Berkeley City Council
March 14, 2023

Tuesday, March 14, 2023 REVISED AGENDA Page 1

R E V I S E D AG E N D A
(REVISED TO ADD TELECONFERENCE LOCATION)

BERKELEY CITY COUNCIL MEETING
Tuesday, March 14, 2023
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION – 1404 LE ROY AVENUE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT

This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation . For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley-info.zoomgov.com/j/1600955724.

If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 095 5724.

If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record , email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Tuesday, March 14, 2023 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

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

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meet ing. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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

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

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

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

Consent Calendar
Tuesday, March 14, 2023 REVISED AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

Consent Calendar

1. Amendments to COVID-19 Emergency Response Ordinance, BMC Chapter

13.110
From: Mayor Arreguin (Author), Councilmember Hahn (Author) Recommendation: Adopt second reading of Ordinance No. 7,855-N.S. amending Berkeley Municipal Code (BMC) Chapter 13.110, the COVID-19 Emergency Response Ordinance to suspend the application of the ordinance to commercial property, permit lawful owner move-in evictions, and establish a Transition Period during which time specified evictions would be prohibited.

First Reading Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Wengraf; Abstain – Kesarwani, Humbert.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

2. Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission
From: Councilmember Harrison (Author)
Recommendation: Adopt second reading of Ordinance No. 7,856-N.S., amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 14, 2023
From: City Manager
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.

Financial Implications: Mental Health Services Act - $2,802,400 Contact: Henry Oyekanmi, Finance, (510) 981-7300

Consent Calendar
Tuesday, March 14, 2023 REVISED AGENDA Page 4

4. Contract: KLD Engineering, P.C. for Evacuation and Response Time Modeling From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to piggyback on the County of Santa Barbara contract and execute a contract and any amendments with KLD Engineering, P.C., for Evacuation and Response Time Modeling from April 1, 2023 through June 30, 2024 in the amount not to exceed $400,000 with an option to extend for an additional two years not to exceed an additional $100,000 if the piggyback contract is extended.

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

5. Contract: GoGo Technologies, Inc. for Transportation Services for Seniors and the Disabled
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or her designee, to execute a contract and any amendments with GoGo Technologies, Inc. in the amount of $350,000 for the period of April 1, 2023 through June 30, 2026 for the provision of a 24/7 call center to arrange rides with Uber and Lyft for customers of the Aging Services Division’s Berkeley Rides for Seniors and the Disabled program.

Financial Implications: Measure BB Fund - $350,000
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

6. Contract: mySidewalk, Inc. for HHCS Web-Based Population Health Data Platform
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with mySidewalk, Inc. to provide a web-based population health data platform to access, compile, and share Community Health Assessment (CHA) data, and priority issues and strategies for the Community Health Improvement Plan (CHIP) for the Department of Health, Housing and Community Services (HHCS) from March 15, 2023 to March 14, 2026, in an amount not to exceed $128,315.

Financial Implications: Various Funds - $128,315
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

7. Contract No. 32000225 Amendment: Its Personnel Consulting for Recruitment, Hiring, and Independent Workplace Investigation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000225 with Its Personnel Consulting for recruitment, hiring and independent workplace investigation services, increasing the amount by $149,000 for total amount not to exceed $349,000 and extending the term of the contract through June 30, 2024.

Financial Implications: General Fund - $149,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Consent Calendar
Tuesday, March 14, 2023 REVISED AGENDA Page 5

8. Contract No. 32100046 Amendment: HR Acuity, LLC for Case Management and Employee Relations Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100046 with HR Acuity, LLC for case management and employee relations software, increasing the amount by $139,000 for a total amount not to exceed $189,000, and extending the contract term to June 30, 2025.

Financial Implications: General Fund - $139,000
Contact: Aram Kouyoumdjian, Human Resources, 510-981-6800

9. Purchase Orders: Glassdoor to Provide Search Engine Optimization (SEO) and Ad Work
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute purchase orders with Glassdoor to provide search engine optimization (SEO) and ad work for two years from April 1, 2023 until March 31, 2025 in an amount not to exceed $150,000.

Financial Implications: Various Funds - $150,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

10. Purchase Orders: Indeed to Provide Search Engine Optimization (SEO) and Ad Work
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute purchase orders with Indeed to provide search engine optimization (SEO) and ad work for two years from April 1, 2023 until March 31, 2025 in an amount not to exceed $150,000.

Financial Implications: Various Funds - $150,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

11. Contract No. 31900187 Amendment: LV.NET (formerly Towerstream) for Secondary Internet for Redundancy and Load Balancing
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with LV.NET (formerly Towerstream, Inc.) for redundant secondary internet services, increasing the contract amount by $106,000 for a total not-to-exceed amount of $278,000 from October 3, 2017 to June 30, 2024.

Financial Implications: Information Technology Communications Services Fund - $106,000
Contact: Kevin Fong, Information Technology, (510) 981-6500

Council Consent Items
Tuesday, March 14, 2023 REVISED AGENDA Page 6

12. Opposition to Initiative #1935
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) Recommendation: Adopt a Resolution to oppose Initiative #1935, the deceptively named “Taxpayer Protection and Government Accountability Act”.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

13. Resolution to Support SB 50
From: Mayor Arreguin (Author), Councilmember Robinson (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution in support of Senate Bill 50 with amendments, introduced by Senator Steven Bradford. Send a copy of the Resolution to Governor Gavin Newsom, State Senators Nancy Skinner and Scott Weiner, and Assemblymember Buffy Wicks.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

14. Support SB 252 – State Divestment from Fossil Fuels From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) Recommendation: Adopt a Resolution in support of SB 252 (Gonzalez), which would prohibit the Public Employees’ Retirement System (CalPERS) and the State Teachers’ Retirement System (CalSTRS) from investing in fossil fuel companies.

Send a copy of the Resolution to Assemblymember Buffy Wicks, State Senators Nancy Skinner and Lena Gonzalez, Governor Gavin Newsom, CalPERS, and CalSTRS.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

15. Budget Referral: Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Robinson (Co-Sponsor)
Recommendation: Refer $400,000 to the June 2023 mid-year budget update to conduct community engagement, public information campaign, and program plan development for potential 2024 complete streets and climate-resilient infrastructure revenue measures.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

Council Consent Items
Tuesday, March 14, 2023 REVISED AGENDA Page 7

16. Resolution Supporting Unionization Efforts by Urban Ore workers From: Councilmember Taplin (Author), Councilmember Robinson (Co- Sponsor)
Recommendation: Adopt a Resolution in support of workers at Urban Ore unionizing under representation by the Industrial Workers of the World (IWW) Union 670.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

17. Support for SB-58: Controlled Substances
From: Councilmember Taplin (Author), Councilmember Robinson (Co- Sponsor)
Recommendation: Send a letter of support for Sen. Wiener’s Senate Bill 58, which would decriminalize psilocybin, psilocyn, MDMA, DMT, ketamine, mescaline, and ibogaine; expunge criminal records for use and possession of these substances; and establish a commission to provide recommendations to the state legislature on therapeutic uses.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

18. Letter in Support of SB 466
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Send a letter to Senator Aisha Wahab (cc: Governor Gavin Newsom, Senator Nancy Skinner, Assemblymember Buffy Wicks) in support of SB 466, which would reform the Costa-Hawkins Rental Housing Act.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

19. Resolution and Letter in Support of H.R. 852, the Investing in Safer Traffic Stops Act of 2023
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of H.R. 852, the Investing in Safer Traffic Stops Act of 2023, and send a letter of support to Representative Ritchie Torres, Representative Barbara Lee, Senator Alex Padilla, and Senator Dianne Feinstein.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action Calendar
The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

Action Calendar
Tuesday, March 14, 2023 REVISED AGENDA Page 8
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

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

Action Calendar – Old Business

20. Reforms to Public Comment Procedures at meetings of the Berkeley City Council (Reviewed by the Agenda & Rules Committee. Continued from February 2, 2023. Item contains supplemental materials.)
From: Councilmember Droste (Author)
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order: Section IV. Conduct of the Meeting and Appendix C Temporary Rules for The Conduct of City Council Meetings Through Video Conference During The Covid- 19 Emergency to: 1. Consolidate non-agenda public comment, public comment on the Consent Calendar, and public comment on Action Items into a single public comment period toward the start of the Council meeting (consistent with the Berkeley Unified School District’s public comment procedure), and continue to provide for additional time for public comment at the end of meetings; 2. Adopt reasonable limits on the overall number of public speakers (consistent with rulings from the Second District Court of Appeal) with a mechanism for the City Council to extend public comment; and 3. Rescind Resolution No. 70,091– N.S.

Policy Committee Recommendation: To send the item to the City Council with a negative recommendation that no action be taken on the item.

Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180

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

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

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

Action Calendar – Public Hearings
Tuesday, March 14, 2023 REVISED AGENDA Page 9

21. Ambulance User Fee Increase
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1) Adjusting the Ambulance User Fee Schedule to match Alameda County’s approved ambulance user fee schedule, made effective July 1, 2022, for the Cities of Alameda, Albany, Berkeley, and Piedmont; 2) Making the new Ambulance User Fee Schedule effective April 1, 2023; 3) Authorizing the City Manager to execute an amendment to Contract No. 31900182 with Alameda County for ambulance transport services to incorporate the fee increase; and 4) Rescinding Resolution No. 68,897–N.S., effective April 1, 2023.

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

22. Amendments to Berkeley Election Reform Act Cost of Living Adjustment Provisions
From: Fair Campaign Practices Commission
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an ordinance amending the Berkeley Election Reform Act (BMC Chapter

2.12) to (1) clarify that cost of living adjustments for the $250 campaign contribution limit to be performed in every odd-numbered year shall be rounded to the nearest ten dollars ($10), and (2) providing that all cost of living adjustments required by BERA be performed by March instead of January of each odd-numbered year to coincide with the availability of necessary data.

Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

Action Calendar – Old Business

23. Climate Action Plan and Resilience Update (Continued from November 29, 2022) From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar – New Business

24. Berkeley Economic Dashboards Update
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

Council Action Items
Tuesday, March 14, 2023 REVISED AGENDA Page 10

25. Bureaucratic Effectiveness and Referral Improvement and Prioritization Effort (BE RIPE) (Reviewed by the Agenda & Rules Committee)
From: Councilmember Droste (Author)
Recommendation:

In order to ensure that the City focuses on high-priority issues, projects, and goals and affords them the resources and funding such civic efforts deserve, the City Council should consult with the City Manager’s Office to develop and adopt a suite of revisions to the City Council Rules of Procedure and Order that would implement the following provisions:

1. Beginning in 2023, Councilmembers shall submit no more than one major legislative proposal or set of amendments to any existing ordinance per year, with the Mayor permitted to submit two major proposals, for a maximum of ten major Council items per year.

2. In 2023 and all future years, Councilmembers shall be required to submit major items before an established deadline. Council shall then prioritize any new legislative items as well as any incomplete major items from the previous year using the Reweighted Range Voting (RRV) process. This will help establish clear priorities for staff time, funding, and scheduling Council work sessions and meetings. For 2023 alone, the RRV process should include outstanding/incomplete Council items from all previous years. In 2024 and thereafter, the RRV process should only incorporate outstanding/incomplete major items from the prior year. However, Councilmembers may choose to renominate an incomplete major policy item from an earlier year as their single major item.

3. During deliberations at a special worksession, Council retreat, and/or departmental budget presentations, Council and the City Manager should develop a work plan that establishes reasonable expectations about what can be accomplished by staff given the list of priorities as ranked by RRV. Council should also consult with the City Manager and department heads, particularly the City Attorney’s office, Planning Department, and Public Works Department on workload challenges (mandates outside Council priorities, etc.), impacts, reasonable staff output expectations, and potential corrective actions to ensure that mandated deadlines are met, basic services are provided, and policy proposals are effectively implemented.

4. Budget referrals and allocations from City Council must be explicitly related to a previously established or passed policy/program, planning/strategy document, and/or an external funding opportunity related to one of these. As a good government practice, councilmembers and the Mayor may not submit budget referrals which direct funds to a specific organization or event. Organizations which receive City funding must submit at least annually an application detailing, at a minimum: the civic goal(s)/purpose(s) for which City funds are used, the amount of City funding received for each of the preceding five years, and quantitative or qualitative accounting of the results/outcomes for the projects that made use of those City funds. Organizations receiving more than $20,000 in City funds should be required to provide quantitative data regarding the number of individuals served and other outcomes.

Council Action Items
Tuesday, March 14, 2023 REVISED AGENDA Page 11

5. Ensuring that any exceptions to these provisions are designed to ensure flexibility in the face of an emergency, disaster, or urgent legal issue/liability and narrowly tailored to be consistent with the goals of enhanced efficiency, effectiveness, fairness, and focus.

Policy Committee Recommendation: To send the item to the City Council with a Qualified Positive Recommendation to refer the relevant concepts of the original item to the Agenda & Rules Committee for consideration under the existing committee agenda item regarding enhancements to the City’s legislative process.

Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180

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

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

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

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

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

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

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

Tuesday, March 14, 2023 REVISED AGENDA Page 12
COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was po sted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on Thursday, March 9, 2023.

Mark Numainville, City Clerk
Communications – March 14, 2023
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

Hopkins Corridor

1. Alex Benn

2. Phyllis Orrick

3. Khin Chin, on behalf of Disaster and Fire Safety Commission (2)

4. Andrew Graham

5. Mimi Morgan

6. Grayson Savoie

7. Eric Taylor

8. Laila Hamidi

9. Charan Samudrala

10. Walter Wood

11. Joel Myerson (2)

12. William Stringfellow

13. Becca Schonberg

14. Carol Hirth

15. Sally Nelson

16. Diana Bohn

17. Gerry Tierney

18. Mary B

Tuesday, March 14, 2023 REVISED AGENDA Page 13

19. Katherine Silver

20. Susan Ashley

21. Sean Co

22. Friends of Hopkins Street

23. Judy Dater

24. Meg Holm

25. Will Gioia

26. Melissa Short

27. Susan DeMersseman

28. Janet Jacobson-Weiss

29. Friends of Five Creeks

BART Development at Ashby and/or North Berkeley

30. Jack Kurzweil (2)

31. Helga Recke

Stuart Street and MLK Danger Zone

32. Claire Fitzgerald

33. Ian Bronswick, Associate Civil Engineer

Ukraine Flag Raising

34. Igor Tregub

Crime in Berkeley

35. John McMonagle

36. Eric Friedman

37. Andres Talero

38. Taline Kazandjian

39. Lisa Mirkovic

Housing Element

40. Corey Smith

Berkeley Unified School District Milvia Garage

41. Liza Lutzker

Legislative Assistants Compensation

42. Khin Chin, VP of SEIU 1021 CSU PTRLA

43. Anne Cardwell, Deputy City Manager

Dead Animals in Aquatic Park

44. Cassandra Turgman

COVID-19

45. Kelly Hammargren

Tuesday, March 14, 2023 REVISED AGENDA Page 14
Affordable Commercial Space

46. Sylvia

Public Transit Fiscal Cliff

47. Thomas Yamaguchi

Deaths at Golden Gate Fields

48. Tweed Conrad

Housing Demolition and Unfinished Business

49. Michai Freeman

Railroad Safety

50. Sarah Freedman

2190 Shattuck Avenue, View from the Campanile

51. Anne Burns

WARN Notice

52. Anne Del Rosario Birnbaum, for Chipper Cash
Infrastructure Need to Protect Codornices Creek Along Hopkins Corridor

53. Friends of Five Creeks

54. Liam Garland, Director of Public Works

Proposed Bike Lane from Bonar Street to Mabel Street along Dwight Way

55. Laurel and Ben Kuchinsky

North Berkeley Senior Center

56. Sara Paredes

57. Chris Gilmore

58. Chiara Juster

High Cost of Food for Cal Students

59. Olga Jimenez

Day of Hate on Jews – February 25

60. Dorothea Dorenz

Elder Abuse at Harriet Tubman Terrance

61. Darinxoso Oyamasela

Alameda County Information for City Stakeholders

62. Corey Williams on behalf of the U.S. Small Business Administration

E-Bike Lottery

63. Anne-Lise Francois

Tuesday, March 14, 2023 REVISED AGENDA Page 15

ADA Bypass

64. Carl Bass

Berkeley Asphalt Operations

65. Pear Michaels

Bus Rapid Transit from University to Telegraph

66. Zach Franklin

67. Bailey Schweitzer

910 Indian Rock Avenue

68. Leila Moncharsh, on behalf of The Berkeley Architectural Heritage Assoc.

PAB Recommendations – Unmanned Aerial System

69. Jen Louis, Interim Chief of Police

URLs Only

70. Vivian Warkentin (3)

71. Fred Dodsworth

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

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

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

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

Ordinance No. 7,855-N.S. Page 1 of 9
ORDINANCE NO. 7,855-N.S.

ORDINANCE AMENDING CHAPTER 13.110 OF THE BERKELEY MUNICIPAL CODE, THE COVID-19 EMERGENCY RESPONSE ORDINANCE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 13.110 is hereby amended to read as follows:

Chapter 13.110
COVID-19 EMERGENCY RESPONSE ORDINANCE
Sections:

13.110.010 Findings and Purpose

13.110.020 Prohibited Conduct

13.110.030 Definitions

13.110.040 Collection of Back Rent and Late Fees

13.110.050 Application

13. 110.060 Implementing Regulations

13.110.070 Waiver

13.110.080 Remedies

13.110.090 Severability

13.110.100 Liberal Construction

13.110.010 Findings and Purposes
International, national, state and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "SARS-CoV-2." and the disease it causes has been named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19"). In response to this emergency, on March 3, 2020, the City Manager acting as the Director of Emergency Services declared a local State of Emergency based on COVID-19 (hereinafter referred to as "the Local Emergency"), which the City Council subsequently ratified on March 10, 2020. On April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, and July 26, 2022, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023, the council ratified an extension of the local emergency. In addition, on March 4, 2020, the Governor declared a state of emergency in California and the President of the United States declared a national state of emergency on March 13, 2020 regarding the novel coronavirus and COVID-19.

On March 16, 2020, the City of Berkeley Public Health Officer, along with several other neighboring jurisdictions issued a Shelter in Place Order directing all individuals living in

Ordinance No. 7,855-N.S. Page 2 of 9
the City of Berkeley to shelter at their place of residence except that they may leave to provide or receive certain essential services or engage in certain essential activities, and prohibiting non-essential gatherings and ordering cessation of non-essential travel. On March 31, 2020 this Shelter in Place Order was extended to May 3, 2020, and restricted activities further.

Furthermore, on March 16, 2020, the Governor issued Executive Order N-28-20, specifically authorizing local governments to halt evictions for commercial tenants, residential tenants, and homeowners who have been affected by COVID-19, emphasizing that the economic impacts of COVID-19 have been significant and could threaten to undermine housing security as many people are experiencing material income loss as a result of business closures, the loss of hours or wages or layoffs related to COVID-19, hindering their ability to keep up with rents, mortgages and utility bills.

The Order also stated that because homelessness can exacerbate vulnerability to COVID-19, Californians must take measures to preserve and increase housing security for Californians to protect public health and specifically stated that local jurisdictions may take measures to promote housing security beyond what the state law would otherwise allow.

On April 21, 2020, Alameda County enacted an urgency ordinance prohibiting eviction for any reason other than withdrawal of rental property under the Ellis Act or court-ordered eviction for public safety. Although the Alameda County ordinance does not have effect within the incorporated area of Berkeley, it is desirable to ensure that Berkeley residents have at least the same level of protection as the residents of unincorporated Alameda County.

During this State of Emergency and during the transition period thereafter, and in the interests of protecting the public health and preventing transmission of the COVID-19, it is essential to avoid unnecessary displacement and homelessness. It is the intent of this Ordinance to fully implement the suspension of the statutory bases for eviction for nonpayment of rent and for default in the payment of a mortgage as authorized by Executive Order N-28-20.

While COVID-19 remains prevalent in the community, the City has made significant progress in addressing the impacts of COVID-19, including a reduction in the rates of hospitalization and death, as well as a citywide vaccination rate of at least ninety-four percent (94%).

Governor Gavin Newsom has also announced that the statewide COVID-19 State of Emergency will end on February 28, 2023. President Joe Biden has announced that the nationwide COVID-19 State of Emergency will end on May 11, 2023.

Based on the current conditions in the City of Berkeley related to COVID-19, and to stay consistent with state actions, the City Manager has recommended that the City Council terminate the local emergency.

