Berkeley City Council
May 20, 2025

Action Calendar – Public Hearings
Tuesday, April 29, 2025 MINUTES Page 14

30. Zoning Ordinance and General Plan Amendments Relating to Middle Housing From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion:

1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 23 (Zoning Ordinance) and the Zoning Map, for the purposes of encouraging development of “middle housing” in areas currently zoned R-1, R-1A, R-2, R-2A and MU-R (“low-density residential districts”), with an effective date of September 1, 2025; and

2. Adopt a Resolution amending the General Plan for the same purpose.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Item 30 removed from the agenda by the City Manager.

Information Reports

31. 2025 Police Accountability Board Workplan
From: Police Accountability Board
Contact: Hansel Aguilar, Commission Secretary, (510) 981-4950 Action: Received and filed.

32. Restaurant Inspections Audit Report Wins National Recognition From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 3 speakers.

Adjournment
Action: M/S/C (Bartlett/Lunaparra) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – O’Keefe.

Adjourned at 8:58 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council regular meeting held on April 29, 2025.
________________________
Mark Numainville, City Clerk

Tuesday, April 29, 2025 MINUTES Page 15
Communications
Item #30: Zoning Ordinance and General Plan Amendments Relating to Middle Housing

1. Margot Smith

2. Eric James Schroeder

3. Gael Alcock

4. Gary Parsons

5. Susan Taylor

6. Curtis Manning

7. Janet Stephens

8. Laura Klein

9. Leah Kaizer

10.David Whipple

11.Vicki Sommer

12.Ondine Norman

13.Ellen Kramer

14.Eric King

15.Carol Hirth (2)

16.John Brogan

17.DP Neyhart

18.Dr. Anne Boersma

19.Lisa Bruce

20.Brandon Yung (2)

21.Dr. Amanda Le

22.Anne Weinberger

23.Cece Littlepage

24.Sabina McMurtry

25.Dawn Thomas

26.Andrea Yankowski

27.Steven Douglas

28.Lynn Sherrell

29.Victoria Kahn

30.Alison Monroe

31.Vincent Casalaina

32.Alisa Foster

33.Rachel Bradley
Item #32: Restaurant Inspections Audit Report Wins National Recognition

34.Liz Ruhland
Berkeley Green New Deal

35.EJ Cire
2024 Annual Report

36.Jennifer Cogley

Tuesday, April 29, 2025 MINUTES Page 16
Ohlone Greenway

37.Erik Dreher

38.Alastair MacDowell

39.Wei-Bing Chen

40.Susan Springborg and Greg Martin

41.Lynn Jones

42.Greg Gurnick

43.Karen Dabrusin
Proposed Unhoused Location

44.Tim Sakhuja

45.Todd Jersey

46.Aimee & Meryl, Beautiful San Pablo

47.Terry Betts

48.Andrew Johnson

49.Karina Racz

50.Sara Jusseame

51.Calvin Collier

52.Jan Dizon and Matthew Noah

53.Patricia Erwin

54.Orion Fulton
Berkeley Advanced Biomaterials

55.Terry Albury
Moellering Field Plan

56.Charles Siegal on behalf of Walk Bike Berkeley

57.Wahid Amiri
Housing Market Practices

58.LiJia Gong, Angelo Pis-Dudot, Lee Hepner, and Leah Simon-Weisberg Work From Home Concern

59.Pgcountymd63
Encampments

60.Amber Richardson

61.Nigel
Project @ 3000 Shattuck Ave

62.Sallie Hanna-Rhyne and Neighbors

63.Alisha Pember
Thank You

64.John Craner

65.Martin Bourque (2)

Tuesday, April 29, 2025 MINUTES Page 17
Claim Update

66.Eid (2)
Ada/California Street

67.Shirley Kirsten (2)

68.Emily Brandt
Caltrans Ribbon Cutting Ceremony

69.Terrance Davis
Surveillance

70.Lavell Young
Government Concerns

71.Josh Atwood
Fair Housing Conference

72.Caroline Peattie
ICE Concerns

73.Alex S. Merenkov (2)
Columbus Statue in Brooklyn Borough Hall Plaza

74.Alex Judah (2)
Rides for Seniors

75.Barbara Gilbert

76.Ben Buettner

77.Vanessa Arrendondo

78.Daveed Mandell
Housing

79.S. Entwistle
Citizen Concern

80.Inetjalopy
Green Cans

81.Karen Ball
Plans

82.Tillymaui
Fines

83.Cecelia Mautner

Tuesday, April 29, 2025 MINUTES Page 18
Ordinance No. 7,681 PRA Concern

84.Cassia Stepak
Use of Resources

85.Lavell Young
Low Density

86.Richard Boubelik
Multistory Apartments

87.David Lerman
Harrison Street

88.Magnus Flying Colors Racing
Berkeley Branch Closure

89.Erika Shore
E-Scooters

90.Robert Borghese (2)
Police Alternative

91.Moni T. Law
Mental Health Needs

92.Jenean Fear
Nevada Cares Campus

93.John Craner
Screenshots

94.Lavell Young

95.Josh Atwood
Forwards

96.Russbumper (4)

97.Josh Atwood

98.Maxina Ventura
URL’s

99. Russbumper (13)
100. Josh Atwood
101. Lavell Young (4)

Tuesday, April 29, 2025 MINUTES Page 19
Supplemental Communications and Reports 1
Item #21: Budget Referral: Deportation Defense Legal and Education Funds 102. Revised agenda material submitted by Councilmember Brent Blackaby Item #23: Amend AB-645 (2023-2024) to add the City of Berkeley to California’s Automated Speed Enforcement Pilot
103. Revised agenda material submitted by Councilmember Brent Blackaby Item #24: Refer $25,000 to the June 2025 Mid-BiennialBudget Process to Partially Cover Street Spirit’s Operational and Programming Costs 104. Revised agenda material submitted by Councilmember Lunaparra Item #30: Zoning Ordinance and General Plan Amendments Relating to Middle Housing
105. Robert Roth
106. Joaquin R. Carbonell
107. Frances C. Moore
108. Andrew Doran
109. Alden Mudge
110. Sally Greenspan
111. Sarah Wittmer
112. Sabina McMurtry
113. Juliana Fredman
114. Dean Metzger
115. Theresa Gensler
116. Nancy Richerson
117. Michael Parman
118. Vicki Sommer
119. Emeritus Alan Ramo
120. Jane Terjung
121. Anne Boersma
122. Miriam Nathanson
123. Carol Hirth
124. Shelley Golomb
125. Nenelle Bunnin
126. Michael Walden and Judith Schelly
127. Sara Hartley
128. John Allen
129. Sarah Baughn
130. Bruce & Annie Nalezny
131. Eric King
132. Zachary Lamb
133. Peggy Mendelson
134. The Neighborhoods Council Executive Committee
135. Eric Friedman
136. Bryce Nesbitt
137. John J. Parman

Tuesday, April 29, 2025 MINUTES Page 20
138. Robb Wrenn
139. 20 Similarly worded form letters
Supplemental Communications and Reports 2
Item #25: Supporting State and Regional Funding for Bay Area Public Transit 140. Kate Harrison
Item #30: Zoning Ordinance and General Plan Amendments Relating to Middle Housing
141. Jeff and Kim Haltiner
142. Warren Pottebaum
143. Ben Gerhardstein
144. Stephen Sperber
145. Lisa Vogel
146. Harrison Alter
147. Crystal Brunzell
148. Brandon Yung
149. Linda and Steven Rosen
150. Bill Kristy
151. Lance Williams
152. David Lerman (2)
153. Albert Buixade
154. Jenny Vaughan
155. Syl
156. John Coveney
157. Aileen Paterson
158. Carol Cohen
159. Jason Warriner
160. Jamie Ruth
161. Alicia Carter
162. Andrea Yankowski
163. Emilie Strauss
164. Adelaide Jenkins
165. Stefan Elgstrand on behalf of State Senator Jesse Arreguin 166. Janet Stromberg
167. Alexandra Crisafulli
168. Kenny Yip
169. Janet Maestre
170. Barbara Fisher
171. Elizabeth Exter
172. David Johnson
173. Micah Stilwell
174. Jennifer Fisher
175. Tamara Birdstall
176. Tres Lundquist
177. Lovell Jarvis
178. Alex Mas

Tuesday, April 29, 2025 MINUTES Page 21
179. David Meyer
180. Katherine Hansen
181. Toni Mester
182. Pam Zelnik
183. Elizabeth Lamoureaux
184. 8 Similarly worded form letters
Urgent Item: Support for AB-389 Personal Income Tax: Tax Credits: Fire-Resistant Home Improvements (Wallis)
185. Submitted by Councilmember Brent Blackaby
Supplemental Communications and Reports 3
Item #28: Submission of the 2025-2030 Consolidated Plan and Program Year 2025 Annual Action Plan
186. Presentation submitted by Health, Housing, and Community Services Department
Item #29: Implement Residential Preferential Parking (RPP) Program on the 1500 Block of Virginia Street
187. Presentation submitted by Public Works Department
Item #30: Zoning Ordinance and General Plan Amendments Relating to Middle Housing
188. Elizabeth Snowden and Charles P. Smith
189. Aimee Baldwin (3)
190. Rachel Gold
191. Leslie Firestone
192. Elizabeth Ottinger & Derek Bremner
193. Erin Scott
194. Eduardo Teixeira
195. Nico Calavita
196. David Killion and Rosamond Smith
197. Gale Garcia
198. Richard Neese
199. Michelle Pasternack
200. 14 Similarly worded form letters
Miscellaneous
201. Unknown

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 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David White, Deputy City Manager
Subject: Contract: Townsend Public Affairs, Inc. for Legislative and Funding Advocacy Strategy

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Townsend Public Affairs, Inc. for ongoing tailored legislative and funding advocacy strategy from July 1, 2025, to June 30, 2027 which establishes a contract in an amount not to exceed $108,000.

FISCAL IMPACTS OF RECOMMENDATION
The proposed contract will support two years of contracted services at $4,500 per month for a total of $54,000 a year. Funding is available in FY 2026 General Fund budget allocation (011-99-900-900-0000-000-412-612990).

CURRENT SITUATION AND ITS EFFECTS
The City requires legislative information and support including:
 Review of legislation to determine potential beneficial or adverse impacts to the City and recommend appropriate responses.
 Monitoring, analysis, and reporting on selected legislative and agency hearings that have impact on the City’s priorities.
 Management of City Council-sponsored legislation, including: drafting language, securing authors and co-authors, and shepherding the bill through the legislative process to a successful conclusion.
 Facilitating participation of City representatives in the legislative process, including:

Arranging and preparing legislative testimony, participating in informational hearings as expert witnesses, coordinating meetings and written communications with legislators and agency officials.
 Coordinating, building, and leveraging coalitions with other cities and interest groups with similar legislative needs in order to advance mutual priorities.

Contract: Townsend Public Affairs, Inc. CONSENT CALENDAR May 20, 2025
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: www.berkeleyca.gov  Coordinating a minimum of one advocacy trip each year to Sacramento as requested, including client briefing, documentation, decision-maker briefing, meeting staffing, and follow up.

BACKGROUND
On November 1, 2009, the City entered into agreement with Townsend Public Affairs, Inc., to have legislative representation in Washington, D.C. to further strengthen the community’s access to federal agencies and legislators, as well as to obtain information about local government funding opportunities. The City is interested in having its representative continue to track funding requests and support the City’s efforts to secure additional funding for a variety of programs and services.

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

RATIONALE FOR RECOMMENDATION
Townsend Public Affairs, Inc. has provided excellent legislative and policy advocacy at the Federal level for the City of Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
David White, Deputy City Manager, (510) 981-7000
Attachments:
1: Resolution

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

CONTRACT: TOWNSEND PUBLIC AFFAIRS, INC. FOR LEGISLATIVE AND

FUNDING ADVOCACY STRATEGY
WHEREAS, on November 1, 2009, the City entered into Agreement with Townsend Public Affairs, Inc. to have legislative representation in Washington, D.C. to further strengthen the community’s access to federal agencies and legislators, and to obtain information about local government funding opportunities; and WHEREAS, the City and Townsend Public Affairs, Inc. have historically established new contracts at or near the end of each term, with each new term ranging between 6 and 12 months; and
WHEREAS, Townsend Public Affairs, Inc. has provided excellent legislative and policy advocacy at the Federal level for the City of Berkeley.

WHERAS, funding is available in FY 2026 General Fund budget allocation (011-99-900- 900-0000-000-412-612990-).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to establish a contract with Townsend Public Affairs, Inc., for ongoing tailored legislative and funding advocacy strategy. The contract shall begin on July 1, 2025, and end on June 30, 2027, with an initial total amount not to exceed $108,000.

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 20, 2025
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: David White, Deputy City Manager
Subject: Appointment of Director of Human Resources

RECOMMENDATION
Adopt a Resolution confirming the appointment of Janelle Rodrigues as the Director of Human Resources to be effective June 9, 2025, at an annual salary of $240,000.

FISCAL IMPACTS OF RECOMMENDATION
The salary and benefits for the Director of Human Resources are included in the Department’s budget. The position is paid 90% from the General Fund (Budget Code:
011-34-341-000-0000-000-412-511110) and 10% from the Employee Training Fund (Budget Code: 146-34-341-000-0000-000-412-511110).

CURRENT SITUATION AND ITS EFFECTS
In accordance with the City Charter, Section 28(b) of Article VII, City Council is being asked to confirm the appointment of Janelle Rodrigues to the Director of Human Resources position with an annual salary of $240,000. Upon confirmation of this appointment, the employment offer to Janelle Rodrigues will be finalized with an effective start date of June 9, 2025. The Director of Human Resources is an at will benefitted department head position that reports to the Deputy City Manager.

For this recruitment, the City retained WBCP Inc., to perform a nationwide search. The recruiter received approximately 255 applicants for the position. Subsequent to the recruiter reviewing and screening applications, the City conducted a competitive interview process consisting of technical experts and city department directors. Top candidates were recommended for final interviews conducted by the City Manager and Deputy City Manager.

Janelle Rodrigues has worked at the East Bay Regional Parks District since December 2021 as the Division Lead (Assistant Director of Human Resources). In her current capacity, she oversees a team of 29 staff across five units: Labor Relations, Recruitment and Classification, Benefits and Leaves, Training, and Risk Management.

Appointment of Director of Human Resources CONSENT CALENDAR May 20, 2025
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: www.berkeleyca.gov Prior to joining the East Bay Regional Parks District, Janelle Rodrigues worked for the City of Oakland spearheading labor relations for an organization that consists of more than 5,000 employees. In addition, she has worked in private practice as a labor and employment attorney.

BACKGROUND
The Human Resources team serves the Berkeley community’s need for a well-qualified high performing workforce by attracting and retaining a talented and diverse City government workforce. The role of the Human Resources Department is to serve as a strategic business partner to its internal and external customers and provide leadership, expertise, support and guidance to other City Departments in the areas of recruitment and selection for employment, occupational health and safety, employee benefits, workers' compensation, employee development and training, employee relations and equal employment opportunity programs and classification and compensation.

The Human Resources Department has 27 staff and is organized into five divisions consisting of:

Office of the Director
The Office of the Director provides overall leadership and administrative direction for all Human Resources Department activities. The Director of Human Resources acts as the City Manager’s representative for all disciplinary and grievance appeals, and serves as Secretary and provides staff support to the Personnel Board as established by Section 119 of the City Charter. In addition to serving as Lead Strategist/Chief Negotiator with all employee groups.

Personnel and Administrative Services
The Personnel and Administrative Services Division conducts all merit-based recruitment and examination activities in accordance with the City’s Personnel Rules and Regulations, Federal and State laws, and other Ordinances and Resolutions adopted by City Council. Recruitment and examination activities include: developing examination plans, creating job announcements, conducting advertisement campaigns, reviewing applications, coordinating rater panels, administering exams, conducting statistical analyses of tests, and conducting new hire orientations and processing related paperwork.

Employee and Labor Relations
The Employee Relations Division conducts all labor relations activities with the City’s seven labor organizations and represents the City Manager on employee relations matters; advises department staff on labor contract interpretations, Federal and State employment laws, and human resources policies and procedures; and manages and reviews grievances and disciplinary issues. The division also administers and assists departments with the City’s benefits, Workers’ Compensation, and Occupational Health and Safety programs.

Appointment of Director of Human Resources CONSENT CALENDAR May 20, 2025
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: www.berkeleyca.gov Training and Organizational Development
The Training and Organizational Development Division administers and oversees the Citywide Training Program, which is designed to provide ongoing training and development to employees in skills that are fundamental to successfully achieving the City’s mission.

Equal Employment Opportunity and Diversity
The Equal Employment Opportunity (EEO) and Diversity Division administers, implements, and coordinates the City’s EEO matters; ensures compliance with EEO provisions; enforces diversity efforts pertaining to recruitment and retention; administers the City’s Harassment Prevention Policy and discrimination complaint process; conducts internal investigations of complaints filed, and assesses reasonable accommodation requests in compliance with the provisions of the Americans with Disabilities Act (ADA) and the CA Fair Employment and Housing Act (FEHA)

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

RATIONALE FOR RECOMMENDATION
Janelle Rodrigues has a strong background in public sector labor relations, workforce development, and human resources modernization. She began her career working in private practice as a labor and employment attorney. Janelle Rodrigues has worked for more than three years for the East Bay Regional Parks District leading their human resources team and worked for more than four years for the City of Oakland overseeing labor relations. She holds a Bachelor’s degree from the University of California, Berkeley, a Juris Doctor from the University of San Francisco, and has received certificates from Harvard Law School and the Society for Human Resource Management.

Janelle Rodrigues also brings a demonstrated commitment to advancing equity, inclusion, and belonging in the workplace. She led the development of the Human Resources Equity Statement at the East Bay Regional Park District and collaborated closely with the District’s first Equity Officer to provide transparent workforce data and support equity-focused initiatives. Her accomplishments include launching a District- wide new employee orientation, implementing process improvements to ensure equitable access to seasonal hiring opportunities, and reframing human resources as a service partner to all departments.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
David White, Deputy City Manager, (510) 981-7000
Attachment:
1: Resolution

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

CONFIRMING THE APPOINTMENT OF JANELLE RODRIGUES AS DIRECTOR OF

HUMAN RESOURCES
WHEREAS, Janelle Rodrigues has significant experience working in the public sector in the Human Resources field and is currently working as the Division Lead (Assistant Director for Human Resources) for the East Bay Regional Park District where she oversees a team consisting of 29 employees that supports an organization that consists of approximately 995 full-time equivalent employees; and WHEREAS, while at the East Bay Regional Park District, Janelle Rodrigues led the development of the Human Resources Equity Statement and collaborated closely with the District’s first Equity Officer to provide transparent workforce data and support equity- focused initiatives. Her accomplishments include launching a District-wide new employee orientation, implementing process improvements to ensure equitable access to seasonal hiring opportunities, and reframing human resources as a service partner to all departments; and
WHEREAS, Janelle Rodrigues served as a Labor Relations Manager for the City of Oakland in which she negotiated and administered collective bargaining agreements and designed and delivered citywide training programs on labor relations policies, progressive discipline, investigations, and grievance procedures; and WHEREAS, Janelle Rodrigues has also served in private practice as a labor and employment attorney.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby confirms the City Manager's appointment of Janelle Rodrigues as the Director of Human Resources with an annual salary of $240,000 on the same terms and conditions as other regular at will employees effective June 9, 2025.

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 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on MAY 20, 2025

RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager’s threshold will be returned to Council for final approval.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $7,436,690.18.

PROJECT  Fund  Source  Amount
Installation of manual generator transfer
switch (electrical contractor) 011 General Fund $75,000.00 South Cove ADA Gangway Float 608 Marina Operations/Maint $121,690.18 Tom Bates Regional Sports Complex
Community Facility, Pickleball Courts and
U8 Soccer Field
511
138
501
Meas T1 – Infrstr and Fac
Parks Tax
Capital Improvements $6,075,000.00
Installation of Above Ground Storage Tank
and Removal of Underground Storage
Tanks
601 Zero Waste $865,000.00
Public Art Coordination Services 148 Cultural Trust $300,000.00 Total:      $7,436,690.18

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000.  As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council MAY 20, 2025 Approval on May 20, 2025
construction; and $50,000 for services.  If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies.  For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Roopreet Walia-Soorma, Senior Buyer, Finance, 510-981-7311 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 20, 2025
a. Installation of Above Ground Storage Tank and Removal of Underground Storage Tanks Installation of manual generator transfer switch (electrical contractor)
b. South Cove ADA Gangway Float
c. Tom Bates Regional Sports Complex Community Facility, Pickleball Courts and U8 Soccer Field
d. Installation of Above Ground Storage Tank and Removal of Underground Storage Tanks
e. Public Art Coordination Services
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: May 20,2025
Attachment 1

SPECIFICATION
NO.

DESCRIPTION

OF GOODS /

SERVICES
BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO

BE CHARGED
DEPT. / DIVISION CONTACT NAME &
PHONE
25-11732 Installation of
manual generator
transfer switch
(electrical
contractor)
5/21/25 6/24/2025 Installation of manual
generator transfer switch
(electrical contractor)
$ 75,000.00 011-52-545-000-0000-
000-461-663-110
PRWCP25004-011-

GEN-CONSTRUCT-
PRW Liza McNulty, 542-4131
25-11734 South Cove ADA Gangway Float 5/21/25 6/24/2025 Project consists of removing and replacing the failed
gangway float at the South
Cove ADA gangway. The
gangway will also be removed,
inspected, and repaired while
a new float is being
manufactured. The new
gangway float and repair
gangway will be reinstalled at
the same time.
$ 121,690.18 608-52-545-000-0000-000-461-663110- PRWWF25008 PRW/Waterfront Nelson Lam  981-6395 25-11736-C Tom Bates
Regional Sports
Complex
Community
Facility, Pickleball
Courts and U8
Soccer Field
5/21/25 6/24/2025 Construction of new
fieldhouse with restrooms,
storage space and
multipurpose room; new
pickleball courts; new youth
soccer field; accessibility
improvements
PRWT122005
FY25 Budget  T1 P2
(511) $1,775,000
Parks Tax (138)
$400,000        FY26
Parks Tax (138)
$3,590,000   CIP
Fund (501)
$310,000
Total $6,075,000
Yes
Yes
Not yet
Not yet
Parks, Recreation, &
Waterfront/ CIP Division
Nelson Lam 6395
Jesus Espinoza 6708
Dept Total $ 6,271,690.18
1 of  3

NEXT 30 DAYS
DATE SUBMITTED: May 20,2025
Attachment 1
25-11733-C Installation of
Above Ground
Storage Tank and
Removal of
Underground
Storage Tanks
5/21/25 6/24/2025 Permitting, Site
Mobilization/Demobilization,
Remove 2 underground
storage tanks, associated
piping, and two pump
stations, Excavate Impacted
Soil, Site Restoration, Perform
environmental soil, sidewall(s)
and bottom of tank sampling
and analytical testing and
perform groundwater
sampling if encountered and
analytical testing to
laboratory, installation of new
aboveground fuel tank and
corresponding dispenser,
Draft and Final UST Removal
Report and obtain City of
Berkeley closure approval
$ 865,000.00 601-54-623-677-0000-
000-471-663110
Public Works / Operations /
Zero Waste
Robert Hernandez
981-6644
Priya Chopra
981-6338
Joy Brown
981-6629
Dept Total $ 865,000.00
25-11737-C Public Art
Coordination
Services
5/21/25 6/24/2025 Engage a consultant for up to
3 years for Public Art
Coordination Services
$100,000 annually
(not to exceed
$300,000 over 3
years)
148-21-208-252-0000-000-446-612990-CMO/OED/Civic Arts Jennifer Lovvorn, 981- 7533
Dept Total $ 300,000.00
TOTAL $ 7,436,690.18

SPECIFICATION
NO.

DESCRIPTION

OF GOODS /

SERVICES
BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO

BE CHARGED
DEPT. / DIVISION CONTACT NAME &
PHONE
2 of  3

Attachment 1
3 of 3

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 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Contract No: 32300104 Amendment: The Village of Love for Telegraph Neighborhood Sacred Rest Drop-In Center

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee, to execute an amendment to Contract No. 32300104 with The Village of Love to add $250,000, for a total contract amount not to exceed $1,000,000, for services and operations at the Telegraph Neighborhood Sacred Rest Drop-In Center and extend the contract term through May 31, 2026.

FISCAL IMPACTS OF RECOMMENDATION
This amendment will be funded using (Fund 147). Funds are budgeted in the Fiscal Year 2026 (FY2026) budget and are subject to the adoption of the FY2026 budget and the FY2026 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The Village of Love currently operates the Telegraph Neighborhood Sacred Rest Drop- In Center (Center), a daytime drop-in center for people experiencing homelessness.

The Center began operating in June 2022 and has helped over 300 unhoused community members get connected to services and housing readiness resources in the community. The Center is open Monday through Friday from 9:30 am to 5:30 pm and offers access to restrooms and basic services, including respite, meals, and housing navigation.

The existing contract is expected to expire on May 31, 2025, unless it is amended to include additional funding. UC Berkeley has allocated $250,000 to extend the contracted services through May 31, 2026. The Village of Love needs an additional $250,000 to maintain its current operations. The Center is supported by the University’s Homeless Outreach Coordinator, as well as students from UC Berkeley. It is an important component of the City and University’s joint effort to resolve homelessness in Berkeley, by tailoring services to each individual’s needs and wants. The Village of Love holds the lease with First Presbyterian Church for access to and use of the site.

Contract Amendment: Amendment No: 32300104 with The Village of Love CONSENT CALENDAR May 20, 2025

BACKGROUND
On July 27, 2021, the City and University executed the Joint Settlement Agreement, which, among other things, committed the City to expend an amount determined through joint planning between the City and the University to “fund a day-time drop- in/service center in the Telegraph area for the unhoused population.” On January 18, 2022, the leadership of the First Presbyterian Church of Berkeley unanimously approved providing access to a vacant lot on Haste Street owned by the Church for the drop-in center. On March 2, 2022, the University awarded a separate $500,000 contract to The Village of Love to provide services and operations at the drop-in center at this site for two years, through May 2024. In May 2024, the University added $250,000 to extend services through May 31, 2025. On May 21, 2024 Council adopted Resolution No. 71,344-N.S. to allocate $250,000 to extend services through May 31, 2025.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental impacts associated with this report.

