Submitted by: Carol Johnson, Director, Planning and Development Department. Companion Report: Berkeley Lead Poison Prevention and Control

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1 Page 1 of 7 Office of the City Manager ACTION CALENDAR April 25, 2017 To: From: Honorable Mayor and Members of the City Council Dee Williams-Ridley, City Manager Submitted by: Carol Johnson, Director, Planning and Development Department Subject: Companion Report: Berkeley Lead Poison Prevention and Control RECOMMENDATION Refer to the City Manager the proposal from the Community Environmental Advisory Commission (CEAC) to evaluate the costs and feasibility of the lead paint enforcement proposal. In addition, staff will communicate with the Alameda County Healthy Homes Department on alternative ways to address enforcement and cleanup associated with lead paint hazards, and will work with Alameda County Healthy Homes Department to schedule a presentation before the City Council. FISCAL IMPACTS OF RECOMMENDATION The proposal is complex and not clearly defined. Staff need time to evaluate a cost effective program. Staff will report back to Council and CEAC within 90 days. CURRENT SITUATION AND ITS EFFECTS The CEAC proposes to establish an enforcement program for lead paint hazards, which are recognized as an important public health concern. Currently, lead paint violations are being handled either as a complaint response where staff give information and advice, or during inspections. Inspection staff has training on lead paint hazards and the City issues notices on permits to comply with lead paint laws. The City rarely takes enforcement action on lead paint violators. Alameda County Healthy Homes Department is not authorized to enforce lead paint violations, and the U.S. Environmental Protection Agency (EPA) only issues violations to large contractors in the Bay Area. The City relies on technical assistance and educational materials from the Alameda County Healthy Homes Department. If inspection staff finds lead paint hazards, they identify the hazard and require corrections during building and housing inspections. Lead paint enforcement is rarely done by the City or the EPA. The Alameda County Healthy Homes Department runs a lead paint advisory and assistance program funded by a special assessment for each unit in the cities of Oakland, Berkeley, Alameda and Emeryville, which was authorized by a joint powers agreement enacted in Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) manager@cityofberkeley.info Website:

2 Page 2 of 7 Companion Report: Berkeley Lead Poison Prevention and Control ACTION CALENDAR April 25, 2017 The Alameda County Lead Poisoning Prevention Program was created in 1991 as a joint powers authority, prior to the state lead paint codes of SB 460 of Since 1991, the County program has not increased the $10 per residential unit assessment fee to keep up with inflation. On March 7, 2017 the Healthy Homes Department of Alameda County proposed to the City of Emeryville a simple enforcement process that does not require collection of evidence and laboratory analyses. The County proposes that a contractor without a Renovation, Repair and Painting Certification (RRP), that is working on a home constructed prior to 1979, will be in immediate violation and subject to a City citation. A contractor may choose to take representative samples of paint from the pre-1979 home to determine that it is not leaded paint. Homeowners are encouraged to attend RRP classes, but are not required to hold an RRP certification. Berkeley could adopt a similar ordinance to make it easier to issue citations to contractors for violations of these requirements. BACKGROUND The CEAC proposal would have staff take enforcement action if a child aged four years or less resides at the location of the lead paint hazard, to limit the impact on staff time. In general, the at-risk population from lead exposure is not limited to children aged four and under. Pregnant women, children under six, and people with compromised immunity such as the sick and elderly are all at risk. Staff requests time to review appropriate enforcement actions and make recommendations on appropriate parameters for enforcement. ENVIRONMENTAL SUSTAINABILITY A properly outlined lead paint enforcement protocol will result better compliance with state laws and this will contribute to a continuation of the reduction in childhood lead poisoning. RATIONALE FOR RECOMMENDATION While well-motivated, the CEAC recommendation for an immediate penalties for lead paint violations requires more analysis, within the larger context of the City budget and referral prioritization processes. To enact any such program, the City would need better defined roles among City departments which could potentially conduct enforcement activities, a fully developed program budget, and an enacted fee structure to allow the City to recoup its costs. CONTACT PERSON Carol Johnson, Director, Planning and Development Department, Nabil Al-Hadithy, Hazardous Materials Manager, Planning and Development, Attachment: 1. Alameda County Proposal for Lead Enforcement Ordinance to the City of Emeryville, March 7, Page 2

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