Ordinance No. 7,855-N.S. Page 3 of 9
The effect of this chapter suspending the statutory basis for eviction due to non- payment of rent remains in effect throughout the Covered Period, which concludes on the expiration of the local emergency. BMC Section 13.110.030.A allows the City Council to extend the duration of the Covered Period by resolution.

This ordinance makes further amendments to Chapter 13.110 to permit lawful owner- move in evictions pursuant to BMC Section 13.76.130.A.9 and to establish a Transition Period until August 31, 2023, during which time specified evictions would be allowed to take place.

13.110.020 Prohibited Conduct
A. During the Covered Period, no Landlord or Lender shall evict or attempt to evict a Resident of residential real property, or otherwise require a residential Tenant to vacate, unless necessary to stop an imminent threat to the health and safety of other occupants.

For purposes of this Ordinance, the basis for an exception to this Ordinance cannot be the Resident’s COVID-19 illness or exposure to COVID-19, whether actual or suspected.

B. Residential Eviction Moratorium. It shall be a complete defense to any action for unlawful detainer that the notice upon which the action is based was served or expired, or that the complaint was filed or served, during the Covered Period, except that after the effective date of this ordinance, a Landlord may serve a lawful notice pursuant to Section

13.76.130.A.9.

C. During the Transition Period, no Landlord or Lender shall evict or attempt to evict a Resident of residential real property, or otherwise require a residential Tenant to vacate unless at least one of the following conditions is met:

1. Recovery of possession of real property is necessary to stop an imminent threat to the health and safety of other occupants; or

2. Owner Move-in Eviction. The Landlord seeks to recover possession of a residential unit for their own use and occupancy as their principal residence and the Landlord fully complies with all “Owner Move-in Eviction” requirements set forth in Berkeley Municipal Code section 13.76.130.A.9. However, a Landlord may not recover possession of any residential unit in this manner unless the Landlord owns only one residential property in the City of Berkeley. Notice for this exclusive reason may be served beginning March 1, 2023 and may be the basis for an eviction beginning May 1, 2023.; or

3. The Landlord or Lender seeks to recover possession of real property following the tenant’s default in payment of rent that came due after the expiration of the Covered Period and for which tenant did not provide to the Landlord or Lender documentation establishing a Covered Reason for Delayed Payment as set forth in Berkeley Municipal

Ordinance No. 7,855-N.S. Page 4 of 9
Code section 13.110.040.C. Any notice to terminate tenancy served pursuant to this section must inform the tenant of their rights to submit documentation establishing a Covered Reason for Delayed Payment as set forth in Berkeley Municipal Code section

13.110.040.C. Notwithstanding any other notice requirements identified in Berkeley Municipal Code section 13.110.040.C, a tenant who asserts a Covered Reason for Delayed Payment during the Transition Period shall provide landlord all required documentation prior to the expiration of the notice to terminate tenancy.

D. For the duration of the Covered Period, if a residential tenant has a Covered Reason for Delayed Payment, the tenant may terminate a lease or rental agreement with 30 day’ notice without penalty. A tenant may also exercise rights under this subsection if the tenants or roommates of the tenants are or were registered at an educational institution that cancelled or limited in-person classes due to the COVID-19 pandemic.

13.110.030 Definitions
A. “Covered Period” means the period of time beginning with March 17, 2020 and concluding 60 days after upon the expiration of the local emergency but not sooner than May 1, 2023. However, the City Council may vote by resolution to extend the duration of the Covered Period.

B. “Transition Period” means the period of time beginning with the expiration of the Covered Period and shall end no later than August 31, 2023.

C. "Covered Reason for Delayed Payment" means:
(1) The basis for the eviction is nonpayment of rent, arising out of a material decrease in household, business, or other rental unit occupant(s)’s income (including, but not limited to, a material decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or to caregiving responsibilities, or a material decrease in business income caused by a reduction in opening hours or consumer demand), or material out-of-pocket medical expenses, or a reduction in the number of tenants living in the unit (including due to difficulty finding new tenants and/or subtenants willing and able to cover a sufficient share of rent) which reduces the ability of the remaining tenants to pay rent, or a rent increase that exceeds the Annual General Adjustment for the current year; and
(2) The decrease in household, business, or other rental unit occupant’s income or the expenses or reduction in number of tenants described in subparagraph (1) was caused by the impacts of COVID-19 pandemic, or by any local, state, or federal government response to COVID-19.

D. “Delayed Rent Payment Agreement” means a mutual agreement between a landlord and tenant regarding the timing and amount of payments for rent that is delayed by a Covered Reason for Delayed Payment.

Ordinance No. 7,855-N.S. Page 5 of 9
E. “Homeowner” means the owner or owners of a Residential Unit subject to a mortgage or similar loan secured by the residential unit. “Homeowner” is limited to owners who reside in the unit and includes the individuals residing in the unit with the homeowner.

F.

G. "Landlord" includes owners, lessors, or sublessors of either residential rental property, and the agent, representative, or successor of any of the foregoing.

H. "Lender” means the mortgagee of a purchase money or similar mortgage, or the holder or beneficiary of a loan secured by one or more units, which person has the right to mortgage or similar payments from the owner as mortgagor, including a loan servicer, and the agent, representative, or successor of any of the foregoing.

I. “Resident” means a Tenant, Homeowner, or their household.

J. "Tenant" includes a tenant, subtenant, lessee, sublessee, lodger or any other person entitled by written or oral rental agreement to use or occupancy of residential property. “Tenant” includes a former trustor or homeowner who has lost title the real property in which they reside after a Trustee’s sale.

13.110.040 Collection of Back Rent and Late Fees
A. Nothing in this Chapter shall relieve the tenant of liability for unpaid rent, which the landlord may seek after expiration of the Covered Period, or after the Transition Period if the tenant establishes a Covered Reason for Delayed Payment. . Notwithstanding any lease provision to the contrary, a landlord may not charge or collect a late fee, fine, or interest for rent that is delayed by a Covered Reason for Delayed Payment. Landlords are encouraged to work with local agencies that will be making rental assistance available for qualifying tenants.

B.

1. For rent accrued through January 31, 2021, Tenants shall have until March 31, 2022, or the date adopted by state law, as applicable, to pay rent that was delayed by a Covered Reason for Delayed Payment unless the landlord and tenant come to a mutual repayment agreement ("Delayed Rent Payment Agreement").

2. For rent accrued beginning February 1, 2021, Tenants shall have until July 31, 2023, to pay rent that was delayed by a Covered Reason for Delayed Payment, or the period of time adopted by state law, as applicable, unless the landlord and tenant come to a mutual repayment agreement ("Delayed Rent Payment Agreement").

3. Notwithstanding any lease provision to the contrary, a landlord may not charge or collect a late fee, fine, or interest for rent that is delayed by a Covered Reason for Delayed Payment.

Ordinance No. 7,855-N.S. Page 6 of 9
C. A Tenant is not required to provide documentation to the Landlord in advance to qualify for the delayed repayment of rent. However, upon the request of a Landlord, a Tenant shall provide such documentation to the Landlord within forty-five (45) days after the request or prior to the expiration of a lawfully drafted and served notice of termination of tenancy, whichever is sooner. A declaration sworn under penalty of perjury shall constitute documentation for the purpose of this requirement.

D. Any medical or financial information provided to the landlord shall be held in confidence, and shall not be disclosed to other entities unless such disclosure is permitted or required by the law, or unless the tenant explicitly authorizes the disclosure of the information in writing.

E. Any relief from the City of Berkeley either directly to a property owner on their own application or as a pass through for City relief payments to the tenant shall directly reduce the amount of any rent that was delayed by a Covered Reason for Delayed Payment.

This requirement shall be applied into any Delayed Rent Payment Agreement, regardless of the terms of that agreement.

13.110.050 Application
A. This Chapter applies to eviction notices and unlawful detainer actions based on notices served, filed, or which expire during the Covered Period and Transition Period. It does not apply to commercial leases where the term has expired and the City has issued a permit for the demolition or substantial alteration of the commercial unit, or to units ordered by the City to be vacated for the preservation of public health, including where the City deems necessary to control the spread of COVID-19.

B. Except where expressly required by state law (such as Assembly Bill 3088 or any subsequent statewide COVID-19 relief legislation), a landlord may seek rent accrued during the Covered Period as set forth in Section 13.110.040, but may not file an action pursuant to Code of Civil Procedure sections 1161(2) et seq. or otherwise seek to recover possession of a rental unit based on the failure to pay rent that accrued during the Covered Period. In any action to evict based on alleged nonpayment of rent, it shall be a complete defense to such action if any part of the rent in dispute accrued at any time during the Covered Period, or if the action otherwise demands any fees or amounts contrary to the provisions of this Chapter. A landlord shall not apply any rent payment towards rent that is delayed by a Covered Reason for Delayed Payment before applying it towards any other Rent owed without the explicit written permission of the Tenant.

C. A Landlord or Lender shall not retaliate against a Resident for exercising their rights under this Ordinance, including but not limited to shutting off any utilities reducing services or amenities, refusing to make or delaying repairs to which the Resident would otherwise be entitled, or taking actions which hurt the Resident’s credit rating based on non- payment of rent during the Covered Period as allowed under this ordinance.

D. In addition to the affirmative defenses set forth above, in any action to recover possession of a rental unit filed under Berkeley Municipal Code section 13.76.130(A)(1),

Ordinance No. 7,855-N.S. Page 7 of 9
it shall be a complete defense that the landlord impeded the tenant’s effort to pay rent by refusing to accept rent paid on behalf of the tenant from a third party, or refusing to provide a W-9 form or other necessary documentation for the tenant to receive rental assistance from a government agency, non-profit organization, or other third party. Acceptance of rental payments made on behalf of the tenant by a third party shall not create a tenancy between the landlord and the third party.

13.110.060 Implementing Regulations
The City Manager may promulgate implementing regulations and develop forms to effectuate this Ordinance. This includes the option of requiring Landlords and Lenders to give a notice to Residents informing them of this Chapter and the right to seek the benefits of this Chapter.

13.110.070 Waiver.

A. By entering into a Delayed Rent Payment Agreement, Tenants do not waive any rights under this Chapter.

B. Any agreement by a Tenant to waive any rights under this ordinance shall be void and contrary to public policy.

13.110.080 Remedies
A. In the event of a violation of this Ordinance, any person or entity aggrieved by the violation may institute a civil proceeding for injunctive relief, and money actual damages as specified below, and whatever other relief the court deems appropriate.

1. An award of actual damages may include an award for mental and/or emotional distress and/or suffering. The amount of actual damages awarded to a prevailing plaintiff shall be trebled by the Court outside of the presence, and without the knowledge of, the jury, if any, if a defendant acted in knowing violation of, or in reckless disregard for, the provisions of this Chapter.

2. A defendant shall be liable for additional civil penalties of up to five thousand dollars for each violation of this Chapter committed against a person who is disabled within the meaning of California Government Code section 12926, et seq., or aged sixty-five or over.

3. In addition to the above awards of damages in a civil action under this Chapter, a prevailing plaintiff shall be entitled to an award of reasonable attorney’s fees. A prevailing defendant in a civil action under this Chapter shall only be entitled to an award of attorney’s fees if it is determined by the Court the action was wholly without merit or frivolous.

4. In addition, this Chapter grants a complete defense to eviction in the event that an eviction notice or unlawful detainer action is commenced, filed, or served in violation of this Chapter.

Ordinance No. 7,855-N.S. Page 8 of 9
B. The protections provided by this ordinance shall be available to all Residents, regardless of any agreement wherein a Resident waives or purports to waive their rights under this Ordinance, with any such agreement deemed void as contrary to public policy.

C. A. Violations of Section 13.110.020(C) - (Commercial rent restrictions).

1. Violations of Section 13.110.020(C) may be enforced by an administrative fine of up to $1,000 pursuant to Chapter 1.28. Each day a commercial property landlord demands rent in excess of the amount permitted pursuant to Section 13.110.020(C) is a separate violation. The City may also charge the costs of investigating and issuing any notices of violations, and any hearings or appeals of such notices.

2. The City Attorney may refer those violators of Section 13.110.020(C) to the Alameda County District Attorney for redress as a violation of Business and Professions Code section 17200, et seq. or, if granted permission by the District Attorney, may bring an action pursuant to Business and Professions Code section 17200, et seq.

D. Nonexclusive Remedies and Penalties. The remedies provided in this subdivision are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

13.110.090 Severability.

If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. The Council of the City of Berkeley hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

13.110.100 Liberal Construction
The provisions of this Chapter shall be liberally construed so as to fully achieve its purpose and provide the greatest possible protections to tenants.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Ordinance No. 7,855-N.S. Page 9 of 9
At a special meeting of the Council of the City of Berkeley held on February 27, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Harrison, Robinson, Taplin, and Arreguin.

Noes: Wengraf.

Abstain: Kesarwani and Humbert.

Absent: None.

Ordinance No. 7,856-N.S. Page 1 of 3
ORDINANCE NO. 7,856-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 3.82 MODIFYING

MEMBERSHIP AND APPOINTMENT PROCEDURES FOR THE

ENVIRONMENT AND CLIMATE COMMISSION
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 3.82 is amended to read as follows:

ENVIRONMENT AND CLIMATE COMMISSION
Sections:

3.82.010 Established--Membership--Appointment.

3.82.020 Council representative as commission liaison.

3.82.030 Organization, meetings, rules and procedures.

3.82.040 Functions.

3.82.10 Established--Membership--Appointment.

A. An Environment and Climate Commission is established. The commission shall consist of eleven members.

B. One member of the Commission shall be appointed by each City Councilmember, and vacancies on the commission shall be filled, in accordance with the provisions of Sections 2.04.030 through 2.04.130. City Council shall appoint members with appropriate expertise and demonstrated commitment to the areas outlined in the functions section 3.82.040.

C. Two members of the Commission shall be appointed by the Berkeley City Council as a body with candidates recommended by the Berkeley Unified School District Board of Directors and subject to the following:
(1) The following desirable criteria may guide, but not restrict, the Council in appointing candidates to the Commission:
i. Appointees to be residents of the City;
ii. Appointees to be between the ages of sixteen and twenty-five; (2) Appointees shall have demonstrated commitment or interest in the areas outlined in Section 3.82.040.

D. For purposes of determining term limits under Section 3.02.040, a commissioner's service on the Energy Commission or the Community Environmental Advisory Commission shall be counted toward their service upon their appointment to the Environment and Climate Commission.

Ordinance No. 7,856-N.S. Page 2 of 3

3.82.020 Council representative as commission liaison.

The City Council and School Board may appoint one of its members to act as a non- voting, uncompensated liaison representative to the Environment and Climate Commission. The functions of such liaison representatives are:

A. To attend meetings of said commission;
B. To advise the Council and School Board of the background, reasons and rationale behind decisions and recommendations of said commission; and C. On request of any member of said commission, to advise the commission of policies, procedures and decisions of the council and School Board that may bear on matters under discussion by the commission.

3.82.030 Organization, meetings, rules and procedures.

A. The commission annually shall elect one of its members as the chairperson and one of its members as the vice-chairperson. One or more officers or employees of the City designated by the City Manager shall serve as secretary of the commission.

B. The commission shall establish a regular place and time for meeting. All meetings shall be noticed as required by law and shall be scheduled in a way to allow for maximum input from the public. The frequency of commission meetings shall be as determined by City Council Resolution. The scheduling of special meetings in addition to those established by City Council resolution, except special meetings that take the place of cancelled regular meetings, shall be subject to approval by the City Council. A request for a special meeting shall include the reason for the proposed meeting and should be expedited on the City Council's agenda, or in the alternative, placed before the Agenda Committee for approval.

C. The commission may make and alter rules governing its organization and procedures which are consistent with this Chapter or any other applicable ordinance of the City.

D. A majority of the members appointed to the commission shall constitute a quorum and the affirmative vote of a majority of the members appointed is required to take any action.

E. The commission shall keep an accurate record of its proceedings and transactions.

Ordinance No. 7,856-N.S. Page 3 of 3

3.82.040 Functions.

The Environment and Climate Commission shall be an advisory board and shall review and advise the City Council on matters related to emerging issues, policies, projects, programs, planning efforts, activities, and funding of environmental sustainability and climate change mitigation, adaptation and resilience. Its scope will include work to advance the goals of advancing green buildings and resource efficiency; decarbonizing buildings and transportation; engaging and educating the community; addressing the impacts and welfare of all species, including animals, insects, and plants; reducing greenhouse gas emissions; reducing toxics and preventing pollution; and supporting environmental justice.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on February 28, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Harrison, Humbert, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

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
March 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 14, 2023

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 are $2,802,400.

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 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.

PROJECT Fund Source Amount
MHSA INN Encampment-Based
Mobile Wellness Center Project 315 Mental Health Service Act $2,802,400 Total: $2,802,400

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council March 14, 2023 Approval on March 14, 2023

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 services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 14, 2023
a. MHSA INN Encampment-Based Mobile Wellness Center Project Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: March 14, 2023
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
23-11592-C MHSA INN
Encampment-
Based Mobile
Wellness Center
Project
3/15/23 4/18/2023 Mobile Wellness Services for
individuals who are unhoused
and living in area
encampments
$2,802,400 315-51-503-526-2020-000-
451-636110
HHCS Karen Klatt
981-7644
DEPT. TOTAL $2,802,400
TOTAL $2,802,400
1 of  1

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
March 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Interim Fire Chief
Subject: Contract: KLD Engineering, P.C. for Evacuation and Response Time Modeling

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to piggyback on the County of Santa Barbara contract and execute a contract and any amendments with KLD Engineering, P.C., for Evacuation and Response Time Modeling from April 1, 2023 through June 30, 2024 in the amount not to exceed $400,000 with an option to extend for an additional two years not to exceed an additional $100,000 if the piggyback contract is extended.

FISCAL IMPACTS OF RECOMMENDATION
Funds are available for this contract in the Fire Department Measure FF (Budget code 164-72-745-000-0000-000-612990) and UC Settlement Funds (Budget code 147-72- 743-000-0000-000-612990).

CURRENT SITUATION AND ITS EFFECTS
The City requires professional assistance to meet the unfunded state mandates outlined in SB 99, AB 747, and AB 1409, and requires related professional services in the areas of traffic and evacuation modeling and planning.

The first objective of this project is to analyze the City’s primary evacuation routes to understand their capacity, safety, and viability under emergency scenarios. The City requires a detailed traffic model to be created so a baseline evaluation of evacuation routes can be conducted. This project will accurately estimate the number of people and vehicles that may need to be evacuated during a wildfire or other emergency, build a traffic simulation model, and then use that model to analyze the how the major evacuation routes will operate under emergency conditions, as well as to estimate how long it would take to evacuate under various conditions (season, day of the week, time of day, weather, etc.).

The second objective of this project is to provide an analysis of any public safety impacts resulting from projected development of new accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and their associated extra vehicles in the Very High Fire Hazard Severity Zone (VHFHSZ).

Contract - KLD Engineering, P.C. for Evacuation and Response Time Modeling CONSENT CALENDAR March 14, 2023

The third objective of this project is to analyze the impact of some recently completed, planned, and proposed (as needed) roadway projects have on evacuation capacity, responder ingress during evacuation, and to daily emergency apparatus response times.

On August 15th, 2022 the County of Santa Barbara issued a Request for Proposals (RFP) for an Evacuation Route Modeling & Planning Project. The deadlines for submission was September 5, 2022. KLD Engineering, P.C. was awarded the contract from this RFP. The term of the current contact runs from November 1, 2022 to June 30, 2024.

BACKGROUND
Due to climate and land use changes, wildfires are occurring more frequently along the West Coast. The fuel, topography, transportation network, housing density, and narrow structure separation make a large portion of the City a CalFIRE Very High Fire Danger Severity Zone (VHFDSZ). This means the area presents significant wildfire risk to the people living in, working in and visiting these areas and the adjacent areas of the City.

With an estimated population of 30,000 in the VHFDSZ even a partial evacuation will place a substantial number of people and vehicles on the road network. Given the geography of the City with wildland areas to the east, evacuees must predominately travel west to evacuate the VHFDSZ using mostly narrow evacuation routes.

Evacuating a large number of people with such a challenging transportation network presents a significant risk. If flames or smoke from a wildfire, or down power lines from an earthquake block one or more of these evacuation routes, the risk is exacerbated.

According to the Standards of Coverage analysis provided to City Council on April 19, 2022, the City’s response to fire and medical emergencies is 1 minute, 53 seconds slower than the nationally recommended travel time of four-minutes. Today the Department only has only experiential data to quantify the impacts proposed roadway treatments would have to response times.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identified environmental sustainability or climate related impacts to this work.