RATIONALE FOR RECOMMENDATION
There continues to be a need to provide basic services and support to unhoused residents who are unhoused in the greater Telegraph District/Southside neighborhood.

The agreement between the University and the City of Berkeley to continue to fund a daytime drop-in center in the Telegraph area for the unhoused population targets helps address the unmet need for services in the neighborhood.

ALTERNATIVE ACTIONS CONSIDERED
None. Since the University already identified a service provider, a leasing mechanism for the site, paid the full cost of the capital expenses associated with the development of the drop-in center, and continues to provide a 50% match for operations.

CONTACT PERSON
David Andujo-Walker, Community Services Specialist II, 510-981-5454 Attachments:
1: Resolution

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

CONTRACT NO. 32300104 AMENDMENT WITH THE VILLAGE OF LOVE WHEREAS, People’s Park was home to an encampment of unsheltered individuals who need an array of services to end their unsheltered status; and WHEREAS, in July 2021, the City and University of California, Berkeley entered into the UC Berkeley – City of Berkeley Joint Settlement Agreement; and WHEREAS, the first annual payment of the Settlement Agreement requires that an amount determined through joint planning between the City and the University be allocated to fund a day-time drop-in/service center in the Telegraph area for the unhoused population; and
WHEREAS, on January 18, 2022, Leadership at the First Presbyterian Church of Berkeley voted unanimously to grant access to and use of a vacant lot on Haste Street owned by the Church to the University for purposes of establishing a daytime drop-in center; and
WHEREAS, the University awarded a $500,000 grant on March 2, 2022 to The Village of Love to provide services and operations for the drop-in center at this site for two years through May 31, 2024; and
WHEREAS, the Berkeley City Council allocated $250,000 on April 26, 2022 and on May 23, 2023 for services and operations at the drop-in center for one year through May 31, 2023 and May 31, 2024 respectively; and
WHEREAS, the University awarded an additional $250,000 grant to The Village of Love to continue services and operations through May 31, 2025; and WHEREAS, the Berkeley City Council allocated $250,000 on May 21, 2024 to continue services and operations at the drop-in center for one year through May 31, 2025; and WHEREAS, funds in the amount of $250,000 are needed to continue services and operations through May 31, 2026.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager or designee to execute an amendment to add $250,000 using Fund 147 for a total contract amount not to exceed $1,000,000 and extend the term through May 31, 2026.

A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Funding Application: California Affordable Housing and Sustainable Communities Infrastructure in connection with the proposed North Berkeley BART Affordable Housing Project

RECOMMENDATION
Adopt a Resolution:

1. Authorizing the City Manager to negotiate, enter into, and cause the City to perform its obligation under an agreement (including amendments) with East Bay Asian Local Development Consortium (EBALDC) and/or their affiliate relating to a funding application to the California Affordable Housing and Sustainable Communities (AHSC) program for project-related transportation and infrastructure improvements for the North Berkeley BART (NBB) EBALDC Affordable Housing Project at the North Berkeley BART Station Area, for a total AHSC award amount of up to $50 million.

2. Authorizing the City Manager to accept up to $5.4 million in state Affordable Housing and Sustainable Communities (AHSC) funds and complete selected transportation improvements if awarded.

SUMMARY
If the AHSC application is successful, the City will receive up to $5.4 million in grant funds for transportation projects located within one mile of the NBB EBALDC Affordable Housing Project. The budget for City transportation projects in the application may decrease depending on the final combination of transportation projects proposed in the AHSC application. To maximize the application’s competitiveness, Public Works staff are evaluating various combinations of transportation projects.

FISCAL IMPACTS OF RECOMMENDATION
EBALDC will apply for AHSC program funds for housing development and transportation improvements for the NBB EBALDC Affordable Housing Project.

EBALDC will apply for up to $35 million to support housing development costs for the project and the costs for bikeway, transit, and pedestrian improvements on and adjacent to the site. The housing portion of the application does not require City participation, and

Grant Application: California Affordable Housing CONSENT CALENDAR Sustainable Communities Infrastructure May 20, 2025

the AHSC housing funds will be loaned directly to EBALDC without passing through the City. The housing portion of the application cannot go forward without the transportation and infrastructure portion discussed in this report.

The application will also include funding requests for transportation projects, including projects that would be implemented by the City. If awarded, EBALDC’s AHSC application would bring up to $5.4 million of competitive grant revenue to fund bicycle, pedestrian, and transit improvements. The resolution authorizes the City Manager to enter into an agreement that will allow EBALDC to pass through the funds to the City if the application is successful.

If the AHSC application is successful, the City will need to complete the agreed upon projects within five years of the award. The resulting City agreement is expected to include generally customary provisions requiring the City to (i) complete the agreed improvements by the deadline, (ii) be responsible for any funding shortfalls, and (iii) not seek reimbursement for any grant amounts not otherwise spent on the projects.

CURRENT SITUATION AND ITS EFFECTS
EBALDC is pursuing AHSC funding to support its affordable housing development (NBB EBALDC project) at North Berkeley BART. In order to be eligible for up to $35 million in housing development funds, the application must include transportation and infrastructure improvements consistent with a complex system of AHSC program priorities. The improvements will be implemented by EBALDC, the City of Berkeley, and BART/ Valley Transportation Authority (VTA). Under AHSC guidelines, the funding that supports the housing development will be provided as a loan to the applicant, and the transportation and infrastructure improvement are provided as a grant.

The project team has been meeting to strategize on the combination of transportation improvements that will help the application score most competitively. Transportation improvements must be located entirely or partially within the project area, defined by AHSC as within one mile of the North Berkeley BART transit-oriented development site.

The improvements to be implemented by the City of Berkeley could include a new Class III bicycle boulevard on Grant Street from the City Council approved 2017 Bicycle Plan Update, such as wayfinding signs, pavement markings, traffic calming, intersection crossing improvements, solar-powered street lighting and new Americans with Disabilities (ADA)-accessible curb ramps, as part of 2027-2028 repaving projects. The City could also improve five AC Transit bus stops on Shattuck Avenue and Sacramento Street within the project area with bus boarding “bulbouts” and benches. The bus stops are located on transit priority corridors and support the City’s Transit-First Policy Implementation Plan approved by City Council in 2023. The City may also consider incorporating other eligible multimodal transportation improvements - such as enhanced pedestrian lighting, bike parking, or micro-mobility infrastructure - provided they remain consistent with AHSC guidelines and are located within the eligible project area.

Grant Application: California Affordable Housing CONSENT CALENDAR Sustainable Communities Infrastructure May 20, 2025

Coordination with ongoing and future capital projects may also support the integration of additional pedestrian and bicycle improvements. The City’s share of the AHSC funds for the bicycle, pedestrian, and bus stop improvements will not exceed $5.4 million.

The funding application will request up to $15 million for various activities, including the City transportation projects. The AHSC award will also fund new train cars for a transit component by BART/VTA, and anti-displacement activities. The City will have no direct role or responsibility in implementing the EBALDC, BART, and anti-displacement activities.

BACKGROUND
Administered by the Strategic Growth Council and implemented by the Department of Housing and Community Development (HCD), the AHSC Program provides loans and grants to eligible land-use, housing, transportation, and land preservation projects to support infill and compact development that reduce greenhouse gas emissions. Funding for the AHSC Program is provided by the Greenhouse Gas Reduction Fund, an account established to receive Cap-and-Trade auction proceeds. The City was successful in applying for AHSC program funds with BRIDGE on the BRIDGE PHASE I affordable housing project at the NBB site and for applying and utilizing AHSC program funds for several other affordable housing projects.

On December 13, 2022, and July 25, 2023, with Resolutions 70,643-N.S. and 70,991- N.S., the City Council approved predevelopment funding reservations totaling $2,000,000 for the development of permanently affordable housing at the NBB Station Area. This predevelopment funding is part of a commitment made by the City through Resolution 69,833-N.S. to provide up to $26.5M for affordable housing development at the site. The NBB EBALDC Affordable Housing Project is one of four affordable projects proposed for housing development at the North Berkeley BART station. With Resolution 71,428-N.S., the City Council approved a development funding reservation of $5,473,534 on June 25, 2024 for the project.

The intent is to leverage City’s affordable housing funding with affordable housing funding from the state’s AHSC program, for which applications are due on May 28, 2025. A key goal of the AHSC program is to reduce greenhouse gas emissions, and projects are required to incorporate certain transportation improvements. However, those improvements are not sufficient to meet the AHSC program’s threshold requirements. EBALDC requested that the City partner with them on the application and complete certain AHSC-funded transportation improvements to help meet the program requirements and ensure a competitive application.

EBALDC is working with Community Development Resource Group, which has a proven track record of successful AHSC applications. The consultants have been evaluating the AHSC scoring criteria and transportation project options and have advised on strategies that have the greatest chance of achieving the highest scores

Grant Application: California Affordable Housing CONSENT CALENDAR Sustainable Communities Infrastructure May 20, 2025

possible. The project team strategized on the most competitive combination of transportation projects to propose and determined that a portion of the AHSC funds will support City projects identified in this report.

The City will not be a joint applicant and will need to enter into a side agreement with EBALDC in order to receive state AHSC funding passed through the project to the City- sponsored transportation projects. The City will need to commit to completing those transportation projects within five years of the award. Completion of the transportation projects by the end of 2030 will be necessary for the projects to receive the AHSC housing funds. Should the City not complete the improvements by 2030, the City would lose access to the AHSC funds. For that reason, agreeing to participate in this program means the City will need to prioritize completion of any AHSC-funded projects. The side agreement will address liability and indemnification as well as the grant activities themselves. This was taken into consideration as the potential projects were identified.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The purpose of the AHSC program is to reduce greenhouse gas emissions in California.

All the projects identified for the funding will help accomplish that goal. Increasing cycling and walking would help the City achieve the Berkeley Climate Action Plan greenhouse gas emission reduction targets of 80% below year 2000 levels by 2050.

The Climate Action Plan states that, to meet these targets, “Transportation modes such as public transit, walking and bicycling must become the primary means of fulfilling our mobility needs.”

RATIONALE FOR RECOMMENDATION
The City transportation and infrastructure projects proposed for inclusion in this AHSC funding application (new Class III bicycle boulevards, pedestrian improvements, and bus stop upgrades in the AHSC project area) were all previously identified in existing City plans. The 2017 Bicycle Plan recommends new bicycle boulevards to expand and improve connectivity of the neighborhood bikeway system. The City’s Transit-First Policy Implementation Plan encourages the City to develop bus stop improvements to support the use of public transit. The City’s 2020 Pedestrian Plan recommends curb ramps that align with the direction of the crosswalk and are compliant with the ADA.

This funding opportunity has the potential to provide up to a total of $5.4 million for various activities, including the City’s transportation-related infrastructure improvements in the project area. The AHSC funds could also support a BART/VTA-sponsored project (either new BART/VTA train cars or infrastructure improvements). If the application is successful, staff believe that the AHSC funds will be sufficient for the City to complete its required transportation and infrastructure improvements, based on current cost estimates. In the event the estimates are higher than budgeted, the City will be required to make up any shortfalls from other sources.

Accepting the AHSC grant funding also poses some risks. If EBALDC fails to meet the AHSC schedule or expenditure deadlines for the housing project, it could impact the

Grant Application: California Affordable Housing CONSENT CALENDAR Sustainable Communities Infrastructure May 20, 2025

timing of or the City’s right to receive disbursements of AHSC funds for its transportation projects. The City is also obligated to complete its AHSC projects by 2030 or it risks losing access to the funds. City staff believes that the City can reasonably bear these risks in light of (i) the understanding that all of the anticipated housing costs have already been identified or budgeted, (ii) the expectation that all CEQA and NEPA approvals for housing construction will be received in timely manner, (iii) the City’s general extensive experience with executing similar transportation and infrastructure projects, and specific understanding that all of the projects at issue can be completed within the required five-year period, and (iv) other than customary requirements for carrying out any public works project, staff is not aware of any other significant pre- conditions or risks for the City executing the transportation improvements projects.

Specific design, construction, procurement and related contracts to deliver the City projects will be subject to customary City approvals at the appropriate times, including Council approval when required.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to participate in the AHSC application, which would result in a less competitive application for EBALDC and may impact their ability to secure funding to support the affordable housing development. Without the City’s participation, the application would have difficulty achieving full points for active transportation improvements. In addition, it would mean forgoing an opportunity to access up to $5.4 million for transportation infrastructure projects.

CONTACT PERSON
Asavari Devadiga, Community Development Project Coordinator, HHCS, 510-981-5426 Attachments:
1: Resolution

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

CALIFORNIA AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES

INFRASTRUCTURE GRANT APPLICATION AND AGREEMENT WITH PROPOSED

NORTH BERKELEY BART EAST BAY ASIAN LOCAL DEVELOPMENT

CORPORATION AFFORDABLE HOUSING PROJECT
WHEREAS, on April 27, 2021, with Resolution 69,883-N.S., the City Council reserved $53 million, to be divided between the North Berkeley and Ashby BART sites, as the subsidy needed to achieve 35% affordability, and allowed for a portion of that funding to be considered for predevelopment costs associated with affordable housing; and WHEREAS, on December 13, 2022 and July 25, 2023, City Council adopted Resolutions No. 70,643-N.S. and No. 70,991-N.S., reserving funding for predevelopment activities at the North Berkeley BART site; and
WHEREAS, on March 25, 2025, the California Strategic Growth Council and the California Department of Housing and Community Development released the Notice of Funding Availability with approximately $775 million in loan and grant funds for the Affordable Housing and Sustainable Communities (AHSC) Program; and WHEREAS, East Bay Asian Local Development Corporation (“EBALDC”) and/or their affiliate proposes to apply for AHSC funding prior to the due date of May 28, 2025, for up to $50 million to support affordable housing development (the “NBB EBALDC Project”), as well as transportation and infrastructure improvements within one mile of the North Berkeley BART site (the “project area”); and
WHEREAS, if the application is successful, the City would receive up to approximately $5.4 million in grant funds to support bicycle boulevard, pedestrian improvements, and bus stop improvements within the project area (the “City Transportation Projects”); and WHEREAS, the City Transportation Projects support the traffic safety, climate, and equity policy goals and infrastructure recommendations of Berkeley City Council approved transportation plans, including the 2017 Bicycle Plan (Resolution no. 67,945-N.S.), 2020 Pedestrian Plan (Resolution no 69,711-N.S.), 2020 Vision Zero Action Plan (Resolution no. 69,324-N.S.), and 2023 Transit-First Policy Implementation Plan (Resolution no. 70,751-N.S.); and
WHEREAS, the amount of funding for City Transportation Projects may be reduced depending on the final cost estimate for other projects that will also be paid for out of the AHSC award; and
WHEREAS, the City will not be a joint applicant, but will need to enter into a side agreement with EBALDC in order to receive state AHSC funding passed through the project to the City-sponsored transportation projects.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is authorized to negotiate, enter into and cause the City to perform its obligations under an agreement (including amendments) with EBALDC and its affiliates relating to a funding application to the California AHSC program for NBB EBALDC Project project-related transportation and infrastructure improvements, for a total amount up to $5.4 million for City projects, and to accept and perform the grants if awarded.

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 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Revenue Grant Agreements: Funding Support from the State of California and Alameda County to Conduct Public Health Services

RECOMMENDATION
Adopt two Resolutions authorizing the City Manager or designee to submit grant agreements to the California Department of Public Health (CDPH) and Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following two revenue agreements:

1. Tuberculosis (TB) Prevention and Control in the projected amount of $33,688 for Fiscal Year (FY) 2026 from CDPH.

2. Public Health Infrastructure Program in the projected amount of $32,080 for FY 2026 from Alameda County.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds in the amount of $33,688 from the State of California and $32,080 from the County of Alameda for FY 2026 from the sources listed below. There is no local match required for any of these grants. Each contract will be entered into the citywide contract management system database:

1. Tuberculosis (TB) Prevention and Control: in the projected amount of $33,688 for FY 2026 from CDPH. (Fund: 312)

2. Public Health Infrastructure Program: in the projected amount of $32,080 for FY 2026 from Alameda County. (Fund: 326)
Spending of all referenced grant funds is subject to Council approval of the budget and the Annual Appropriations Ordinances for each fiscal year. Depending on the timing of when grants are officially awarded and the amounts are determined, the grant budgets will be adjusted as part of a future amendment to the FY 2026 Annual Appropriations Ordinance.

Revenue Grant Agreements: Funding Support from the State of California CONSENT CALENDAR and Alameda County to Conduct Public Health Services May 20, 2025

CURRENT SITUATION AND ITS EFFECTS
As a local health jurisdiction, the City of Berkeley provides a broad range of public health programs and services to the community, with the goals of addressing health inequities, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death. Revenue from the State of California and Alameda County is an important source of support for these City public health programs. In FY 2026, there are no significant changes to this support.

1. Tuberculosis (TB) Prevention and Control: Local assistance funding supports TB prevention and control activities, such as providing food, shelter, and incentives to enhance treatment adherence. The overall goal of this program is to reduce the morbidity and mortality of Tuberculosis by increasing compliance and breaking the chain of transmission.

2. Public Health Infrastructure Program: Funding supports epidemiological surveillance as well as ongoing data management and analysis to monitor health in the Berkeley community. Additionally, these funds are used in public health program evaluations, including assessment of the impact on health inequities and priorities identified in the Health Status Report/Community Health Assessment.

BACKGROUND
The City of Berkeley receives funding from many sources annually to complete work related to improving the health of the community. As a local health jurisdiction, the City receives specific funding through the State of California and Alameda County to meet core public health objectives. The Public Health Officer Unit in the Health, Housing, and Community Services Department is committed to providing services to the community to promote equitable, healthy environments and prevent the spread of disease.

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

RATIONALE FOR RECOMMENDATION
These funds provide necessary revenue to support vital services related to the City of Berkeley’s mandates as a public health jurisdiction. They also support the Department’s work to reduce health inequities in Berkeley and improve the health of our community.

ALTERNATIVE ACTIONS CONSIDERED
The Public Health Officer Unit assesses each funding source to ensure that it supports the City’s mission and goals. Staff did not identify an alternative action consistent with the City’s goals of advancing public health and social and racial equity.

Revenue Grant Agreements: Funding Support from the State of California CONSENT CALENDAR and Alameda County to Conduct Public Health Services May 20, 2025

CONTACT PERSON
Alexandra Deitch, Sr. Health Services Program Specialist, HHCS, (510) 981-5379 Attachments:
1: Resolution: Tuberculosis (TB) Prevention and Control 2: Resolution: Public Health Infrastructure Program

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

GRANT AGREEMENT: CALIFORNIA DEPARTMENT OF PUBLIC HEALTH FOR THE TUBERCULOSIS CONTROL PROGRAM FOR FISCAL YEAR 2026
WHEREAS, the City of Berkeley Department of Health, Housing, and Community Services, Public Health Officer Unit (HHCS/PHOU) is committed to conducting public health tuberculosis control and prevention activities and providing related services to ensure adherence to State and Federal standards; and
WHEREAS, HHCS/PHOU is committed to protecting residents of Berkeley from tuberculosis, especially unidentified and untreated tuberculosis infections and disease; and
WHEREAS, HHCS/PHOU works to promote healthy, equitable environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and
WHEREAS, HHCS/PHOU seeks to eliminate health inequities; and WHEREAS, HHCS/PHOU should seek outside funding wherever possible to fund vital public health services; and
WHEREAS, the California Department of Public Health funding will contribute toward supporting the City of Berkeley’s Tuberculosis Prevention and Control Program.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is hereby authorized to submit a grant agreement to the State of California for funding for Fiscal Year 2026 for the Tuberculosis Control Program: to conduct public health tuberculosis control and prevention activities and provide related services; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $33,688; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Funds will be deposited and expensed from a defined budget code (Fund: 312). A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

GRANT AGREEMENT: ALAMEDA COUNTY FOR THE PUBLIC HEALTH
INFRASTRUCTURE PROGRAM FOR FISCAL YEAR 2026
WHEREAS, the City of Berkeley Department of Health, Housing, and Community Services, Public Health Officer Unit (HHCS/PHOU) is committed to providing necessary support to analyze data, plan and disseminate information, and provide general public health education; and
WHEREAS, HHCS/PHOU provides a broad range of public health services to the community; and
WHEREAS, HHCS/PHOU works to promote equitable, healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and
WHEREAS, HHCS/PHOU seeks to eliminate health inequities; and WHEREAS, HHCS/PHOU seeks to enhance and protect the health of the Berkeley community by producing and managing data for health assessment, planning, policy, and disease prevention and control to ensure and protect public health for a thriving, equitable, safe, and healthy Berkeley; and
WHEREAS, HHCS/PHOU should seek outside funding wherever possible to fund vital health services; and
WHEREAS, the County of Alameda funding will contribute toward supporting the City of Berkeley’s Public Health infrastructure.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is hereby authorized to submit a grant agreement to Alameda County for fiscal year 2026 funding for the Public Health Infrastructure Program to accept the grant; execute any resultant revenue agreements and amendments; and implement the projects and appropriation of funding in the amount of $32,080 for related expenses, subject to securing the grant. Funds will be deposited and expensed from a defined budget code (Fund: 326). A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

OFFICE OF THE CITY MANAGER

CONSENT CALENDAR
May 20, 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: Adopt a Resolution Establishing the Unrepresented Job Class Specification and Pay Scale of Fire Mechanic Lead

RECOMMENDATION
Adopt a Resolution establishing the unrepresented job class specification and pay scale of Fire Mechanic Lead as outlined, with an hourly pay range of $51.0771 - $54.1740.

FISCAL IMPACT
The recommended pay range for the proposed classification represents a fiscal impact of $106,240 - $112,681 ($194,749 - $206,557 including full benefits) for one position. This cost is lower than the current annual cost of outsourcing large vehicle repairs to specialized vendors (approximately $329,000 in 2023 and $539,000 in 2024), plus the annual cost of 0.5 FTE Fire Captain II currently assigned to oversee the repairs (approximately $170,000 annually).

CURRENT SITUATION AND ITS EFFECTS
Establishing an independent Fire Apparatus Mechanic position for the Berkeley Fire Department presents a cost-effective solution to the department’s growing vehicle maintenance expenses. The current job classifications of Mechanic and Lead Mechanic are used mainly by the Public Works Department for general maintenance of heavy vehicles, but does not include specific job duties and knowledge, skills, and abilities needed to maintain fire apparatuses.

BACKGROUND
In the absence of an in-house mechanic, the Fire Department has relied on specialized vendors for nearly all large vehicle repairs, resulting in outsourced costs of $329,000 in 2023 and $539,000 in 2024—a dramatic increase in expenditures. Additionally, the department has had to dedicate 0.5 FTE of a Fire Captain II, at an estimated annual cost of $170,000, to oversee these repairs, including transporting vehicles to and from Sacramento. While an in-house Fire Apparatus Mechanic would not eliminate the need for external repairs entirely, it is expected to significantly reduce outsourcing costs, minimize operational disruptions, and allow fire personnel to focus on their primary emergency response duties.

Over time, this investment would lead to substantial cost savings and improved fleet readiness, ensuring that fire apparatus remain in optimal condition with greater efficiency and reduced downtime.

The pay scale represents the same range as the Mechanic Lead in Public Works for internal equity, and

Establish the Job Class Specification and Pay Scale CONSENT CALENDAR of Fire Mechanic Lead May 20, 2025
the pay and minimum requirements are reflective of pay ranges of similar fire mechanic lead classifications in neighboring jurisdictions.

The new classification was approved by the Personnel Board at its meeting of April 7, 2025, by unanimous vote.

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

RATIONALE FOR RECOMMENDATION
The new classification of Fire Mechanic Lead is being established to reduce outsourcing costs, minimize operational disruptions, and allow fire personnel to focus on their primary emergency response duties.

ALTERNATIVE ACTIONS CONSIDERED
Continue outsourcing large vehicle repairs to specialized vendors and utilizing 0.5 FTE Fire Captain II to oversee repair processes.

CONTACT PERSON
Monica Walker, Interim Director of Human Resources, (510) 981-6818.

ATTACHMENTS

1. Resolution
Exhibit A: Fire Mechanic Lead – Proposed Job Class Specification and Pay Scale

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

ESTABLISH THE JOB CLASS SPECIFICATION AND PAY SCALE OF FIRE MECHANIC LEAD WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, job specifications are foundational components of the City’s Classification and Compensation plan; and
WHEREAS, the Human Resources Department developed job specifications for the classification with an hourly salary range of $51.0771 to $54.1740 and an annual salary range of $106,240 to $112,681; and WHEREAS, the job classification of Fire Mechanic Lead is established as an unrepresented classification; WHEREAS, the Personnel Board recommended on April 7, 2025, to adopt the new job specifications and pay range for the Fire Mechanic Lead classification; and WHEREAS, employees who work in the classification of Fire Mechanic Lead will be considered non- exempt under the Fair Labor Standards Act (FLSA).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the classification for Fire Mechanic Lead is established with a job specification and pay scale as shown in Exhibit A, effective May 20, 2025.

BE IT FURTHER RESOLVED that the Fire Mechanic Lead classification has an hourly pay scale of $51.0771 to $54.1740 over three (3) steps:

Step 3 Step 4 Step 5
$51.0771 $52.6214 $54.1740
Exhibit A:

Fire Mechanic Lead – Job Class Specifications and Pay Scale

Exhibit A: Job Class Specification
City of Berkeley
Fire Mechanic Lead

CLASS CODE
XXXX
SALARY
$51.08 - $54.17 Hourly
$4,086.17 - $4,333.92 Biweekly
$8,853.36 - $9,390.16 Monthly
$106,240.37 - $112,681.92 Annually
Definition
Under the general supervision of Fire Captain, Assistant Fire Chief or Deputy Fire Chief, the Fire Mechanic - Lead is responsible for performing advanced diagnostics, maintenance, and repair of all heavy fire apparatus within the Fire Department including ladder trucks, engines, and specialty units.

Ensures compliance with National Fire Protection Association (NFPA) and other applicable standards; manages shop inventory and requisitions parts; may direct a small crew as a working lead; and provides technical guidance and training to other mechanics and fire personnel. Performs related work as assigned.

Class Characteristics
This is a lead position in which incumbents direct, coordinate and perform the work in an equipment shop on an assigned shift, provide technical assistance to staff in the servicing of a wide variety of heavy fire vehicles and equipment and assist in evaluating the work of assigned personnel.

Examples of Duties
The following list of duties describes the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all-inclusive list.

1. Inspect, diagnose, repair and maintain all heavy fire apparatus components and equipment including diesel, gasoline and electric motors, fire pumps, relief valves, ball valves, primer pumps and power take‐offs, electric and hydraulic systems, steering mechanisms, lights, computerized ignitions, pneumatic systems, fuel delivery systems, air brakes, suspension, transmissions, and air compressors.

2. Install, maintain, diagnose and repair mechanical and electrical systems including replacing inoperative parts, checking and adjusting brakes, changing oil and filters, installing batteries, tires, and glass.

3. Conducts acceptance and annual service tests of engines, pumps and related equipment.

4. Diagnose and perform routine maintenance on breathing air compressor(s) and cascade systems including conducting necessary air sampling.

5. Reads and interprets technical manuals, plumbing and electrical schematics.

6. Cleans and maintains work area in an orderly manner; maintains shop tools in safe and proper working conditions.

7. Uses welder and other shop equipment to fabricate metal parts/equipment and repair broken parts.

8. Requisitions parts, tools, equipment, and materials needed for repair work.

9. Answers emergency calls to repair equipment in the event of an emergency incident or in cases of breakdown or accident. May assist with technical aspects of reports on major accidents.

Document and report all work utilizing the fire department and City computerized fleet management system.

10. Reviews vehicle and equipment needs of the Department; assists with drafting requirements and specifications formatted for the bidding and acquisition of vehicles and equipment. Corresponds and maintains liaison with equipment suppliers, inspects bids submitted, recommends acquisition, and ensures manufacturer's compliance.

11. Instructs others in proper equipment operation, maintenance and conducts training classes for other mechanics and fire personnel.

12. Schedules and directs the work of staff engaged in the overhaul, repair and maintenance of heavy fire apparatus.

13. Assists the Fire Captain, Assistant Fire Chief or Deputy Fire Chief with evaluation of employee performance of assigned personnel and instructs and provides for the training of staff in work methods, use of tools and equipment and relevant safety precautions.

14. Drives/operates a variety of fire department vehicles.

15. Operates a variety of standard office equipment such as a computer, copier or fax machine.

16. Perform related duties as assigned.

Knowledge and Abilities
Knowledge of:

1. Methods, techniques, and materials used in the maintenance and repair of fire apparatus and emergency vehicles.

2. Operation and maintenance of a wide variety of diagnostic tools and shop equipment.

3. NFPA standards related to fire apparatus maintenance and testing.

4. Technical schematics, diagnostic software, and computerized vehicle systems.

5. Preventative maintenance techniques for fire apparatus and emergency vehicles.

6. Welding and metal fabrication for vehicle components.

7. Safe work methods and safety regulations.

Skill in:

1. Independently diagnosing and repairing complex mechanical, hydraulic, pneumatic, and electrical issues.

2. Use of electronic diagnostic tools and software to analyze vehicle performance.

3. Training fire department personnel in apparatus operation, inspection, and maintenance.

4. Maintaining accurate maintenance logs and service records using fleet management software.

5. Interpreting technical schematics, electrical diagrams, and NFPA compliance documents.

6. Operating heavy shop equipment, including overhead cranes, hoists, and hydraulic presses.

7. Working effectively under emergency conditions and time constraints while ensuring safety.

8. Establishing and maintaining effective working relationships with those encountered in the course of the work.

Minimum Qualifications
At Time of Application:

1. Graduation from high school or equivalent.

2. Three years of experience maintaining and repairing heavy-duty vehicles, ideally including fire engines and aerial ladder trucks.

3. California Commercial Class B commercial driver’s license, or Class C with a firefighter endorsement license with air brake and tank endorsements.

By Completion of Probation:

1. Automotive Service Excellence (ASE) Certified Master Medium-Heavy Truck Technician.

2. Completion of specialized courses in fire apparatus maintenance and repair:
a. General:
i. Chassis Electrical - Understand the location and function of (non-multiplex) electrical systems and components used on Pierce® chassis. ii. Command Zone™ Systems - Get detailed instruction on the Pierce Command Zone™ electrical systems including the new Command Zone III. iii. Preventative Maintenance - Become an expert in preventive maintenance procedures required for fire apparatus based on NFPA and DOT Standards. iv. TAK-4® Suspension Maintenance - Learn the basic design and principles of the TAK-4® Independent Front Suspension system, including proper maintenance and repair.
v. SRP/Frontal Protection - Get expert instruction on the installation, repair, and troubleshooting of the SRP/FIP system.
vi. Air Conditioning Systems - Get the basics on repairs, troubleshooting and maintenance needs of Pierce installed components.
vii. Chassis Diagnosis - Evaluate drivability issues, including how to do advanced troubleshooting, perform failure analysis, determine the causes of chassis component failures and learn how to repair and prevent issues properly. viii. Air Brakes, ESC, ABS Troubleshooting - Learn basic air brake theory and proper repair and maintenance procedures on chassis air brake systems b. Pierce Type I/III Engine:
i. California Fire Mechanics Academy: CFM115-Fire Pumps & Accessories or SFT Equivalent
ii. CAFS/Husky Maintenance - Learn the principles of operation, maintenance, and repair of all the Pierce Husky™ Foam Systems and the Hercules™ Compressed Air Foam Systems (CAFS).
iii. Pierce PUC™ Pump Maintenance - Learn the basic principles of operation, maintenance and complete disassembly of the REPTO driven water pump and gearbox.
c. Pierce Aerial Ladder Truck:

i. Aerial Maintenance - Understand the proper repair and maintenance of Pierce aerial ladders and platforms.
ii. Ascendant® Class Aerial Maintenance - Learn proper repair and maintenance of Ascendant® Class Aerials, including the aerial electrical and hydraulic systems. iii. Advanced Aerial Maintenance - Get detailed information about advanced repair and maintenance of Pierce aerial systems.

OTHER REQUIREMENTS
Tools & Equipment Used
Diagnostic tools, hammers, screwdrivers, pry bars, wrenches, pliers, ratchets, sockets, electrical meters, code readers, drills, welding equipment, hydraulic lifts, overhead cranes, fleet management software, computers, and phones.

Physical Requirements
Frequent walking, standing, sitting, kneeling, squatting, twisting, and bending at the waist. Ability to hear automotive sounds, read fine print, and view a computer monitor. Sufficient strength and stamina to lift and install parts weighing up to 80 pounds. Manual dexterity for detailed mechanical work and computer use.

Working Conditions
Work is performed indoors and outdoors with exposure to hot and cold environments. Noise level ranges from moderate to high. Potential exposure to hazardous materials and emergency conditions.

Internal

OFFICE OF THE CITY MANAGER

CONSENT CALENDAR
May 20, 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: Revise the Personnel Rules and Regulations to Add Section 9.02.1 Promotion – Salary Step Placement

RECOMMENDATION
Adopt a Resolution revising the Personnel Rules and Regulations to add Section 9.02.1 Promotion – Salary Step Placement, which affords promotional placement on the step closest to the employee’s current earning rate that is at least 10% higher.

FISCAL IMPACT
The new rule would add approximately 5% fiscal impact to each promotion, representing the difference between the proposed practice of 10% and the current practice to place employees at the lowest step of the higher classification that is at least 5% above their current earning rate.

CURRENT SITUATION AND ITS EFFECTS
In an effort to maintain a uniform practice, while incentivizing employees to seek promotions, during negotiations with Local One, the City negotiated a proposal - subject to bargaining with other labor groups – to institutionalize a Personnel Rule that affords promotional placement on the step closest to the employee’s current earning rate that is at least 10% higher. The rule would not increase the top step of any classification and would not override any existing MOU provisions regarding promotional step placement.

BACKGROUND
In order to establish an equitable and uniform system for dealing with personnel practices embracing the merit system, the City of Berkeley adopted a personnel system to be administered in accordance with the provisions of the Charter of the City and pursuant to personnel rules adopted by resolution of the City Council.

Over the past year, stakeholders in the City have expressed different preferences with regard to promotional step placement. The City’s current practice is to place employees at the lowest step of the higher classification that is at least 5% above their current earning rate. This practice is not currently codified in the City’s Personnel Rules and Regulations.

In addition to codifying the rule, the City is proposing this approach because the need for consistency across departments, particularly with shared classifications (such as Office Specialist), is pronounced.

Without a uniform approach, promotional step placement could be swayed by the budgetary circumstances (e.g., availability of salary savings) of a given department or the generosity of a given hiring manager, creating inequity across the organization.

The proposed addition to the Personnel Rules and Regulations was considered by the Personnel Board at its meeting of April 7, 2025, and approved by unanimous vote.

Internal

Revise Personnel Rules and Regulations to Add CONSENT CALENDAR Section 9.02.1 Promotion – Salary Step Placement May 20, 2025

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

RATIONALE FOR RECOMMENDATION
Codifying the rule for promotional step placement in the Personnel Rules and Regulations will ensure consistent application of promotional step placement throughout the City.

ALTERNATIVE ACTIONS CONSIDERED
Maintain current longstanding practice of placing employees at the lowest step of the higher classification that is at least 5% above their current earning rate without codification of the rule in the Personnel Rules and Regulations.

CONTACT PERSON
Monica Walker, Interim Director of Human Resources, (510) 981-6818.

ATTACHMENTS

1. Resolution
Exhibit A: Proposed Amendment to Personnel Rules and Regulations, Section 9.02.1 Promotion – Salary Step Placement

Internal

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

REVISE PERSONNEL RULES AND REGULATIONS TO ADD
SECTION 9.02.1 PROMOTION – SALARY STEP PLACEMENT
WHEREAS, in order to establish an equitable and uniform system for dealing with personnel practices embracing the merit system, the City of Berkeley adopted a personnel system to be administered in accordance with the provisions of the Charter of the City and pursuant to personnel rules adopted by resolution of the City Council; and
WHEREAS, the Human Resources Department maintains the Personnel Rules and Regulations for the City of Berkeley; and
WHEREAS, the City’s current practice is to place employees at the lowest step of the higher classification that is at least 5% above their current earning rate; however, this practice is not currently codified in the City’s Personnel Rules and Regulations; and
WHEREAS, the City is proposing the addition of Section 9.02.1 Promotion – Salary Step Placement which affords promotional placement on the step closest to the employee’s current earning rate that is at least 10% higher; and
WHEREAS, the City is proposing this approach because the need for consistency across departments, particularly with shared classifications, is pronounced. Without such a uniform approach, promotional step placement would be swayed by the budgetary circumstances of a given department or the generosity of a given hiring manager, creating inequity across the City; and WHEREAS, the Personnel Board recommended on April 7, 2025, to revise the Personnel Rules and Regulations to add Section 9.02.1 Promotion – Salary Step Placement.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Personnel Rules and Regulations, Section 9.02.1 Promotion – Salary Step Placement as shown in Exhibit A, be added to the Personnel Rules and Regulations, with authority for staff to make non-substantive changes throughout the Personnel Rules and Regulations as necessary to ensure consistency with the newly adopted rule.

BE IF FURTHER RESOLVED that the new rule will be effective for promotions on or after the pay period beginning May 25, 2025.

Exhibit A:

Personnel Rules and Regulations, Section 9.02.1 Promotion – Salary Step Placement

Internal

Exhibit A:

Personnel Rules and Regulations, Section 9.02.1 Promotion – Salary Step Placement

Internal

OFFICE OF THE CITY MANAGER

CONSENT CALENDAR
May 20, 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: Revise SEIU-MC MOU Section 17.13 Special Class Commercial Driver’s License Premium to Apply 5% to Employees on Out-of-Class Lists for Tractor Trailer Driver and Construction Equipment Operator

RECOMMENDATION
Adopt a Resolution revising the Service Employees International Union (SEIU) Local 1021, Maintenance and Clerical (“Union”) Memorandum of Understanding Section 17.13 Special Class Commercial Driver’s License Premium to apply 5% differential to employees who maintain a Class A driver’s license and are approved to serve on out-of-class lists for Tractor Trailer Driver and Construction Equipment Operator.

FISCAL IMPACT
The revision would add 2% pay to 16 current drivers across both out-of-class lists, for an approximate amount of $31,482 annually at current base pay rates, funded mainly from Enterprise Funds.

CURRENT SITUATION AND ITS EFFECTS
Employees who qualify and have approval to serve in an out-of-class capacity are needed operationally as a reserve crew to cover illnesses, leaves, and other absences of employees in the career classifications. The proposed wording in the MOU seeks to clarify how those who serve on the out-of- class list will receive the differential. The City’s recommendation is that the 5% differential should also be applied to those who qualify and have approval to serve on the out-of-class list, with the rationale that reserve crews must also maintain Class A licenses in the same manner as those in the career classification.

BACKGROUND
In previous agreements with the Union, employees required to possess and maintain a valid California Class B driver’s license as a condition of employment received a 3% differential. During the most recent round of labor negotiations with the Union in 2024, the City agreed to pay an extra 2% differential (for a total of 5%) to employees required to possess and maintain a Class A commercial driver’s license and assigned to drive a tractor-trailer vehicle or serving in the classification of Construction Equipment Operator.

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

RATIONALE FOR RECOMMENDATION
Employees who qualify and have approval to serve in an out-of-class capacity are needed operationally to cover illnesses, leaves, and other absences of employees in the career classification and must also maintain Class A licenses in the same manner as those in the career classification.

Internal

Revise SEIU-MC MOU Section 17.13 Special Class Commercial CONSENT CALENDAR Driver’s License Premium to Apply 5% Differential to Employees May 20, 2025 Who Maintain a Class A Driver’s License and are
on Out-of-Class Lists for Tractor Trailer Driver
and Construction Equipment Operator

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Monica Walker, Interim Director of Human Resources, (510) 981-6818.

ATTACHMENTS

1. Resolution
Exhibit A: Side Letter

Internal

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

REVISE SEIU-MC MOU SECTION 17.13 SPECIAL CLASS COMMERCIAL DRIVER’S LICENSE PREMIUM TO APPLY 5% DIFFERENTIAL FOR CLASS A DRIVERS ON OUT-OF-CLASS LISTS FOR

TRACTOR TRAILER DRIVER AND CONSTRUCTION EQUIPMENT OPERATOR WHEREAS, employees required to possess and maintain a valid California Class B driver’s license as a condition of employment received a 3% differential; and WHEREAS, during the most recent round of labor negotiations with the Union in 2024, the City agreed to pay an extra 2% differential (for a total of 5%) to employees required to possess and maintain a Class A commercial driver’s license and assigned to drive a tractor-trailer vehicle or serving in the classification of Construction Equipment Operator; and
WHEREAS, employees who qualify and have approval to serve in an out-of-class capacity are needed operationally as a reserve crew to cover illnesses, leaves, and other absences of employees in the career classification; and
WHEREAS, employees on the out-of-class lists are required to maintain a Class A license in the same manner as those in the career classification; and
WHEREAS, the proposed wording seeks to clarify how those who serve on the out-of-class list will receive the differential; and
WHEREAS, the City’s recommendation is that the 5% differential should also be applied to those who qualify and are approved to serve on the out-of-class lists for Tractor Trailer Driver or Construction Equipment Operator, with that rationale that reserve crews are needed for coverage at all times, and those individuals are required to maintain a Class A license in the same manner as those in the career classification.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that employees with approval to serve on the out-of-class list for Tractor Trailer Driver or Construction Equipment Operator, who maintain a Class A license, shall receive a 5% differential retroactive to the pay period beginning February 2, 2025.

BE IF FURTHER RESOLVED that the Service Employees International Union (SEIU) Local 1021, Maintenance and Clerical (“Union”) Memorandum of Understanding Section 17.13 Special Class Commercial Driver’s License Premium be revised to apply the 5% differential to employees who maintain a Class A driver’s license and are approved to serve on out-of-class lists for Tractor Trailer Driver and Construction Equipment Operator.

Exhibit A:

Side Letter

Internal

Exhibit A:

Side Letter

SIDE LETTER AGREEMENT

BETWEEN THE CITY OF BERKELEY AND
SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021 The parties to this Side Letter Agreement are the City of Berkeley (the “City”) and Service Employees International Union (SEIU) Local 1021, Maintenance (the “Union”), regarding the above referenced matter.

The agreement is as follows:

17.13 Special Class Commercial Driver’s License Premium Employees required to possess and maintain a valid California Class B Commercial Driver’s License as a condition of employment shall receive a three percent (3%) differential to base pay.

Employees assigned by the department to drive a tractor trailer vehicle serving in the classification (or with approval to serve on the out-of-class list) for Tractor Trailer Driver or serving in the classification of Construction Equipment Operator, shall receive a five percent (5%) differential to base pay if they are required to possess and maintain a valid California Class A Commercial Driver’s License as a condition of employment. The maximum number of employees placed on the out-of-class list for classification of Tractor Trailer Driver is ten (10) employees (the current out-of-class assignment list is at 13 employees, no new employees will be added to the out-of-class list until the total number drops to below 10, and the maximum number will then stay at 10). The maximum number of employees placed on the out-of-class list for Construction Equipment Operator is five (5) employees. The maximum differential shall not exceed 5% for each employee. The differential is effective at the beginning of the full pay period after which employees obtain or possess a commercial license. This differential shall be reported to CalPERS as Special Class Driver’s License Pay. However, any hours worked on overtime are excluded from CalPERS reported “compensation earnable” in California Government Code Section 20635.

The agreement is retroactively effective to the pay period beginning February 2, 2025.

This Agreement does not establish a precedent, nor does it interpret any employee rights under the language of the Labor Agreements, the Personnel Rules and Regulations, or any applicable policies and procedures of the Public Works or the City of Berkeley, except as expressly stated herein.

This Agreement memorializes and constitutes the entire understanding between the parties as to all matters referred to or included herein and supersedes and replaces all prior negotiations, proposed discussion, whether written or oral.

WHEREFORE, the parties by and through their authorized agents and representatives agree to the terms of this Side Letter Agreement, contingent upon the adoption or ratification of this Agreement by the City Council of the City of Berkeley.

Internal

AGREED TO FOR THE CITY
_________________________
Paul Buddenhagen
City Manager

AGREED TO FOR THE UNION
__________________________
Danny Walker
Service Employees International Union (SEIU)
Local 1021, Maintenance
___________________________
Nathan Hansford
Service Employees International Union (SEIU)
Local 1021, East Bay Supervisor

APPROVED AS TO FORM
________________________
Farimah Faiz Brown
City Attorney

OFFICE OF THE CITY MANAGER

CONSENT CALENDAR
May 20, 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: Revise Unrepresented Manual Section 13.19 to Add 5% Differential to Program Manager I Assigned to City Manager’s Office

RECOMMENDATION
Adopt a Resolution amending the Unrepresented Employee Manual to add a 5% salary differential to Program Manager I positions assigned to the City Manager’s Office.

FISCAL IMPACTS OF RECOMMENDATION
The change will result in a 5% increase to the base salary of each Project Manager I position assigned to the City Manager’s Office.

CURRENT SITUATION AND ITS EFFECTS
Select classifications qualify for a 5% salary differential when the position is assigned to the City Manager’s Office (CMO) rather than to a department, since the CMO assignment involves oversight of programs and services that have Citywide reach and are broader in scope than department-level programs and services. The recommendation to add Program Manager I to the list of classifications eligible for the 5% differential seeks to create parity within the CMO. The City seeks to include Program Manager I in the list of classifications assigned to the City Manager’s Office who receive a 5% salary differential, as outlined in the Unrepresented Employee Manual.

BACKGROUND
The Unrepresented Employee Manual Section 13.19, City Manager Department Differential, states, “Assistant, Associate, Senior Management Analysts, Communication Specialists, Program Managers II, Office Specialists III, and Accounting Office Specialists III in the City Manager's Department and in the Office of Budget and Fiscal Management shall receive a 5% salary differential.” To create parity among unrepresented staff in the City Manager’s Office, staff recommend that the Program Manager I also be added to the list. Program Manager I staff assigned to the City Manager’s Office provide training, support, strategic program design, and project management services citywide, similar to other positions assigned to the City Manager’s Office. At its meeting of February 11, 2025, the City Council added the Program Manager II classification to this list.

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

CONSENT CALENDAR
May 20, 2025

RATIONALE FOR RECOMMENDATION
This recommendation ensures parity among classifications assigned to the City Manager’s Office and ensures that Program Managers I assigned to the CMO are recognized for the Citywide breadth of their work.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Monica Walker, Interim Director of Human Resources, (510) 981-6818.

ATTACHMENTS

1. Resolution
Exhibit A: Unrepresented Manual, Section 13.19, City Manager Department Differential

Revise Unrepresented Manual Section 13.19
to Add 5% Differential to Program Manager I
Assigned to City Manager’s Office

May 20, 2025
RESOLUTION NO. ##,###-N.S.

REVISED UNREPRESENTED MANUAL SECTION 13.19 TO ADD 5% DIFFERENTIAL TO PROGRAM MANAGER I CLASSIFICATION WHEN ASSIGNED TO THE CITY MANAGER’S OFFICE WHEREAS, Section 13.19 of the Unrepresented Employee Manual provides for a 5% salary differential for select classifications when they are assigned to the City Manager’s Office (CMO) to recognize the Citywide breadth of their duties; and
WHEREAS, Program Manager I positions in the CMO involve oversight of programs that have Citywide reach and are broader in scope than department-level programs; and WHEREAS, by resolution adopted on February 11, 2025, the City Council added the Program Manager II classification to the list of classifications eligible for the 5% differential set forth by Section 13.19 of the Unrepresented Employee Manual; and
WHEREAS, adding the Program Manager I classification to the list of classifications eligible for the 5% differential articulated in Section 13.19 of the Unrepresented Employee Manual would promote parity within classifications assigned to the CMO; and
WHEREAS, the proposed revisions were considered by the Personnel Board at its meeting of April 7, 2025, and approved by unanimous vote.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Program Manager I classification shall be eligible for a 5% differential when the position is assigned to the City Manager’s Office; and
BE IT FURTHER RESOLVED that Section 13.19 of the Unrepresented Employee Manual be revised to add Program Manager I to the list of classifications eligible for a 5% differential when assigned to the City Manager’s Office.

Exhibit A:

Unrepresented Manual, Section 13.19,
City Manager Department Differential

Revise Unrepresented Manual Section 13.19
to Add 5% Differential to Program Manager I
Assigned to City Manager’s Office

CONSENT CALENDAR

May 20, 2025

13.19 City Manager Department Differential Assistant, Associate, Senior Management Analysts, Communication Specialists, Program Managers I and II, Office Specialists III, and Accounting Office Specialists III in the City Manager's Department and in the Office of Budget and Fiscal Management shall receive a 5% salary differential.

Revise Unrepresented Manual Section 13.19
to Add 5% Differential to Program Manager I
Assigned to City Manager’s Office
Exhibit A:

Unrepresented Manual, Section 13.19, City Manager Department Differential

CONSENT

CALENDAR

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

CONSENT CALENDAR
May 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract Amendment No. 10789: AMS.NET for Network Hardware, Installation and Professional Support services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 10789 with AMS.NET, Inc. for network support of hardware, installation and professional services, for an additional $300,000 for a total not to exceed amount of $1,270,778.14 from July 1, 2017 to June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funding for network hardware, installation and professional services in the amount of $300,000, is allocated for Fiscal Year (FY) 2025-2026 in the Department of Information Technology’s IT Cost Allocation funds as outlined below. Future expenditures are subject to Council approval of the proposed citywide budget and annual appropriations ordinances.

Hardware and Installation
Budget Code: 680-35-363-384-6005-000-472-632130- $210,000 (IT Cost Allocation, IT Department, Maintenance)
Professional Services
Budget Code: 680-35-363-380-0000-000-412-612990 $90,000 (IT Cost Allocation, IT Department, Professional Services) Total FY 2025-2026: Hardware, Installation and Professional Services $300,000

CURRENT SITUATION AND ITS EFFECTS
The City’s current network infrastructure comprises over 150 switches, routers, and firewalls providing access to network resources across the city’s 42 locations. AMS.NET

Internal
Contract Amendment: AMS.Net

CONSENT CALENDAR
May 20, 2025

provides skilled and certified engineers to augment staff in the maintenance of hardware, software and support of the city’s entire network infrastructure. The following are a few examples of such high-profile requirements for FY25/26:
 The City needs to upgrade its network hardware infrastructure as it is approaching its supported lifespan. Newer equipment also has the benefit of improved performance and enhanced security features, ensuring compatibility with modern security solutions such as Network Access Control (NAC).  The Berkeley Fire Department is acquiring a new Fire Administration Building, which will require new equipment for the IT infrastructure. This infrastructure equipment will serve as the backbone for connectivity.
 The 1947 Center Street building requires upgrades, as the existing fiber infrastructure is insufficient to support staff network needs. Upgrading the fiber within the building will improve access to critical city services, enhancing connectivity and overall performance.

This request aligns with the City’s strategic goal to “Provide state-of-the-art, well- maintained infrastructure, amenities, and facilities”.

BACKGROUND
On July 11, 2017, Council approved a contract with AMS.NET for network equipment, support and professional services. Since then, AMS.NET has provided excellent technical expertise to assist staff in maintaining the City’s network infrastructure. AMS.NET offers Cisco networking communications products (used throughout the city) through a competitively bid contract with the National Association of State Procurement Officials (NASPO, formerly the Western States Contracting Alliance, or WSCA).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
A fast, secure, and reliable network allows for more collaborative work to be accomplished between City facilities, and provides the backbone infrastructure that supports the City’s online services, including the increased use of virtual meetings and videoconferencing, thereby reducing greenhouse gas emissions resulting from travel to and from City facilities.