RATIONALE FOR RECOMMENDATION
This work is required by the State of California within SB 99, AB 747, and AB 1409. The City also requires related professional services in the areas of traffic and evacuation modeling and planning to help the community make informed decisions as to the impacts future transportation projects may have on evacuation capacity, responder ingress during evacuation, and daily responder response times to emergencies of various types.

ALTERNATIVE ACTIONS CONSIDERED
None.

Contract - KLD Engineering, P.C. for Evacuation and Response Time Modeling CONSENT CALENDAR March 14, 2023

CONTACT PERSON
David Sprague, Interim Fire Chief, (510) 981-3473
Attachments:
1: Resolution

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

CONTRACT: KLD ENGINEERING, P.C. FOR EVACUATION AND RESPONSE TIME

MODELING
WHEREAS, due to climate and land use changes, wildfires are occurring more frequently along the West Coast. The fuel, topography, transportation network, housing density, and narrow structure separation make a large portion of the City a CalFIRE Very High Fire Danger Severity Zone (VHFDSZ). This means the area presents significant wildfire risk to the people living in, working in and visiting these areas and the adjacent areas of the City; and
WHEREAS, with an estimated population of 30,000 in the VHFDSZ even a partial evacuation will place a substantial number of people and vehicles on the road network.

Given the geography of the City with wildland areas to the east, evacuees must predominately travel west to evacuate the VHFDSZ using mostly narrow evacuation routes. Evacuating a large number of people with such a challenging transportation network presents a significant risk. If flames or smoke from a wildfire, or down power lines from an earthquake block one or more of these evacuation routes, the risk is exacerbated; and
WHEREAS, according to the Standards of Coverage analysis provided to City Council on April 19, 2022, the City’s response to fire and medical emergencies is 1 minute, 53 seconds slower than the nationally recommended travel time of four-minutes. Today the Department only has only experiential data to quantify the impacts proposed roadway treatments would have to response times; and
WHEREAS, the City requires professional assistance to meet the unfunded state mandates outlined in SB 99, AB 747, and AB 1409, and requires related professional services in the areas of traffic and evacuation modeling and planning; and WHEREAS, funds are available for this contract in the Fire Department Measure FF (Budget code 164-72-745-000-0000-000-612990) and UC Settlement Funds (Budget code 147-72-743-000-0000-000-612990).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to piggyback on the County of Santa Barbara contract and execute a contract and any amendments with KLD Engineering, P.C., for Evacuation and Response Time Modeling from April 1, 2023 through June 30, 2024 in the amount not to exceed $400,000 with an option to extend for an additional two years not to exceed an additional $100,000 if the piggyback contract is extended.

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
March 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Contract: GoGo Technologies, Inc. for Transportation Services for Seniors and the Disabled

RECOMMENDATION
Adopt a Resolution authorizing the City Manager, or her designee, to execute a contract and any amendments with GoGo Technologies, Inc. in the amount of $350,000 for the period of April 1, 2023 through June 30, 2026 for the provision of a 24/7 call center to arrange rides with Uber and Lyft for customers of the Aging Services Division’s Berkeley Rides for Seniors and the Disabled program.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the GoGo Technologies, Inc. contract will be from Measure BB Direct Local Distribution funds distributed by the Alameda County Transportation Commission. The total amount of the contract will be $350,000. Funding in the amount of $5,300 for this contract is available in the FY2023 budget in the Measure BB Fund 136. Funding is subject to appropriation in the FY2024, FY2025, and FY2026 budgets in the Measure BB Fund 136.

City of Berkeley receives an annual allocation of Measure BB funds specifically for senior and disabled transportation needs.

CURRENT SITUATION AND ITS EFFECTS
Uber and Lyft are transportation network companies that provide on-demand curb-to- curb transportation. Most Uber and Lyft services are accessed through a smartphone and require the need to download an Uber/Lyft application and navigate the application in order to request a ride. GoGo Technologies, Inc. allows seniors to use Uber and Lyft without the need of a smartphone and provides a 24/7 call center with an automated and operator-assisted system for customers enrolled in the Berkeley Rides for Seniors and the Disabled program. The City has had a Measure BB-funded contract with GoGo Technologies since 2020.

Contract: GoGo Technologies, Inc. for Transportation Services CONSENT CALENDAR for Seniors and the Disabled March 14, 2023

BACKGROUND
GoGo Technologies, Inc. has been providing 24/7 concierge call center services for the coordination of Uber and Lyft rides to seniors since 2016. They leverage the services of Uber and Lyft and tailor their services to the needs of seniors; they match a senior with mobility limitations with a driver and car that meets their special needs, and operators can monitor the rides and provide any needed alerts to family members and emergency contacts. GoGo Technologies, Inc. is the only 24/7 call center concierge service for the provision of Uber and Lyft rides that tailors their services specifically to seniors and people with disabilities. For this reason, staff are recommending a contract with GoGo Technologies without conducting a competitive process.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The use of ridesharing services such as Uber and Lyft reduce several tons of greenhouse gas emissions each year.

RATIONALE FOR RECOMMENDATION
Since 2015, there has been a consistent and significant decrease in the number of permitted taxi companies and taxi drivers in the City of Berkeley. In 2015, there were 59 taxi companies and 110 taxi drivers; currently there are 22 taxi companies and 22 taxi drivers.

With continued diminishing numbers of taxi cabs and taxi cab drivers, this trend will impact the City’s ability to provide an on-demand transportation service to our senior and disabled community. For what will likely be a continued trend in the City of Berkeley, partnering with GoGo Technologies, Inc. ensures we are moving in the direction of continuing to provide an on-demand transportation service that our senior and disabled community members have come to depend upon.

ALTERNATIVE ACTIONS CONSIDERED
The City Council could decide not to adopt this resolution. This would significantly reduce transportation options for Berkeley’s seniors and people with disabilities.

CONTACT PERSON
Tanya Bustamante, Aging Services Division Manager, HHCS, (510) 981-5178 Attachments:
1: Resolution

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

CONTRACT: GOGO TECHNOLOGIES, INC. FOR PROVISION OF

TRANSPORTATION SERVICES FOR SENIORS AND THE DISABLED
WHEREAS, Berkeley Rides for Seniors and the Disabled is an Aging Services Division transportation services program funded by Measure BB by the Alameda County Transportation Commission; and
WHEREAS, Berkeley Rides for Seniors and the Disabled provides transportation services for over 1,324 Berkeley community members; and
WHEREAS, GoGo Technologies, Inc. is a 24/7 concierge call center that arranges rides with Uber and Lyft for the City’s senior and disabled community; and WHEREAS, funding for GoGo Technologies, Inc. contract will be from Measure BB Direct Local Distribution funds in the amount of $350,000; and WHEREAS, funding in the amount of $5,300 for this contract is available in the FY2023 budget in the Measure BB Fund: HHAMBB2301-NonPersonn-Consultant-Consultant; and
WHEREAS, funding is subject to appropriation in the FY2024, FY2025, and FY2026 budgets in the Measure BB Fund: HHAMBB2301-NonPersonn-Consultant-Consultant.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or her designee, is authorized to execute an expenditure contract and any amendments or extensions thereto with GoGo Technologies, Inc. in the amount of $350,000 for the period April 1, 2023 through June 30, 2026 for the purpose of providing a 24/7 concierge call center that arranges rides with Uber and Lyft for the City’s senior and disabled community. A record signature copy of said contract and any amendments shall 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
March 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Contract: mySidewalk, Inc. for HHCS Web-Based Population Health Data Platform

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with mySidewalk, Inc. to provide a web-based population health data platform to access, compile, and share Community Health Assessment (CHA) data, and priority issues and strategies for the Community Health Improvement Plan (CHIP) for the Department of Health, Housing and Community Services (HHCS) from March 15, 2023 to March 14, 2026, in an amount not to exceed $128,315.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $128,315 for the Web-Based Population Health Data Platform is available in the FY 2023 budget: $73,565 in the State Operating Fund (Fund 302), $5,000 General Fund (Fund 011), and $25,250 Trust Fund (Fund 152). Funding is subject to appropriation in the FY 2024 budget in the One-Time Grant Fund (Fund 336) for $24,500.

CURRENT SITUATION AND ITS EFFECTS
As a public health jurisdiction, the City’s core functions include assessing the health of the community’s population and identifying plans to improve it. California Future of Public Health program funding also requires that the City completes a CHA and a CHIP.

In order to complete these, the Department of Health, Housing and Community Services (HHCS) issued a Request for Proposals for a web-based platform to support residents and stakeholders of the City of Berkeley in viewing health data from local, regional, and national sources in an easy-to-understand format, and identified mySidewalk Inc. as the best-qualified vendor.

In the past, preparing the City’s Health Status Report required searching for, downloading, analyzing, laying out, and printing health data from many sources.

This application is already designed to pull from multiple, pre-defined datasets, as well as allow the City of Berkeley to post CHA data and areas of need for its CHIP. A web-

Contract: mySidewalk, Inc. for CONSENT CALENDAR
HHCS Web-Based Population Health Data Platform March 14, 2023

based interactive solution will help community members of all backgrounds to quickly understand health data with the added capability to more deeply explore the data in order to answer questions about community health issues.

The City conducted RFP Specification No. 23-11553-C with proposals due no later than December 1, 2022. The City received four proposals. The selection committee was comprised of the Health Officer, the HHCS Epidemiology team, the Public Health Division manager, and a senior program manager. An interview was conducted with the most qualified organization.

HHCS’ work to make transparent and clear the health improvement needs and progress of our community is a Strategic Plan Priority Project; advancing our goal to champion and demonstrate social and racial equity and to achieve health equity.

BACKGROUND
The City of Berkeley is a thriving community with considerable wealth, high levels of educational attainment, and a rich culture that all contribute to a healthy community.

However, Berkeley is not a city where all people are living long and healthy lives and achieving the highest possible level of health. In Berkeley, African American/Black and other people of color are more likely to die prematurely and experience a wide variety of adverse health conditions throughout their lives.

As reported in the 2018 City of Berkeley Health Status Report, a higher incidence of disease is linked to neighborhoods that have been historically under-resourced and overexposed to unhealthy conditions. These neighborhoods have more people living in poverty and more people of color than surrounding neighborhoods. Like other jurisdictions, these historic and ongoing health inequities have been exacerbated by the impacts of the COVID-19 pandemic. Communities of color, specifically African American/Black and Hispanic/Latinx residents, have a higher COVID-19 positivity rate, hospitalizations, and deaths compared to White residents.

Since 2018, extensive work has been done by HHCS to analyze and identify solutions to overcome the underlying issues that perpetuate these health inequities. HHCS programs serve individuals who are most impacted in Berkeley and continue to make progress toward solving health inequities that have existed and been exacerbated by the COVID-19 pandemic.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental sustainability and climate impact effects or opportunities associated with the action requested in this report.

RATIONALE FOR RECOMMENDATION
The City conducted a competitive bid process and mySidewalk, Inc. successfully met the bid requirements and ranked highest among all bidders given their applicable experience working on similar projects with other jurisdictions in California. Using a

Contract: mySidewalk, Inc. for CONSENT CALENDAR
HHCS Web-Based Population Health Data Platform March 14, 2023

technological solution will allow HHCS staff to spend less time compiling and manipulating data for publication, and more time working with the community to identify goals and strategies for improving health in Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
Instead of choosing a technological solution, the City could continue to compile population health data manually, one source at a time, as had been done in the past, and publish it as a .pdf document. Staff is not recommending the historical approach because using an existing data platform designed for this purpose will be a more efficient way of working with data. In addition, the mySidewalk tool has interactive capabilities that will help support public participation in the project.

CONTACT PERSON
Gabriela Schulz, Epidemiologist, HHCS, [email protected] Attachments:
1: Resolution

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

CONTRACT: MYSIDEWALK, INC. FOR HEALTH, HOUSING, AND COMMUNITY

SERVICES WEB-BASED POPULATION HEALTH DATA PLATFORM
WHEREAS, the City of Berkeley has issued an RFP to obtain a web-based, subscription solution to support residents and stakeholders of the City of Berkeley in viewing health data from local, regional, and national sources in an easy-to-understand format and to support the implementation of a Community Health Assessment (CHA) and a Community Health Improvement Plan (CHIP).

WHEREAS, the City conducted RFP Specification No. 23-11553-C with proposals due no later than December 1, 2022; and
WHEREAS, the City received four proposals in response to this RFP; and WHEREAS, one finalist was invited to meet with the selection committee for a more in- depth review of their proposal and describe their past work with other jurisdictions in California, resulting in the selection of mySidewalk, Inc. as the best-qualified vendor.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley to adopt a Resolution authorizing the City Manager to execute a contract and any amendments with mySidewalk, Inc. to provide a web-based, subscription solution to support residents and stakeholders of the City of Berkeley in viewing health data from local, regional and national sources in an easy-to-understand format and to support the implementation of a CHA and CHIP in Health, Housing, and Community Services from March 15, 2023 to March 14, 2026, in an amount not to exceed $128,315.

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
March 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Contract No. 32000225 Amendment: Its Personnel Consulting for Recruitment, Hiring, and Independent Workplace Investigation

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000225 with Its Personnel Consulting for recruitment, hiring and independent workplace investigation services, increasing the amount by $149,000 for total amount not to exceed $349,000 and extending the term of the contract through June 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
The original contract for services with Its Personnel was for the amount of $49,000. Last year, that amount was increased to $200,000 at the request of the Fire Department for personnel investigation services. Presently, an additional $149,000 is needed for subsequent and ongoing services provided by Its Personnel Consulting to the Human Resources (HR) Department, both in the realms of recruitment/hiring and workplace investigations.

Funding for the amendment and additional years will be included in the General Fund budget code 011-34-343-000-0000-000-412-612990.

Original Contract Amount (November 2020) $49,000
Amended Amount (Fire Department Request, 2022) $151,000 Proposed Increase (This Amendment) $149,000
Total New Contract Amount $349,000
Budget Code: 011-34-343-000-0000-000-412-612990
Original Contract $49,000
Amendment in 2022 (Fire Department) $151,000
Proposed Increase (This Amendment) $149,000
Total Expense Budget for Contract $349,000

Contract No. 32000225 Amendment: Its Personnel Consulting CONSENT CALENDAR March 14, 2023

CURRENT SITUATION AND ITS EFFECTS
The Human Resources Department relies on Its Personnel Consulting for two types of services: Its Personnel (1) provides supplemental staffing for recruitment and hiring activities that include review of candidate job qualifications; and (2) conducts workplace investigations (interviewing parties and witnesses, collecting and reviewing pertinent information, and issuing reports of findings) whenever the requisite investigations are too voluminous to be handled by the HR Department or involve the need for independent third-party investigators due to their sensitive nature.

BACKGROUND
The impacts of the COVID-19 pandemic and the high vacancy rates in the HR Department have created capacity challenges with regard to both recruitments/hiring and personnel investigations. The gaps in recruitment/hiring exacerbated high vacancy rates throughout the City, while the absence of investigative staff affected both employee relations and equal employment opportunity (EEO) complaints.

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

RATIONALE FOR RECOMMENDATION
As the HR Department rebuilds with a new team, it intends to strategically utilize the services provided by Its Personnel in order to enhance capacity and productivity with recruitment so that hiring can exceed attrition in 2023, and the City can begin bridging its vacancy gap. HR also plans to rely on Its Personnel for highly sensitive workplace investigations that require the involvement of independent third parties in order to eliminate the perception of bias and ultimately lower the risk of liability for the City.

ALTERNATIVE ACTIONS CONSIDERED
The alternative of assigning these functions solely to in-house staff would limit the City’s efforts to fill vacancies and to conduct timely workplace investigations in order to mitigate risk.

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

Attachments:
1: Resolution

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

CONTRACT NO. 32000225 AMENDMENT: ITS PERSONNEL CONSULTING

SERVICES FOR RECRUITMENT, HIRING, AND INDEPENDENT WORKPLACE

INVESTIGATION
WHEREAS, on May 14, 2020, the Human Resources Department entered into an agreement with Its Personnel Consulting as a supplemental provider of recruitment/hiring services and as an independent third party to conduct workplace investigations by gathering facts through interviewing parties/witnesses, collecting and reviewing pertinent information, and reporting such findings to the Human Resources Director; and WHEREAS, the cost to obtain the services of Its Personnel Consulting from November 1, 2019 to December 31, 2020 was $49,000, and the original contract was previously amended on April 26, 2022 by Resolution No. 70,307-N.S., when the amount was increased to $200,000 in 2022 to permit payment by the Fire Department for workplace investigations; and
WHEREAS, an additional $149,000 is needed to continue the use of Its Personnel Consulting to assist the HR Department in recruitment/hiring efforts and with workplace investigations on an as-needed basis; and
WHEREAS, funds are available and will be budgeted in future fiscal years in an amount not to exceed $349,000 through June 30, 2024 in budget code 011-34-343-000-0000- 000-412-612990.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32000225 with Its Personnel Consulting for recruitment, hiring and independent workplace investigation services to increase the amount by $149,000, for a total not to exceed $349,000, and to extend the term through June 30, 2024. 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
March 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Contract No. 32100046 Amendment: HR Acuity, LLC for Case Management and Employee Relations Software

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100046 with HR Acuity, LLC for case management and employee relations software, increasing the amount by $139,000 for a total amount not to exceed $189,000, and extending the contract term to June 30, 2025.

HR Acuity, LLC is a comprehensive HR case management and employee relations software which is utilized by the Human Resources Department, the City Attorney’s Office, and the Library to properly track, manage, and maintain records regarding leaves, discipline, grievances, equal employment opportunity (EEO) complaints, and ADA accommodation matters for consistency in case management and compliance with laws/regulations.

FISCAL IMPACTS OF RECOMMENDATION
The contract amendment with HR Acuity, LLC will add $139,000 to the original contract through the end of Fiscal Year 2025.

Funding for the amendment and additional years will be included in the General Fund budget code 011-34-343-000-0000-000-412-612990.

Original Contract Amount (FY 2020-2021) $50,000
FY 2021–2022 $28,500
FY 2022–2023 $28,500
FY 2023–2024 $41,000
FY 2024–2025 $41,000
Total New Contract Amount $189,000

Contract No. 32100046 Amendment: HR Acuity, LLC CONSENT CALENDAR March 14, 2023
2 The increase in FY2023-2024 and 2024-2025 is to account for 15 users rather than 10 users in prior years.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley is a full-service city and is responsible for properly recording and maintaining case management records pertaining to employee leaves, ADA accommodations, disciplinary actions, and union grievances to ensure consistent application and compliance with applicable laws, regulations, and collective bargaining agreements.

On October 1, 2020, the City entered into Contract No. 32100046 with HR Acuity, LLC to procure its Human Resources (HR) case management software to centralize and better manage its case records. The original contract was not to exceed $50,000. Since the inception of the HR Acuity software, the HR Department has realized the benefits of the system, and its use has been extended to the City Attorney’s Office, as well as the Library.

The original funds in the contract with HR Acuity have been exhausted, and license fees are owing for last fiscal year and the current fiscal year. Moreover, the HR Department would like to continue the use of the HR Acuity software; therefore, a contract amendment is necessary to continue this contract through FY2024-2025 with additional funding.

BACKGROUND
HR Acuity’s software as a service (SaaS) technology with built-in templates and reporting mechanism allows employers to conduct fair investigations according to best practices, as well as uncover trends and patterns through forward-looking data and analytics. HR Acuity helps document, track, and manage requests for leaves and accommodations, employee performance and behavioral issues, and investigations into higher risk issues, such as harassment and discrimination.

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

RATIONALE FOR RECOMMENDATION
HR Acuity, LLC has provided a robust platform through which various units within the HR Department can document, track, and manage employee relations (e.g., discipline matters), labor relations (e.g., grievances), EEO investigations, and leave requests. The software is utilized by users outside the HR Department as well, including the City Attorney’s Office and the Library.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

Contract No. 32100046 Amendment: HR Acuity, LLC CONSENT CALENDAR March 14, 2023
3 Attachment:
1: Resolution

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

CONTRACT NO. 32100046 AMENDMENT: HR ACUITY, LLC FOR CASE

MANAGEMENT AND EMPLOYEE RELATIONS SOFTWARE
WHEREAS, the HR Acuity case management software allows staff the use of modernized and evolving technology to document employee performance and behavioral issues, and conduct investigations into higher-risk issues, such as harassment and discrimination, and maintain proper records of leaves and accommodations; WHEREAS, on October 1, 2020, the City entered into Contract No. 32100046 with HR Acuity, LLC to procure its HR case management software to centralize and better manage its case records;
WHEREAS, amending the existing contract with HR Acuity, LLC to continue the use of its HR case management software is essential for the Human Resources Department; WHEREAS, an additional $139,000 is needed to continue the use HR Acuity, LLC until the end of Fiscal Year 2025; and
WHEREAS, funds are available and will be budgeted in future fiscal years in an amount not to exceed $189,000 through June 30, 2025 in budget code 011-34-343-000-0000- 000-412-613130.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32100046 with HR Acuity, LLC for use of their HR case management software, increasing the amount by $139,000 for a total amount not to exceed $189,000, and extending the contract term through June 30, 2025.