RATIONALE FOR RECOMMENDATION
Staff recommend partnering with AMS.NET based on their 30+ year track record of highly successful network services for local government agencies and its history of providing excellent technical expertise and customer service to the City of Berkeley. Network equipment, hardware and software maintenance from Cisco is purchased and maintained through resellers and AMS.NET has been providing this support to the City of Berkeley since 2017.

Internal
Contract Amendment: AMS.Net

CONSENT CALENDAR
May 20, 2025

ALTERNATIVE ACTIONS CONSIDERED
Staff considered performing the work internally, however, these upgrades and projects require advanced technical expertise and support that AMS.NET can better provide. The City’s investment in modernized business systems must be supported by an infrastructure that allows it to operate most efficiently. The combination of AMS.NET’s years of expertise, coupled with their familiarity with the City’s network lead staff to recommend continuing the existing support relationship.

CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6541 Attachments:
1: Resolution

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

CONTRACT AMENDMENT: AMS.NET FOR NETWORK SUPPORT AND

MAINTENANCE
WHEREAS, a reliable network infrastructure is necessary to provide city services to the Berkeley community; and
WHEREAS, the City Council authorized Contract No. 10789 with AMS.NET on July 11, 2017 (Resolution No. 68,080–N.S.), for network equipment and maintenance; and WHEREAS, AMS.NET is a reputable company that has provided the City of Berkeley with excellent technical expertise and customer service since 2017; and WHEREAS, funding for network hardware, installation and professional services in the amount of $300,000, is allocated for Fiscal Year (FY) 2025-2026 in the Department of Information Technology’s IT Cost Allocation; and
WHEREAS, the City’s current network infrastructure comprises over 150 switches, routers, and firewalls providing access to network resources across the city’s 42 locations; and
WHEREAS, AMS.NET provides skilled and certified engineers to augment staff in the maintenance of hardware, software and support of the city’s entire network infrastructure; and
WHEREAS, the City is engaging in several large-scale infrastructure projects for FY25/26 including upgrading out-of-support hardware, setting up the new Fire Administration Building and upgrading fiber at 1947 Center Street.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 10789 with AMS.NET, Inc. for network support, maintenance and professional services for an additional $300,000 for a total not to exceed of $1,270,778.14 from July 1, 2017 to June 30, 2026.

Internal
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 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 084534-1 Amendment: NextGen Health Care Information Systems Inc. for Electronic Health Records

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 084534-1 with NextGen Healthcare Information Systems, Inc. (“NextGen”), increasing the amount by $191,136 for a total contract value not to exceed $1,010,472.20 and extending the term from September 30, 2010 through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funds for additional professional services and software maintenance, in the amount of $191,136, will be available in the Department of Health, Housing, and Community Services’ FY2025 and FY2026 Realignment Fund budget as itemized below, and this contract amendment has been entered into the Citywide contract database and assigned contract number 084534-1. Spending for this contract in future fiscal years will be subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

FY 2025: Professional Services
Budget Code: 156-51-506-555-0000-000-451-612990--$98,675 (Realignment Fund, HHCS, Professional Services) FY 2025: Software Maintenance
Budget Code: 156-51-506-555-0000-000-451-613130$42,959
(Realignment Fund, HHCS, Software Maintenance)
$141,634 FY 2025 Subtotal: Professional Services and Software Maintenance FY 2026: Software Maintenance
Budget Code: 156-51-506-555-0000-000-451-613130$49,502
(Realignment Fund, HHCS, Software Maintenance)
$49,502 FY 2026: Subtotal: Professional Services and Software Maintenance

Internal
Contract No. 084534-1 Amendment: NextGen CONSENT CALENDAR May 20, 2025

$141,634 FY 2025 Subtotal: Professional Services and Software Maintenance $49,502 FY 2026 Subtotal: Software Maintenance
$191,136 FY25-FY26 Total: Professional Services and Software Maintenance

CURRENT SITUATION AND ITS EFFECTS
The Public Health Division utilizes the HIPAA-compliant NextGen Practice Management (“PM”) and Electronic Health Record (“EHR") System to manage secure patient health information and to streamline related business processes, including integrated electronic claiming and remittance files. It satisfies the requirements for achieving EHR Meaningful Use measures, and sets the stage to qualify for further American Recovery and Reinvestment Act (ARRA) incentive dollars through the State. This software is critical to the effective operations of the Berkeley High School (“BHS”) Health center and requires an extension of maintenance and support. Staff seek spending authority with NextGen for an additional year.

The NextGen PM and EHR software align with the City’s Strategic Plan Priority Projects, advancing the City’s goal to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.

BACKGROUND
In September 2010, City Council approved a contract with NextGen to implement the PM and EHR system.

On June 28, 2011, Council approved a contract amendment with NextGen for data conversion and additional training and implementation support.

In August 2011, the City implemented the NextGen Practice Management (PM) Module, including electronic billing, at three Berkeley Public Health Clinics.

In June 2013, the City implemented NextGen’s Electronic Health Record (EHR).

On July 2, 2013, Council approved a contract amendment with NextGen for an Immunization Registry interface, for additional software licensing, and for three additional years of maintenance services (through FY 2016).

On July 14, 2015, City Council approved a contract amendment with NextGen for the Patient Portal and for two additional years of software licensing and maintenance services (through FY 2018).

On June 26, 2018, City Council approved a contract amendment with NextGen for two additional years of software licensing and maintenance services.

On February 23, 2021, City Council approved a contract amendment with NextGen for two additional years of software licensing and maintenance services.

Internal
Contract No. 084534-1 Amendment: NextGen CONSENT CALENDAR May 20, 2025

On September 13, 2022, City Council approved a contract amendment with NextGen for two additional years of software licensing and maintenance services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The system replaces paper-based processes with secure online tools, which reduces paper consumption, mailings, and the need for public health patients to travel to clinics for routine information. In addition, the system supports electronic data exchange with other healthcare providers and produces electronic data for claims and grant reporting.

The system operates on a virtual infrastructure thus reducing the City’s carbon footprint.

RATIONALE FOR RECOMMENDATION
NextGen is the current system being used by city staff. The system supports clinics in compliance with the Health Insurance Portability and Accountability Act (“HIPAA”), which outlines the privacy and security standards for health patient information. Staff recommend maintaining support with NextGen services for updates, patches and technical support.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered implementing and maintaining the PM and EHR system without vendor services, however, the risk of maintaining such a complex application without specialized support is too great, especially given the impact on public health and BHS Health Center services and workflow.

CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6541 Attachments:
1: Resolution

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

CONTRACT NO. 084534-1 AMENDMENT: NEXTGEN HEALTH CARE
INFORMATION SYSTEMS INC. (“NEXTGEN”) FOR ELECTRONIC HEALTH

RECORDS
WHEREAS, the NextGen Practice Management (“PM”) and Electronic Health Record (“EHR”) System has provided a reliable and HIPAA-compliant system for collecting health patient information; and
WHEREAS, the NextGen PM and EHR system has improved the efficiency of public health clinic operations and resulted in increased revenue; and WHEREAS, the NextGen PM and EHR system is a CMS-certified Electronic Health Record technology, meets the requirements for achieving EHR Meaningful Use measures; and
WHEREAS, a software maintenance and support agreement with NextGen is necessary for system updates; and
WHEREAS, additional funding in the amount of $191,136 is available in the Department of Health, Housing, and Community Services’ FY2025 and 2026 Realignment Fund budget, and this contract amendment has been entered into the Citywide contract database and assigned contract number 084534-1, and spending for this contract in future fiscal years will be subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

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. 084534-1 with NextGen, increasing the amount by $191,136 for a total contract value not to exceed $1,010,472.20 and extend the term from September 30, 2010 through June 30, 2026.

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 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Protiviti Government Services Inc (“Protiviti”): Using General Services Administration (“GSA”) Vehicle for Professional Services Purchase Orders

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to issue purchase orders with Protiviti for the procurement of professional services using the GSA purchasing vehicle no. GS- 35F-0280X for an amount not to exceed $900,000 through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
One-time funding for this project is available in the Department of Information Technology’s (“IT”) Fiscal Year (FY) 2025 and FY 2026 General Fund allocation as itemized below.
$450,000 FY 2025: Professional Services
FY 2025 Budget Code: 011-35-363-382-0000-000-472-612990- (General Fund, IT Department, Professional Services)
$450,000 FY 2026: Professional Services
FY 2026 Budget Code: 011-35-363-382-0000-000-472-612990- (General Fund, IT Department, Professional Services)
$900,000 Total Professional Services

CURRENT SITUATION AND ITS EFFECTS
IT is responsible for managing the City’s network and server infrastructure, cybersecurity, and enterprise applications. To effectively support and secure these critical systems, IT requires access to highly specialized expertise. To address gaps in knowledge or resource availability, IT partners with Protiviti.

In recent years, IT has faced ongoing challenges in recruiting and retaining qualified staff to maintain essential technology services. This inconsistency in staffing poses a significant risk to network uptime and overall system stability. Protiviti has consistently provided skilled resources to help IT “fill the gaps” as needed, ensuring continuity and reliability of network operations.

Protiviti Government Services: Using GSA Vehicle for Professional Services CONSENT CALENDAR May 20, 2025

IT leverages purchasing vehicles such as the GSA Master Award Schedules (“MAS”).

These pre-negotiated contracts allow local governments to access competitively priced products and services, benefiting from volume discounts secured through GSA’s competitive bid process.

Through this council report, staff are requesting additional spending authority with Protiviti for specialized professional services through fiscal year 2026. This effort directly supports the City’s strategic goal to, “Create a resilient, safe, connected, and prepared City.”

BACKGROUND
In 2019, IT first engaged Protiviti to support cybersecurity initiatives. In 2022, amid the COVID-19 pandemic and widespread staffing shortages, IT required additional network and systems support. Protiviti responded swiftly, providing high-quality resources that enabled IT to transition the City effectively to a hybrid work environment. Since then, IT has continued to successfully leverage Protiviti’s expertise for network and enterprise support whenever specialized skills or supplemental resources are needed.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Protiviti will conduct their work remotely thus reducing greenhouse gas emissions from travel to and from city facilities.

RATIONALE FOR RECOMMENDATION
The City is currently using Protiviti under multiple GSA vehicles across several departments for specific professional services engagements. Protiviti works with Robert Half International to immediately source analysts with the skillset and experience required to support the City’s critical network and system infrastructure.

Additionally, staff determined that not using Protiviti puts operational support in jeopardy for key enterprise systems.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered hiring additional internal staff to fulfill the highly specialized skillset IT seeks, however, given the current budget constraints of the City, coupled with the deep technical expertise and knowledge required, staff recommend continuing to partner with Protiviti.

CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6541 Attachments:
1: Resolution

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

PROTIVITI GOVERNMENT SERVICES (“PROTIVITI”): USING GENERAL SERVICES ADMINISTRATION (“GSA”) VEHICLE FOR PROFESSIONAL SERVICES PURCHASE ORDERS
WHEREAS, the City has critical network and systems infrastructure that requires a high- level, specialized skillset; and
WHEREAS, Protiviti has the expertise in operations and implementations of complex projects, and provides well qualified analysts; and
WHEREAS, the City regularly participates in purchasing vehicles, or Master Award Schedules (“MAS”) negotiated by GSA, who negotiates long term competitively bid contracts for prices on supplies, products, and services with suppliers on behalf of government agencies, including local government, that ensure volume discount pricing; and
WHEREAS, one-time funding for this project is available in the Department of Information Technology’s Fiscal Year (FY) 2025 and FY 2026 cost allocation fund, and spending for this contract in future fiscal years will be subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to issue purchase orders with Protiviti to procure professional services using GSA purchasing vehicle no. GS-35F-0280X for an amount not to exceed $900,000 through June 30, 2026.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 • Tel: 510.981.6700 • TDD: 510.981.6903 • Fax: 510.981.6710 E-mail: [email protected] Website : http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
May 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Purchase Order: Operation Pride for tennis programs and tournaments

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a purchase order and any amendments with Operation Pride to provide youth and adult tennis programs and tournaments for a total amount not to exceed $150,000 through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funds for these services are generated directly from Operation Pride’s program and tournament revenues. The City registers participants, collects the revenue, and provides facilities, then pays Operation Pride from the revenue collected to cover their services. The amount of actual expenditures will vary from year to year depending on the number of participants enrolled in the program. Funding is available in the FY25 and FY26 Camps Fund budget, and additional amounts will be requested through the Annual Appropriations process as needed.

CURRENT SITUATION AND ITS EFFECTS
Operation Pride runs twenty to twenty-five USTA-sanctioned tennis tournaments annually in addition to year-round tennis programs at City facilities, serving thousands of participants per year. The City registers program participants and collects fees through its registration software platform, and then pays Operation Pride a percentage of the tournament revenues for their services on a regular basis. The number of participants has grown each year for these fee classes/programs and additional purchasing authority is needed to continue this service for a growing number of Berkeley residents.

BACKGROUND
The City has partnered with Operation Pride for over two decades to offer tennis programs and tournaments to Berkeley residents. Community members learn tennis skills and compete in tournaments at a variety of skill levels.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Operation Pride provides a sustainable model for the afterschool program and tournaments by re-using tennis balls and tournament materials. Additionally, Operation Pride is based

Purchase order: Operation Pride for tennis programs and tournaments CONSENT CALENDAR May 20, 2025

locally which reduces the miles driven and vehicle carbon emissions generated by program participants.

RATIONALE FOR RECOMMENDATION
The City of Berkeley Parks Recreation and Waterfront Department staff does not have the skill or capacity to offer high quality tennis programming. Contracting for these services with Operation Pride provides a high quality service that meets community needs.

Alternative Actions Considered
None

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront Department, 981-6700 Stephanie Chu, Recreation and Youth Services Manager, 981-6700 Justin Pitcher, Recreation Program Supervisor, 981-5123 Attachments:
1: Resolution

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

PURCHASE ORDER: OPERATION PRIDE TENNIS PROGRAMS AND TOURNAMENTS WHEREAS, Operation Pride runs twenty to twenty-five USTA-sanctioned tennis tournaments annually in addition to year-round tennis programs at City facilities, serving thousands of participants; and
WHEREAS, the City registers program participants and collects fees through its registration software platform, and then pays Operation Pride a percentage of the tournament revenues for its services on a regular basis; and
WHEREAS, the number of participants has grown each year for these fee classes/ programs and additional purchasing authority is needed to continue this service for a growing number of Berkeley residents.

WHEREAS, FY25 and FY26 funds are available in the Playground Camp Fund (fund 125) to cover this contract, and additional amounts will be requested during the annual appropriations process as needed.

NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order and any amendments with Operation Pride to provide youth and adult tennis programs and tournaments for a total amount not to exceed $150,000 through June 30, 2026. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 • Tel: 510.981.6700 • TDD: 510.981.6903 • Fax: 510.981.6710 E-mail: [email protected] Website : http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
May 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Purchase Order: Samuel Kidane dba Life Long Tennis Academy

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a purchase order and any amendments with Samuel Kidane dba Life Long Tennis Academy to provide youth and adult tennis services for the City of Berkeley for a total amount not to exceed $270,000 through June 20, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funds for these services are generated directly from Life Long Tennis Academy program revenues. The City registers participants, collects the revenue, and provides facilities, then pays Life Long Tennis Academy from the revenue collected for their services. The amount of actual expenditures will vary from year to year depending on the number of participants enrolled in the program. Funding is available in the FY25 and FY26 Camps Fund budget, and additional amounts will be requested through the Annual Appropriations process as needed.

CURRENT SITUATION AND ITS EFFECTS
Life Long Tennis Academy runs 15-20 monthly tennis classes for hundreds of youth and adults at various City locations. The City registers participants for programs through its registration software platform and then pays Life Long Tennis a percentage of the revenue for their services on a regular basis. The number of participants has grown each year and additional purchasing authority is needed to provide these fee classes/programs for a growing number of Berkeley residents.

BACKGROUND
The City has collaborated with Life Long Tennis Academy for over five years to offer tennis programs to Berkeley residents. Community members learn tennis skills and compete in tournaments at a variety of skill levels.

Purchase Order: Samuel Kidane dba Life Long Tennis Academy CONSENT CALENDAR May 20, 2025

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Life Long Tennis Academy provides a sustainable model for their programs by re-using tennis balls and materials. Additionally, Life Long Tennis Academy is based locally which reduces the miles driven and vehicle carbon emissions produced by program participants.

RATIONALE FOR RECOMMENDATION
The City of Berkeley Parks Recreation and Waterfront Department staff does not have the skill or capacity to offer high quality tennis programming. Contracting for these services with Life Long Tennis Academy provides a high quality service that meets community needs.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront Department, 981-6700 Justin Pitcher, Recreation Program Supervisor, 510-981-5123 Attachments:
1: Resolution

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

PURCHASE ORDER: LIFE LONG TENNIS ACADEMY
WHEREAS, Life Long Tennis Academy runs 15-20 monthly tennis classes for youth and adults at City locations; and
WHEREAS, the City registers program participants and collects fees through its registration software platform, and then pays Life Long Tennis Academy a percentage of the tournament revenues for its services on a regular basis; and WHEREAS, the number of participants has grown each year for these fee classes/programs and additional purchasing authority is needed to continue this service for a growing number of Berkeley residents.

WHEREAS, FY25 and FY26 funds are available in the Playground Camp Fund (fund 125) to cover this contract, and additional amounts will be requested during the annual appropriations process as needed.

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 Samuel Kidane dba Life Long Tennis Academy to provide youth and adult tennis services and tournaments for a total amount not to exceed $270,000 through June 30, 2026. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
May 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract No. 32400029 Amendment: Baldoni Construction Services, Inc. for Echo Lake Camp Accessibility Upgrades

RECOMMENDATION
Adopt a Resolution increasing the not to exceed amount for Contract No. 32400029 with Baldoni Construction Service, Inc. for the Echo Lake Camp Accessibility Upgrades Project by $60,000 for an amended total amount not to exceed $616,953.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the $60,000 amendment is available in the FY2025 General Fund (Fund 011) budget. No other funding is required, and no other projects will be delayed due to this expenditure.

CURRENT SITUATION AND ITS EFFECTS
On May 23, 2023, City Council authorized a not-to-exceed total for the Baldoni Construction Service, Inc. contract for the Echo Lake Camp Accessibility Upgrades of $436,954 which included a 20% contingency (Resolution No. 70,855-N.S.). The contract with Baldoni Construction Service, Inc. was executed on August 28, 2023 for an amount of $364,128. On September 10, 2024, City Council authorized an increased not-to-exceed total for the Baldoni Construction Service, Inc. contract of $556,953 (Resolution No. 71,500-N.S.). Two contract amendments have been executed to date to address unanticipated existing conditions and conflicts and emergency work, resulting in a current total contract value of $552,862. In April, 2025, the need to address asphalt failure at the Echo Lake sports court due to root intrusion was identified. Because the scope of additional work is similar to the work Baldoni is currently completing for the City, the City proposes to complete this additional work via change order with Baldoni Construction, Inc. The contract authority needs to be increased by $60,000 to allow this work to proceed.

BACKGROUND
The Echo Lake Camp Accessibility Upgrade Project was advertised for bids on March 6, 2023, and bids were opened on Tuesday, April 19, 2023. The City received three bids.

Baldoni Construction was the lowest responsive and responsible bidder. Staff conducted reference checks and received satisfactory feedback, and recommended that a contract for this project be awarded to Baldoni Construction. The contract was

Contract: Baldoni Construction CONSENT CALENDAR
Echo Lake Camp Accessibility Upgrade Project May 20, 2025

executed on August 28, 2023, and work began in September, 2023. Baldoni has completed the accessible pathway improvements, however unanticipated conditions required a revision to the original approach to provide accessible parking. During 2023- 2024, the City developed an alternative accessible parking approach. Change Order #1, reflecting the changed approach to accessible parking, was completed in June, 2024. The pathway installation was completed in Fall, 2024.

Berkeley Tuolumne Camp reconstruction was completed in 2022. Throughout the Camp, the City used pervious geo-grid in lieu of asphalt at parking lots and driveways to reduce impervious surfaces at Camp and protect water quality. During the 2024 summer season, two sections of geo-grid material failed at the steepest sections of driveway, including undermining of an accessible crosswalk. Echo Lake Camp relies on electrical power to pump, treat, and distribute drinking water for the Camp, as well as to pump and treat wastewater. In recent years, power shut offs by the local utility provider for wildfire risk mitigation has significantly increased the occurrence and duration of power outages. Change Order #2 was completed in November, 2024 to address these needs. The Berkeley Tuolumne Camp driveway was completed in November, 2024 and the Echo Lake generator backup switch installation is expected to be completed in Summer, 2025.

Echo Lake Camp has an asphalt sports court that is used for sports, dances, and gatherings during both family and youth camp sessions. The existing court is failing due to cracking and uplifting caused by root intrusion. The sports court will be replaced, including removal of the cracked and failing asphalt and replacement and recompacting of new base rock and restriping. In order to complete this work, the existing basketball hoop post will be relocated and replaced. The existing Baldoni contract includes placement of concrete footings, repair/replacement of asphalt pathways and striping.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The construction contract includes requirements to comply with the City’s Environmentally Preferable Purchasing Policy. The project is a renovation of an existing asphalt sports court with no new ground disturbance and therefore will not negatively affect natural habitat.

RATIONALE FOR RECOMMENDATION
Echo Lake has been providing valuable outdoor activities to Berkeley youth and families since 1922. Repair of the failing sports court and relocation of the basketball hoop post will allow these facilities to continue to provide safe programming at this unique City resource.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Liza McNulty, Project Manager, Parks Recreation & Waterfront, 542-4131

Contract: Baldoni Construction CONSENT CALENDAR
Echo Lake Camp Accessibility Upgrade Project May 20, 2025

Attachments:
1: Resolution

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

CONTRACT NO 32400029 AMENDMENT: BALDONI CONSTRUCTION SERVICE, INC., FOR ECHO LAKE CAMP ACCESSIBILITY UPGRADES
WHEREAS, the City has owned the Echo Lake Camp since 1922; and WHEREAS, the City wants to voluntarily improve accessibility at Echo Lake Camp; and WHEREAS, an invitation for bids was duly advertised and three bids were opened on April 18, 2023, and Baldoni Construction Service, Inc. was the lowest responsive and responsible bidder; and
WHEREAS, the City Council authorized execution of a contract and any amendments, extension and/or change orders until completion of the Project with Baldoni Construction Service, Inc. in an amount not to exceed $436,954 (Resolution No. 70,855-N.S); and WHEREAS, two contract amendments have been executed to date to address unanticipated existing conditions and conflicts and emergency work, resulting in a current total contract value of $552,862; and
WHEREAS, the sports court at Echo Lake Camp is failing due to root intrusion additional funds are needed to complete repairs; and
WHEREAS, funding for the $60,000 amendment is available in the FY2025 General Fund (Fund 011) budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the not to exceed amount for Contract No. 32400029 with Baldoni Construction Service, Inc. for the Echo Lake Camp Accessibility Upgrade Project is increased by $60,000 for an amended total not to exceed $616,953. A record signature of said agreements and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
May 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Contract No. 32400003 Amendment: Cooke & Associates Background Investigations

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract amendment with Cooke & Associates, a background investigation services provider for public safety personnel, to increase the contract amount by $280,000 to a total contract of $580,000 and extend the contract term for two additional years expiring on July 31, 2028. This amendment will allow the Berkeley Police Department (BPD) and Berkeley Fire Department (BFD) to continue utilizing Cooke & Associates for timely, thorough, and high-quality background investigations of candidates, and will provide the City Manager with the authority to spend funds as needed under the amended contract to support ongoing public safety hiring needs.

FISCAL IMPACTS OF RECOMMENDATION
Funds for this contract in FY 2025 are allocated in the following budget codes:
 Berkeley Police Department special fund: 126-71-702-805-0000-000-421-612990  Berkeley Fire Department: Measure FF 164-72-742-831-0000-000-422-612990 The amendment includes $160,000 for BPD and $120,000 for BFD.

CURRENT SITUATION AND ITS EFFECTS
The ability to conduct background investigations quickly and thoroughly is critical for filling vacancies in public safety positions. Delays in hiring lead to extended vacancies, increased workload on current staff, and reduced service capacity. Cooke & Associates has consistently delivered high-quality, efficient investigations that support timely hiring decisions.

Both BPD and BFD continue to experience staffing shortages and face a competitive hiring landscape. The existing contract with Cooke & Associates has enabled both departments to process more applicants, particularly for urgent roles such as police

Contract: Cooke & Associates Background Investigations Consent Calendar May 20, 2025

officers, dispatchers, and firefighter/paramedics. This ensures we are able to identify and select the most qualified candidates.

The original contract with Cooke & Associates, which began on May 15, 2023, was approved for $50,000 and set to expire on May 15, 2025. In August 2023, the contract was amended to increase the not-to-exceed amount to $300,000 and extend the term through July 31, 2026. As of today, a total of $261,865.11 has been spent by BPD and BFD under this contract.

While acknowledging that there is a hiring freeze in place, there will continue to be needs for police and fire hiring, and positions will be assessed by public safety and city manager staff for case specific decisions. Due to the success of the partnership and ongoing hiring needs, BPD is requesting authority to spend up to an additional $160,000 and BFD is requesting an additional $120,000 to continue utilizing Cooke & Associates’ services.

BACKGROUND
Cooke & Associates has been a trusted vendor for the City of Berkeley, providing detailed, timely, and POST-compliant background investigations. They have demonstrated strong communication, flexibility, and responsiveness to department needs, especially during high-volume recruitment periods.

Their services have helped both BPD and BFD avoid delays in academy enrollments and onboarding processes. The proposed amendment will ensure continued support at a time when public safety vacancy rates for the Berkeley Police Department are at

17.7% for sworn staff. For the Berkeley Fire Department, vacancies for firefighters are at approximately 12%.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No identifiable environmental effects or opportunities are associated with this report’s subject.

RATIONALE FOR RECOMMENDATION
Cooke & Associates has a proven track record with the City of Berkeley. Their investigative work supports effective public safety hiring by ensuring thorough vetting of candidates. The additional funding will support ongoing hiring efforts and help the City meet current and future staffing demands.

ALTERNATIVE ACTIONS CONSIDERED
Relying solely on internal staff for all background investigations would extend hiring timelines and reduce capacity during peak hiring periods. Additionally, current staffing levels would require much of this internal work to be done on an overtime basis, making outsourcing this work the more fiscally responsible approach.

Contract: Cooke & Associates Background Investigations Consent Calendar May 20, 2025

CONTACT PERSON
Melanie Turner, Lieutenant, Berkeley Police Department, 510-981-5970

ATTACHMENTS

1. Resolution

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

CONTRACT AMENDMENT: COOKE & ASSOCIATES FOR BACKGROUND

INVESTIGATION SERVICES FOR PUBLIC SAFETY PERSONNEL
WHEREAS, the City of Berkeley continues to face critical public safety staffing needs; and
WHEREAS, timely and comprehensive background investigations are essential to hiring qualified personnel in law enforcement and fire services; and WHEREAS, Cooke & Associates has provided the City of Berkeley with professional and reliable background investigation services that meet POST standards; and WHEREAS, the City’s existing contract with Cooke & Associates needs to be amended to provide additional funding to support continued services for the Berkeley Police Department and Berkeley Fire Department; and
WHEREAS, funds for this contract amendment have been allocated in the following budget codes:
 Berkeley Police Department special fund: 126-71-702-805-0000-000-421-612990  Berkeley Fire Department: Measure FF 164-72-742-831-0000-000-422-612990 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute an amendment to the existing contract with Cooke & Associates for background investigation services, increasing the contract by $280,000, for a total not-to-exceed amount of $580,000 and extend the contract term for two additional years to July 31, 2028.

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 20, 2025
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: 2024 Police Equipment & Community Safety Ordinance Annual Report

RECOMMENDATION
Adopt a Resolution approving the 2024 Police Equipment and Community Safety Ordinance Annual Report.

FISCAL IMPACTS OF RECOMMENDATION
The fiscal impacts are limited to staff time required for reporting and training associated with the use of equipment listed in the report.

BACKGROUND
On May 11, 2021, the City of Berkeley adopted the Police Equipment and Community Safety Ordinance (BMC Chapter 2.100, Ordinance No. 7,760-N.S.). This ordinance requires the Berkeley Police Department (BPD) to submit an annual report detailing the use of specified controlled equipment for Council approval "for as long as the Controlled Equipment is available for use" (BMC § 2.100.050).

Pursuant to BMC § 2.100.050(B), this annual report must first be provided to the Police Accountability Board (PAB) for review. Within 60 days of submission, the PAB is required to place the report on an agenda and determine, based on the report, whether each piece of controlled equipment reported on has complied with the standards for approval (BMC § 2.100.040). After the review period by the PAB, BPD must submit the annual report to the City Council. The PAB and Council have approved annual controlled police equipment reports for the same set of equipment since the enactment of the ordinance, covering the reporting periods of 2021, 2022, and 2023. This item fulfills that requirement for the 2024 reporting period.

CURRENT SITUATION AND ITS EFFECTS
On February 27, 2025, BPD submitted the 2024 Annual Report to the Office of the Director of Police Accountability (ODPA) and PAB. The PAB agendized the 2024 Annual Report for discussion at its regular meeting on March 5, 2025. Following the meeting discussion, the PAB did not make a final recommendation on the report and instead requested additional records from BPD about two specific pieces of controlled equipment (Light/Sound Distraction Devices and the Long-Range Acoustic Device). No concerns about the department’s other controlled equipment were noted. BPD responded to the PAB's request, providing detailed explanations about how the specific technologies were used and offered the PAB an opportunity to meet with the Department's subject matter expert for deeper insights into training, policy, and deployment considerations for those pieces of equipment. The department further explained that collecting and reviewing the extensive additional information requested (including radio traffic recordings, written reports, and BWC video) presented significant challenges to staff time and was considered overly burdensome, particularly given the late request by the PAB for further information and the ordinance's requirement for timely submission of the annual report to the City Council. On April 23, 2025, at the PAB regular meeting, the board voted to inform council of their inability to fulfill their audit function without access to additional records. On May 1, 2025, the Police Accountability Board (PAB) Chair submitted a formal response from the PAB regarding the Police Equipment and Community Safety Ordinance Annual Report. That correspondence is provided here. (Attachment 3)
We note that last year, the PAB discussed requesting that additional information be included in BPD’s annual report that is submitted to the City Council to assist them in their review process. BPD expressed openness to that idea and engaged in further discussions with the Board on that matter. The PAB has not yet articulated what information they would like the Police Department to collect and add to the report, but the Department continues to be open to receiving the PAB’s recommendation. BPD collected information through the last reporting period and subsequently prepared this annual report with the level of detail consistent with past practices and in accordance with the requirements established by the ordinance.

BPD submits this report to meet its obligation under the ordinance, acknowledging the review process undertaken by the PAB. BPD affirms that the controlled equipment was utilized in accordance with approved policies and the standards set forth in BMC §

2.100.040 during the 2024 reporting period.

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

CONTACT PERSON
Jen Louis, Chief of Police, (510) 981-5700

ATTACHMENTS

1. Resolution

2. 2024 Police Equipment and Community Safety Ordinance Annual Report

3. Letter submitted by Police Accountability Board (PAB) regarding the Berkeley Police Department’s (BPD) 2024 Police Equipment and Community Safety Ordinance Annual Report

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

ANNUAL REPORTING AND IMPACT STATEMENTS: 2024 POLICE EQUIPMENT

AND COMMUNITY SAFETY ORDINANCE
WHEREAS, the Berkeley City Council adopted Ordinance No. 7,760-N.S., the Police Equipment and Community Safety Ordinance (Berkeley Municipal Code Chapter 2.100) on May 11, 2021; and
WHEREAS, BMC § 2.100.050 mandates an annual report regarding the use of controlled equipment that the Berkeley Police Department (BPD) possesses, covering the 2024 calendar year; and
WHEREAS, per BMC § 2.100.050(B), BPD submitted the 2024 Annual Report to the Police Accountability Board (PAB) for review on February 27, 2025; and WHEREAS, the PAB placed the 2024 Annual Report on its agenda for March 5, 2025, initiating its review process as required by the ordinance, which included subsequent requests for information and responses between the PAB and BPD; and WHEREAS, the Police Accountability Board conducted its review of the 2024 Annual Report as required, though no formal recommendation was issued prior to the Council submission deadline; and
WHEREAS, BMC § 2.100.050(B)(3) requires BPD, after review by the PAB, to submit the Annual Report to the City Council; and
WHEREAS, the BPD has submitted the 2024 Annual Report to the City Council in fulfillment of this requirement.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it approves the Berkeley Police Department's 2024 Police Equipment and Community Safety Ordinance Annual Report.

1 2024 Police Equipment and Community
Safety Ordinance Annual Report

2 Contents
Ordinance Background and Objectives ........................................................................................................3 Operational Context .....................................................................................................................................5 2024 Equipment Deployment and Utilization ..............................................................................................6 Deployment Summary and Statistics..........................................................................................................17 Equipment Profiles .....................................................................................................................................19 Lexipol Policy Framework ...........................................................................................................................21

3 Ordinance Background and Objectives
On May 11, 2021 the Berkeley City Council passed Ordinance NO. 7,760-N.S., the Police Equipment and Community Safety Ordinance. Section 2.100.050 of the ordinance mandates an annual report for the deployment of specific equipment the Berkeley Police Department possesses.

The annual report on the controlled equipment shall contain the following information per Ordinance NO. 7,760N.S.:
(a) Product descriptions for controlled equipment and inventory numbers of each product in the Police Department’s possession.
(b) A summary of how controlled equipment was used. For the purposes of annual reports, “use” of equipment shall refer to equipment that is Deployed, not to transfers of location or placement of equipment inside Department vehicles. (c) If applicable, a breakdown of where Controlled Equipment was used geographically by individual police areas. For each police area, the Police Department shall report the number of days or instances in which Controlled Equipment was used and what percentage of those daily reported uses were authorized by warrant and by non- warrant forms of court authorization.
(d) A summary of any complaints or concerns received concerning Controlled Equipment.
(e) The results of any internal audits, any information about violations of Controlled Equipment Use Policies, and any actions taken in response.

Section 2.100.020 (D) defines deployment as “to utilize or employ Controlled Equipment for a deliberate purpose in the presence of members of the public during management or control of crowds, during any Special Response Team deployment, or to affect some response from members of the public during any other operation or critical response. ‘Deployed’ does not mean an officer merely wearing a piece of Controlled Equipment on their belt or elsewhere on their person.” In other words, deployment refers to the visible display of equipment intended to prompt a public response. The equipment need not be actively used (for example, a less-lethal projectile does not have to be fired and strike a suspect) for the deployment to be recorded. The table on page 5 of this report reflects both deployments and equipment utilization, as required by the ordinance.

The Blue Team and Equipment Ordinance systems record all equipment utilizations and deployments, allowing the Police Department to meet the ordinance’s requirements. The Blue Team system tracks all uses of force and is managed by the Internal Affairs Bureau. This system complements the Equipment Ordinance system, which records deployments for all equipment covered by the ordinance.

4 Operational Context
The Police Department responded to 61,666 calls for service in 2024. Of the 61,666 calls received, 50 of them resulted in the deployment of military equipment (0.08% of all calls), and only 1 (0.0016%) resulted in the use of “less-lethal” munitions. For details on these systems and other military equipment refer to page 19 or the Impact Statements located on the Berkeley Police Department website.

The table on page 4 lists all 50 equipment deployment incidents recorded by the Blue Team and Equipment Ordinance systems. Each row represents an incident in which a specific piece of equipment was deployed or utilized. The table also documents 10 instances where the Special Response Team conducted arrest and/or search warrants in cases involving a violent suspect.

Equipment not listed in the table was neither deployed nor used in 2024.

Of the 50 incidents, 39 were responses to calls for service from community members, 10 involved warrant service, and 1 occurred in preparation for a scheduled protest. Information provided by victims, witnesses, and community members guides police dispatchers, while officers and supervisors take these observations into account when deciding on equipment deployment.

5 2024 Equipment Deployment and Utilization
Each incident is listed in chronological order. Out of the 50 incidents in which military equipment was deployed, 8 involved active use of equipment. Equipment that was actively used is highlighted in yellow.
# Equipment Deployed Summary of Deployment Beat

1. 36" batons, FN 303
Launcher, Light/Sound
Distraction Device,
40MM Launcher
For a scheduled protest at a public park, the Special Response Team deployed 36‑inch batons, an FN 303 launcher,
light/sound distraction devices, and a 40MM launcher. None of the equipment was used.
6 2. 40MM Launcher Officers responded to a call regarding an individual reportedly carrying a knife and a pole. Upon arrival they observed the subject with a knife. A 40MM launcher was deployed but not used, and the subject complied and was detained without incident.
5 3. 40MM Launcher Responding to a reported assault, officers encountered an agitated subject. A 40MM launcher was deployed but not
used, and the subject complied and was detained without incident.
4 4. 40MM Launcher Officers responded to a felony domestic violence call at a residence where the suspect initially refused to come outside.

Upon entry, a patrol rifle and a 40MM launcher were
deployed but not used, and the subject complied and was detained without incident.
10 5. Patrol Rifle Officers from Richmond PD pursued armed robbery suspects into Berkeley. A patrol rifle was deployed by a BPD officer but not used, and both subjects complied and were detained
without incident.
13 6. 40MM Launcher A patrol officer encountered a man carrying a weapon who then ran and fled on foot. Additional officers arrived and deployed a 40MM launcher but did not use it. The subject complied and was detained without incident; a
three-and-a-half–foot metal bar with a taped handle was recovered.
13

6 7. FN 303 Launcher,
Light/Sound Distraction
Device, LRAD, Patrol
Rifle, 40MM Launcher,
Precision Rifle
The Special Response Team responded to a suspect who had threatened to kill himself and others. SRT used an LRAD to call him out, and threw light/sound distraction devices in the yard.

The subject complied and was detained without incident. All other listed equipment was deployed but not used.

Outside of
Berkeley

8. Light/Sound Distraction
Device, 40MM
Launcher, FN 303
Launcher,
Officers responded to a call about a man who had been shot and was bleeding. The suspect was last seen in a tent. After announcements and deployment of a light/sound distraction device along with other equipment (40MM launcher and
FN 303 launcher), the subject emerged, complied, and was detained without incident.
13 9. Patrol Rifle Following a report of a man brandishing a handgun, officers arrived with a patrol rifle deployed but not used. The subject complied and was detained without incident.
9 10. 40MM Launcher Officers responded to a report of an individual threatening self-harm and harm to others. A 40MM launcher was
deployed but not used, and the subject complied and was detained without incident.
5 11. 40MM Launcher, FN
303 Launcher
Officers responded to reports of a shirtless man on Telegraph Avenue with chest wounds, carrying a sickle and a wooden stick. Both the 40MM and FN 303 launchers were used, and the subject complied and was detained without incident. 5 12. 40MM Launcher Officers responded to a report of a shirtless man on Shattuck Avenue carrying a sharpened stick. A 40MM launcher was
deployed but not used, and the subject complied and was detained without incident.
4 13. Patrol Rifle Officers responded to a report of a suspected rapist fleeing a residence. A patrol rifle was deployed but not used, and the subject complied and was detained without incident.
10 14. Patrol Rifle During a burglary in progress, officers encountered two suspects. A patrol rifle was deployed but not used, and both subjects complied and were detained without incident.
7 15. Patrol Rifle In response to a felony vandalism call involving a death threat, officers located the suspect hiding in bushes. A patrol rifle was deployed but not used, and the subject complied and was detained without incident.
11

7 16. Patrol Rifle Officers responded to a tip about a potentially armed man in a vehicle. A patrol rifle was deployed but not used, and the subject complied and was detained without incident.
5 17. Patrol Rifle Officers responded to reports of an individual carrying what appeared to be a rifle and pistol along University Avenue. A patrol rifle was deployed but not used, and the subject complied and was detained without incident.
4 18. Patrol Rifle, 40MM
Launcher
Officers responded to a report of a man allegedly carrying a gun. A patrol rifle and a 40MM launcher were deployed but not used, and the subject complied and was detained without incident.
5 19. 40MM Launcher,
Patrol Rifle
For a felony domestic violence call with a suspect inside the residence, officers deployed a 40MM launcher and a patrol rifle but did not use either. The subject complied and was detained without incident.
1 20. FN 303 Launcher,
Light/Sound Distraction
Device, Patrol Rifle,
40MM Launcher
The Special Response Team responded to arrest a suspect connected to a shooting. Officers spotted him walking down the street and used a light/sound distraction device to distract him. The subject complied and was detained without
incident. All other listed equipment was deployed but not used,
Outside
of
Berkeley

21. Patrol Rifle, 40MM
Launcher, Precision
Rifle
Officers responded to a violent armed robbery involving multiple suspects. A patrol rifle, 40MM launcher, and
precision rifle were deployed but not used, and all subjects complied and were detained without incident.
5 22. FN 303 Launcher During a mutual aid operation addressing a barricaded burglary suspect, the FN 303 launcher was deployed but not used, and the subject complied and was detained without incident.

Outside of
Berkeley

23. Patrol Rifle Officers responded to a report of an armed individual near an intersection. After the suspect fled into a parking garage, patrol rifles were deployed but not used. The subject
eventually complied and was detained without incident.
4 24. 40MM Launcher Following a disturbance at a local restaurant—in which the suspect became agitated, threatened the business owner, and was seen brandishing a knife and fork—officers arrived and 3

8 deployed a 40MM launcher but did not use it. The subject complied and was detained without incident.

25. 40MM Launcher Officers responded to a disturbance call involving an individual with a known history of assault. A 40MM launcher was
deployed but not used, and the subject complied and was detained without incident.
5 26. FN 303 Launcher,
LRAD, Patrol Rifle,
Light/Sound Distraction
Device
Officers responded to a barricaded suspect situation in which the individual refused to exit an RV. Officers gave voice commands through the LRAD, and used light/sound
distraction devices. Patrol rifles and less-lethal launchers were deployed but were not used. The subject complied and was detained without incident.

Outside of
Berkeley

27. 40MM Launcher Officers responded to a report of a person locked in a basement woodshop with a firearm who was threatening
suicide. A 40MM launcher was deployed but not used, and the situation was resolved without incident.
3 28. Patrol Rifle Responding to a reported fight involving a suspected armed individual, officers deployed a patrol rifle but did not use it.

The subject complied and was detained without incident. 14 29. FN 303 Launcher,
Light/Sound Distraction
Device, LRAD, Patrol
Rifle, 40MM Launcher,
Precision Rifle
SRT served a high-risk warrant for shooting suspects. Officers used multiple light/sound distraction devices. The subject complied and was detained without incident.
9 30. 40MM Launcher Officers responded to a reported restraining order violation involving a subject allegedly carrying a large knife. A 40MM launcher was deployed but not used, and the subject
complied and was detained without incident.
12 31. 40MM Launcher After a subject with prior history of assault made more than 25 false calls over 24 hours, officers responded and deployed a 40MM launcher but did not use it. The subject complied and was detained without incident.
9 32. 40MM Launcher During a tense family dispute where one individual was suspected of carrying a knife, a 40MM launcher was deployed but not used. The subject complied and was detained without incident.
13

9 33. 40MM Launcher Officers responded to a trespassing call in a residential backyard, in which the suspect had reportedly assaulted the victim. A 40MM launcher was deployed but not used, and the subject complied and was detained without incident.
11 34. Patrol Rifle While conducting a search warrant for a homicide suspect who attempted to flee, officers deployed a patrol rifle but did not use it. The subject complied and was detained without incident.

Outside of
Berkeley

35. Patrol Rifle, 40MM
Launcher
In response to a reported homicide involving a firearm, officers deployed a patrol rifle and 40MM launcher but did not use either. The subject complied and was detained without incident.
13 36. Patrol Rifle During a high-risk stop in a homicide investigation, officers deployed a patrol rifle but did not use it. The subject complied and was detained without incident.
13 37. 40MM Launcher Officers conducted a welfare check after a subject threatened to kill his siblings. A 40MM launcher was deployed but not used, and the subject complied and was detained without incident.
4 38. 40MM Launcher Officers responded to a report regarding a short-term rental occupant who refused to leave a multi-unit property. The suspect had a felony warrant for attempted homicide. A
40MM launcher was deployed but not used, and the subject complied and was detained without incident.
6 39. 40MM Launcher A man on parole for weapons possession barricaded himself in an office, and officers deployed a 40MM launcher but did not use it. The subject complied and was detained without
incident.
6 40. FN 303 Launcher After responding to a domestic violence call where the suspect refused to leave his room, officers deployed an FN 303 launcher but did not use it. The subject complied and was detained without incident.
5 41. 40MM Launcher Following a report from an ER regarding an individual with a history of assault who punched a visitor, officers deployed a 40MM launcher but did not use it. The subject complied and was detained without incident.
8

10 42. Patrol Rifle, 40MM
Launcher
Responding to a call about an assault at an apartment, officers deployed a patrol rifle and a 40MM launcher but did not use either. The subject complied and was detained without
incident.
4 43. 40MM Launcher Officers responded to a situation involving an individual displaying a knife and demanding that others end his life. A 40MM launcher was deployed but not used, and the situation was resolved without incident.
7 44. Patrol Rifle, 40MM
Launcher
During an SRT operation in Antioch related to a shooting incident during a vehicle theft interruption, a patrol rifle and 40MM launcher were deployed but not used. The subject
complied and was detained without incident.

Outside
of
Berkeley

45. FN 303 Launcher,
Light/Sound Distraction
Device, Patrol Rifle,
40MM Launcher,
While conducting a high‑risk warrant service in a burglary case, officers deployed the listed equipment but did not use any of it. The subject complied and was detained without incident.
3 46. Patrol Rifle, LRAD,
Light/Sound Distraction
Device, 40MM
Launcher
Officers conducted a warrant service operation involving a suspect connected to multiple gunshots in Berkeley. Officers gave voice commands through the LRAD, and used light/sound distraction devices. The other listed equipment was deployed but not used, and the subject complied and was detained without incident.

Outside of
Berkeley

47. OC Spray After responding to a report of an individual causing a disturbance with excessive noise and door knocking—and who became physically aggressive—OC spray was used, and the subject complied and was detained without further incident. 5 48. FN 303 Launcher,
Patrol Rifle, 40MM
Launcher
Following a shooting incident in which two suspects
exchanged gunfire, SRT conducted a warrant for their arrest.

Officers deployed the listed equipment but did not use it. The subject complied and was detained without incident.
5 49. Light/Sound Distraction
Device, Patrol Rifle,
40MM Launcher
In response to a domestic violence and assault case involving a deadly weapon, SRT carried out a surveillance and stop
operation in Oakland. The listed equipment was deployed but not used, and the subject complied and was detained without incident.

Outside
of
Berkeley

11 50. 40MM Launcher In response to a disturbance that occurred during a move-out inspection in which a suspect threatened a victim with a knife, a 40MM launcher was deployed but not used, and the subject complied and was detained without incident.
4

12 Deployment Statistics
The table below displays the total number of deployments for each specified piece of equipment in 2024. Note that different types of equipment may be deployed in a single incident, and the same piece of equipment may be deployed by multiple officers during one incident.

Equipment Number of Deployments
Patrol Rifle 24
40MM Single Launcher 35
40MM LTL Multi-Launcher 0
FN 303 Launcher 11
FN Pava Impact Projectile 0
Oleoresin Capsicum Spray 1
Chlorobenzylidene Malononitrile and
Oleoresin Capsicum
0 Precision Rifle 3
Light/Sound Diversionary Device 9
Long Range Acoustic Device 4
36” Batons 1
Barret Model 99 0
No additional internal audits were conducted beyond those performed to gather and confirm data for this report. No violations of equipment use were identified, and no complaints regarding the above-listed equipment were submitted to the department.

13 A map below shows the locations of the 42 equipment deployments in Berkeley, with 8 deployments occurring in other Bay Area cities.

14 Equipment Inventory and Descriptions
Below is a list and inventory of the reportable equipment under the city ordinance:
 Patrol Rifle (96)
o Associated .223 duty and training rounds (61,450)
 Less Lethal single 40MM launcher (20)
 Less Lethal Milkor LTL 40 MM multi-launcher (2)
o Associated 40mm rounds (450)
 Less Lethal FN 303 Launcher (8)
o Associated FN rounds (5,813)
o Associated FN Pava rounds (150)
 Oleoresin capsicum (handheld OC spray) (182)
 Chlorobenzylidene Malononitrile and Oleoresin capsicum/ tear gas (300)  Remington 700 Precision Rifle (6)
o Associated .308 rounds (3,000)
 Light/sound distraction device (88)
 Long Range Acoustic Device (LRAD) (2)
 36” batons (195)
 Barret Model 99 Precision Rifle (1)
o Associated .50 rounds (54)
The following are product descriptions of the military equipment the Berkeley Police Department possesses:

Patrol Rifle
The “M4” was developed and produced for the United States government by Colt Firearms and is based on the original Armalite Rifle (AR) patent purchased by Colt in 1959. Although Colt owns the trademarked name “M4,” several other manufacturers offer similar firearms under various model names. The M4 and its variants fire

5.56×45 mm NATO (and .223 Remington) ammunition and are gas‑operated, magazine‑fed firearms with barrel lengths ranging from 11.5” to 16”.

The current BPD rifle ammunition is the .223 Remington—a rimless, bottlenecked cartridge developed in 1957 by Remington Arms and Fairchild Industries. One of the most popular cartridges, the .223 Remington is used by a wide range of semi‑automatic and manual‑action rifles, as well as handguns. While the military uses the similar

5.56×45 mm NATO cartridge, BPD employs the more common civilian .223 Remington for all training and duty purposes.

Penn Arms 40MM Single Launcher & Milkor LTL Multi-Launcher The 40 mm impact projectile was developed as an alternative to the 12‑gauge bean bag round and other less focused less‑lethal options. Early 12‑gauge bean bag round designs had unpredictable flight patterns and could cause significant unintended injuries. The 40 mm foam baton round was created as a direct‑fire projectile intended to minimize

15 such risks. The Berkeley Police Department currently uses the CTS 4557 foam baton projectile and the Penn Arms L‑140 single‑shot launcher.

FN 303
Developed in 2003 by Fabrique Nationale de Herstal as a less‑lethal option, the FN 303 is based on a concept from Monterey Bay Corporation. The development team included designers and researchers from two paintball‑related companies. The FN 303 uses compressed air to propel a .68‑caliber projectile, similar to those used in manufactured paintball guns.

Oleoresin capsicum (OC spray)
First Defense manufactures OC sprays in various sizes. Oleoresin capsicum is the most widely used chemical agent among law enforcement and the general public. It has a pungent, irritating pepper odor and is classified as an inflammatory agent. In addition to its effectiveness on humans, OC‑based agents are typically effective on animals. In liquid form, OC can appear clear, amber, or dark red, depending on the manufacturer, as it is mixed with various carrier solutions.

Chlorobenzylidene Malononitrile (CS) & (OC)
Chlorobenzylidene malononitrile, commonly known as CS, is one of the most widely used tear gases. It can be delivered as a liquid, gas, or solid and is designed to produce temporary discomfort by being vaporized or otherwise dispersed in the air. Law enforcement agencies rely on CS to manage combative suspects, control crowds, and handle barricaded subjects without resorting to higher levels of force. CS can be deployed via aerosol (the most common method), fogging, pyrotechnics, or blast expulsion; however, all methods are influenced by environmental factors such as wind, rain, temperature, and proximity. Under standard conditions, CS forms a white crystalline substance with low vapor pressure and poor water solubility.

Remington 700 Precision Rifle
The Remington 700 is a series of bolt‑action rifles designed in 1962 by Remington Arms Company. The “700” designation refers to multiple models with varying parts, barrel lengths, stocks, and other components. The Precision Rifle model has long been used by law enforcement and remains an industry standard. The Berkeley Police Department employs a custom Remington 700 action chambered in the common .308‑caliber round, featuring a 20‑inch barrel, an Accuracy International chassis/stock, a Nightforce 3‑15× magnified optic, and a bipod.