A record signature copy of said contract and any amendments are 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
March 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Purchase Orders – Glassdoor to Provide Search Engine Optimization (SEO) and Ad Work

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute purchase orders with Glassdoor to provide search engine optimization (SEO) and ad work for two years from April 1, 2023 until March 31, 2025 in an amount not to exceed $150,000.

FISCAL IMPACTS OF RECOMMENDATION
Purchase orders will be made from April 1, 2023 until March 31, 2025 in an amount not to exceed $150,000. Partial funding is already budgeted annually in the Human Resources budget (147-72-742-835-0000-000-422-612410) and may be supplemented by other departments, according to their level of need and availability of funds.

CURRENT SITUATION AND ITS EFFECTS
The Human Resources Department has been working diligently on several recruitment initiatives to boost interest in positions with the City of Berkeley. Indeed and Glassdoor have formed a partnership which will prove beneficial and supportive to ongoing efforts specifically with regard to SEO work, recruitment, and branding.

BACKGROUND
Indeed and Glassdoor have formed a partnership that positions them as a leading recruitment and branding platform in the United States. Their service helps increase profile views and drives more candidates to apply for jobs posted through the platform.

This service is only available through this organization and will result in branded job postings on Indeed.com for all city vacancies. It will offer a variety of back-end functionality, branded alerts to city followers, search engine optimization and recruitment ads through Glassdoor, and will allow the City to track what recruitment techniques are working and which are not so that the City’s online presence can be enhanced and optimized.

Purchase Orders: Glassdoor to Provide Search Engine Optimization (SEO) and Ad Work CONSENT CALENDAR March 14, 2023

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There is no known environmental sustainability and climate impacts.

RATIONALE FOR RECOMMENDATION
The City is experiencing significant recruitment challenges and needs to enhance its outreach efforts in order to market itself to potential applicants. This will support our goal to attract and retain a talented and diverse City workforce, and shrink the current vacancy rate.

ALTERNATIVE ACTIONS CONSIDERED
Continuing recruitment without utilizing these platforms which have proven to be effective for many other municipalities.

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

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

PURCHASE ORDERS - GLASSDOOR TO PROVIDE SEARCH ENGINE

OPTIMIZATION (SEO) AND AD WORK
WHEREAS, the Human Resources Department for the City of Berkeley is primarily responsible for the oversight of recruitment and retention of talented City staff; and WHEREAS, the Berkeley Human Resources Department has taken the lead role in engaging public-private partners in support of recruitment and retention efforts Citywide; and
WHEREAS, the funding obtained will be utilized to support supports the City’s Strategic Plan’s goal to attract and retain a talented and diverse City workforce.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute purchase orders with Glassdoor to provide recruitment and branding services for two years from April 1, 2023 until March 31, 2025 in an amount not to exceed $150,000.

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
March 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Purchase Orders: Indeed to Provide Search Engine Optimization (SEO) and Ad Work

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute purchase orders with Indeed to provide search engine optimization (SEO) and ad work for two years from April 1, 2023 until March 31, 2025 in an amount not to exceed $110,000.

FISCAL IMPACTS OF RECOMMENDATION
Purchase orders will be made from April 1, 2023 until March 31, 2025 in an amount not to exceed $110,000. Partial funding is already budgeted annually in the Human Resources budget (147-72-742-835-0000-000-422-612410) and may be supplemented by other departments, according to their level of need and availability of funds.

CURRENT SITUATION AND ITS EFFECTS
The Human Resources Department has been working diligently on several recruitment initiatives to boost interest in positions with the City of Berkeley. Indeed and Glassdoor have formed a partnership, which will prove beneficial and supportive to ongoing efforts specifically with regard to SEO work, recruitment, and branding.

BACKGROUND
Indeed and Glassdoor have formed a partnership that positions them as a leading recruitment and branding platform in the United States. Their service helps increase profile views and drives more candidates to apply for jobs posted through the platform.

This service is only available through this organization and will result in branded job postings on Indeed.com for all City vacancies. It will offer a variety of back-end functionality, branded alerts to City followers, search engine optimization, and recruitment ads through Glassdoor, and will allow the City to track what recruitment techniques are working and which are not so that the City’s online presence can be enhanced and optimized.

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

Purchase Orders: Indeed to Provide Search Engine Optimization (SEO) and Ad Work CONSENT CALENDAR March 14, 2023

RATIONALE FOR RECOMMENDATION
The City is experiencing significant recruitment challenges and needs to enhance its outreach efforts in order to market itself to potential applicants. This will support our Citywide goal to attract and retain a talented and diverse City workforce, and shrink the current vacancy rate.

ALTERNATIVE ACTIONS CONSIDERED
Continuing recruitment without utilizing these platforms which have proven to be effective for many other municipalities.

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

Attachments:
1: Resolution

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

PURCHASE ORDERS: INDEED TO PROVIDE SEARCH ENGINE OPTIMIZATION (SEO) AND AD WORK
WHEREAS, the Human Resources Department for the City of Berkeley is primarily responsible for the oversight of recruitment and retention of talented City staff; and WHEREAS, the Human Resources Department has taken the lead role in engaging public-private partners in support of recruitment and retention efforts Citywide; and WHEREAS, the funding obtained will be utilized to support supports the City’s Strategic Plan’s goal to attract and retain a talented and diverse City workforce.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute purchase orders with Indeed to provide recruitment and branding services for two years from April 1, 2023 until March 31, 2025 in an amount not to exceed $110,000.

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
March 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Department of Information Technology Subject: Contract No. 31900187 Amendment: LV.NET (formerly Towerstream) for Secondary Internet for Redundancy and Load Balancing

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend the contract with LV.NET (formerly Towerstream, Inc.) for redundant secondary internet services, increasing the contract amount by $106,000 for a total not-to-exceed amount of $278,000 from October 3, 2017 to June 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the additional services in the amount of $106,000 will be available in the Information Technology Communications Services Fund (502) as itemized below.

Planned spending in future fiscal years (FY) are subject to Council approval of the proposed city-wide budget and Annual Appropriation Ordinances.

FY 2018-24 Description
$106,000.00 Subscription service through June 2024. Budget Code: 502 Fund (Comm Svcs) $172,000.00 Subscription expenditures to date under previous Council spending authorization $278,000.00 Total FY2018-2024 Not To Exceed Value

CURRENT SITUATION AND ITS EFFECTS
The City’s reliance on a stable, redundant internet connection is critical for the daily functioning of its core operations.

LV.NET provides a secondary (backup and redundant) means to connect to the internet, thereby minimizing any potentials for an outage, should either the City’s AT&T internet connection be interrupted, or vice-versa. Additionally, LV.NET is used to increase data speed and capacity for the City, by utilizing its connectivity in parallel with the City’s AT&T connection.

The LV.NET secondary internet connection for the City is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities. This increase in spending authority will cover the next two (2) years of service (through FY 2024).

Contract No. 31900187 Amendment: LV.NET (formerly Towerstream, Inc.) for CONSENT CALENDAR Secondary Internet for Redundancy and Load Balancing March 14, 2023

BACKGROUND
In FY 2017, the AT&T internet connection served as the primary internet connection for all City staff with no redundancy in place. In FY 2018, the City upgraded the AT&T internet bandwidth from 250 MB to 500 MB and deployed a Towerstream (now LV.NET) internet connection (500 MB) at the Corporation Yard to serve as a backup internet connection in the event that the primary internet connection, located at City Hall, ever went down.

In addition, the City also implemented load balancing technology for incoming internet traffic, so that both internet connections are sharing the load of incoming traffic to the City network.

In FY 2022, LV.NET acquired Towerstream's customers and network infrastructure in Las Vegas, Reno, San Francisco, and Seattle and informed the City of this sale. Contractual obligations remain unchanged.

ENVIRONMENTAL SUSTAINABILITY
Providing a fast and reliable internet connection for City staff allows City staff to perform more tasks from their offices, and allows Berkeley residents to use more online tools and services, reducing the need to physically come to City offices to conduct business, and reducing greenhouse gas emissions required for travel to and from their homes.

RATIONALE FOR RECOMMENDATION
This increase in spending authority will cover the next two (2) years of service by LV.NET.

The City selected LV.NET (formerly Towerstream) over other internet service providers because of their wireless technology. The City’s current internet connection runs through AT&T’s fiber network, and utilizing a wireless solution as a redundant backup solution makes more sense than acquiring a second fiber-based solution, where both fiber internet connections could be subject to the same kind of damage.

In addition, the City installed the LV.NET (formerly Towerstream) internet connection in a different physical location (the Corporation Yard) than the primary internet connection (City Hall), to provide additional physical redundancy and resilience in the event of a local disaster.

ALTERNATIVE ACTIONS CONSIDERED
The City considered other fiber-based internet service providers, but given the location of Berkeley and its vicinity to multiple earthquake fault lines, in particular the Hayward fault, Department of Information Technology staff decided to implement a wireless internet solution to minimize a single-point of failure scenario.

CONTACT PERSON
Kevin Fong, Director, Department of Information Technology, 510-981-6541

Contract No. 31900187 Amendment: LV.NET (formerly Towerstream, Inc.) for CONSENT CALENDAR Secondary Internet for Redundancy and Load Balancing March 14, 2023

Attachments:
1: Resolution

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

CONTRACT NO. 31900187 AMENDMENT: LV.NET FOR SECONDARY INTERNET

FOR REDUNDANCY AND LOAD BALANCING
WHEREAS, the internet is a vital service for the City functions, enabling e-commerce, online research, customer interaction, data flow, sharing of files; WHEREAS, the reliability of a fast and dependable internet connection has become increasingly important to conduct day to day business and provide essential services to the community; and
WHEREAS, the projected cost for Fiscal Years 2023-2024 is $53,000 per year, $106,000 in total, which will be available in the Department of Information Technology’s Communications Services fund (fund 502), planned spending in future fiscal years (FY) are subject to Council approval of the proposed city-wide 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 amend Contract No. 31900187 (FUND$) with LV.NET for redundant secondary internet services, increasing the contract amount by $106,000 for a total not-to-exceed amount of $278,000 from October 3, 2017 to June 30, 2024.

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

CONSENT CALENDAR
March 14, 2023
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín (Author), Councilmember Sophie Hahn (Co-Sponsor), Councilmember Kate Harrison (Co-Sponsor), Councilmember Susan Wengraf (Co-Sponsor)
Subject: Opposition to Initiative #1935

RECOMMENDATION
Adopt a Resolution to oppose Initiative #1935, the deceptively named “Taxpayer Protection and Government Accountability Act”.

BACKGROUND
Initiative #1935, the deceptively named “Taxpayer Protection and Government Accountability Act” is an initiative that was recently approved for the November 2024 ballot after a successful signature drive.

The proposed initiative would limit the ability of voters and state and local governments to raise revenues for government services. It does so by requiring any new or higher tax be passed by at least two-thirds. It also eliminates voters’ ability to advise how to spend revenues from proposed general tax on same ballot as the proposed tax, such as what was done with 2014’s Measure D, the Soda Tax, and 2018’s Measure P, the property transfer tax increase. Both these measures were general taxes, with commissions formed to advise how such funds would be spent. All measures passed after January 2022 would be invalidated unless re-voted on, and must comply with the Act’s new rules, including a requirement to have a sunset date. It also expands the definition of “taxes” to include certain regulatory fees, broadening application of tax approval requirements.

This initiative is based on a proposed 2018 proposition that was ultimately withdrawn by its proponents after it received heavy opposition from local governments and various stakeholders. The Berkeley City Council voted unanimously to approve Resolution No. 68,401–N.S., opposing the 2018 version of this proposition. When the latest iteration was first introduced in 2022, the Council expressed its opposition through Resolution No. 70,253-N.S. Now that it has qualified for the ballot, reiterating our opposition and joining a wide coalition of local government, public safety, labor, and infrastructure advocates will help send a message to the voters of the dangerous consequences if this were to pass.

FINANCIAL IMPLICATIONS
If the initiative is approved by California voters, it would make it more difficult for local voters to pass measures needed to fund local services and infrastructure.

Opposition to Initiative #1935 CONSENT CALENDAR
March 14, 2023

ENVIRONMENTAL SUSTAINABILITY
If the initiative is approved by California voters, it would impact our ability to raise funds to advance environmental measures outlined in our Climate Action Plan and related environmental policies.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution

Opposition to Initiative #1935 CONSENT CALENDAR
March 14, 2023
RESOLUTION NO. ##,###-N.S.

IN OPPOSITION OF INITIATIVE #1935
WHEREAS, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act (Initiative #1935) to be considered for the November 2024 ballot, which would decimate vital local and state revenue-generating methods; and WHEREAS, on February 2, 2023, the Secretary of State reported that proponents of the Taxpayer Protection and Government Accountability Act submitted 1,075,585 valid signatures, thus exceeding the 997,139 valid signatures required to qualify for the November 5, 2024 ballot; and
WHEREAS, the measure creates barriers for cities to maintain and generate revenue to provide services to communities, including local infrastructure, protecting our environment, water quality, air quality, and natural resources; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure; and
WHEREAS, a coalition local government, public safety, labor, and infrastructure advocates have joined together to fight against this measure; and WHEREAS, according to municipal finance experts, should the Taxpayer Protection and Government Accountability Act be passed by voters, billions of local government fee and charge revenues placed at heightened legal peril. This will result in related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use; and WHEREAS, hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved after January 1, 2022 would become out of compliance and would need to be resubmitted to voters for approval; and WHEREAS, this initiative would affect recently approved local measures, such as Measure M, the vacancy tax approved in the November 2022 election; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, harbors, affordable housing, services to support homeless residents, mental health services, and more.

Opposition to Initiative #1935 CONSENT CALENDAR
March 14, 2023
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that that it hereby opposes Initiative #1935, deceivingly called the “Taxpayer Protection and Government Accountability Act.

BE IT FURTHER RESOLVED that the City of Berkeley will join the NO on Initiative #1935 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability , have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1

either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect , and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy , healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two- thirds vote and voter approval requirements for government revenue increases created by the courts includin g, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature , and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2

(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3

that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4

.lfl..W
11 General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute . (f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5

(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read :

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6

as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7

(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other i nitiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordabili ty and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8

declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-[XXXX] ● TDD: (510) 981-6903 ● Fax: (510) 981-[XXXX] E-Mail: [e-mail address]

CONSENT CALENDAR
March 14, 2023
To: Members of the City Council
From: Mayor Jesse Arreguín, Councilmember Robinson (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Subject: Resolution to Support SB 50

RECOMMENDATION
Adopt a resolution in support of Senate Bill 50 with amendments, introduced by Senator Steven Bradford. Send a copy of the Resolution to Governor Gavin Newsom, State Senators Nancy Skinner and Scott Weiner, and Assemblymember Buffy Wicks.

SUMMARY
If adopted, California Senate Bill 50 would allow the City of Berkeley to move forward with alternatives to peace officers stopping or detaining the operator of a motor vehicle or bike for low-level infractions, and authorize local authorities to enforce Vehicle Code violations.

BACKGROUND
In the State of California, peace officers can stop an automobile and detain persons when officers possess probable cause that a traffic violation has occurred. Officers may use ulterior motives to justify probable cause leading to a traffic stop. Thus officers are within the law to make a stop despite it not being related to traffic enforcement. This creates an opportunity for other non-traffic related motives to play an outsized role as the basis for probable cause leading to a vehicle stop.

Statewide, drivers identified by officers as Black were 2.2 times more likely to be searched than people identified as White, according to an analysis of millions of vehicle and pedestrian stops in 2021 by the California Racial and Identity Profiling Advisory Board. The board recommends limiting enforcement of traffic laws and minor offenses that pose little risk to public safety, a recommendation in line with the City of Berkeley’s commitment to Reimagining Public Safety.

The Public Policy Institute of California (PPIC) released findings in an October 2022 report detailing racial disparities in both the frequency of stops and the collection of evidence to lead to enforcement. Black drivers make up about a third of traffic stops in the hours around midnight, roughly twice the share of white drivers, and while local law enforcement officers are especially likely to search Black and Latino drivers during nighttime stops, discovery rates for contraband or evidence are lower than those of white drivers. Nearly one in three stops of Black drivers in the hours before and after

CONSENT CALENDAR
March 14, 2023

midnight result in no enforcement of traffic violations or discovery of contraband. Traffic stops that lead to no enforcement or discovery are not only a nuisance to the public, disproportionately effecting people of color, but are worth considering when exploring alternative enforcement methods without endangering public safety.

According to an audit of the City’s traffic stop data, Black and Hispanic people are more likely to be stopped and searched by police than white and Asian people. For example, between 2015 and 2019, Black people were stopped at a rate 4.25 times greater than their white counterparts, with 34% of all traffic stops involving Black people despite this group making up 8% of our City’s population. Hispanic residents accounted for 13% of officer-initiated stops while making up 11% of our population. During this same period, 55% of police stops were made in response to calls to the city’s non-emergency dispatch center.

Senate Bill 50 would amend Section 21 of the Vehicle Code to:
1) prohibit a peace officer from stopping or detaining the operator of a motor vehicle or bicycle for a low-level infraction, unless there exists a separate and independent basis for a stop;
2) authorize a peace officer to, when they do not have grounds for a stop, determine the identity of the owner of the vehicle or bicycle and send a citation or warning letter to said owner; and
3) authorize local authorities to enforce Vehicle Code violations through government employees who are not peace officers.

A low-level infraction is detailed as meaning violations relating to:
1) vehicle registration;
2) positioning of license plates;
3) non-working turn, break lights, headlights, and other illuminating equipment; 4) window tints or obstructions to viewing;
5) vehicle bumper equipment; and
6) bicycle equipment and operation.

Through the City’s approved process towards Reimaging Public Safety1, we have made commitments to investigating the effects of distributing traffic enforcement responsibility 1 On May 5, 2022, Council approved the Mayor’s budget referral for Reimagining Public Safety (Item 1.a), which was ultimately approved during the FY 2023 and 2024 biennial budget. These steps included nearly $1 million in estimated consultant costs to help the City analyze the creation of the Berkeley Department of Transportation (BerkDOT), the creation of a new Department of Community Safety, an evaluation of potential changes to Berkeley’s dispatch center; and an analysis of BPD’s staffing.

CONSENT CALENDAR
March 14, 2023

away from our police officers, freeing them to dedicate resources to completing investigatory work on more serious crimes and offenses. Passage of SB 50 will clear a path for the City Manager to continue developing the organizational design and study of a Berkeley Department of Transportation (BerkDOT)2, which may remove certain traffic enforcement responsibilities away from police functions.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental impact.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution (SUPPORT OF CALIFORNIA SENATE BILL 50)
2: Latest text of SB 50 (as of January 13, 2023)
2 On May 5, 2022, and with the passage of the biennial FY 2023 and FY 2024 budget, Council approved the investment of $300,000 to fund the BerkDOT process that, in addition to furthering the organizational development, also committed to using consultant services to develop a vision for unarmed traffic enforcement and a new paradigm for supporting traffic safety that aligns with vision-zero, and evaluate paths to unarmed enforcement under both the scenario that state law changes to enable non-peace officer enforcement as well as the. potential for a new designation of peace officers to enforce the California Vehicle Code

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

SUPPORTING SENATE BILL 50
WHEREAS, According to statewide statistics, drivers identified by officers as Black were

2.2 times more likely to be searched than people identified as White, according to an analysis of millions of vehicle and pedestrian stops in 2021 by the California Racial and Identity Profiling Advisory Board; and
WHEREAS, the City of Berkeley recognizes the benefits of exploring how traffic enforcement may be shifted to unarmed City employees to reduce the likelihood of traffic stops escalating to fatal encounters such as the recent murder of Tyre Nichols; and WHEREAS, the City acknowledges the historical racial bias traffic stops present in disproportionately stopping and releasing persons of color without evidence needed for traffic enforcement or contraband; and
WHEREAS, the City of Berkeley experiences high racial disparities when considering traffic stop data, including, between 2015 and 2019, Black persons being stopped at a

4.25 times greater rate than their white counterparts, and an average of 34% of traffic stops involving Black people despite making up 8% Berkeley’s population; and

WHEREAS, Senate Bill 50, introduced by Senator Steven Bradford, would amend state law to prohibit a peace officer from stopping or detaining the operator of a motor vehicle or bike for low-level infractions, and also the bill would authorize local authorities to enforce Vehicle Code violations through government employees who are not peace officers; and
WHEREAS, in 2020, the City Council launched the process to reimagine public safety including the creation of the Berkeley Department of Transportation (BerkDOT), creating a new civilian department to coordinate traffic enforcement, transportation planning and engineering. The goals of the BerkDOT process are to: 1) develop a vision for unarmed traffic enforcement and a new paradigm for supporting traffic safety that aligns with vision- zero, and 2) evaluate paths to unarmed traffic enforcement under the scenario that state law changes to enable non-peace officer enforcement; and WHEREAS, the passage of SB 50 will support the City’s efforts to design and implement a new Berkeley Department of Transportation (BerkDOT) which may absorb traffic enforcement responsibilities away from armed police officers from the Berkeley Police Department, and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports SB 50 with its current amendments.