Light/Sound Distraction Device
Also known as diversionary, noise/flash, or light/sound devices, Light/Sound Distraction Devices have been available for about 40 years. They serve as safe and effective tools for law enforcement during challenging tactical incidents. When activated, these devices produce loud noise, heat, and intense light to create an effective diversion.

16 Long Range Acoustic Device (LRAD)
The LRAD is a high‑intensity, directional acoustical array that provides long‑range, crystal‑clear communication. Essentially, it functions as a powerful loudspeaker. 36” Baton
The Berkeley Police Department issues a fixed‑length, straight baton with a knurled polycarbonate grip for crowd control. The baton measures 36 inches in length, 1.25 inches in diameter, and weighs approximately 1.64 pounds. Polycarbonate is a durable thermoplastic that resists splintering and heat.

Barrett Model 99 Precision Rifle
The Barrett Model 99 is a single shot, bolt action .50caliber rifle introduced in 1999. It is intended for emergency situations where there is a high potential for violence.

17 Lexipol Policies
Patrol Rifle
 Policy 300 (Use of Force)
 Policy 349 (Tactical Rifle Operator Program)
40MM single launcher
 Policy 300 (Use of Force)
 Policy 303 (Control Devices and Techniques)
40MM LTL multi-launcher
 Policy 300 (Use of Force)
 Policy 303 (Control Devices and Techniques)
FN 303 Launcher & FN Pava rounds
 Policy 300 (Use of Force)
 Policy 303 (Control Devices and Techniques)
Chlorobenzylidene Malononitrile and Oleoresin Capsicum (canister and spray)  Policy 300 (Use of Force)
 Policy 303 (Control Devices and Techniques)
Precision Rifle
 Policy 300 (Use of Force)
 Policy 354 (Precision Rifle)
Light/Sound Diversionary Device
 Policy 353 (Diversionary Device)
Long Range Acoustic Device
 Policy 707 (Long Range Acoustical Device)
36” batons
 Policy 300 (Use of Force)
 Policy 303 (Control Devices and Techniques)
 Policy 428 (First Amendment Assemblies)
Barret Model 99
 Policy 300 (Use of Force)
 Policy 354 (Precision Rifle)

1900 Addison Street, 3rd Floor, Berkeley, CA 94704 TEL: 510-981-4950 TDD: 510-981-6903 FAX: 510-981-4955 Website: https://berkeleyca.gov/dpa Email: [email protected] May 1, 2025
VIA ELECTRONIC MAIL [Email]
Honorable Mayor and Members of the Berkeley City Council [email protected]
2180 Milvia Street
Berkeley, CA 94704
Re: Impediments to PAB’s Mandated Review of the 2024 Controlled Equipment Report Dear Mayor and Councilmembers,
We write to inform you that the Police Accountability Board (PAB) has been prevented from fulfilling a core oversight function prescribed by Berkeley Municipal Code (BMC) Section

2.100.050: the meaningful review of Berkeley Police Department’s (BPD) 2024 Controlled Equipment Report (the Report).1
Under the Police Equipment and Community Safety Ordinance (the Ordinance), the PAB is required to determine whether BPD’s use of controlled equipment complies with the standards outlined in Section 2.100.040.2 These standards ensure that the use of militaristic equipment is not excessive or gratuitous, respects the community’s civil liberties, and does not discriminate on the basis of a protected class . The Ordinance requires BPD to submit the Report only after t he PAB has conducted its review and directs BPD to indicate the PAB’s “approval or [BPD’s] lack of compliance for each piece of Controlled Equipment.” 3 If the PAB identifies BPD’s use of controlled equipment does not comply with the Ordinance , the PAB must submit a recommendation to Council to modify or revoke that particular equipment’s use policy “in a manner that will resolve the lack of compliance.”4
1 BMC 2.100.050, “Reports on the Use of Controlled Equipment,” https://berkeley.municipal.codes/BMC/2.100.050. 2 See BMC 2.100.050(B)(1) (requiring the PAB to “determine, based on the report, whether each piece of Controlled Equipment reported on has complied with the standards for approval set forth in Section 2.100.040”), https://berkeley.municipal.codes/BMC/2.100.050; BMC 2.100.040 (C) (describing the criteria that the PAB must consider), https://berkeley.municipal.codes/BMC/2.100.040. 3 BMC 2.100.050(B)(3), https://berkeley.municipal.codes/BMC/2.100.050. 4 BMC 2.100.050(B)(2), https://berkeley.municipal.codes/BMC/2.100.050.

Joshua Cayetano
Chair of the Police Accountability Board
[email protected]

Despite a timely request for relevant records and documentation to support the PAB’s review,5 BPD declined to provide the requested records, preventing the PAB from conducting the ordinance-mandated review. The requested records included body-worn camera footage and radio transmissions that were directly relevant and essential to analyze compliance with the standards set forth in Section 2.100.040. For example, body worn camera footage would allow the PAB to make an independent determination that, for a particular use, “there [was] no practicably available alternative equipment which is not Controlled Equipment that [was] sufficient for the purposes.”6 As a result, the PAB is unable to certify that BPD’s use of controlled equipment complied with the law.

When it refused the PAB’s records request, BPD expressed c oncerns about resource constraints, privacy considerations, a nd the perceived limitations of the Ordinance’s scope. We address each in turn. First, t he PAB is very aware of the administrative burden that various reporting requirements place on BPD. To minimize the administrative burden, the PAB only requested records relevant to a small sample of the fifty (50) instances identified in the Report. 7 In any event, administrative burdens are not a valid excuse to evade meaningful review, mandated by City ordinance. Second, membe rs of the PAB are (1) privy to confidential records and (2) sworn to “maintain the confidentiality of the personnel files of sworn employees of the Police Department and all other matters that are confidential under state and federal law .”8 The PAB is able to submit a report to Council outlining its findings without breaking its oath of confidentiality.

Indeed, access to records like body worn camera footage are the only way for the PAB to certify compliance with the standards set forth in Section 2.100.040. Third, the Ordinance plainly states the PAB’s authority to review uses of controlled equipment. 9 If BPD disagrees with the plain
meaning of the Berkeley Municipal Code, it should request guidance from the City Attorney, not unilaterally refuse a valid request.

We wish to underscore that this is not merely an administrative or procedural matter. The Ordinance was adopted in direct response to widespread public demand for greater transparency, accountability, and independent oversight in law enforcement operations. 10 It reflects the City’s commitment
to ensure that controlled equipment is used only in ways that respect civil rights, safeguard public safety, and avoid disproportionate impacts on marginalized communities. We acknowledge BPD’s willingness to engage in dialogue and its offer of generalized briefings.

However, the PAB cannot independently evaluate compliance or make informed determinations without access to the underlying materials that substantiate BPD’s descriptions—a point emphasized by the Dire ctor of Police Accountability on the P AB ’s behalf during the Police 5 BPD submitted the Report to ODPA on February 27, 2025. The PAB agendized and discussed the Report at its March 5, 2025 meeting. ODPA requested the records from BPD on March 7, 2025. 6 BMC 2.100.040(C)(1)(a), https://berkeley.municipal.codes/BMC/2.100.040. 7 The PAB requested records related to 5 incidents, all pertaining to the use of Light-Sound Diversionary Devices (LSDDs) and the Long Range Acous tic Device (LRAD). March 5, 2025 PAB Agenda (p. 61), https://berkeleyca.gov/sites/default/files/legislative-body-meeting-attachments/2025-03- 05%20PAB%20Regular%20Meeting%20Packet%20-%20Amended_Final.pdf. 8 Oath of Office, April 23, 2025 PAB Agenda (p. 2), https://berkeleyca.gov/sites/default/files/legislative-body- meeting-attachments/2025-04-17%20PAB%20Regular%20Meeting%20Packet.pdf. 9 BMC 2.100.050(B)(2), https://berkeley.municipal.codes/BMC/2.100.050. 10 Aman, L. (May 28, 2021). Berkeley leaders demand more data about ‘militaristic’ police equipment.

Berkeleyside. https://www.berkeleyside.org/2021/05/28/berkeley-leaders-demand-more-data-about-militaristic- police-equipment

Department’s 2022 report presentation to Council,11 which he echoed in a 2024 memo to the PAB regarding the 2023 report ,12 and wa s re iterated by former Chair Moore’s 2024 letter to City Council on the matter.13 Despite these repeated efforts to elevate the issue of a need for access to records, the Board continues to face barriers that obstruct its Charter-mandated oversight responsibilities.

We respectfully urge the C ouncil to support measures that ensure timely and complete cooperation with lawful requests made by the Police Accountability Board in the course of its independent oversight duties. W
e respectfully caution the Council on accepting this year’s (and any future) Controlled Equipment Report from BPD until it has complied with the PAB-mandated review codified in the Police Equipment and Community Safety Ordinance. We remain committed to constructive engagement and welcome the opportunity to work collaboratively with all City departments, including the Berkeley Police Department, to uphold the principles of transparency, accountability, and community safety.

Respectfully,
Joshua Cayetano, Chair
Police Accountability Board
Cc: Paul Buddenhagen, City Manager
Farimah Brown, City Attorney
David White, Deputy City Manager
Jennifer Louis, Chief of Police
Jen Tate, Deputy Chief of Police
Hansel Aguilar, Director of Police Accountability
11 City of Berkeley. (June 6, 2023). June 6, 2023 Regular City Council Meeting [Video]. Berkeley City Council. https://berkeley.granicus.com/player/clip/5062?publish_id=18eb84a2-0554-11ee-95dd- 0050569183fa&redirect=true (Segment: 1:16:34–1:18:08)
12 Gecan, A. N. (March 29 , 2024). Flash-bangs, launchers: BPD brought out specialized gear less often in 2023, but used it more. Berkeleyside. https://www.berkeleyside.org/2024/03/29/berkeley-police-department-equipment-report 13 City of Berkeley. (June 4, 2024). City Council Regular Meeting: Agenda and Reports (Consent Calendar, Item 31, pp. 245–246). https://berkeleyca.gov/sites/default/files/city-council-meetings/2024-06- 04%20Agenda%20Packet%20-%20Council%20-%20WEB.pdf

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

CONSENT CALENDAR
May 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Contract: Shaw Integrated and Turf solutions Inc., for Civic Center Building (2180 Milvia Street), Second Floor Carpet Replacement Project

RECOMMENDATION
Adopt a Resolution:

1. Accepting the California Multiple Award Schedule (CMAS) bid procedures;

2. Approving the CMAS Contract with Shaw Integrated and Turf Solutions, Inc. for Carpet Replacements at the Civic Center Building located at 2180 Milvia;

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the terms and conditions of the agreements with Shaw Integrated and Turf Solutions, Inc. in an amount not to exceed $147,096, including a $13,372 contingency.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this carpet replacement project is available in the Fiscal Year 2025 Facilities Capital Improvement Program (CIP) budget from the Capital Improvement Fund (501).

Cost:

Carpet Replacement $ 133,724
Contingency $ 13,372
Total Cost $ 147,096
FY 2025 Funding:

Capital Improvements Fund (501) $147,096
Total Construction Cost $147,096

CURRENT SITUATION AND ITS EFFECTS
The carpet on the second floor of the Civic Center (2180 Milvia Street) serving the Health, Housing, and Community Services department and Payroll Audit, are beyond their useful life of twenty years and require replacement.

Contract: Shaw Integrated and Turf Solution’s Inc. CONSENT CALENDAR Civic Center Building 2nd Floor Carpet Replacement Project May 20, 2025

Shaw Integrated and Turf Solutions, Inc. was selected through the California Multiple Award Schedule (CMAS) bid procedure. Through the CMAS process, the City leverages the State of California pre-qualified vendor pricing, enabling cost savings and faster procurement.

The services provided will support the Strategic Plan goals of creating a resilient, safe, connected and prepared city as well as providing state-of-the-art, well-maintained facilities.

BACKGROUND
The broadloom carpets in the Civic Center Building are over twenty years old and need replacement. with visiable failures, such as crushed padding, seam separation, and heavy staining. Based on current schedules and availability, staff anticipate performing the replacement in Fall 2025.

The City developed technical specifications for carpet tiles in 2015, which have been since used in multiple projects, including the Public Safety Building (2017) and the Civic Center (2180 Milvia Street) in 2020 and 2022. The carpet tiles have proven durable, low-maintenance, and cost effective.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The carpet tiles meet the City’s criteria sustainability requirements, including being PVC free and 100% recyclable, constentent with the Berkeley General Plan, Climate Action Plan, and CalGreen.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work. Shaw Integrated and Turf Solutions, Inc. provided a cost-effective price, complying with the City’s carpet specifications.

ALTERNATIVE ACTIONS CONSIDERED
If a new RFP were to be managed by Staff to acquire a vendor, rather than using CMAS, the process would be longer and potentially be impacted by increased costs for materials and labor. CMAS is the most time and cost-effective action.

CONTACT PERSON
Wahid Amiri, Deputy Public Works Director, (510) 981-6396 Ronald Nevels, Manager of Engineering, Dept. of Public Works (510) 981-6439 Elmar Kapfer, Supervising Civil Engineer, Dept. of Public Works (510) 981-6435 Attachments:
1: Resolution
2: Quote from Shaw Integrated and Turf Solutions Inc.

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

CONTRACT: SHAW INTEGRATED AND TURF SOLUTIONS, INC. FOR THE CIVIC CENTER BUILDING (2180 MILVIA) CARPET REPLACEMENT PROJECT WHEREAS, the existing broadloom carpeting in the Civic Center Building, specifically on the 2 nd floor at the Health and Human Community Services (HHCS) Department and Payroll Department is in need of replacement; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this renovation project; and
WHEREAS, the California Multiple Award Schedule (CMAS) is available to state and local governments, which, by utilizing the city is able to adhere to BMC section

7.18.010, meeting the competitive bidding requirement; and WHEREAS, the California Department of General Service Procurement Division determined Shaw Integrated and Turf Solutions, Inc.’s bid pricing to be fair and reasonable and awarded CMAS Contract No. 4-24-09-1049; and WHEREAS, funds are available in the FY 2025 Budget in the Capital Improvement Fund (501).

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the terms and conditions of the agreement with Shaw Integrated and Turf Solutions, Inc. for the carpet replacement project at the Civic Center Building, in an amount not to exceed $147,096; which includes an authorized contingency of $13,372. A record signature copy of the agreement and any amendments to be on file in the office of the City Clerk.

Fax: ( ) -
( ) -Phone:

Mail Drop 999 P.O. Box 748552
Atlanta, GA 30384-8552
DateProposal Submitted To Attention Phone Fax
City of Berkeley, CA Uriel Gonzalez
Proposal Name Job Name Job #
2180 Milvia Street - 2nd Floor
Street Job Street Proposal ID
We hereby submit specifications and estimates for:

City, State and Zip Job City, State and Zip Customer PO Berkeley, CA 94704--112 Berkeley, CA 94704--112
2180 Milvia St
Add #Date of Plans
CMAS
Architect Customer Job #
None
2180 Milvia St
2180 Milvia Street - 2nd Floor 170762
01/28/25
192932
None
( ) -( ) -
Extended Price Unit PriceColorItem Description Qty UOM
$15,211.68$28.8148979/InsightMemory Tile Ecoworx (North Env Health) 528.00 SY $15,058.12$28.8148979/InsightMemory Tile Ecoworx (South Housing) 522.67 SY $1,226.83$111.53LokWorx+ Carpet Tile Adhesive 4 Gallon 11.00 4 Gal $14,051.73$95.59Furniture Moving 147.00 SY
$36,271.28$34.61Furniture Lift and Carpet Removal 1,048.00 Each $2,944.88$2.81Carpet Disposal 1,048.00 Each
$28,673.28$3.04Skim Coat 9,432.00 Each
$12,984.72$12.39Carpet Tile Installation 1,048.00 SY
$3,341.50$3,341.50Reimbursement of taxes imposed on the contractor. The contract price does not include
any contingency for such tax.

1.00 Each
$2,393.80$2,393.80Freight - Pricing Good for 30 Days 1.00 Each $525.33$525.33Estimated Additional CARE Fee Effective
February 1, 2025

1.00 SY
$1,040.16California Carpet Assessment as required by AB 2398
$133,723.31Base Bid Total:

Proposal Inclusions and Exclusions:

1. Contract#4-24-09-1049
Contract Period 09/24/2024 through 08/09/2027

2. Local Contact: Meg Lievers Installer: Corban Floor Coverings

3. Material title and risk of loss passes to the purchaser at the time of material delivery to owner provided address

4. Proposal does not include removal of any materials containing asbestos.

5. Extensive floor prep is not included in the price but may be necessary due to unforeseen conditions of the sub-floor. This work may include, but is not limited to, leveling or grinding, encapsulation or sealing, or extensive scraping of the sub-floor. Should extensive floor prep be required, you will receive a change order for the necessary work.

6. Price includes work as specifically stated in the above description for the quantities stated. Any circumstances that require additional labor will be handled through the change order process.

7. All pricing is based on work being completed during normal working hours.

8. Exclusions: attic stock, major floor prep, furniture moving unless specified in proposal, disconnecting and moving of computers and electronic equipment, vacuuming and protection of finished products, and any plumbing work (removal of commodes, etc)..

9. Price is based on a consecutive installation period without delays and is based on the customer allowing installation crews access to work a minimum of 8 consecutive hours a day until completion. Delays other than "acts of God" will result in charges for down-time.

10. Please email your Purchase Order to Stephanie Langford at [email protected] to initiate the order process. A purchase order is required before materials can be shipped.

11. Remit to Address: SHAW INTEGRATED SOLUTIONS PO Box 748552 Atlanta, GA 30384-8552

Fax: ( ) -
( ) -Phone:

Mail Drop 999 P.O. Box 748552
Atlanta, GA 30384-8552
Proposal ID: 192932
Stephanie Langford $133,723.31
We PROPOSE to perform the work complete in accordance with the specifications and as described above for the SUM of:

Signature:

Conditions of Proposal:

Stephanie Langford
Email: [email protected]

1. This Proposal may be withdrawn, if not accepted, within 30 days of its issuance. Shaw Industries Group, Inc. will consider reasonable requests to engage in negotiations for revisions to this Proposal, including signing a subcontract that includes the terms of this Proposal. A proposal not accepted within 30 days will be subject to price escalation of materials, labor, freight and fuel costs.

2. This proposal is subject to credit review and approval. Payment terms are net 30 days. A convenience fee of 2.5% will be added if paying via credit card. Past due invoices are subject to service charges of 1.5% per month (18% per annum). In the case of any default, Customer shall pay Shaw Industries Group, Inc.'s reasonable attorney fees and costs, including those on any appeal, even if no suit or action is filed.

3. All work shall be performed in a workmanlike manner according to industry standards. Areas to receive flooring shall be free and clear of debris. Any changes to the work shall be performed only after execution of a written change order.

4. Prior to commencement of Shaw Industries Group, Inc.'s work: (a) Customer shall test all concrete sub floors receiving flooring for vapor emission levels and alkalinity per manufacturers' recommendations utilizing ASTM F2170 and provide written results to Shaw Industries Group, Inc., including a list of any sealers applied to the concrete sub floor; (b) If Customer does not provide such reports at least 10 days prior to commencement of Shaw Industries Group, Inc.'s work, then Customer shall provide Shaw Industries Group, Inc. with access to all concrete sub floors for appropriate testing and Customer shall be responsible for the costs of such testing; and (c) Any concrete sub floors not meeting manufacturers' requirements for installation will require correction or the execution of a separate waiver agreement.

5. All work is contingent upon strikes, accidents or delays beyond Shaw Industries Group, Inc.'s control. Customer shall carry insurance for all hazards, including fire. Shaw Industries Group, Inc.'s workers are fully covered by Worker's Compensation and Liability Insurance.

6. Customer represents and warrants that: (a) the project site contains no hazardous or other dangerous substances, either exposed or concealed; or (b) Customer has given written notice to Shaw Industries Group, Inc. of all such substances and their location(s). To the fullest extent permitted by law, Customer shall indemnify, defend and hold Shaw Industries Group, Inc. harmless from any damage, claim, loss, expense and attorney fees related to Shaw Industries Group, Inc.'s liability, if any, including any federal or state statute related to hazardous or other dangerous substances.

7. Shaw Industries Group, Inc. is fully licensed, bonded, and insured. This proposal does not include participation in any OCIP/CCIP or related programs. Requests for Shaw Industries Group, Inc. to participate in such programs may result in additional costs.

ACCEPTANCE OF PROPOSAL: The above prices, specifications, and conditions are satisfactory and are hereby ACCEPTED.

City of Berkeley, CA Signed:Customer: Date:

You are authorized to do the work as specified.

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 20, 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. 081671-1 (8318C) Amendment: RouteSmart Technologies, Inc.

Software Maintenance

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 81671-1 (8318C) with RouteSmart Technologies Inc. to increase the contract by $25,000, for a total not to exceed amount of $235,743, to fund software license maintenance and support services, from June 30, 2025 through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funds for this contract are available in FY 2025 and subject to appropriation in FY 2026 in the Zero Waste Fund 601 (601-54-627-734-3023-000-472-613130).

CURRENT SITUATION AND ITS EFFECTS
The Department of Public Works uses RouteSmart to manage over 27,000 refuse, 20,000 green waste, and 5,000 commercial recycling stops each month. Prior to RouteSmart implementation, staff used the FUND$ Utility Billing (CX) module, originally designed as a water utility billing system. Because that module was not designed to manage refuse billing and account management, routes were improperly managed. Poorly managed routes led to unbalanced workload distribution, slow route completion times, and community complaints. Since implementation in 2010, RouteSmart has helped staff optimize the workload of 16 crews running a total of nearly 80 routes per week.

BACKGROUND
The City issued a Request for Proposals (Specification N. 09-10440-C) for route optimization software in July 2009, and received three responses. The RFP responses were evaluated by staff from the Public Works, Information Technology and Finance Departments; and RouteSmart Technologies Inc. was identified as the vendor that could provide the best value to the City. In 2010, RouteSmart Technologies Inc. successfully installed its software, configured integration with the FUND$ Utility Billing (CX) module, and provided training to Zero Waste Division staff.

Internal
Contract No. 8318C Amendment: RouteSmart Technologies, Inc. Software Maintenance CONSENT CALENDAR May 20, 2025

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
RouteSmart software identifies the shortest, most efficient route possible for Zero Waste Division trucks, which helps reduce the City’s carbon footprint.

RATIONALE FOR RECOMMENDATION
RouteSmart software has improved pickup times, balanced workloads, and enhanced customer service. RouteSmart Technologies, Inc. has delivered consistent, high quality support and consulting services .

ALTERNATIVE ACTIONS CONSIDERED
Zero Waste considered hiring a consultant to maintain the RouteSmart system.

However, employing a consultant would be more costly than retaining RouteSmart Technologies Inc. to provide ongoing maintenance and support. If ongoing maintenance is discontinued, staff would pursue an alternative system and invest resources into ensuring integration with existing City financial systems.

CONTACT PERSON
Leticia Jaurequi, Solid Waste & Recycling Manager, Public Works, (510) 981-6362 Attachment:
1: Resolution

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

CONTRACT AMENDMENT: CONTRACT NO. 81671-1 (8318C) – ROUTESMART TECHNOLOGY INC. FOR ZERO WASTE ROUTE OPTIMIZATION SOFTWARE

MAINTENANCE
WHEREAS, prior to the RouteSmart Technologies software implementation, maintenance of Zero Waste (previously Solid Waste) routes was conducted via a very time-consuming, manual process; and
WHEREAS, in 2009, the City issued a Request for Proposal (Specification No. 09- 10440-C) for route optimization software, in an effort make the routing process more efficient; and
WHEREAS, a review panel including staff in the Zero Waste Division, Information Technology Department, and Finance Department performed a thorough evaluation of the proposals and determined that RouteSmart Technologies could best meet the City’s needs; and
WHEREAS, the RouteSmart Technologies software has greatly reduced staff time required to maintain the routes, increased the efficiency of the pickup schedules, and led to improved customer satisfaction; and
WHEREAS, City and Contractor previously entered into Contract Number 8318, dated April 28, 2010 which Contract was authorized by the Berkeley City Council by Resolution No. 64,667 – N.S; and
WHEREAS, on April 9, 2014, the City Manager authorized an amendment to extend the contract through June 30, 2014; and
WHEREAS, on June 3, 2014, by Resolution No. 66,608-N.S., the Berkeley City Council authorized Contract Number 8318A for a new not-to-exceed amount of $154,000; and, WHEREAS, the City Manager authorized a contract extension through June 30, 2021; and
WHEREAS, the City Manager authorized a contract extension through June 30, 2022; and
WHEREAS, the City Manager authorized a contract extension through June 30, 2023; and

WHEREAS, the City Manager authorized a contract extension through June 30, 2024; and

May 20, 2025

WHEREAS, on June 28, 2024, the City Manager authorized a contract extension through June 30, 2025 ; and
WHEREAS, funds for this contract are available in FY 2025 and subject to appropriation in FY 2026 in the Zero Waste Fund 601 (601-54-627-734-3023-000-472-613130).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 81671-1 (8318C) with RouteSmart Technologies Inc. for software license maintenance and support of the RouteSmart software, increasing the amount of the current contract by $25,000 for a total not to exceed $235,743 from June 30, 2025 through June 30, 2026.

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 20, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Department of Public Works Subject: Declaration of Intent – Fiscal Year 2026 Street Lighting Assessments

RECOMMENDATION
Adopt two Resolutions granting the City Manager the authority to:

1. Approve the Engineer's Reports; and

2. Set a public hearing to be held before the Council of the City of Berkeley at its June 17, 2025, meeting; and

3. Authorize the City Clerk to publish a Notice of the Public Hearing for Fiscal Year 2026 Levy of Assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018.

FISCAL IMPACTS OF RECOMMENDATION
The Resolutions would conditionally approve, pending the public hearing and final Council authorization thereafter, the continued levying of assessments in Fiscal Year (FY) 2026 for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018, collectively referred to herein as the Districts.

The assessments are to be filed with the Alameda County Auditor and included on the County's assessment roll. After collection by the County, the total amount of the assessment minus a County collection fee is paid to the City. The Street Light Assessment District Fund (Fund 142) receives the revenue.

The projected net shortfall of $1,206,621 will be backfilled by reserves. A summary of forecasted FY 2026 revenue and expenditures for the Districts is shown in Table 1.

Declaration of Intent - FY 2026 Street Lighting Assessment Districts CONSENT CALENDAR May 20, 2025

Table 1: FY 2026 Street Light Assessment Revenue & Expenditures Forecast Street Lighting Program Expenditures $ 3,635,213
Projected Assessments
Street Light Assessment District 1982-1 $ 1,445,460
Street Light Assessment District 2018 $ 907,485
Misc. Revenue $ 75,647
Projected Net Assessments $ 2,428,592
From Reserves $ (1,206,621
)
Allowable annual adjustments of the 2018 District assessment rates are expected to raise revenues over the coming years.

CURRENT SITUATION AND ITS EFFECTS
The proposed FY 2026 rates for Assessment District 1982-1 (1982 District) are incorporated into the Engineer's Report (Attachment 3) and reflect no changes to assessment rates in FY 2026. Accordingly, this action is exempt from the notice, protest, and hearing requirements of State Proposition 218 as set forth in Government Code Section 53753.5 (Article XIII D, Sec. 5). Any increase or change in the formula for the assessments would make the annual assessment subject to procedures and approval process of Proposition 218 (Government Code Section 53750-53754). Table 2 details prior year and proposed FY 2026 assessment rates.

Table 2: Street Lighting Assessment District No. 1982-1 Rate Schedule Rate Category
Assessment
FY 2025
Proposed
Assessment
FY 2026
Unit
Residential and
Institutional
$ 0.0108 $ 0.0108 BSF1
Industrial and Utility $ 0.0216 $ 0.0216 BSF
Commercial $ 0.0432 $ 0.0432 BSF
The assessment for Street Lighting Assessment District 2018 (2018 District) is subject to an annual adjustment tied to the Consumer Price Index-U for the San Francisco Bay Area as of December of each succeeding year (the "CPI"), with a maximum annual adjustment not to exceed 3%. For the period beginning in December 2023 and ending 1 Building Square Footage (BSF)

Declaration of Intent - FY 2026 Street Lighting Assessment Districts CONSENT CALENDAR May 20, 2025

in December 2024, the CPI increased by 2.38% 2, therefore, the assessment CPI adjustment for Fiscal Year 2026 may not exceed 2.38%. As approved by voters, the total annual adjustment may be calculated by taking the sum of the 1982-1 District and 2018 District assessments and multiplying the sum by the allowable CPI increase.

Calculating the adjustment in this manner allows for including a 1982-1 District adjustment as part of the 2018 District adjustment. The CPI adjustment of 2.38% is applied to the combined total of the 1982-1 and 2018 District assessments, resulting in a total effective rate increase of approximately 6.24% for the 2018 District.

These rate increases and the methodology used in their calculation are in accordance with the voter-approved measure; therefore, the proposed adjustments are exempt from the notice, protest, and hearing requirements of State Proposition 218 as set forth in Government Code Section 53753.5 (Article XII D, Sec. 5).

Table 3 details FY 2025 and proposed FY 2026 assessment rates for this district. A detailed calculation of the annual adjustment and the corresponding rate increases are included in the 2018 District Engineer's Report (Attachment 4). 2 Bureau of Labor Statistics, Data Series CUUSS49BSA0

Declaration of Intent - FY 2026 Street Lighting Assessment Districts CONSENT CALENDAR May 20, 2025

Table 3: Street Lighting Assessment District 2018 Rate Schedule Rate Category
Assessment
FY 2025
Proposed
Assessment
FY 2026
Unit
Residential
Single Family $ 17.96 $ 19.08 parcel
Multi-Family<5 units $ 14.37 $ 15.26 unit
Multi-Family 5 or more units $ 10.78 $ 11.45 unit
Condominium $ 14.37 $ 15.26 parcel
Mobile Home $ 8.98 $ 9.54 unit
Multiple SFR on parcel $ 17.96 $ 19.08 unit
Non-Residential
General Commercial $ 269.40 $ 286.20 acre
Industrial / Warehouse $ 26.94 $ 28.62 acre
Auto Repair $ 179.60 $ 190.80 acre
Hotel / Motel / Boarding $ 179.60 $ 190.80 acre
Hospital $ 112.25 $ 119.25 acre
Retirement Home $ 22.45 $ 23.85 acre
School / Day Care $ 40.41 $ 42.93 acre
Medical / Dental / Vet $ 224.50 $ 238.50 acre
Church $ 13.47 $ 14.31 acre
Mortuary $ 4.49 $ 4.77 acre
Recreational $ 44.90 $ 47.70 acre
Parking / Transportation $ 89.80 $ 95.40 acre
Mini Storage $ 13.47 $ 14.31 acre
Office $ 67.35 $ 71.55 acre
Bank $ 224.50 $ 238.50 acre
Park / Open Space / Agriculture $ 0.90 $ 0.95 acre
Vacant Not assessed

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

BACKGROUND
The Berkeley Street Lighting Assessment District No. 1982-1 was established under the Landscaping and Lighting Act of 1972 (Streets and Highway Code Section 22620-

Declaration of Intent - FY 2026 Street Lighting Assessment Districts CONSENT CALENDAR May 20, 2025

22631) on July 27, 1982 (Resolution No. 51,449-N.S.)3. The Street Lighting Assessment District 2018 was established under the same Act on June 12, 2018 (Resolution No. 68,482-N.S.). Even if there is no proposed rate increase, the Landscaping and Lighting Act of 1972 still requires the Council to annually adopt the Engineer’s Report and set a public hearing.

In accordance with the Landscaping and Lighting Act of 1972, the Council sets a date for a public hearing and authorizes the publication of a notice at least ten days prior to the date of that hearing to allow owners of assessed properties within each district to make an oral or written protest against the annual levy. During the course of, or upon conclusion of the public hearing, the Council may order changes in any of the matters provided in the respective Engineer's Report, including changes in improvements; zones within the assessment district; and the proposed district diagram, or the proposed assessment, as long as any proposed changes are less than the proposed annual levy.

Copies of the Engineer's Reports with FY 2026 assessments are to be filed with the City Clerk and at the reference desk of the main branch of the Berkeley Public Library.

Electronic copies of the reports and finalized assessment rolls will also be available to the public upon request.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City exclusively uses LED (light emitting diode) street lighting. LED lights achieve the City’s illumination standards and last longer than high-pressure sodium lamps, reducing maintenance costs, and providing environmental benefits by reducing the level of greenhouse gases emitted, reducing the level of toxic materials disposed, and maximizing energy efficiency.

RATIONALE FOR RECOMMENDATION
The Landscaping and Lighting Act of 1972, under which the Districts were formed, requires a public hearing to be held each year during a regular City Council Meeting to consider adopting an annual budget and changes to the Engineer's Report. Failing to meet these requirements would prevent the City from collecting assessments for the Districts in FY 2026.

CONTACT PERSON
Wahid Amiri, Deputy Director, Department of Public Works, (510) 981-6396 Ronald A. Nevels, Manager of Engineering, Public Works, (510) 981-6439 3 State of California legislation (Streets & Highways §22500) allows local governmental agencies to form Landscape & Lighting Maintenance Districts. A 1972 Act Landscaping and Lighting District is a flexible tool used by local government agencies to pay for landscaping, lighting and other improvements and services in public areas. It is based on the concept of assessing only those properties that benefit from improvements financed, either directly, or indirectly through increased property values. http://www.californiataxdata.com/pdf/1972LLact.pdf

Declaration of Intent - FY 2026 Street Lighting Assessment Districts CONSENT CALENDAR May 20, 2025

Attachments:
1: Resolution – Declaration of Intent – Street Lighting Assessment District 1982-1 2: Resolution – Declaration of Intent – Street Lighting Assessment District 2018 3: Engineer's Report - Street Lighting Assessment District 1982-1 Fiscal Year 2026 4: Engineer's Report - Street Lighting Assessment District 2018 Fiscal Year 2026

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

DECLARATION OF INTENT – ASSESSMENTS FOR FY 2026 STREET LIGHTING ASSESSMENT DISTRICT 1982-1
WHEREAS, on July 27, 1982, the Council Adopted Resolution No. 51,449–N.S. that completed proceedings to form the Berkeley Street Lighting Assessment District No. 1982-1; and
WHEREAS, pursuant to Chapter III of the Landscaping and Lighting Act of 1972 Street and Highway Code Section 22620-22631, the Department of Public Works, Engineering Division, Engineer of Work for Berkeley Street Lighting Assessment District No. 1982-1, prepared and filed an annual report for levy of annual assessments for Fiscal Year (FY) 2026 with the City Clerk.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council of the City of Berkeley approves the Engineer’s Report, dated April 2025, on levy of FY 2026 for Berkeley Street Lighting Assessment District 1982-1 assessments. The area of land to be assessed is located in the City of Berkeley, Alameda County.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley declares its intention to levy and collect assessments within the Berkeley Street Lighting Assessment District 1982-1 for FY 2026.

BE IT FURTHER RESOLVED that the City Clerk shall publish a notice at least ten (10) days prior to the date of the public hearing listing the date, hour, and place of the public hearing for annual levy and collection of assessments in accordance with Streets and Highway Code Sections 22625, 22626, 22552, and 22553 and Section 6061 of the Government Code.

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

BE IT FURTHER RESOLVED that the annual report for Fiscal Year 2026 for which assessments are to be levied and collected to pay the costs of the improvements described in the report prepared by the Department of Public Works, Engineering Division, in accordance with the Landscaping and Lighting Act of 1972 is filed with the Office of City Clerk. All interested persons are referred to that report for a full and detailed

May 20, 2025

description of improvements, boundaries of the assessment district, and proposed assessments upon assessable lots and parcels of land within the assessment district.

BE IT FURTHER RESOLVED that at 6:00 PM on Tuesday, June 17, 2025, the City Council will conduct a public hearing. The hearing may be held in the School District Board Room at 1231 Addison Street, Berkeley, CA 94702. The Council will consider all objections or protests, if any, to the proposed assessment. Any interested person may present written or oral testimony at the public hearing.

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

DECLARATION OF INTENT – ASSESSMENTS FOR FY 2026 STREET LIGHTING ASSESSMENT DISTRICT 2018
WHEREAS, on June 12, 2018, the Council Adopted Resolution No. 68,432–N.S. that completed proceedings to form the Street Lighting Assessment District 2018; and WHEREAS, pursuant to Chapter III of the Landscaping and Lighting Act of 1972 Street and Highway Code Section 22620-22631, the Department of Public Works, Engineering Division, Engineer of Work for Street Lighting Assessment District 2018, prepared and filed an annual report for levy of annual assessments for Fiscal Year (FY) 2026 with the City Clerk.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley approves the Engineer’s Report, dated April 2025, on the levy of assessments for FY 2026 for Street Lighting Assessment District 2018. The area of land to be assessed is located in the City of Berkeley, Alameda County.

BE IT FURTHER RESOLVED that the proposed annual adjustments of assessments are in compliance with the provisions of Proposition 218 because adjustments are in accordance with adjustment formulas established when the assessment district was formed.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley declares its intention to levy and collect assessments within the Street Lighting Assessment District 2018 for FY 2026.

BE IT FURTHER RESOLVED that the City Clerk shall publish a notice at least ten (10) days prior to the date of the public hearing listing the date, hour, and place of the public hearing for annual levy and collection of assessments in accordance with Streets and Highway Code Sections 22625, 22626, 22552, and 22553 and Section 6061 of the Government Code.

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

BE IT FURTHER RESOLVED that the annual report for Fiscal Year 2026 for which assessments are to be levied and collected to pay the costs of the improvements

May 20, 2025

described in the report prepared by the Department of Public Works, Engineering Division, in accordance with the Landscaping and Lighting Act of 1972 is filed with the Office of City Clerk. All interested persons are referred to that report for a full and detailed description of improvements, boundaries of the assessment district, and proposed assessments upon assessable lots and parcels of land within the assessment district.

BE IT FURTHER RESOLVED that a public hearing will be held at 6:00 PM on Tuesday, June 17, 2025.. The hearing may be held in the School District Board Room at 1231 Addison Street, Berkeley, CA, 94702. The City Council will consider all objections or protests, if any, to the proposed assessment. Any interested person may present written or oral testimony at the public hearing.

Internal
ATTACHMENT 3
1 CITY OF BERKELEY

STREET LIGHTING
ASSESSMENT DISTRICT No. 1982-1
ENGINEER’S REPORT
on the
Levy of an Assessment
for
Fiscal Year 2026
April 2025
Prepared by

RONALD NEVELS, PE

CITY OF BERKELEY

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

Internal
STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 2 TABLE OF CONTENTS
BACKGROUND ......................................................................................................................................................3 PLANS AND SPECIFICATIONS.................................................................................................................................3 METHODOLOGY ...................................................................................................................................................3 ESTIMATE OF COSTS .............................................................................................................................................3 DIAGRAM .............................................................................................................................................................4 ASSESSMENT ........................................................................................................................................................5 APPENDIX A: FY 2026 ASSESSMENT ROLL .............................................................................................................7

LIST OF TABLES
Table 1- FY 2026 Street Light Fund Forecast ..........................................................................................................4

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

This report was prepared and filed pursuant to Division 15, Part 2, of the California Streets and Highway Code Section 2250, and is exempt from Government Code Section 53753 since the proposed assessment for FY 2026 will not be increased.

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

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

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

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

Internal
STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 4 An estimate of costs for the maintenance of the improvements is provided in the fiscal year (FY) 2026 Street Light Assessment Fund (Fund 142) forecast provided below.

Table 1- FY 2026 Street Light Fund Forecast
Expenses
Personnel Expenses $ 747,790
Non-Personnel Expenses
Non-Personnel $ 452,239
Debt Service $ 217,907
PG&E Electric Costs $ 498,352
Indirect Costs $ 84,929
Operating Transfer Out $ 12,120
County Collection Fee $ 37,367
Subtotal Non-Personnel Costs $ 1,703,054
Capital Expenses
Deferred Capital/Maintenance $ 424,465
Subtotal Capital Expenses $ 424,465
Total Expenses $ 2,875,309
Assessments & Other Revenue
Street Light Assessment District 1982-1 $ 1,445,460
Street Light Assessment District 2018 $ 907,485
Misc. Revenue $ 500
Total Revenue $ 2,353,445
Deficit – To (from) General Fund and/or
Reserves $ (521,864)

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

Internal
STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 5 ASSESSMENT
Except as described below, the assessments to be made against the assessable lots and parcels of land within this assessment district are contained in the “2025 Assessment Roll” for this district, which roll is filed herewith and incorporated herein by this reference thereto.

Said assessment roll filed herewith is based on data contained in the City’s 2025 Library Tax tape and the County Assessor’s 2025 maps. In the event that data contained in the 2025 Library Tax tape and 2025 maps, when issued, conflict therewith, assessments to be made against the affected parcels for this 2026 Fiscal Year shall be based upon the revised data contained in said 2026 tape and 2026 maps.

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

Internal
STREET LIGHTING ASSESSMENT DISTRICT 1982-1 ATTACHMENT 3 7 APPENDIX A: FY 2026 ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the City of Berkeley Street Lighting Assessment District 1982-1 and the amount of the assessment) has been filed with the City Engineer, and is, by reference, made part of this report and will be available for public inspection during normal office hours.

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

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

FY 2026

City of Berkeley
Street Lighting Assessment District 2018
May 2025

(This Page Intentionally Left Blank)

City of Berkeley
Street Lighting Assessment District 2018
FY 2026
Page i

CITY OF BERKELEY
City Council
Adena Ishii, Mayor
Rashi Kesarwani, District 1
Terry Taplin, District 2
Ben Bartlett, District 3
Igor Tregub, District 4
Shoshana O’Keefe, District 5
Brent Blackaby, District 6
Cecilia Lunaparra, District 7
Mark Humbert, District 8

City Manager
Paul Buddenhagen

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

City Attorney
Farimah Brown

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

City of Berkeley
Street Lighting Assessment District 2018
FY 2026
Page ii

TABLE OF CONTENTS

Introduction  ...................................................................................................... 1 Overview ......................................................................................................................  1 Assessment Formation Process  ....................................................................................  2 Legal Requirements  ......................................................................................................  2 Proposition 218  2
Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority  3
Dahms v. Downtown Pomona Property  4
Bonander v. Town of Tiburon  4
Beutz v. County of Riverside  5
Golden Hill Neighborhood Association v. City of San Diego  5 Compliance with Current Law  5
Plans and Specifications  .................................................................................... 6 Fiscal Year 2026 Budget .................................................................................... 8 Method of Assessment ................................................................................... 10 Discussion of Benefit ..................................................................................................  10 Special Benefit  ............................................................................................................  11 Improved Visibility and Safety  11
Improved Access, Navigation and Traffic Safety  11
Improved Community Character and Vitality  11
General Versus Special Benefit ..................................................................................  12 Quantification of General Benefit ..............................................................................  12 Calculation of General Benefit  13
Calculation of the Current General Benefit Contribution from the City  15 General Benefit is More than Offset by City Contribution  15 Method of Assessment  ...............................................................................................  15 Residential Traffic  16
Non‐Residential Traffic  16
Darkness  17
Single‐Family Equivalents  17
Annual Assessment Increase  ......................................................................................  18 Duration of Assessment .............................................................................................  19 Appeals and Interpretation ........................................................................................  19

City of Berkeley
Street Lighting Assessment District 2018
FY 2026
Page iii

Assessment Statement ................................................................................... 20 Assessment Diagram  ....................................................................................... 22 Appendix A – SANDAG Trip Generation Tables ............................................... 23 Appendix B – Assessment Roll ........................................................................ 25

City of Berkeley
Street Lighting Assessment District 2018
FY 2026
Page iv

List of Tables
Table 1 – FY 2026 Budget Summary ................................................................................... 8 Table 2 – General Benefit for Arterial Streets .................................................................. 14 Table 3 – Calculation of General Benefit .......................................................................... 14 Table 4 – Single‐Family Equivalent Rates  .......................................................................... 18 Table 5 – Maximum Single‐Family Equivalent Rate Calculation  ....................................... 19

City of Berkeley
Street Lighting Assessment District 2018
FY 2026
Page v

List of Figures
Figure 1 – Assessment Diagram  ........................................................................................ 22

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Introduction
Overview
The City of Berkeley (“City”) provides maintenance and servicing of certain publicly‐ owned street lights throughout the City. In order to fund the installation, maintenance and operation (the “Services”) of these improvements (“Improvements”), the City formed a city‐wide street light assessment district in 1982. The rates for the 1982 assessment district have never been increased. Revenues from these assessments are placed into the streetlight fund (Fund 142).

In time, the financial outlook of the Streetlight fund began to cause concern as the costs increased for energy, labor and materials, while the revenue remained relatively static.

Accordingly, the Streetlight fund no longer had enough funds to fund the Street light program. As a result, beginning in Fiscal Year 20061 the Streetlight fund began to receive a subsidy from the City’s General Fund in order to balance revenues with expenditures.

However, because of other demands on the General Fund, that subsidy ended beginning Fiscal Year 2018. The modest fund balance was sufficient for Fiscal Year 2018 to cover that year’s anticipated expenses, but under those conditions it was expected to be depleted during Fiscal Year 2019. To establish financial sustainability for the Streetlight fund and avoid significant reductions in service levels, in 2018 the City conducted a funding measure to increase the assessment revenue for street light services.

With the passage of Proposition 218 in 1996, any increase in assessments must be approved by the affected property owners through a specified ballot proceeding. In addition, Proposition 218 and related subsequent court decisions create strict criteria for how assessments can be apportioned to the various properties, and the existing 1982 assessment structure may not be adequately consistent with these newer criteria.

While the 1982 assessment structure may continue as a “grandfathered” assessment, any increase must be implemented in accordance with Proposition 218 and court decisions. For this reason, a new district, Street Lighting Assessment District 2018 (“District”), was formed separately, leaving the 1982 assessment structure in place, as is. The District was formed and the assessments levied pursuant to Part 2 of Division 15 of the California Streets and Highways Code, commonly known as the Landscape and Lighting Act of 1972 (“Act”), and Article XIIID of the California Constitution (“Article”). 1 Fiscal years are referenced in this Report by the year that fiscal period ends. For example, Fiscal Year 2006 would cover the period from July 1, 2005 through June 30, 2006.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Assessment Formation Process
This Engineer’s Report (“Report”) describes the Street Lighting Assessment District 2018 ( “ D i s t r i c t ” ) ,  a l o n g  w i t h  t h e  b o u n d a r i e s ,  a  d e s c r i p t i o n  o f  t h e  facilities  and  public improvements  to  be  improved,  serviced  and  maintained  by  the  ass essments  (the "Improvements”), and the proposed assessments for Fiscal Year 2026 (“Assessments”).

At its meeting on April 3, 2018, the City Council passed a resolution directing that a notice of  assessment  and  assessment  ballot  be  mailed  to  property  owners wi t h in  th e  Di st r i ct whose property receives special benefit from the Improvements.  The notice included a description  of  the  Improvements  to  be  funded  by  the  Assessments ,  the  proposed assessment  amount  for  each  parcel  owned,  and  an  explanation  of  the  method  of completing and submitting the ballot. Ballots were mailed on or about April 11, 2018.

On  May  29,  2018,  a  public  hearing  was  be  held  for  the  purpose  o f  allowing  public testimony regarding the proposed Assessments. At the Public Hearing, the public had the o p p o r t u n i t y  t o  s p e a k  o n  t h e  i s s u e ,  v o i c e  a n y  c o n c e r n s  o r  p r o t e sts,  and  obtain  further information about the proposed Assessments.

The returned ballots were then t abulated, and the ballot result s were announced at the City Council  meeting on June 12,  2018. It  was determined that  t he assessment ballots s u b m i t t e d  i n  o p p o s i t i o n  t o  t h e  p r o p o s e d  A s s e s s m e n t s  d i d  n o t  e x ceed  the  assessment b a l l o t s  s u b m i t t e d  i n  f a v o r  o f  t h e  A s s e s s m e n t s  ( e a c h  b a l l o t  w a s  weighted  by  the proportional financial obligation of the property for which the  ballot was submitted), so the Council was able to take action to approve the levying of A ssessments for Fiscal Year 2019. The Assessments were confirmed and approved, and the Asse ssment information was submitted to the County Auditor/Controller. The County Auditor/Controller included the Assessments on the property tax roll beginning in Fiscal Year 2019. Assessments may now be continued by the City Council from year to year.

Legal Requirements
Proposition 218
This Assessment District was formed consistent with Proposition  218, The Right to Vote on Taxes Act, which was approved by the voters of California on  November 6, 1996 and is now codified as Articles XIIIC and XIIID of the California C onstitution. Proposition 218 provides  for  benefit  assessments  to  be  levied  to  fund  the  cost o f  p r o v i d i n g  s e r v i c e s , improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Proposition  218  describes  a  number  of  important  requirements,  including  property‐ owner  balloting  for  the  imposition,  increase  and  extension  of  assessments,  and  these requirements are satisfied by the process used to establish this Assessment District.

Silicon Valley Taxpayers Association, Inc. v. Santa Clara Count y Open Space Authority
In July 2008, the California Supreme Court decided Silicon Vall ey Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”), the most significant court case clarifying  the  substantive  assessment  requirements  of  Proposition  218.  Several  of  the most important elements of the decision included further emphas is that:
 Benefit assessments are for special benefits to property, not general benefits.  The services and/or improvements funded by assessments must be clearly defined.
 Assessment districts must be drawn to contain all parcels that receive a special benefit from a proposed public improvement.
 Assessments paid in each assessment district must be proportional to the special benefit received by each such parcel from the improvements and services funded by the assessment.

This Engineer’s Report and the process used to establish the Assessments are consistent with  the  SVTA  decision  and  with  the  requirements  of  Article  XIIIC  and  XIIID  of  the California Constitution based on the following factors:

1. The District is narrowly drawn to include only the properties t hat receive special benefit from the specific Improvements. Thus, zones of benefit are not required, and the assessment revenue derived from real property in the District is extended only on the Improvements in the District.

2. The Improvements which will be constructed and maintained with  Assessment proceeds in the District are located in close proximity to the real property subject to  the  Assessment.  The  Improvements  provide  illumination  to  str eets  and sidewalks enabling improved access to the residents of such ass essed property.

The  proximity  of  the  Improvements  to  the  assessed  parcels  and  the  improved access and increased safety provided to the residents of the as sessed parcels by the  Improvements  provides  a  special  benefit  to  the  parcel  being   assessed pursuant to the factors outlined by the Supreme Court in that decision.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

3. Due to their proximity to the assessed parcels, the Improvement s financed with Assessment  revenues  in  the  District  benefit  the  properties  in  that  District  in  a manner different in kind from the benefit that other parcels of  real property in the  area  derive  from  such  Improvements,  and  the  benefits  conferred  on  such property in the District are more extensive than a general incr ease in property values.

4. The assessments paid in the Distr ict are proportional to the sp ecial benefit that each parcel within the District receives from the Improvements because:
a) The costs of the specific lighting Improvements and maintenance and utility costs in the District are specified in this Report; and

b) Such Improvement and maintenance costs in the District are allocated among different types of property located within the District and equally among those properties which have similar characteristics, such as single‐ family residential parcels, multi‐family residential parcels, commercial parcels, industrial parcels, etc.

Dahms v. Downtown Pomona Property
On June 8, 2009, the Court of Appeal amended its original opini on upholding a benefit assessment  for  property  in  the  downtown  area  of  the  City  of  Pom ona  in  Dahms  v.

Downtown Pomona Property (“Dahms”). On July 22, 2009, the California Supreme Court denied review. In Dahms the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services an d improvements funded by the assessments were directly provided to property in the asses sment district. The Court also upheld discounts and exemptions from the assessment for certain properties.