CONSENT CALENDAR
March 14, 2023

BE IT FRUTHER RESOLVED that copies of the Resolution be sent to Governor Gavin Newsom, State Senators Nancy Skinner and Scott Weiner, and Assemblymember Buffy Wicks.

AMENDED IN SENATE FEBRUARY 13, 2023
SENATE BILL No. 50
Introduced by Senator Bradford
(Principal coauthors: Assembly Members Kalra and Bryan) (Coauthor: Senator Wahab)
(Coauthors: Assembly Members Jackson and McKinnor)
December 5, 2022
An act to amend Sections 21 and 21100 of, and to add Section 2804.5 to, the Vehicle Code, relating to criminal procedure. vehicles. legislative counsel’s digest
SB 50, as amended, Bradford. Criminal procedure: arrests. Vehicles:
enforcement.

Existing law authorizes a peace officer to make an arrest pursuant to a warrant or without a warrant if, among other circumstances, the officer has probable cause to believe that the person has committed a public offense in the officer’s presence. Under existing law, it is unlawful to disobey the lawful order, signal, or direction of a uniformed peace officer performing any duties pursuant to the Vehicle Code or to refuse to submit to any lawful vehicular inspection authorized by the Vehicle Code.

Existing case law deems a temporary detention of a person during an automobile stop by the police, even if only for a brief period and for a limited purpose, a seizure, under the Fourth Amendment of the Constitution of the United States, and as such, requires the actions to be reasonable. Under existing case law, the decision to stop an automobile is reasonable if the police have probable cause to believe that a traffic violation has occurred. Existing case law holds that constitutional reasonableness of traffic stops does not depend on the

98

actual motivations of the individual officers involved and that ulterior motives do not invalidate police conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred.

This bill would state the intent of the Legislature to enact legislation relating to limiting a peace officer’s authority to initiate pretextual stops to reduce racial profiling and the harm stemming from such stops.

This bill would prohibit a peace officer from stopping or detaining the operator of a motor vehicle or bicycle for a low-level infraction, as defined, unless a separate, independent basis for a stop exists. The bill would authorize a peace officer who does not have grounds to stop a vehicle or bicycle, but can determine the identity of the owner, to send a citation or warning letter to the owner.

The bill would authorize local authorities to enforce a violation of the Vehicle Code through government employees who are not peace officers.

V ote: majority. Appropriation: no. Fiscal committee: no yes.​ State-mandated local program: no.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 21 of the Vehicle Code is amended to line 2 read:
line 3 21. (a)  Except as otherwise expressly provided, the provisions line 4 of this code are applicable and uniform throughout the state and line 5 in all counties and municipalities therein, and a local authority line 6 shall not enact or enforce any ordinance or resolution on the matters line 7 covered by this code, including ordinances or resolutions that line 8 establish regulations or procedures for, or assess a fine, penalty, line 9 assessment, or fee for a violation of, matters covered by this code, line 10 unless expressly authorized by this code.
line 11 (b)   To the extent permitted by current state law, this section line 12 does not impair the current lawful authority of the Mountains line 13 Recreation and Conservation Authority, a joint powers authority, line 14 or any member agency constituted therein as of July 1, 2010, to line 15 enforce an ordinance or resolution relating to the management of line 16 public lands within its jurisdiction.
line 17 (c)  This section does not preclude a county, city, municipality, line 18 or any other local authority from enforcing a violation provided line 19 in this code through government employees who are not peace line 20 officers.
98 — 2 — SB 50

line 1 SEC. 2. Section 2804.5 is added to the Vehicle Code, to read:
line 2 2804.5. (a)   (1) For the purpose of this section, “low-level line 3 infraction” means any of the following:
line 4 (A)  A violation related to the registration of a vehicle or vehicle line 5 equipment in Sections 4000, 5352, and 12951.
line 6 (B)  A violation related to the positioning or number of license line 7 plates when at least one plate is clearly displayed, in Sections line 8 5200, 5201, and 5204.
line 9 (C)  A violation related to vehicle lighting equipment not line 10 illuminating, if the violation is limited to a single brake light, line 11 headlight, or running light, or a single bulb in a larger light of the line 12 same, in Sections 24252, 24400, and 24600.
line 13 (D)  A violation related to window tints or obstructions in line 14 Sections 26708 and 26708.5.
line 15 (E)  A violation related to vehicle bumper equipment in Section line 16 28071.
line 17 (F)  A violation related to bicycle equipment or operation in line 18 Sections 21201 and 21212.
line 19 (2)  “Low-level infraction” does not include violations relating line 20 to commercial vehicles.
line 21 (b)  Notwithstanding any other law, a peace officer shall not line 22 stop or detain the operator of a motor vehicle or a bicycle for a line 23 low-level infraction unless there is a separate, independent basis line 24 to initiate the stop.
line 25 (c)  If an officer does not have grounds to stop or detain the line 26 operator of a motor vehicle or bicycle, and the officer can identify line 27 the owner of the vehicle, the officer’s agency may, consistent with line 28 current law, mail a citation to the owner, or send a warning letter line 29 identifying the violation and instructing the owner to correct the line 30 defect or otherwise remedy the violation.
line 31 SEC. 3. Section 21100 of the Vehicle Code is amended to read:
line 32 21100. Local authorities may adopt rules and regulations by line 33 ordinance or resolution regarding all of the following matters:
line 34 (a)  Regulating or prohibiting processions or assemblages on the line 35 highways.
line 36 (b)   Licensing and regulating the operation of vehicles for hire line 37 and drivers of passenger vehicles for hire.
line 38 (c)   Regulating traffic by means of traffic officers. officers or line 39 other government employees.
98 SB 50 — 3 —

line 1 (d)  Regulating traffic by means of official traffic control devices line 2 meeting the requirements of Section 21400.
line 3 (e)  (1)  Regulating traffic by means of a person given temporary line 4 or permanent appointment for that duty by the local authority when line 5 official traffic control devices are disabled or otherwise inoperable, line 6 at the scenes of accidents or disasters, or at locations as may require line 7 traffic direction for orderly traffic flow.
line 8 (2)   A person shall not be appointed pursuant to this subdivision line 9 unless and until the local authority has submitted to the line 10 commissioner or to the chief law enforcement officer exercising line 11 jurisdiction in the enforcement of traffic laws within the area in line 12 which the person is to perform the duty, for review, a proposed line 13 program of instruction for the training of a person for that duty, line 14 and unless and until the commissioner or other chief law line 15 enforcement officer approves the proposed program. The line 16 commissioner or other chief law enforcement officer shall approve line 17 a proposed program if he or she reasonably determines they line 18 reasonably determine that the program will provide sufficient line 19 training for persons assigned to perform the duty described in this line 20 subdivision.
line 21 (f)   Regulating traffic at the site of road or street construction or line 22 maintenance by persons authorized for that duty by the local line 23 authority.
line 24 (g)   (1)  Licensing and regulating the operation of tow truck line 25 service or tow truck drivers whose principal place of business or line 26 employment is within the jurisdiction of the local authority, line 27 excepting the operation and operators of any auto dismantlers’ tow line 28 vehicle licensed under Section 11505 or any tow truck operated line 29 by a repossessing agency licensed under Chapter 11 (commencing line 30 with Section 7500) of Division 3 of the Business and Professions line 31 Code and its registered employees.
line 32 (2)   The Legislature finds that the safety and welfare of the line 33 general public is promoted by permitting local authorities to line 34 regulate tow truck service companies and operators by requiring line 35 licensure, insurance, and proper training in the safe operation of line 36 towing equipment, thereby ensuring against towing mistakes that line 37 may lead to violent confrontation, stranding motorists in dangerous line 38 situations, impeding the expedited vehicle recovery, and wasting line 39 state and local law enforcement’s limited resources. 98 — 4 — SB 50

line 1 (3)   This subdivision does not limit the authority of a city or city line 2 and county pursuant to Section 12111.
line 3 (h)   Operation of bicycles, and, as specified in Section 21114.5, line 4 electric carts by physically disabled persons, or persons 50 years line 5 of age or older, on public sidewalks.
line 6 (i)  Providing for the appointment of nonstudent school crossing line 7 guards for the protection of persons who are crossing a street or line 8 highway in the vicinity of a school or while returning thereafter line 9 to a place of safety.
line 10 (j)   Regulating the methods of deposit of garbage and refuse in line 11 streets and highways for collection by the local authority or by line 12 any person authorized by the local authority.
line 13 (k)   (1)  Regulating cruising.
line 14 (2)   The ordinance or resolution adopted pursuant to this line 15 subdivision shall regulate cruising, which is the repetitive driving line 16 of a motor vehicle past a traffic control point in traffic that is line 17 congested at or near the traffic control point, as determined by the line 18 ranking peace officer on duty within the affected area, within a line 19 specified time period and after the vehicle operator has been given line 20 an adequate written notice that further driving past the control line 21 point will be a violation of the ordinance or resolution. line 22 (3)   A person is not in violation of an ordinance or resolution line 23 adopted pursuant to this subdivision unless both of the following line 24 apply:
line 25 (A)   That person has been given the written notice on a previous line 26 driving trip past the control point and then again passes the control line 27 point in that same time interval.
line 28 (B)   The beginning and end of the portion of the street subject line 29 to cruising controls are clearly identified by signs that briefly and line 30 clearly state the appropriate provisions of this subdivision and the line 31 local ordinance or resolution on cruising.
line 32 ( l)  Regulating or authorizing the removal by peace officers of line 33 vehicles unlawfully parked in a fire lane, as described in Section line 34 22500.1, on private property. A removal pursuant to this line 35 subdivision shall be consistent, to the extent possible, with the line 36 procedures for removal and storage set forth in Chapter 10 line 37 (commencing with Section 22650).
line 38 (m)  Regulating mobile billboard advertising displays, as defined line 39 in Section 395.5, including the establishment of penalties, which line 40 may include, but are not limited to, removal of the mobile billboard 98 SB 50 — 5 —

line 1 advertising display, civil penalties, and misdemeanor criminal line 2 penalties, for a violation of the ordinance or resolution. The line 3 ordinance or resolution may establish a minimum distance that a line 4 mobile billboard advertising display shall be moved after a line 5 specified time period.
line 6 (n)   Licensing and regulating the operation of pedicabs for hire, line 7 as defined in Section 467.5, and operators of pedicabs for hire, line 8 including requiring one or more of the following documents:
line 9 (1)   A valid California driver’s license.
line 10 (2)   Proof of successful completion of a bicycle safety training line 11 course certified by the League of American Bicyclists or an line 12 equivalent organization as determined by the local authority. line 13 (3)  A valid California identification card and proof of successful line 14 completion of the written portion of the California driver’s license line 15 examination administered by the department. The department shall line 16 administer, without charging a fee, the original driver’s license line 17 written examination on traffic laws and signs to a person who line 18 states that he or she is, or intends state that they are or that they line 19 intend to become, a pedicab operator, and who holds a valid line 20 California identification card or has successfully completed an line 21 application for a California identification card. If the person line 22 achieves a passing score on the examination, the department shall line 23 issue a certificate of successful completion of the examination, line 24 bearing the person’s name and identification card number. The line 25 certificate shall not serve in lieu of successful completion of the line 26 required examination administered as part of any subsequent line 27 application for a driver’s license. The department is not required line 28 to enter the results of the examination into the computerized record line 29 of the person’s identification card or otherwise retain a record of line 30 the examination or results.
line 31 (o)  (1)  This section does not authorize a local authority to enact line 32 or enforce an ordinance or resolution that establishes a violation line 33 if a violation for the same or similar conduct is provided in this line 34 code, nor does it authorize a local authority to enact or enforce an line 35 ordinance or resolution that assesses a fine, penalty, assessment, line 36 or fee for a violation if a fine, penalty, assessment, or fee for a line 37 violation involving the same or similar conduct is provided in this line 38 code.
98 — 6 — SB 50

line 1 (2)  This section does not preclude a local authority from enacting line 2 parking ordinances pursuant to existing authority in Chapter 9 line 3 (commencing with Section 22500) of Division 11.
line 4 (3)  This section does not preclude a county, city, municipality, line 5 or any other local authority from enforcing a violation provided line 6 in this code through government employees who are not peace line 7 officers.
line 8 (p)   (1)  Regulating advertising signs on motor vehicles parked line 9 or left standing upon a public street. The ordinance or resolution line 10 may establish a minimum distance that the advertising sign shall line 11 be moved after a specified time period.
line 12 (2)   Paragraph (1) does not apply to any of the following:
line 13 (A)   Advertising signs that are permanently affixed to the body line 14 of, an integral part of, or a fixture of a motor vehicle for permanent line 15 decoration, identification, or display and that do not extend beyond line 16 the overall length, width, or height of the vehicle. line 17 (B)   If the license plate frame is installed in compliance with line 18 Section 5201, paper advertisements issued by a dealer contained line 19 within that license plate frame or any advertisements on that license line 20 plate frame.
line 21 (3)   As used in paragraph (2), “permanently affixed” means any line 22 of the following:
line 23 (A)   Painted directly on the body of a motor vehicle. line 24 (B)   Applied as a decal on the body of a motor vehicle. line 25 (C)   Placed in a location on the body of a motor vehicle that was line 26 specifically designed by a vehicle manufacturer as defined in line 27 Section 672 and licensed pursuant to Section 11701, in compliance line 28 with both state and federal law or guidelines, for the express line 29 purpose of containing an advertising sign.
line 30 SECTION 1. It is the intent of the Le gislature to enact line 31 legislation relating to limiting a peace officer’s authority to initiate line 32 prete xtual stops to reduce racial profiling and the harm stemming line 33 from such stops.

O
98 SB 50 — 7 —

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

CONSENT CALENDAR
March 14, 2023
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co- Sponsor)
Subject: Support SB 252 – State Divestment from Fossil Fuels

RECOMMENDATION
Adopt a Resolution in support of SB 252 (Gonzalez), which would prohibit the Public Employees’ Retirement System (CalPERS) and the State Teachers’ Retirement System (CalSTRS) from investing in fossil fuel companies. Send a copy of the Resolution to Assemblymember Buffy Wicks, State Senators Nancy Skinner and Lena Gonzalez, Governor Gavin Newsom, CalPERS, and CalSTRS.

BACKGROUND
The impacts of human-caused climate change are becoming increasingly unavoidable.

Without taking bold and immediate action to reduce our greenhouse gas emissions, the world will heat above 2C by 2100. Such an event would lead to vast ecological destruction and mass extinctions, in addition to increased drought and food crop failures that could destabilized human society, disproportionately impacting those living in poverty.

California has been a leader in addressing climate change. Under State law, California must procure 60% of all electricity from renewable resources by 2030, and be carbon- free by 2045. SB 32, approved in 2016, requires California’s greenhouse gas emissions to be 40% below 1990 levels by 2030. State policies around climate change have been evolving based on the latest science, with an acceleration of these efforts necessary to address the projections in the latest report by the United Nations’ Intergovernmental Panel on Climate Change (IPCC), which says that the only way to stay below 1.5C is to have carbon emissions peak in 2025, followed by a rapid decline and reaching net-zero by the middle of the century.

Locally, extensive work has been done to mitigate our impacts on the climate. There is a goal to reach net-zero carbon emissions by 2045 or earlier. Electrification policies and improvements to transportation infrastructure to encourage moving away from gasoline- powered vehicles have also been approved. Under the City of Berkeley’s Investment Policy, there has been a divestment from publicly traded fossil fuel companies and banks that finance pipelines and fossil fuel infrastructure. The rational for this is the cost

Support SB 252 – State Fossil Fuel Divestment CONSENT CALENDAR March 14, 2023

of the impacts of climate change outweigh any return on investment from such companies.

SB 1173, introduced by State Senator Lena Gonzalez, will help meet the State’s climate action goals by prohibiting the California Public Employees Retirement System (CalPERS) and the California State Teachers’ Retirement System (CalSTRS) from investing in fossil fuel companies. Additionally, divestment from such companies must be done by 2030. Currently, CalPERS and CalSTRS have approximately $11.5 billion invested in fossil fuel companies. This bill builds upon the work we have done locally to divest from fossil fuels.

In May 2022, Council unanimously approved Resolution No. #70,348-N.S. in support of SB 1173, which was a previous version of this bill. While that bill did pass the State Senate, the bill died after time ran out for a vote at the Assembly.

FINANCIAL IMPLICATIONS
None.

ENVIRONMENTAL SUSTAINABILITY
Ending reliance on fossil fuels is necessary for achieving Berkeley’s Climate Action Plan and related environmental goals.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution
2: Text of SB 252
3: SB 252 Fact Sheet

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

IN SUPPORT OF SB 252 – FOSSIL FUEL DIVESTMENT ACT
WHEREAS, anthropogenic climate change, through rising sea levels, drought, heat waves, extreme precipitation events and increased wildfires is observably affecting human wellbeing, ecosystems and biodiversity; and
WHEREAS, climate change is an issue of environmental justice, disproportionately affects Indigenous communities, communities of color, and low income communities due to historical oppression, inadequate political power and access to resources for prevention and relief; and
WHEREAS, the International Panel on Climate Change concluded in 2018 that we have 12 years to make dramatic cuts in the use of fossil fuels (coal, oil, gas and tar sands) if we are to keep warming to 1.5o C and avoid more catastrophic change; and WHEREAS, the fossil fuel industry is the single most powerful obstacle to addressing climate change, using its immense lobbying power in Washington, D.C. and Sacramento to block climate legislation; and
WHEREAS, fossil fuel companies' own scientists knew as early as the 1970s that their products were causing climate change, but the companies kept it secret; and WHEREAS, to effectively address climate change, most fossil fuel reserves must remain in the ground, never to be used. Such reserves held as investments are liable to become stranded assets. This makes fossil fuel stocks a risky investment; and WHEREAS, a Corporate Knights study found that if CalPERS and CalSTRS had divested in 2010, by 2019 their assets would have increased by $11.9 and $5.5 billion, respectively.

WHEREAS, independent studies by financial consulting firms BlackRock and Meketa have found that divestment reduces risk and improves rather than weakens investment returns; and
WHEREAS, divestment from specific segments or business operations by CalPERS and CalSTRS is already standard practice and is specifically allowed by the California Constitution; and
WHEREAS, the “engagement” strategy preferred by CalPERS and CalSTRS has been largely ineffective in moving fossil fuel companies away from fossil fuel exploration, extraction and distribution; and

[Title of Report] CONSENT CALENDAR
March 14, 2023

WHEREAS, divestment means selling directly held or commingled assets including fossil fuel public equities and corporate bonds; and
WHEREAS, SB 252, introduced by State Senator Lena Gonzalez, will help meet the State’s climate action goals by prohibiting CalPERS and CalSTRS from investing in fossil fuel companies and to divest from such companies by 2030.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports SB 252.

BE IT FURTHER RESOLVED that copies of this Resolution be sent to Assemblymember Buffy Wicks, State Senators Nancy Skinner and Lena Gonzalez, Governor Gavin Newsom, CalPERS, and CalSTRS.

SENATE BILL No. 252
Introduced by Senators Gonzalez, Stern, and Wiener
January 30, 2023
An act to amend Section 16642 of, and to add Section 7513.76 to, the Government Code, relating to public retirement systems. legislative counsel’s digest
SB 252, as introduced, Gonzalez. Public retirement systems: fossil fuels: divestment.

The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. These provisions qualify this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board.

Existing law prohibits the boards of the Public Employees’ Retirement System and the State Teachers’ Retirement System from making new investments or renewing existing investments of public employee retirement funds in a thermal coal company, as defined. Existing law requires the boards to liquidate investments in thermal coal companies on or before July 1, 2017, and requires the boards, in making a determination to liquidate investments, to constructively engage with thermal coal companies to establish whether the companies are transitioning their business models to adapt to clean energy generation.