Bonander v. Town of Tiburon
On December 31, 2009, in Bonander v. Town of Tiburon (“Bonander”), the Court of Appeal overturned  a  benefit  assessment  approved  by  property  owners  to  pay  for  placing o v e r h e a d  u t i l i t y  l i n e s  u n d e r g r o u n d  i n  a n  a r e a  o f  t h e  T o w n  o f  T iburon. The  Court invalidated  the  assessments  primarily  on  the  grounds  that  the  assessments  had  been apportioned to assessed property based in part on relative costs within sub‐areas of the assessment  district  instead  of  the  overall  cost  of  the  improveme n t s  a n d  t h e  o v e r a l l proportional special benefits.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Beutz v. County of Riverside
On  May  26,  2010  the  Court  of  Appeals  issued  a  decision  in  Steven  Beutz  v.  County  of Riverside  (“Beutz”). This  decision  overturned  an  assessment  for  park  maintenance i n Wildomar,  California,  primarily  because  the  general  benefits  as sociated  with improvements and services was not explicitly calculated, quanti fied and separated from the special benefits.

Golden Hill Neighborhood Association v. City of San Diego On  September  22,  2011,  the  Court  of  Appeal  issued  a  decision  in   Golden  Hill Neighborhood  Association  v.  City  of  San  Diego  appeal. This  deci sion  overturned  an assessment  for  street  and  landscap ing  maintenance  in  the  Greate r  Golden  Hill neighborhood of San Diego, California. The Court described two  primary reasons for its decision. First, like in Beutz, the Court found the general benefits associated with services were  not  explicitly  calculated,  quantified  and  separated  from  t he  special benefits. Second,  the  Court  found  that  the  City  failed  to  recor d  the  basis  for  the assessment on its own parcels.

Compliance with Current Law
This Engineer’s Report is consistent with the requirements of A rticles XIIIC and XIIID of the California Constitution and with the  SVTA decision because the Improvements to be funded are clearly defined; the I mprovements are directly avail able to and will directly benefit  property  in  the  District;  and  the  Improvements  provide a  direct  advantage  to property in the District that would not be received in absence of the Assessments.

This Engineer’s Report is consistent with  Beutz, Dahms and Greater Golden Hill  because the Improvements will directly benefit property in the District  and the general benefits have been explicitly calculated and quantified and excluded fro m the Assessments. The Engineer’s  Report  is  consistent  with  Bonander b e c a u s e  t h e  A s s e s s m e n t s  h a v e  b e e n apportioned based on the overall cost of the Improvements and Services and proportional special benefit to each property.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Plans and Specifications
The work and Improvements to be undertaken by the City and the cost paid from the levy of the annual assessment provide special benefit to assessor pa rcels within the District defined in the Method of Assessment herein. Consistent with the Act, the Improvements are generally described as follows:

The  installation,  maintenance,  and  servicing  of  local  street  lights  in  close  proximity  to certain lots and parcels which provide a direct special benefit to such lots or parcels.

The  installation,  maintenance,  and  servicing  of  peripheral  stree t  l i g h t  st r u c t u r e s  w h i c h provide a special benefit to all  the assessable parcels within  the District whether or not such parcels are in close proximity to such lighting.

The installation or construction of public lighting facilities, or the acquisition of any new improvements.

Plans and Specifications for the Improvements for the District are voluminous and are not bound  in  this  Report  but  by  this  reference  are  incorporated  and  made  a  part  of  this Report. The  Plans and Specifications are on file in the Public  Works Engineering  Office where they can be made available for public inspection.

Article XIII D of the California Constitution defines "maintenance and servicing expenses" as, "the cost of rent, repair, replacement, rehabilitation, fue l, power, electrical current, care  and  supervision  necessary  to  properly  operate  and  maintain  a  permanent  public improvement.”  The  Improvement  funding  includes,  but  is  not  limited  to,  the  removal, repair,  replacement  or  relocation  of  light  standards,  poles,  bu lbs,  fixtures  and appurtenances,  electrical  energy,  supplies,  engineering  and  incidental  costs  relating  to the maintenance and servicing of the local lighting improvement s benefiting the parcels within the District.

The Improvements to be maintained and serviced within the District are to be part of the local street light system of the City of Berkeley that confers special benefit to the District's parcels.  The  specific  location  of  local  street  light  Improvements  within  the  City  can  be found in the Streetlight Condition Assessment by Tanko Lighting , which is on file in the office of the Director of Public Works, where it is available for public inspection.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

The Improvements to be maintained and serviced within the Distr ict include City‐owned street  lights  within  the  right  of  way  of  the  local  public  stree t s  l o c a t e d  w i t h i n  t h e boundaries of the District. These lights are all within close proximity to the parcels within the District identified as receiving local lighting benefit in the Method of Assessment, and, as such, provide special benefit to these parcels.

All street light maintenance will be performed by the City of Berkeley or its contractors.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Fiscal Year 2026 Budget
A  summary  budget  for  fiscal  year  2026  for  the  maintenance  of  the  Improvements  is provided below. The full Itemized budget for the Assessment District is voluminous and is not bound in this report but by reference is incorporated and m ade a part of this report.

The Itemized budget is on file in the Department of Public Work s where it is available for public inspection.

Table 1 – FY 2026 Budget Summary
FY 2026
Revenue
1982 Assessment Dist 1,445,460$
SLAD 2018 Assessments 1 907,485
Misc. Revenue  500
TOTAL REVENUE 2,353,445$
Expenses
Personnel Expenses
Personnel 747,790
Other Operating Expenses
Non‐Personnel 608,200
Indirect Costs 76,071
Gas/Electricity 670,215
Debt Service Payment 293,055
Operating Transfer Out 16,300
County Collection Fee 39,214
Other Operating Subtotal 1,703,055$
Capital Expenses
Deferred Capital/Maint 424,465
Capital Subtotal 424,465$
TOTAL EXPENSES 2,875,310$
To (from) General Fund and/or Reserves (521,865)$
Budget Allocation to Parcels
Total Street Light 2018 Assessments 1 907,485$
Total Street Light 2018 SFEs 47,555.425
Assessment per SFE 2 19.08$

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Notes on the Budget:

1. The Act requires that proceeds from the Assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the Assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The City may also establish a reserve fund for contingencies and special projects, as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments.

2. The rate shown here is for a Single‐Family Equivalent (“SFE”), which is a single‐family home or its equivalent. For the definition of the term SFE and rates for other types of property, see the section titled, “Method of Assessment” and the sections following it in this report.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Method of Assessment
This section of the Engineer’s Report includes an explanation of the benefits derived from the installation, maintenance and servicing of the Improvements  throughout the District and the Assessment methodology used to apportion the total Asse ssment to properties within the District.

The  District  consists  of  all  assessor  parcels  within  the  boundaries  as  defined  by  the Assessment  Diagram  and  the  parcels  identified  by  the  Assessor  Parcel  Numbers  listed with the levy roll included with this Report. The parcel list includes all assessable privately and publicly owned parcels within the boundaries. The method used for apportioning the Assessment is based on the proportional special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two‐step process: the first step is to identify the types of special benefit arising from the Improvem ents and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property.

Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.

This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner’s use of the Improvements or a property owner’s  specific  demographic  status.  With  reference  to  the  requ irements  for Assessments, Section 22573 of the Act states:

The net amount to be assessed  upon lands within an assessment d istrict may be apportioned  by any formula or method which fairly  distributes t he net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that Assessments must be based on the special benefit to property:

No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Special Benefit
Street lighting is an optional improvement, not required by state or federal law, that is an enhancement over and above requisite infrastructure, and thus is a special benefit. The majority of the benefits of the street lights are received by the benefited property, with a small portion of the benefits received by the general public on  major streets only. This portion received by the general public is captured and quantified in the following section.

The factors that determine special benefit conferred on parcels are detailed below:

Improved Visibility and Safety
Well maintained, effective street lighting provides special ben efit to proximate parcels, within range of the light, because it allows for safer and improved use of the property in the evenings, early morning, and at night. Street lighting provides special benefit because it increases neighborhood safety and, at least indirectly, reduces the likelihood of crime on the proximate parcels. Over time, the Improvements continue  to confer a particular and distinct special benefit upon parcels within the District because of the nature of the Improvements.  The  proper  maintenance  of  the  street  lights  and  appurtenant  facilities increases  visibility  and  local  human  presence  and,  in  many  situ ations,  helps  reduce property‐related crimes, especially vandalism, against assessed properties in the District.

Improved Access, Navigation and Traffic Safety
Well maintained, effective street lighting enhances ingress, egress and accessibility of all forms to the assessed parcels in the evening, early morning, and at night by increasing visibility. Improved visibility also helps prevent local automo bile, bicycle, and pedestrian traffic  accidents  related  to  the  assessed  parcels.  This  benefit  includes  a  reduction  in accidents during non‐daylight hours.

Improved Community Character and Vitality
Well  maintained,  effective  street  lighting  promotes  evening  and  nighttime  social interaction of residents and customers of businesses and industry. This creates a positive atmosphere and enhanced community image in the evening and at night for the assessed parcels.

All of the above‐mentioned items also contribute to a specific  enhancement to each of the parcels within the District.  The proximate street lights ma ke each parcel safer, more visible, more accessible, more useful, more valuable and more desirable; and this further strengthens the basis of these Assessments.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

General Versus Special Benefit
The proceeds from the Assessments are used to fund the describe d Improvements and increased  levels  of  maintenance  to  the  other  City  facilities  that  serve  and  benefit  the properties in the District. In absence of the Street Lighting Assessment District 2018, such Improvements would not be properly maintained. Therefore, the D istrict’s purpose is to ensure that the necessary and beneficial public facilities for property in the District are properly maintained, operated and repaired over time. The Assessments will ensure that street  lighting  and  associated  improvements  within  and  adjacent  t o  t h e  D i s t r i c t  a r e functional,  well  maintained  and  effective.  These  public  resources  directly  benefit  the p r o p e r t y  i n  t h e  D i s t r i c t  a n d  w i l l  c o n f e r  d i s t i n c t  a n d  s p e c i a l  benefits  to  the  properties within the District.

The Improvements and Services are specifically designed, located and created to provide additional and improved resources for property inside the Distr ict and not the public at large  although  the  Improvements  maintained  by  the  Services  may  be  available  to  the general  public.  Other  properties  that  are  outside  the  District do  not  enjoy  the  unique proximity  and  other  special  benefit  factors  described  previously .  T h e s e  I m p r o v e m e n t s and Services are of special benefit to properties located withi n the District because they provide a direct advantage to properties in the District that would not be provided in the absence of the Assessments.  Any general benefits to surroundin g properties outside of the Assessment District, if any, are collateral and conferred concomitantly.

Quantification of  General Benefit
Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general. General benefits cannot be funded by these assessments. The funding for general benefits must come from other sources.

The maintenance and servicing of these Improvements is also par tially funded, directly and indirectly, from other sources, including the City of Berke ley, Alameda County, and the  State  of  California.  This  funding  comes  in  the  form  of  grants,  development  fees, special  programs,  and  general  funds,  as  well  as  direct  maintenance  and  servicing  of facilities  (e.g.  curbs,  gutters, streets,  drainage  systems,  etc.).  This  funding  from  other sources more than compensates for general benefits, if any, rec eived by the properties within the Assessment District.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

In the 2009  Dahms case, the Court upheld an asse ssment that was 100% special ben efit o n  t h e  r a t i o n a l e  t h a t  t h e  s e r v i c e s  f u n d e d  b y  t h e  a s s e s s m e n t s  w ere  directly  provided within the assessment district. It is also important  to note  th at the improvements and services  funded  by  the  assessments  in  Pomona  are  similar  to  the  improvements  and s e r v i c e s  f u n d e d  b y  t h e  A ss e s s m e n t s  d e s c r i b e d  i n  t h i s  E n g i n e e r ’ s  Report  and  the  Court found these improvements and services to be 100% special benefi t. Also similar to the assessments  in  Pomona,  the  Assessments  described  in  this  Engineer’s  Report  fund Improvements  and  Services  directly  provided  within  the  District a n d  e v e r y  b e n e f i t i n g property  in  the  District  enjoys  proximity  and  access  to  the  Improvements.  Therefore, Dahms  establishes  a  basis  for  minimal  or  zero  general  benefits  from the  Assessments.

Nonetheless,  possible  general  benefits  have  been  liberally  calculated  below  and  then shown to be more than offset by resources from non‐assessment sources.

Calculation of G eneral Benefit
The Illumination Engineering Society of North America provides a widely‐used standard for  street  lighting  which  has  become  the  de‐facto  industry  stan dard.  This  standard specifies footcandle requirements as a measurement of illumination at the roadway level, which  are  different  for  local,  collector,  and  major  streets  usi ng  three  levels (low/medium/high) of pedestrian activity. The three street classifications and pedestrian activity levels are described below with a discussion of their general benefit contribution from the street light system.

Local Streets – a street that is used to gain access to the property bordering it. The street l i g h t s  o n  l o c a l  s t r e e t s  p r i m a r i l y  s e r v e  t h e  a d j a c e n t  p r o p e r t y  owner.  Therefore,  per industry standard, the street lights on local streets have no general benefit component.

Collector Streets – low to moderate capacity roads which serve to move traffic from local streets to arterial roads. Similar to local streets, collector streets are primarily used by local  residents  and  per  industry  standard  are  also  deemed  to  have  no  general  benefit component. This street classification will be used as the basel ine for this analysis.

Arterials  –  high  capacity  streets  that  serve  as  the  principal  ne t wo r k  f o r  t h r o u g h  t r a f f i c flow. These routes connect areas of principal traffic generatio n and important regional roadways traversing the City. As such, this traffic includes a significant number of drivers from  outside  the  District  and  the  street  light  Improvements  may c o n f e r  s o m e  g e n e r a l benefit on those drivers.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

On average,  arterial streets requ ire a  45% increase in lighting  l eve l s f r om  t h e b ase l i ne collector streets.2 This increase in lighting reinforces the special benefits to t he abutting properties as defined above: increased visibility and safety; improved access, navigation and traffic safety; and improved community character and vitali ty. In addition to these benefits,  the  through  traffic  flow,  which  includes  drivers  from   outside  the  District, receives  the  additional  benefit  of  reduction  in  nighttime  accidents  due  to  enhanced lighting. The degree to which each of these benefits can be considered general benefit is shown in Table 2 below.

Table 2 – General Benefit for Arterial Streets

The general benefit from arterial streets must be combined with the general benefit from a l l  o t h e r  s t r e e t s  i n  t h e  D i s t r i c t .  E a c h  c a t e g o r y  o f  s t r e e t  h a s  its  unique  general  benefit weight, prorated by center line miles of streets. This calculation is shown in Table 3 below.

Table 3 – Calculation of General Benefit

2 Based on values from the Illumination Engineering Society of North America, “American National Standard Practice for Roadway Lighting.”
Benefit Factor
Relative
Weight
General
Benefit
Contribution
Relative
General
Benefit
Improved Nighttime Visibility and Safety 25 0% 0.0%
Improved Access, Navigation and Traffic
Safety 25 50% 12.5%
Improved Community Character and Vitality 25 0% 0.0%
Reduction in Nighttime Accidents 25 75% 18.8%
General Benefit on Arterial Streets from Improved Lighting 31.3% Street Classification
General
Benefit
Weight
General
Benefit
Local 158 73.1% 0% 0.0%
Collector 37 17.1% 0% 0.0%
Arterial 21 9.7% 31.3% 3.0%
TOTAL 216 100% 3.0%
Centerline Miles

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

A s  a  r e s u l t ,  t h e  C i t y  o f  B e r k e l e y  w i l l  c o n t r i b u t e  a t  l e a s t  3 . 0 %  of  the  total  budget  from sources other than the Assessmen t. This contribution offsets any general benefits from the Assessment Services.

Calculation of the Current Gener al Benefit Contribution from th e City This general benefit contribution is the sum of the following components:

The City of Berkeley owns, maintains, rehabilitates and replaces curb and gutter along the border of the Assessment District improvements. This curb and g utter serves to support, contain,  retain,  manage  irrigation  flow  and  growth,  and  provide  a  boundary  for  the Improvements. The contribution from the City of Berkeley toward  general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 1%.

The City of Berkeley owns and maintains a storm drainage system along the border of the District’s Improvements. This sy stem serves to prevent flooding  and associated damage to the Improvements and to manage urban runoff including local pollutants loading from the  Improvements.  The  contribution  from  the  City  of  Berkeley  toward  general  benefit from the maintenance and operation of the local storm drainage system is conservatively estimated to be 1%.

The  City  of  Berkeley  owns  and  maintains  local  public  streets  throughout  the  District.

These  public  streets  provide  access  to  the  Improvements  for  its e n j o y m e n t  a s  w e l l  a s efficient maintenance. The contribution from the City of Berkeley toward general benefit from the maintenance of local public streets is conservatively estimated to be 1%.

The value of the construction of the existing street light Improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by funds other than these Assessments, this  “annuity” can be used to off set general benefit costs and is conservatively estimated to contribute 25%.

General Benefit is More than Offset by City Contribution Therefore,  the  total  general  benefit  is  liberally  quantified  at 3 . 0 % ,  w h i c h  i s  m o r e  t h a n offset by the total non‐assessment contribution toward general benefit of 28%.

Method of Assessment
As  previously  discussed,  the  proposed  Assessments  will  provide  comprehensive Improvements  that  will  clearly  confer  special  benefits  to  properties  in  the  proposed District.  The  allocation  of  special  benefits  to  property  is  partially  based  on  the  type  of property and the size of property.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. To determine the sp ecial benefit received by individual parcels, the use of that parcel must be considered.  Each category of property can  benefit  from  street  lights  in  a  unique  way,  and  those  characteristics  must  be quantified. As noted above, the special benefit factors are as follows:
 Improved visibility and safety
 Improved access, navigation and traffic safety
 Improved community character and vitality
The  basis  for  apportioning  Assessments  is  traffic  generated  to  and  from  a  particular parcel.    This  is  used  because  the  amount  of  traffic  generated  by  a  parcel  is  directly proportional to, and effectively models, the relative quantity  of the three special benefit factors.  For instance, the more people that come and go from a  site, the more the site benefits from the improved visibility and safety. The same reasoning applies to the other special benefit factors.

Residential Traffic
The  typical  single‐family  residence  (“SFR”)  generates  approximat e l y  t e n  v e h i c u l a r  t r i p s per day. Condominium units generate approximately eight trips p er day and apartment units generate approximately six trips per day per unit. The trip generation rates that are used for each land use are based on the trip generation rates published by the San Diego Association of Governments and the Encinitas Ranch Austin Foust Traffic Study. The trip generation rates are included in Appendix A of this report.

Non‐Residential Traffic
Trip generation for non‐residential parcels vary depending on their designated land use as well as size of parcel. The trip generation data for non‐res idential land uses are based on trips per acre. For instance, a commercial parcel on two acres typically will have twice the traffic of a commercial parcel on one acre. It follows that the two‐acre parcel will then receive twice the benefit from the street lighting as the one‐acre parcel. Various land uses were  grouped  into  categories  with  similar  traffic  characteristi cs,  resulting  in  the  fee categories shown later in this report.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Darkness
Non‐residential  parcels  typically  do  not  operate  all  night  long.  The  average  period  of darkness is 12 hours, but non‐residential uses will only operat e for approximately three hours of that time. For that reason, a non‐residential darkness  factor of (3 ÷ 12 =) 25% is applied  to  those  parcels.  For  two  non‐residential  categories,  t h e  d a r k n e s s  f a c t o r  i s different, as shown below:
 Offices and banks typically close earlier than other non‐residential uses so they are assigned a darkness factor of 12.5%.
 Hotels, motels and boarding houses typically have activity further into the night than other non‐residential uses, so they are assigned a darkness factor of 50%.

Non‐residential  trip  generation  is  then  adjusted  for  the  darkness  factor  for  each  rate category.

Single‐Family Equivalents
The SFR category is used as the baseline for calculating the sp ecial benefit for all other land uses and sizes. Each rate category is assigned a single‐fa mily equivalent (“SFE”) rate using the following formula:

ADT x Darkness Factor
ADT for SFR
SFE Rate=

Where:
 ADT = Average Daily Trips for each category
 ADT for SFR = ADT for single‐family residential, which is used as a baseline figure for SFE rate
 SFE Rate = SFEs per unit shown (parcel, [living] unit, or acre) The results of these calculations for each rate category are shown in Table 4 below.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Table 4 – Single‐Family Equivalent Rates
.

Landuse Category ADT
Darkness
Factor
Adj
ADT SFE Rate Unit
Residential
Single Family 10 1 10 1.000 parcel
M ulti‐Family < 5 units 8 1 8 0.800 unit
M ulti‐Family 5 or more units 6 1 6 0.600 unit
Condominium 8 1 8 0.800 parcel
Mobile Home 5 1 5 0.500 unit
Multiple SFR on parcel 10 1 10 1.000 unit
Non‐Residential
General Commercial 600 0.25 150 15.000 acre
Industrial / Warehouse 60 0.25 15 1.500 acre
Auto Repair 400 0.25 100 10.000 acre
Hotel / Motel / Boarding 200 0.5 100 10.000 acre
Hospital 250 0.25 62.5 6.250 acre
Retirement Home 50 0.25 12.5 1.250 acre
School / Day Care 90 0.25 22.5 2.250 acre
Medical / Dental / Vet 500 0.25 125 12.500 acre
Church 30 0.25 7.5 0.750 acre
Mortuary 10 0.25 2.5 0.250 acre
Recreational 100 0.25 25 2.500 acre
Parking / Transportation  200 0.25 50 5.000 acre
Mini Storage 30 0.25 7.5 0.750 acre
Office 300 0.125 37.5 3.750 acre
Bank 1000 0.125 125 12.500 acre
Park / Open Space / Agriculture 2 0.25 0.5 0.050 acre
Vacant 0 na

Annual Assessment Increase
The Assessment is subject to an annual adjustment  tied  to the San Francisco‐Oakland‐ Hayward Consumer Price Index‐U as of December of each succeeding year (“CPI”), with a maximum  annual  adjustment  not  to  exceed  3%.  In  order  for  the  Ci ty’s  dedicated Streetlight  fund  revenue  sources  to  satisfy  cost  requirements  i nto  the  future,  the maximum rate per SFE is calculated based upon the sum of the 1982 assessment and the Street Light Assessment District 2018 Assessment.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Table 5 – Maximum Single‐Family Equivalent Rate Calculation FY 2025 FY 2026
2018 District Maximum for FY 25 852,813.42$      852,813.42$ 1982 District Maximum for FY 25 1,445,460.18$
Total for FY 25 2,298,273.60$
Maximum Increase of 2.38% of Total for FY 26 54,671.33$ FY 26 Maximum Assessment 907,484.75$
Total SFEs 47,555.425
FY 26 Maximum Rate per SFE 19.08$

Duration of Assessment
The Assessments may be continued every year after their formation, so long as the public Improvements need to be maintained and improved and the City requires funding from the  Assessments  for  these  Improvements  in  the  District.  As  note d  previously,  the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment.

Appeals and Interpretation
Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply  the foregoing method of assessment, may file a written appeal with the City of Berkeley Public Works department.

Any such appeal is limited to correction of an assessment durin g the then current or, if before July 1, the  upcoming fiscal year. Upon the filing of any  such appeal, the City of Berkeley City Engineer or  his or her designee will  promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the  decision  of  the  City  Engineer  or  her  or  his  designee  shall be  referred  to  the  Public Works Director and the decision of the Public Works Director shall be final.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Assessment Statement
WHEREAS, on March 18, 2025, the City Council of the City of Berkeley, County of Alameda, California,  adopted  a  Resolution  initiating  proceedings  for  the  levy  of  Assessments  for fiscal  year  2026  within  the  Street  Light  Assessment  District  20 18,  pursuant  to  the provisions of the Landscaping and Lighting Act of 1972 and Arti cle XIIID of the California Constitution (collectively “the Act”);
WHEREAS, the City of Berkeley directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the Assessment District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the Assessment District, to which the description of the proposed Improvements therein contained, reference is hereby made for further particulars; NOW, THEREFORE, the undersigned, by virtue of the power vested  in me under the Act a n d  t h e  o r d e r  o f  t h e  C i t y  C o u n c i l  o f  t h e  C i t y  o f  B e r k e l e y ,  h e r eby  make  the  following assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the Assessment District.

The amount to be paid for the Improvements and the expense inci dental thereto to be paid by the City of Berkeley Street Lighting Assessment Distric t 2018 for the fiscal year 2026 are generally as listed in Table 1.

As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of the City of Berkeley Street  light Assessment District 2018. The distinctive number of each parcel or lot of land in t he City of Berkeley Street light Assessment District 2018 is its Assessor Parcel Number appearing on the Assessment Roll.

And I do hereby assess and apportion the net amount of the cost  and expenses of the Improvements, including the cost s and expenses incident thereto , upon the parcels and lots  of  land  within  the  City  of  Berkeley  Street  Lighting  Assess ment  District  2018,  in accordance  with  the  special  benefits  to  be  received  by  each  parcel  or  lot,  from  the Improvements,  and  more  particularly  set  forth  in  the  cost  estim ate  and  method  of assessment hereto attached and by reference made a part hereof.

The Assessments are made upon the  parcels or lots  of land withi n the City of Berkeley Street  Lighting  Assessment  District  2018  in  proportion  to  the  s pecial  benefits  to  be received by the parcels or lots of land from the Improvements.

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Each parcel or lot of land is described in the Assessment Roll  by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda  for the fiscal year 2026. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the Count y Recorder of the County.

I  hereby  place  opposite  the  Assessor  Parcel  Number  for  each  parcel  or  lot  within  the Assessment Roll, the amount of the assessment for the fiscal year 2026 for each parcel or lot of land within the City of Berkeley Street Lighting Assessment District 2018.

Dated:  April 2, 2025

E n g i n e e r   o f   W o r k

B y   ______________________________
J o h n   B l i s s ,   L i c e n s e   N o .   C 52091

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Assessment Diagram
The boundaries of the City of Berkeley Street light Maintenance Assessment Districts and Annexations are displayed on the Assessment Diagram below.

Figure 1 – Assessment Diagram