Existing law provides that it does not require a board to take any action unless the board determines in good faith that the action is consistent with the board’s fiduciary responsibilities established in the California Constitution.

99

This bill would prohibit the boards of the Public Employees’ Retirement System and the State Teachers’ Retirement System from making new investments or renewing existing investments of public employee retirement funds in a fossil fuel company, as defined. The bill would require the boards to liquidate investments in a fossil fuel company on or before July 1, 2030. The bill would temporarily suspend the above-described liquidation provision upon a good faith determination by the board that certain conditions materially impact normal market mechanisms for pricing assets, as specified, and would make this suspension provision inoperative on January 1, 2035. The bill would provide that it does not require a board to take any action unless the board determines in good faith that the action is consistent with the board’s fiduciary responsibilities established in the California Constitution.

This bill would require the boards, commencing February 1, 2025, and annually thereafter, to file a report with the Legislature and the Governor, containing specified information, including a list of fossil fuel companies of which the board has liquidated their investments.

The bill would provide that board members and other officers and employees shall be held harmless and be eligible for indemnification in connection with actions taken pursuant to the bill’s requirements, as specified.

V ote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 7513.76 is added to the Government line 2 Code , to read:
line 3 7513.76. (a)   The Legislature finds and declares all of the line 4 following:
line 5 (1)  The combustion of coal, oil, and natural gas, known as fossil line 6 fuels, is the single largest contributor to global climate change. line 7 (2)   Climate change affects all parts of the California economy line 8 and environment, and the Legislature has adopted numerous laws line 9 to mitigate greenhouse gas emissions and to adapt to a changing line 10 climate.
line 11 (3)   Fossil fuel companies’ plans to expand production, public line 12 relations campaigns, and efforts to obstruct climate stabilization 99 — 2 — SB 252

line 1 policies are incompatible with California’s climate goals, and our line 2 obligation to current and future generations.
line 3 (4)   The production of fossil fuels and the effects of climate line 4 change resulting from the use of fossil fuels all lead to line 5 disproportionate adverse impacts on low-income communities and line 6 communities of color.
line 7 (5)   A transition away from fossil fuels to clean energy will line 8 create greater employment, support the economy, and improve line 9 public health.
line 10 (6)   The purpose of this section is to require the Public line 11 Employees’ Retirement System and the State Teachers’ Retirement line 12 System, consistent with, and not in violation of, their fiduciary line 13 responsibilities, to divest their holdings of fossil fuel company line 14 investments as one part of the state’s broader efforts to decarbonize line 15 the California economy and to transition to clean, pollution-free line 16 energy resources.
line 17 (b)   As used in this section, the following definitions apply:
line 18 (1)   “Board” means the Board of Administration of the Public line 19 Employees’ Retirement System or the Teachers’ Retirement Board line 20 of the State Teachers’ Retirement System, as applicable. line 21 (2)   “Company” means a sole proprietorship, organization, line 22 association, corporation, partnership, venture, or other entity, or line 23 its subsidiary or affiliate, that exists for profitmaking purposes or line 24 to otherwise secure economic advantage.
line 25 (3)   “Investment” means the purchase, ownership, or control of line 26 publicly issued stock, corporate bonds, or other debt instruments line 27 issued by a company. “Investments” also includes purchase, line 28 ownership, or control of mutual funds and exchange-traded funds, line 29 unless the board is satisfied on reasonable grounds that a mutual line 30 fund or exchange-traded fund is unlikely to have in excess of 2 line 31 percent of its assets, averaged annually, directly or indirectly line 32 invested in fossil fuel companies.
line 33 (4)   “Public employee retirement funds” means the Public line 34 Employees’ Retirement Fund described in Section 20062 of this line 35 code, and the Teachers’ Retirement Fund described in Section line 36 22167 of the Education Code.
line 37 (5)   “Fossil fuel” means petroleum oil, natural gas, and thermal line 38 coal. Thermal coal is coal used to generate electricity, such as that line 39 which is burned to create steam to run turbines. Thermal coal does line 40 not mean metallurgical coal or coking coal used to produce steel. 99 SB 252 — 3 —

line 1 (6)  “Fossil fuel company” means one of the 200 largest publicly line 2 traded fossil fuel companies, as established by carbon content in line 3 the companies’ proven oil, gas, and coal reserves. line 4 (c)   The board shall not make additional or new investments or line 5 renew existing investments of public employee retirement funds line 6 in a fossil fuel company.
line 7 (d)   (1)  The board shall liquidate investments in a fossil fuel line 8 company on or before July 1, 2030.
line 9 (2)   Notwithstanding paragraph (1), this subdivision shall be line 10 suspended upon a good faith determination by the board that an line 11 act of God, war, or other unforeseeable event creates conditions line 12 that materially impact normal market mechanisms for pricing assets line 13 and shall only be reinstated upon a subsequent good faith finding line 14 of the board that market conditions have substantially returned to line 15 normal ex-ante. Upon such a finding, the board shall have six line 16 months to liquidate any remaining investments in a fossil fuel line 17 company.
line 18 (3)   Paragraph (2) shall remain in effect only until January 1, line 19 2035, and as of that date is inoperative.
line 20 (e)   (1)  Commencing February 1, 2025, and annually on line 21 February 1 thereafter, the board shall create a report that includes line 22 the following:
line 23 (A)   A list of fossil fuel companies of which the board has line 24 liquidated its investments pursuant to subdivision (d). line 25 (B)   A list of fossil fuel companies with which the board still line 26 has not liquidated its investments.
line 27 (C)   A list of fossil fuel companies of which the board has not line 28 liquidated its investments as a result of a determination made line 29 pursuant to subdivision (f) that a sale or transfer of investments is line 30 inconsistent with the fiduciary responsibilities of the board as line 31 described in Section 17 of Article XVI of the California line 32 Constitution and the board’s findings adopted in support of that line 33 determination.
line 34 (D)   An analysis of methods and opportunities to rapidly and line 35 effectively reduce dependence on fossil fuels and transition to line 36 alternative energy sources in a realistic timeframe that avoids line 37 negatively contributing to economic conditions particularly line 38 damaging to public employee retirement funds and to overall net line 39 employment earnings of the state’s workforce.
99 — 4 — SB 252

line 1 (2)   The board shall submit the report to the Legislature, in line 2 compliance with Section 9795, and to the Governor, and shall post line 3 the report on the board’s internet website.
line 4 (f)   Nothing in this section shall require a board to take action line 5 as described in this section unless the board determines in good line 6 faith that the action described in this section is consistent with the line 7 fiduciary responsibilities of the board described in Section 17 of line 8 Article XVI of the California Constitution.
line 9 SEC. 2. Section 16642 of the Government Code, as amended line 10 by Section 3 of Chapter 459 of the Statutes of 2019, is amended line 11 to read:
line 12 16642. (a)   Present, future, and former board members of the line 13 Public Employees’ Retirement System or the State Teachers’ line 14 Retirement System, jointly and individually, state officers and line 15 employees, research firms described in subdivision (d) of Section line 16 7513.6, and investment managers under contract with the Public line 17 Employees’ Retirement System or the State Teachers’ Retirement line 18 System shall be indemnified from the General Fund and held line 19 harmless by the State of California from all claims, demands, suits, line 20 actions, damages, judgments, costs, charges, and expenses, line 21 including court costs and attorney’s fees, and against all liability, line 22 losses, and damages of any nature whatsoever that these present, line 23 future, or former board members, officers, employees, research line 24 firms as described in subdivision (d) of Section 7513.6, or contract line 25 investment managers shall or may at any time sustain by reason line 26 of any decision to restrict, reduce, or eliminate investments line 27 pursuant to Sections 7513.6, 7513.7, 7513.74, and 7513.75. line 28 7513.75, and 7513.76.
line 29 (b)  This section shall remain in effect only until Section 7513.74 line 30 is repealed, and as of that date is repealed.
line 31 SEC. 3. Section 16642 of the Government Code, as added by line 32 Section 4 of Chapter 459 of the Statutes of 2019, is amended to line 33 read:
line 34 16642. (a)   Present, future, and former board members of the line 35 Public Employees’ Retirement System or the State Teachers’ line 36 Retirement System, jointly and individually, state officers and line 37 employees, research firms described in subdivision (d) of Section line 38 7513.6, and investment managers under contract with the Public line 39 Employees’ Retirement System or the State Teachers’ Retirement line 40 System shall be indemnified from the General Fund and held 99 SB 252 — 5 —

line 1 harmless by the State of California from all claims, demands, suits, line 2 actions, damages, judgments, costs, charges, and expenses, line 3 including court costs and attorney’s fees, and against all liability, line 4 losses, and damages of any nature whatsoever that these present, line 5 future, or former board members, officers, employees, research line 6 firms as described in subdivision (d) of Section 7513.6, or contract line 7 investment managers shall or may at any time sustain by reason line 8 of any decision to restrict, reduce, or eliminate investments line 9 pursuant to Sections 7513.6, 7513.7, and 7513.75. 7513.75, and line 10 7513.76.
line 11 (b)   This section shall become operative upon the repeal of line 12 Section 7513.74.

O
99 — 6 — SB 252

SB 252 (Gonzalez) – Fossil Fuel Divestment Act

SUMMARY

Senate Bill (SB) 252 will prohibit the California Public Employees Retirement System (CalPERS) and the
California State Teachers Retirement System (CalSTRS)
from investing in fossil fuel companies, and provide they divest any current holdings in these companies by 2030, with an additional 5-year off-ramp should the funds
encounter specified market conditions.

EXISTING LAW

SB 185 (De Leon, Chapter 605, Statutes of 2015) required CalPERS and CalSTRS to divest their investments in
thermal coal companies, which has resulted in a positive $598 million return to the CalPERS fund.

California Constitution Article 16, Section 17 – establishes that: “the Legislature may by statute continue to prohibit certain investments by a retirement board where it is in the public interest to do so, and provided that the
prohibition satisfies the standards of fiduciary care and loyalty required of a retirement board.”

BACKGROUND/PROBLEM

Californians, along with states and nations around the
globe, are facing the real and immediate threats of
climate change and its ever-growing impacts on our
health, safety, environment, and our ability to pass on a livable planet to future generations.

California has been a world leader in taking steps to
combat the causes of climate change, setting historic
carbon reduction goals, and taking meaningful actions to help prevent environmental destruction and protect
communities who bear the overwhelming brunt of
carbon emissions.

Despite these forward-thinking actions, California’s multi- billion dollar retirement pension funds are actively
investing billions of dollars in the very fossil fuel
companies that are the primary cause of climate change.

CalPERS and CalSTRS, which invest the pension funds of
state employees and teachers, have an investing power
of $469 billion and $327 billion, respectively.

Unfortunately, CalPERS estimates that they are currently investing $7.4 billion of these dollars in the 200 largest fossil fuel companies, and CalSTRS is investing in 174
fossil fuel companies with a combined market value of
approximately $4.1 billion.

With the explosion of investment and development in
carbon-free technologies, consumer pressure, and
governmental regulation forcing a move away from fossil fuels, it has become clear that the fossil fuel industry may be a risky and myopic financial investment. In fact, data from the last four decades shows that in 1980, the fossil fuel industry claimed 29% of the S&P 500, whereas today, it only occupies 5.3%, the lowest level in more than 40 years.1

An estimated 1,500 institutions with over $39 trillion in assets have already taken action to end direct financial support of climate destruction by committing to some
form of fossil fuel divestment, including the University of California, the California State University, the State and

1 https://ieefa.org/resources/fossil-fuel-investments-looking-backwards-may- prove-costly-investors-todays-market

SB 252 · (Lena Gonzalez) Fact Sheet · 02/01/23

City of New York, the State of Maine, the Vatican, and the province of Quebec.2

In October of 2021, Netherland’s ABP, the fifth largest public employee pension fund in the world with $600
billion in assets, announced it would divest its current $17.4 billion of fossil fuels investments by the first
quarter of 2023, citing corporate engagement as an
ineffective strategy to change fossil fuel behavior.3 These investment numbers dwarf that of CalPERS and CalSTRS,
and is following a divestment timeline of under two
years.

Major investment management firms, BlackRock and
Meketa, have independently concluded that funds can
divest from fossil fuels without weakening investment
returns.4 A further study has shown that if CalPERS and CalSTRS had divested from fossil fuels in 2010, they
would have gained $11.9 billion and $5.5 billion in returns by 2019.5

In fact, CalPERS and CalSTRS have taken on divestments
that have resulted in positive returns for the funds.

CalPERS’s active divestment from Thermal Coal has
resulted in $598 million in gains; divestment from Iran has resulted in $256 million in gains; and divestment from firearms manufacturers has resulted in $36 million in
gains. Of CalPERS active divestments, only the divestment from tobacco companies has resulted in losses to the
pension fund, and no one is arguing that CalPERS reinvest into such a dangerous product that runs afoul of the
state’s public interest.

The pension funds have already recognized the need to
move investments out of dangerous carbon emitting
companies. CalPERS and CalSTRS have committed to
reach a goal of NetZero investments at some point over
the next 27 years. And while CalSTRS has taken steps in the last year to invest some of its assets in low carbon indexes and establish a partial NetZero goal by 2030, it still retains the ability to invest directly into the largest fossil fuel companies, such as: Gazprom (Russia), Rosneft (Russia), LukOil (Russia), Aramco (Saudi Arabia), and the state-owned PetroChina.

2 https://divestmentdatabase.org/
3 https://apnews.com/article/climate-business-united-nations-netherlands- greenpeace-45f4a39e838667d032d2483956f01c9b
4 https://ieefa.org/resources/major-investment-advisors-blackrock-and-meketa- provide-fiduciary-path-through-energy
5 https://drive.google.com/file/d/1k27W2oTzaqueEZrvit4RLfve6pvakqMI/view Many of the teachers and state employees whose
retirement futures are invested by CalPERS and CalSTRS
have passed resolutions calling for the divestment of
fossil fuels, including the California Faculty Association, the California Federation of Teachers, associations
representing higher education faculty, academic senates at California State University and the University of
California, and local chapters of the California Teachers Association from Los Angeles to Oakland.

SOLUTION

SB 252 seizes the momentum of the worldwide
divestment movement and continues the bold and
progressive actions that California must take to address climate change. SB 252 ends the contradictory and
incongruous actions that position the state as a leader in the fight against climate change, while simultaneously
investing billions directly in the fossil fuel companies that are causing climate change.

Specifically, SB 252 will prohibit CalPERS and CalSTRS
from making any new investments in the top 200 fossil
fuel companies, and provides an off-ramp of 7 years to
divest any current investments; with an additional 5-year off-ramp should the funds encounter specified market
conditions.

Additionally, SB 252 will require CalPERS and CalSTRS to annually report on their divestment progress beginning in 2025.

SUPPORT

California Faculty Association (Sponsor)
Fossil Free California (Sponsor)

CONTACT

Trevor Taylor
Legislative Director
(916) 651-4033
[email protected]
Senator Lena Gonzalez

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● TDD: (510) 981-6903 ● E-Mail:

[email protected]

CONSENT CALENDAR
March 14, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin (Author), Councilmember Kate Harrison (Co-Sponsor), Councilmember Rigel Robinson (Co-Sponsor)
Subject: Budget Referral: Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan

RECOMMENDATION
Refer $400,000 to the June 2023 mid-year budget update to conduct community engagement, public information campaign, and program plan development for potential 2024 complete streets and climate-resilient infrastructure revenue measures.

FINANCIAL IMPLICATIONS
$400,000 in General Fund impacts with an estimated $100,000 in cost to conduct community outreach, and an additional $300,000 to develop a final 2050 Program Plan.

CURRENT SITUATION AND ITS EFFECTS
Investing Berkeley’s deferred maintenance needs with Complete Streets funding and long-range asset management planning is a Strategic Plan Priority Project, advancing our goals to: provide state-of-the-art, well-maintained infrastructure, amenities, and facilities; create a resilient, safe, connected, and prepared city; champion and demonstrate social and racial equity; and be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

In 2017, the City of Berkeley had the 15th worst pavement condition index (PCI) out of 101 jurisdictions in the Bay Area region. While baseline funding has marginally improved since then, deferred maintenance for infrastructure continues to outpace available resources, and costs continue to grow. In November 2020, the Berkeley City Auditor reported: “Berkeley streets have an asset replacement value of approximately $777.6 million, and deferred maintenance needs of streets exceeded $251 million in 2019… In addition to the continued deterioration of pavement condition, the current level of funding would also increase deferred maintenance costs to an estimated $328 million by 2023. In 2018, a City contractor estimated the City would need $17.3 million annually to maintain the current PCI or $27.3 million annually to increase PCI by five points in five years.”1
1 Wong, J., et al (2020). Rocky Road: Berkeley Streets at Risk and Significantly Underfunded. Berkeley City Auditor. Retrieved from https://berkeleyca.gov/sites/default/files/2022-01/Rocky-Road-Berkeley- Streets-at-Risk-and-Significantly-Underfunded.pdf

Complete Streets Survey and Program Plan CONSENT CALENDAR March 14, 2023
In July 2022, the City Council voted to increase the annual street paving budget from $7.3 million to $15.3 million. Under 2020 estimates, the funding gap for improving PCI by 5 points citywide in 5 years is still $12 million annually. However, street paving costs can increase five-to-tenfold when conditions necessitate “full rehabilitation” beyond regular maintenance. Thus, paving costs will continue to increase sharply the longer they are deferred.

In November 2022, Berkeley voters approved Measure L by only 59.4%, short of the two-thirds supermajority required to approve the $650 million bond measure. Measure L would have funded the following categories of capital projects:
● $300 million for street safety improvements, including pedestrian crossings, bicycle facilities, and street paving;
● $200 million for affordable housing;
● $150 million for public parks, facilities, pools, utility undergrounding along fire evacuation routes, and climate resiliency.

In a January 2022 Work Session, the City Manager presented several revenue measure options to fund deferred infrastructure needs, including: “A parcel tax of $12M annually (or $250M if bonded against) to address street repair and traffic safety.” In an online survey of 1,024 Berkeley residents concluding on January 12, 2022, a plurality of 28.5% of respondents ranked “Street Repair” as their top priority.

As deferred maintenance costs continue to increase, it is more urgent than ever to foster broad-based community trust in designing future revenue measures for infrastructure. Developing and finalizing a Program Plan will be essential for identifying and prioritizing projects while maintaining the flexibility to respond to changing conditions.

BACKGROUND
The City of Berkeley began developing the Vision 2050 Framework in 2018 to ensure that a 30-year long-term investment plan for sustainability and resilience in City infrastructure would reflect the community’s collective vision across the lifespan of our public assets. Berkeley voters supported Vision 2050 with the passage of Measure R in the November 2018 election, which asked: Shall the measure, advising the Mayor to engage citizens and experts in the development of Vision 2050, a 30-year plan to identify and guide implementation of climate-smart, technologically-advanced, integrated and efficient infrastructure to support a safe, vibrant and resilient future for Berkeley, be adopted?
The Vision 2050 Framework lays out 5 strategies for a sustainable, “cradle-to-grave” planning process to maintain Berkeley’s infrastructure. Additionally, three core principles have guided planning for the Draft Vision 2050 Program Plan:

Complete Streets Survey and Program Plan CONSENT CALENDAR March 14, 2023

1. Support vibrant and safe communities. Infrastructure shall take equity into account and improve quality of life of all Berkeley residents, including having green open spaces, safe modes of mobility, and being prepared for fires and earthquakes.

2. Have efficient, inspired and well maintained infrastructure. Infrastructure shall be long lasting, use advanced technologies, and be maintained to provide efficient service.

3. Facilitate a green Berkeley and contribute to saving our planet.

Infrastructure shall accelerate the transition to carbon neutrality and include electrification, develop natural streetscapes using green infrastructure, and prioritize human-powered and public transportation.

In 2022, Berkeley’s total estimated infrastructure funding needs—including capital costs and ongoing maintenance costs for streets—totaled $1.8 billion.

Four major outcomes have been identified as goals in the Draft Program Plan for Vision 2050:

1. Streets are safer, more sustainable, improved to a good condition, and maintained.

2. Infrastructure is resilient, protects the environment, and is adapted to climate change impacts.

3. Open space, parks, and recreation improve our quality of life.

4. Public facilities are safe and provide community placemaking.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Aligning paving schedules with Complete Streets safety upgrades and design standards identified in the Berkeley Bicycle Plan, Pedestrian Plan, and Vision Zero Action Plan, would reduce planning and construction costs while maintaining consistency with Berkeley’s transportation and climate policy goals. At the statewide level, the California Air Resources Board reported in 2018 that even the most optimistic assumptions about Electric Vehicle adoption would still require a 25% reduction in Vehicle Miles Traveled per capita to meet California’s emission reduction goals.

Locally, Berkeley’s 2019 greenhouse gas inventories identify 60% of the City’s carbon footprint coming from the transportation sector. (The decrease in 2020 has been largely attributed to the COVID-19 pandemic.)2 Meeting our ambitious decarbonization goals will require significant investments in well-paved streets that are safe for all transportation modes, especially increasing safety for pedestrians and cyclists of all body types and abilities.
2 https://berkeleyca.gov/sites/default/files/documents/2021-11- 30%20Item%2032%20Berkeley%E2%80%99s%202019%20Community- Wide%20Greenhouse%20Gas%20Emissions%20Inventory.pdf

Complete Streets Survey and Program Plan CONSENT CALENDAR March 14, 2023
While Berkeley has a strong tradition promoting bicycles and other mobility devices, surveys have consistently shown that transport mode choices are strongly affected at the margins by perceptions and experiences of safety. 3 3 https://www.ipsos.com/sites/default/files/ct/news/documents/2022-05/Global%20Advisor- Cycling%20Across%20the%20World-2022%20Report.pdf

Complete Streets Survey and Program Plan CONSENT CALENDAR March 14, 2023
Smoother pavement, wider sidewalks, and physical separation from motor vehicles both significantly reduce the risk of dangerous collisions. The Berkeley City Council has consistently supported incorporating Complete Streets safety designs into road maintenance projects to increase safety and reduce automobile dependence, while also reducing traffic congestion for motorists and reducing stress on street pavement.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120
Attachments:
1: Draft Vision 2050 Program Plan
2: January 20, 2022 Work Session: Vision 2050 Update

1Vision 2050 Program Plan
JULY 2022
VISION 2050

PROGRAM PLAN

2 July 2022

INFRASTRUCTURE PROGRAM PLAN

TABLE OF CONTENTS
01 02
03 04
05 06
07 THE INFRASTRUCTURE PROGRAM PLAN: OVERVIEW 4

1.1 The Vision 2050 Initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

1.2 What is an Infrastructure Program Plan? . . . . . . . . . . . . . . . . . . . . . . . 7

1.3 Core Values and Principles Guide our Planning . . . . . . . . . . . . . . . . . . . . 7 INFRASTRUCTURE NEEDS AND COMMUNITY PRIORITIES 10

2.1 Infrastructure Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2.2 Community Input and Priorities . . . . . . . . . . . . . . . . . . . . . . . . . . 13 INTRODUCING THE 30-YEAR PROGRAM PLAN . . . . . . . . . . . . . . . 16

3.1 Outcomes of the Program Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

3.2 Work Prioritization and Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . 27 THE PLAN’S FUNDING, RESULTS, AND TAX IMPACT 30

4.1 Funding Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

4.2 Funding Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

4.3 Review of Tax Implications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

4.4 Other Benefits of Infrastructure Spending . . . . . . . . . . . . . . . . . . . . . 37 PROGRAM DELIVERY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5.1 Current Organization and Measure T1 Implementation 39

5.2 Research on Other Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5.3 Recommendations for Vision 2050 Implementation . . . . . . . . . . . . . . . . 42 SUPPORTING STRATEGIES . . . . . . . . . . . . . . . . . . . . . . . . . . 44

6.1 Performance Indicators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

6.2 Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

6.3 Reporting and Oversight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

6.4 Lifecycle Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

6.5 General Fund Support for Infrastructure Maintenance 48 APPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Appendix A: Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Appendix B: Glossary of Terms and Abbreviations . . . . . . . . . . . . . . . . . . 50 Appendix C: Reference Documents . . . . . . . . . . . . . . . . . . . . . . . . . . 51

3Vision 2050 Program Plan
Table 1: Updated Infrastructure Funding Needs . . . . . . . . . . . . . . . . . . . . 12 Table 2: Prioritization Score Card . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Table 3: Summary of Priority Scoring . . . . . . . . . . . . . . . . . . . . . . . . . 28 Table 4: Funding Mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Table 5: Existing Debt Service and Tax Impact . . . . . . . . . . . . . . . . . . . . 35 Table 6: Debt Service Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Table 7: Summary of Tax Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Table 8: Cities Interviewed and Their Capital Programs . . . . . . . . . . . . . . . . 40 Table 9: Vision 2050 Key Program Performance Indicators 45 Figure 1: Street Corner View from Vision 2050 . . . . . . . . . . . . . . . . . . . . . 5 Figure 2: Vision 2050 Principles, Strategies and Recommended Actions 6,8 Figure 3: Timeline for Vision 2050 initiative . . . . . . . . . . . . . . . . . . . . . . . 6 Figure 4: Example Infrastructure Needs . . . . . . . . . . . . . . . . . . . . . . . . . 8 Figure 5: Vision 2050 Core Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Figure 6: Infrastructure Funding Needs by Vision 2050 Outcome Objective 13 Figure 7: Outcomes of the Program Plan . . . . . . . . . . . . . . . . . . . . . . . 17 Figure 8: Vision 2050 Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Figure 9: Marina Community Vision . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Figure 10: Project Approval Process . . . . . . . . . . . . . . . . . . . . . . . . . 29 Figure 11: Vision 2050 Funding Sources . . . . . . . . . . . . . . . . . . . . . . . . 31 Figure 12: Historical & Projected Property Tax . . . . . . . . . . . . . . . . . . . . 36 Figure 13: Public Art in Berkeley . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Tables
Figures

4 July 2022
01 THE INFRASTRUCTURE
PROGRAM PLAN: OVERVIEW
This section provides an overview of the Vision 2050 Initiative and describes the Program Plan.
4 July 2022

5Vision 2050 Program Plan

1.1 The Vision 2050 Initiative
The Vision 2050 initiative was introduced by Mayor
Arreguin at his 2017 State of the City address. He
described a complex network of pipes, streets,
utility wires, bikeways, and transportation systems
that are old and have suffered from historic
disinvestment, neglect, and poor maintenance. As
our infrastructure ages, we need a plan to make
sure our systems are resilient to handle a growing
population and climate change, including sea-level
rise, more flooding, and wildfires. As technological
innovations emerge and the condition of our
infrastructure declines, we have an enormous and
exciting opportunity to reimagine our streets and
public spaces. This initiative is about building a
future for Berkeley that provides essential services
for future generations.

In November 2018, Berkeley voters approved
Measure R. The Measure asked: “Shall the measure,
advising the Mayor to engage citizens and experts
in the development of Vision 2050, a 30-year plan
to identify and guide implementation of climate-
smart, technologically-advanced, integrated and
efficient infrastructure to support a safe, vibrant
and resilient future for Berkeley, be adopted?” The
response was a resounding yes.

A 40-member residents’ task force was formed and
the team analyzed quality of life, environmental
and technology trends, and funding issues. To help
keep focus on the future, the team imagined being
on a street corner in Berkeley in the year 2050.

What will Berkeley be like then? Figure 1 shows a
street corner view from 2050.

The task force worked diligently for 18 months
and developed the principles, strategies and
recommended actions shown on Figure 2.

Community engagement was at the center of
Vision 2050. Outreach began early in 2018 with
four information nights across Berkeley. Outreach
continued in an effort to reach people where they
already congregate, including neighborhood and
faith-based groups and community organizations.

From September 2018 to July 2019, the
Mayor’s Office presented at thirteen community
organization meetings in conversations that ranged
from a handful to one hundred people. Community
feedback was used to develop the principles,
strategies, and recommended actions.

Figure 1: Street Corner View from Vision 2050 report

6 July 2022

PRINCIPLES, STRATEGIES

AND RECOMMENDED ACTIONS
STATEGY ONE Use Integrated and Balanced Planning
Use multi-criteria decision-making
Use adaptive planning
Institute structured master planning
Develop an Asset Management Program
Prepare and implement a Dig Once policy
Accelerate the transition to clean energy and electrification Implement Complete Streets to provide sustainable
and healthy transportation
Develop natural streetscapes that provide ecosystem services Use sensors, data, and advanced technologies
Take advantage of a strong financial position to address infrastructure needs and commit to reducing large unfunded infrastructure liability by doubling capital expenditures Prepare a wildfire mitigation and safety plan
STATEGY THREE Adopt Sustainable and Safe Technologies
Develop an organization that is integrated and has
capacity to deliver
Prepare a program approach with management tools
Provide independent oversight and reporting
Prepare the City’s Organization to Implement
a Major Capital Program
STATEGY FOUR Invest in Our Future

STATEGY FIVE
STATEGY TWO Manage Infrastructure from Cradle to Grave
1 2
3 4
5 >
>
>
>
>
>
>
>
>
>
>
>
>
>
VISION 2050
The Vision 2050 Framework
focused on better coordination,
integrated project delivery,
utilizing new financing
mechanisms, and broad principles
and strategies for our infrastructure
needs. The Framework was
approved by Berkeley’s City
Council in September 2020. The
City Manager then turned to
implement the recommendations
and assigned the Public Works
Department to lead the effort.

A timeline for the Vision 2050
initiative is shown below.
2017
Mayor Arreguin announces
Vision 2050 Initiative
November 2018
Measure R approved
by voters
2018-2019
Residents task force
conducted analysis
September 2020
City Council approves
Vision 2050 Framework
Current
Implementation led by
City Manager
Figure 2: Vision 2050 Principles, Strategies, and Recommended Actions Figure 3: Timeline for Vision
2050 Initiative

7Vision 2050 Program Plan

1.2 What is an Infrastructure Program Plan?
This Infrastructure Program Plan (Plan) is the
City of Berkeley’s roadmap to rebuild our public
infrastructure over the next 30 years. This Plan
supports the Vision 2050 principles and provides
information on outcome objectives, program
elements, community input, the funding plan,
program implementation, and program oversight
and reporting. The Plan serves as a roadmap to
guide the many infrastructure decisions that will
be required throughout the next three decades.

The Plan is flexible and adaptable, so the City can
anticipate and address new challenges that we
will face in the future. Why prepare a Plan now?
Improving the City’s infrastructure requires new
funding and a revenue measure or measures, which
voters may consider on the November 2022 ballot.

This Plan is prepared to provide the public with
an understanding of the “big picture” for Vision
2050 in advance of voting for new funding. This
approach is an advancement from prior measures.

The Plan describes the work at the asset category
level—streets, stormwater, parks, waterfront, etc. It
is not a project-by-project prioritization. That will
happen if voters approve funding, after which a
project and program team will be formed and an
oversight committee designated.

1.3 Core Values and Principles Guide our Planning
Berkeley’s streets, storm drains, sewers, and water
lines date back to the early decades of the 20th
century. Critical systems are simply wearing out.

Recent budgets have been insufficient to address
these infrastructure needs, let alone modernize
our systems or improve their resilience. As defined
in the City’s resilience strategy, resilience is the
capacity of individuals, communities, institutions,
businesses, and systems within a city to survive,
adapt, and grow no matter what kinds of chronic
stresses and acute shocks they experience.

The growing backlog of aging infrastructure leaves
the community vulnerable to unplanned failure and
service interruptions. For residents, workers, and
businesses, this can translate to unsafe conditions,
increased cost, and impediments to quality of life.

Examples of infrastructure needs are shown in
Figure 4.

As we begin to grapple with Berkeley’s unfunded
infrastructure needs, new challenges are emerging.

The local impacts of the global climate crisis
pose a major threat to our aging infrastructure.

Extreme storm events, wildfires, heat waves,
drought, groundwater, and sea level rise will
challenge streets, pipes, and open spaces that were
designed for a more benign environment. These
vulnerabilities are layered upon other acute risks
such as a major earthquake, and chronic challenges
such as inequity. If our city is to survive and thrive, we must increase our resilience to these challenges.

8 July 2022
Street Pavement Damage
Sidewalk Repair
Deteriorated Marina Dock
As we rebuild our infrastructure and, at the same
time, reimagine a landscape for a changing future,
our infrastructure decisions must remain flexible,
yet grounded in a set of clear values. For this
reason, the Vision 2050 Framework identified four
core values as shown in Figure 5. These values will
guide implementation of Vision 2050.

Figure 4: Example Infrastructure Needs
Figure 2: Vision 2050 Principles

9Vision 2050 Program Plan
Figure 5: Vision 2050 Core Values

10 July 2022
02 INFRASTRUCTURE NEEDS

AND COMMUNITY PRIORITIES
This section provides an update on the City’s infrastructure funding needs and the community’s infrastructure priorities.
10 July 2022

11Vision 2050 Program Plan

2.1 Infrastructure Needs
The City has an extensive portfolio of capital assets
and infrastructure, including 216 miles of streets,
more than 300 miles of sidewalks, 255 miles of
sewers, 78 miles of underground storm drains, 95
public buildings, 52 parks, 2 pools, and 3 camps.

In addition, the City operates and maintains the
Berkeley Waterfront and its related facilities,
including the pier, docks, pilings, channel, streets,
pathways, parking lots, buildings, trails, Adventure
Playground, and 1,000 berth marina.

A City budget is prepared every two years and it
includes a Capital Improvement Program (CIP).

The City’s ability to fund its CIP is limited by the
total available resources that are competing with
other community priorities. CIP funding resources
include the General Fund, a number of special
revenue funds, grants, and loans. The CIP attempts
to identify all known CIP projects, categorizing them
as baseline (annual, recurring program), one-time
(special allocations, grants, loans), and unfunded
(funding source has yet to be identified).

The FY2022 CIP identified an infrastructure capital
funding need of more than $1 billion in Berkeley.

However, these infrastructure needs are constantly
changing due to increased construction costs
and new planning studies that result in updated
cost estimates. Past estimates also focused
primarily on “fix it first” type repairs rather than the transformational infrastructure sought by the Vision
2050 Framework.

For this reason, Table 1 provides an updated list
of infrastructure needs. This list includes updates
from prior estimates and advances Vision 2050 in
several significant ways. It adds asset categories
that are more than simply fixing or repairing an
asset and are about the ultimate use and safety of
the asset. For example, instead of solely identifying
the deferred maintenance in our pavement, the list
includes the cost of fully implementing our adopted
Bicycle and Pedestrian Plans, which would keep
our streets safe for all users, especially bicyclists
and pedestrians. Instead of focusing solely on
traditional infrastructure, it includes trees as an
important infrastructure category and begins to
address the climate crises by building in the cost of
undergrounding the City’s evacuation routes.

Some of these categories have existing, dedicated
funding for which an increase is necessary to cover
these needs. Others categories may require multiple
revenue sources, such as the General Fund, grants,
State and Federal funding, developer contributions,
user rates, and new revenue sources. An estimate
of potential revenue from these funding sources is
provided in Section 4.

Figure 6 summarizes these same needs, grouped by
asset category within each of the four Vision 2050
Program outcomes discussed in Section 3. If these
needs are addressed, then Vision 2050’s goal of
resilient and sustainable infrastructure will
be reached.

12 July 2022
TABLE 1

INFRASTRUCTURE FUNDING NEEDS
(These are updated on an ongoing basis)
Asset Category Infrastructure Funding
Needs, in 2022 dollars
More immediate needs
Parks, camps, and pools $116,000,000
Watefront $131,000,000
Public buildings $288,000,000
Sidewalks $60,000,000
Streets $248,000,000
Sewers $194,000,000
Stormwater $259,500,000
Traffic Controls, Streetlights, and Parking $26,000,000 Longer-term needs
Bike and Pedestrian plan projects $122,500,000
Maudelle Shirek Building (Old City Hall),
Veterans Memorial Building, Civic Center Park
$110,000,000
Transfer station and recycling center $76,000,000
Transit projects $45,000,000
Trees $21,000,000
Utility Undergrounding $105,000,000
Total Average $1,802,000,000
Table 1’s cost estimates are largely work that would
be capital funded. In some cases, such as with
str
eets and roads, the estimate includes recurring
annual costs to keep the asset performing at the
expected level and without deterioration. The
requirement to fund the annual maintenance of
assets is addressed in the Asset Management
Program discussed in Section 6.

13Vision 2050 Program Plan

2.2 Community Input and Priorities
To better understand the community’s infrastructure
priorities, the following was completed in winter
2021 through spring 2022:
› Two statistically-reliable surveys of a
representative sample of 500 Berkeley voters
› Meetings with over 25 commissions and local
community organizations
› An online public survey that received over
1,000 responses
› An informational mailer to all Berkeley residents
› Development of a Vision 2050 website
BerkeleyVision2050.org
› Four virtual large area public meetings
All of these efforts have been instrumental in sharing
information and gaining input in the development of
this Program Plan.

A survey in October 2021 of a random,
representative sample of 500 Berkeley voters
elicited respondents’ infrastructure priorities and
found that voters’ top priorities included:
› Increasing affordable housing for
low-income and homeless residents
(79% rated as“important”)
› Upgrading storm drains, green infrastructure,
and watersheds to keep pollution from the Bay
(79% important)
› Developing climate change resiliency, including
protecting against sea level rise, wildfires and
drought (78% important)
› Undergrounding utilities to reduce the risk of
wildfire (73% important)
› Repairing deteriorating streets (73% important)
Figure 6: Infrastructure Funding Needs by Vision 2050 Outcome Objective

14 July 2022
An online survey was also conducted and a total
of 1,024 responses were received. For the most
part, the results from the online survey aligned with
the scientific survey. More so than the scientific
survey, street repair stood out as a clear top priority followed by affordable housing. The top five
ranked priorities are listed below, with percentages
indicating the number of respondents who ranked
the particular item as top priority:
› 28.5% – Street repair
› 19.2% – Affordable housing
› 8.3% – Bike lanes/safety
› 7.5% – Climate change resiliency
› 6.8% – Pedestrian safety
Input on this Program Plan was gained from four
large area public meetings held on March 30,
April 6, April 13, and April 20 and the following
Commissions: Environment and Climate, Disaster
and Fire Safety, Disabilities, Parks and Waterfront,
Public Works, and Transportation. Berkeley residents
brought their questions, input, and comments, a
summary of which can be found at
BerkeleyVision2050.org.

This program plan reflects input gathered from these
meetings and City Council meetings on May 31 and
June 21, 2022:
› More detail on possible climate and
street investments
› Adding regular five-year updates
› Address overall vision
› Incorporate trees as public infrastructure assets
› Include indicator on tree canopy and diversity
› Address sidewalks
› Address equity and reference existing
equity-based plans
› Include transit
› Explain why affordable housing is being
considered for the revenue measure(s)
› Include developers’ fees as source of revenue
› Address General Fund commitments to
maintaining public infrastructure
› Include public art
› Revise indicators on EVs, sidewalks,
and micromobility
› Revise Program Delivery section to
address paving, traffic safety, and a multi-
benefit approach
› Include more on climate change, e.g.,
resilience and electrification in buildings
› Include reference to the San Pablo Park pool
› Include coordination of programs/projects for
multiple benefits

15Vision 2050 Program Plan

16 July 2022
03 INTRODUCING THE
30-YEAR PROGRAM PLAN
16 July 2022

17Vision 2050 Program Plan

3.1 Outcomes of the Program Plan
This Plan includes visible outcomes. Four major
outcomes have been identified that incorporate and
advance Vision 2050 principles and core values, and
incorporate community input received to date.

The outcomes are shown in Figure 7 and the related
infrastructure components are described below.

Figure 7: Outcomes of the Program Plan
The City’s infrastructure systems are very complex,
are in daily use, and can’t be improved all at once.

This Plan proposes making the improvements over
a 30-year planning period in order to achieve a
sustainable and resilient infrastructure. This is a
reasonable time frame given the need to balance
the work priority, the funding required, tax impacts,
and the ability to deliver the projects. This also
allows time for incorporating new technologies as
they develop.

This 30-year Program Plan provides the
following information:
› The major outcomes from implementing
the Plan
› Implementing the Plan over 30 years
in phases
› Possible results from the first phase

18 July 2022
Having streets and streetscapes that are safer,
greener, vibrant and enjoyable, use sustainable
technologies, and are in “good” or better condition
is a top priority from the community input, has
been a subject of City audits, and is a priority of
the Council. The asset categories to achieve this
outcome are described below.

Asset Category 1 – Street Surface
The poor condition of Berkeley’s streets has been
documented by the City Auditor’s report Rocky
Road: Berkeley Streets at Risk and Significantly
Underfunded, by residents’ complaints, and by an
overall low Pavement Condition Index (PCI). On a
scale of 0 to 100, streets in a “good” condition have
a PCI between 70 – 79. Berkeley’s streets are “at
risk” with an overall average PCI of 57 and, without
more funding, will continue to deteriorate. From a
community survey conducted in the fall of 2021,
improving the condition of Berkeley’s streets is one
of the community’s highest infrastructure priorities.

The target is to improve Berkeley’s streets to a PCI
of more than 70.

Berkeley’s streets in 2050 will look much different
than today. Personal automobiles will be rarer,
and public transit, ride sharing services, bicycling,
and walking more common. Streets will better
serve all users, and include visible engineering
improvements that make bicycling and walking
safer. These streets will make transit easier, safer,
faster, and more reliable to access and use. Work in
our streets will also require a coordinated approach
to the infrastructure above, both at and below the
street surface. This will require planning that is
integrated and uses concepts such as “Dig Once” .

We also will use other street surface technologies
that are long lasting, help absorb stormwater and
reduce pollution, reduce surface temperatures
and the “urban heat island” effect, and reduce our
dependence on asphalt paving, the production of
which generates greenhouse gas emissions.

The expected outcome is for Berkeley’s street
surface to be in an overall “good” condition, to
move toward using sustainable technologies, and
to have Vision Zero and Dig Once policies fully
implemented.

Asset Category 2 - Sidewalks
Most Berkeley residents use a sidewalk daily, and
many of us much more. Sidewalks in 2050 will be
an even more important part of the transportation
network. They will accommodate and promote the
City’s trees and healthy urban forest, serve users
Outcome 1 – Have Safe and Good Quality Streets
Streets are Safer, More Sustainable, Improved to a Good Condition, and Maintained
Figure 8: Vision 2050 Streets
Reimagine Streets:
› Implement Multi modal Streets with
Protected Sidewalks and Bike Lanes
› Introduce Pervious and/or
Cool Pavement
› Reclaim Street Parking for Trees
and Vegetation
› Promote transit use

19Vision 2050 Program Plan
of all levels of ability and accessibility, and use
materials that help filter stormwater and reduce
surface temperatures. At present, the City faces a
backlog of thousands of sidewalk repairs that have
been requested by residents. While Measure T1
has significantly reduced that backlog, the backlog
is about to grow again as City staff complete the
first proactive assessment of the City’s sidewalks to
identify repair locations. This proactive assessment
is being conducted as part of the City’s update to
its Americans with Disabilities (ADA) Transition Plan.

The City addresses sidewalk repairs with short-term
grinding and filling of problem areas and long-term
replacement of damaged sidewalks. Where conflicts
with the urban forest exist, tools like meandering
sidewalks are used to reduce or resolve those
conflicts and make tree removal a last resort.

The expected outcome is for the backlog of
Berkeley’s sidewalk repairs to be completed and to
have adequate resources to address future
repair needs.

Asset Category 3 – Bicycle and
Pedestrian Plans
Eighty percent of the collisions that result in deaths
or severe injuries on our streets involve someone
riding a bik
e or walking. Making our streets safer
means prioritizing bicycle and pedestrian safety.

This is especially important to help more residents
and workers choose these fossil fuel-free active
transportation modes, and is why Berkeley’s vision
for the future of its transportation network is to be
multi-modal, fossil-fuel free, and equitably accessed.

The City has adopted the 2017 Bicycle Plan and the
2020 Pedestrian Plan, and has identified projects
to help to bring the City closer to these safe and
accessible multi-modal goals.

The City is transforming the City’s bicycle network
into a low-stress experience with a goal of reducing
motor vehicle conflicts and connecting cyclists with
the most utilized portions of the City. At the end
of the program, over 50 miles of city streets will
comprise bikeways, with 15.8 miles of these streets
being full bicycle boulevards that criss-cross the City.

Walking is also a core mode of transportation in
Berkeley. Improving walkability makes Berkeley
safer, more inclusive, and more connected.

As the most accessible and affordable form
of transportation, walking lies at the core of
an equitable mobility network and a healthy
community. In addition to enhancing Berkeley’s
quality of life, improving walking will help the City
to achieve its Vision Zero Policy goal of zero traffic
deaths and severe injuries.

The Berkeley Pedestrian Plan includes an
infrastructure inventory and an assessment of
pedestrian dema
nd and safety. The plan identifies ten
priority street segments requiring projects to improve
pedestrian safety and walkability. Projects provide
improved street design, upgraded pedestrian crossings,
installed speed management and traffic calming, and
improved sidewalk maintenance and accessibility.

The expected outcome is for Berkeley’s Bicycle and
Pedestrian plans to be fully implemented.

20 July 2022
Outcome 2 – Protect the Environment
Infrastructure is Resilient, Protects the Environment, and is Adapted to Climate Change Impacts
Global warming is a significant threat to
communities globally and to the City of Berkeley.

Berkeley’s 2009 Climate Action Plan, 2016 Resilience
Strategy, and 2019 Local Hazard Mitigation Plan
establish city-wide actions to reduce greenhouse
gas emissions and adapt to climate change impacts.

The message is clear that the City’s infrastructure
must be resilient to prepare the City for these risks.

Key goals of the City’s climate action plans are to
use energy more efficiently, transition to renewable
energy as a power source for both buildings and
transportation, improve access to sustainable
transportation modes, recycle our waste, and build
local food systems. The asset categories to achieve
this outcome are described below.

Asset Category 1 - Stormwater and
Watershed Management
The 2012 Watershed Management Plan (WMP)
identified projects to improve storm dr
ains,
restore creeks, attenuate peak flows and to reduce
pollutants entering San Francisco Bay. That project
modelled the Potter and Codornices watersheds.

The City is in the process of updating the WMP .

The updated plan will consider flooding and
drought caused by extreme storm events, sea
level, and groundwater rise, implementation of the
Green Infrastructure Plan, and modelling of all the
watersheds. Infrastructure improvements will include
storm drains, flow attenuation basins, permeable
surfaces, bio-swales, and improvements at
Aquatic Park.

The expected outcome is to have a stormwater
system that addresses future climate impacts,
reduces impervious surfaces, minimizes flooding,
meets the City’s stormwater discharge permit into
San Francisco Bay, prevents pollution from reaching
the San Francisco Bay, and revitalizes the
urban watershed.

Asset Category 2 - Sewers
The City’s wastewater collection system includes
approximately 254 miles of City-owned sanitary
Asset Category 4 - Traffic Controls,
Streetlights, and Parking
In support of creating safe, accessible, and easy to
use streets, the City of Berkeley is planning upgrades
to existing traffic signals, including detection at 67
locations, ADA accessibility, pedestrian push buttons
at 103 locations, and battery back-ups at 124
locations. Public Works maintains 8,011 streetlights
and is planning replacements and upgrades of
2,100 parking meters and 240 pay stations.

The expected outcome is for these traffic controls,
streetlights, and parking needs to be addressed.

21Vision 2050 Program Plan
sewers, 7,200 manholes and other sewer structures,
seven pump stations, and approximately 31,600
service laterals. The City is responsible for
maintenance and repair of the lower portion of
the service laterals (located within the public right-
of-way) from the property line cleanout to the
connection to the City’s sewer main. Wastewater
generated in the City’s collection system is conveyed
to the East Bay Municipal Utility District (EBMUD)
wastewater interceptor system and is treated at
EBMUD’s Main Wastewater Treatment Plant.

During the 1980s, EBMUD and the seven Satellite
agencies conducted studies to address the problem
of overflows and bypasses of untreated wastewater
that occurred during large wet weather events
due to excessive infiltration and inflow (I/I) into the collection systems. These studies resulted in a long-
term program of construction of collection system
relief sewers and sewer rehabilitation. The City has
rehabilitated or replaced over 200 miles of its gravity sewers and associated lower laterals over the past
30 years. Since 2006, the City has also implemented
a private sewer lateral (PSL) certification program
requiring the inspection and/or repair or
replacement of private (upper) sewer laterals at the
time of property transfer or major building remodel.

The seven Satellites and EBMUD are in a Consent
Decree with the U.S EPA, the State Water Resources
Control Board, and the Regional Water Quality
Control Board, which establishes requirements for
achieving the elimination of untreated wastewater
overflows and bypasses over the next 20 to 25 years.

The expected outcome is to comply with the City’s
requirements in the Consent Decree and seal the
sewer system from storm water intrusion, thereby
reducing the risk of untreated sewage reaching the
Bay during wet weather. This will become even more
important as storms intensify due to the
climate crisis.

Asset Category 3 - Undergrounding
Overhead Utility Wires
The City of Berkeley’s stated goal, as outlined in
the General Plan, Disaster Preparedness and Safety
Element, is to ensure the City’s disaster related
efforts are directed toward preparation, mitigation,
response and recovery from disaster shocks. The
Berkeley Local Hazard Mitigation Plan states that our
two greatest disaster challenges are a Hayward Fault
rupture and Wildland Urban Interface (WUI) fire.

The climate crisis will result in periods of drought
followed by very wet winters, producing heavy
vegetation, dry summers, and hot easterly winds
in the late summer. These conditions are known to
create significant fires such as the 1991 Oakland
Hills Tunnel Fire and fires in many parts of California in the past five years.

Methods to reduce the threat of overhead
wires creating WUI fires include aggressive
vegetation management and other fire hardening
techniques. Overhead power lines, more so than
undergrounded wires, can exacerbate unsafe
conditions either by contributing to the disaster itself or hampering public safety efforts and evacuations.

Earthquakes and landslides can knock over utility
poles creating a special hazard. In an earthquake,

22 July 2022
poles have a tendency to sway in opposite directions
causing wires to snap and throw sparks. Some of
California’s biggest fires have started because of live wires in contact with combustible fuel.

The Public Works Commission led a three-phase
study to underground overhead utility wires in
Berkeley. The Phase 3 report recommended
undergrounding along evacuation routes to support
public safety through ingress of first responders
and egress of community members in the event of a
major disaster.

The expected outcome is to implement the Phase 3
study recommendations to underground overhead
utility wires along Berkeley’s evacuation routes and
to support neighborhoods in fire zones that choose
to underground.

Asset Category 4 – Electrification
of Buildings Neighborhoods
and Transportation
A major goal of Vision 2050 is to decrease the City’s
overall climate impact. This effort requires both the
reduction of City-wide energy use and transition
away from fossil fuels to renewable energy. The
Existing Buildings Electrification Strategy in 2021
transitions existing buildings in Berkeley from natural gas appliances to all-electric alternatives in a way
that benefits all residents, especially members of
historically marginalized communities. As identified
in the City’s Resilience Strategy and Climate Action
Plan, Berkeley seeks an energy system that, by 2045,
is carbon neutral and delivers carbon-free electricity
across a highly distributed system. Multifaceted
changes to existing infrastructure and its uses are
required to achieve carbon neutrality. Improvements
to the existing energy grid may include, among
other items:
› Increasing electricity distribution capacity to
accommodate neighborhood electrification and
mobility charging, in coordination with streets
and other infrastructure improvements
› Improving or expanding access to transformers,
vaults, and switchgears
› Seeking opportunities to decommission
gas pipes in areas where buildings or
neighborhoods are transitioning to all-electric
› Supporting solar energy and storage for critical
facilities that prioritizes renewable backup
power over diesel generators, including mobile
batteries and electric vehicle-to-
building connections
› Increasing electric vehicle infrastructure
for municipal fleet and distributed mobility
charging for residents
The expected outcome is to achieve the City’s goal
of becoming a fossil fuel-free city as soon
as possible.

Asset Category 5 – Urban Forest
The City’s municipal forest includes approximately
42,000 street, park, and median trees. These are
often referred to as “city trees” or “public trees.”

CLIMATE EQUITY FUND

PILOT PROGRAMS
In 2021, the Berkeley City Council allocated
$600,000 for Climate Equity Fund Pilot
Programs that provide decarbonization
and resilience programs for low income
community members to retrofit homes,
increase access to electric bikes or other
forms of electric micro mobility, and gain
access to resilience measures and other
electrification measures.

23Vision 2050 Program Plan
They are maintained by the Parks, Recreation, and
Waterfront’s Urban Forestry Unit, which performs
pruning, removing, and planting trees. These trees
are hard at work. They remove pollutants and carbon
dioxide from the air, help cool the City during the
summer, absorb stormwater during storms, and help
the City stay green and support a high quality of life.

However, there are approximately 10,000 vacant tree
locations and many of these locations are in areas
with higher proportions of low-income residents
of color. The expected outcome is to increase our
City’s tree canopy by planting thousands more trees
for the purpose of enhancing our urban forest,
sequestering carbon, addressing equity, mitigating
urban heat island impacts, and improving quality
of life.

Asset Category 6 - Specific Resilience
Infrastructure Assets
While limiting City-wide climate impact is necessary,
the effects of global warming are already testing
traditional infrastructure and will continue to push
our resources to their limits. Worsening drought
conditions, increased risk of extreme weather
events such as flooding and sea level rise create
major challenges for our water supplies, watershed
management, and resilience of our underground
infrastructure systems. These events also have
implications on the safety, health, and well-being
of the community. The City has identified several
new technologies and infrastructure to build while
working towards climate adaptation and resilience.

Some of the new infrastructure and adaptation
strategies include:
› Develop rainwater catchments, expanding
the use of gray water and expanding the
distribution and use of EDMUD recycled water
(purple pipe) for landscaping irrigation.
› Use natural green infrastructure solutions
including infiltration basins, wetlands,
bioswales, permeable paving, etc. to mitigate
flooding from the combined effects of
groundwater, sea level rise, and extreme
rain events.
› Increase the urban forestry canopy and use cool
paving technologies to protect against
extreme heat.
› Upgrade Community Resilience Centers
and Resilience Hubs to ensure respite and
evacuation capacity.
› Identify and manage urban – wildland forest
canopy to mitigate wildfire risks.
› Install technologies such as air filtration to
mitigate wildfire smoke impacts.
› Use “cool” paving and reduce dark asphalt
street surfaces to combat urban heat
island effects.
› Improve seismic safety systems in City facilities
to reduce impacts from future earthquakes.

24 July 2022
Outcome 3 – Promote Quality of Life
Open Space, Parks, and Recreation Improve Our Quality of Life A key outcome of the Vision 2050 initiative is to
improve our overall quality of life through the
promotion of open spaces, parks, and recreational
opportunities. The asset categories to achieve this
outcome are described below.

Asset Category 1 - Parks
The City has 52 parks that contain 15 athletic fields,
49 sports courts (basketball and tennis), and 63 play
areas. Many parks need significant improvements
to pathways, lighting, irrigation systems, play
structures, and athletic fields. The expected outcome
is to implement these improvements.

Asset Category 2 – Pools
The City has two swimming pools, one by King
Middle School and the other at West Campus. The
pools require improvements to the locker rooms and
office areas, and improvements to piping, decking,
tiling, and roofs. While the King pool has a 30-year
lease, the West Campus site has a five-year lease
with the possibility that a new pool will be built at
San Pablo Park that serves south and west
Berkeley residents.

Asset Category 3 – Park Buildings
and Restrooms
The City has four community centers, 2 clubhouses,
29 restrooms, and outbuildings. Many of the
required improvements have been made with
funding from Measure T1. Future improvements
include seismic/deferred maintenance at some
park buildings, renovation of existing restrooms,
and construction of new restrooms. The
expected outcome is to implement the required
improvements, including electrification, elimination
of natural gas connections, and the addition of solar
and battery storage, where feasible.

Asset Category 4 – Camps
The City of Berkeley’s non-resident camps include
Cazadero Camp located off the Russian River, Echo
Lake Camp located just above South Lake Tahoe,
and Berkeley Tuolumne Camp located just east of
Yosemite Park. These camps include hundreds of
facilities, amphitheaters, bridges, pathways, water
systems, and swimming pools.

There are two significant camp projects in progress.

The rebuilding of Berkeley Tuolumne Camp is
nearly completed and is scheduled to reopen in the
summer of 2022. At Cazadero Camp, the Jensen
Dorm, which was destroyed by a landslide in 2016,
has been reconstructed. These projects are primarily
funded by insurance.

The expected outcome is to complete the
construction at the camps and to have them back
in operation.

Asset Category 5 – Waterfront
The Waterfront is the largest public marina in the
Bay Area located on 125 acres of land and 50
acres of water, and includes approximately 1,040
berths, public access docks, pilings, channels,
streets, pathways, parking lots, buildings, restrooms,
buildings, and small boat launch ramps.

25Vision 2050 Program Plan
Outcome 4 – Have Safe Public Facilities
Public Facilities are Safe, Resilient, and Provide Community Placemaking The City is responsible for maintenance of 95
facilities, not including Library facilities and facilities leased to other entities. These facilities include 39
facilities in the Parks, Recreation, and Waterfront
inventory and 56 facilities in the Public Works
inventory. These facilities house City staff and are
places where residents receive public services.

These facilities need to be safe, healthy, and resilient, and provide community placemaking, where the
connection between people and these places is
strengthened. The asset categories to achieve this
outcome are described below.

Asset Category 1 – Public Buildings
In 2013, staff retained a consultant to perform
assessments and provide updated condition reports
and cost estimates for the City’s facility inventory.

The recommended improvements are extensive.

All projects included in these assessments are
considered either major maintenance or capital
projects. Despite support from a variety of City
funds, the cost for routine maintenance, major
maintenance, and capital improvements far exceeds
currently existing sources of funds.

The expected outcome is that condition
assessments of the City’s public buildings will be
conducted regularly, and necessary improvements
identified and completed. These improvements
include electrification, elimination of natural gas
There are many funding needs at the Waterfront,
where many of the facilities have reached the
end of their useful life and are starting to fail.

As documented in multiple reports, there is a
diminishing ability to pay for the pressing capital
needs in the Waterfront. The Marina Fund is the
City’s mechanism for managing all Waterfront
revenues and expenditures. Revenues steeply
declined in the last two years as a result of safety
and security concerns and failing infrastructure.

The combination of falling revenue and increasing
expenditure needs have strained the relatively small
Marina Fund to a breaking point.

The City has begun a long-term planning effort
– the Berkeley Marina Area Specific Plan (Figure
9)– to establish the community’s vision for the
Waterfront and to plan for making the Marina
Fund viable and stable. There is still a need to
address urgent infrastructure repairs to finger
docks, pilings, electrical systems, and restrooms.

If these investments are not made, facilities and
infrastructure will either require more costly
emergency funding or be closed as in the case of
the Berkeley Pier.

The expected outcome is to make the urgent repairs,
complete the Berkeley Marina Area Specific Plans,
and to return the Marina Fund to solvency.
› Ensure Structural Integrity
› Develop for Recreational Use
Figure 9: Marina Community Vision

26 July 2022
connections, and addition of solar and battery
storage, where feasible.

Asset Category 2 – Civic Center
The Civic Center comprises portions of the area
surrounding Martin Luther King Jr. Civic Center Park
including the Maudelle Shirek Building “Old City
Hall” (1909) and the Veterans Memorial Building
(1928). Presently, the historic buildings have
decades of accumulated deferred maintenance
and are seismically unsound. As part of the city’s
Measure T1 program, the Veterans Memorial
Building and Old City Hall were slated for structural
analysis and visioning of possible conceptual design
alternatives, in concert with Civic Center Park. A
consultant was retained to conduct a community
outreach strategy, perform an assessment of the
existing infrastructures, identify programs and
functions for the two buildings, develop concepts
for improvements for the Park. The consultant
completed this work and presented a suite of
financing and revenue generation strategies for the
facility. City Council approved the following vision:

The expected outcome is to design and construct
a Civic Center consistent with this vision and to
provide placemaking.

Asset Category 3 – Transfer Station and
Recycling Center
The city’s current solid waste transfer station was
opened in 1983. In the late 1980s, Berkeley’s
recycling operations relocated to the site to be
operated by the Community Conservation Center.

In the 1990s, the residential recyclable collection
operator, the Ecology Center, was allocated an area
at the site for its operations yard and office building.

These facilities are not integrated and operations are
not coordinated in a way that provides customers
ease of use, access, or efficient drop-off of materials.

These facilities do not meet current seismic
requirements, have not been upgraded or improved
since constructed, exceed their serviceable life, and
cannot help meet the city’s Zero Waste Goal.

The city retained a consultant to conduct a feasibility study to build a new solid waste transfer and
recycling facility. Through active collaboration and
community participation between November 2018
to May 2019, the city has developed a consensus
around two conceptual facility designs.

The expected outcome is that the CEQA analysis
and design of the approved project will be
completed and a replacement facility constructed
that helps the city achieve its Zero Waste goal.

CIVIC CENTER VISION
The Civic Center will be the heart of Berkeley’s
community. Civic Center will be the prime
space for civic life, culture, and the arts. It will
reflect the city’s diverse identities, celebrating
its history, and contributing to shaping its
future. A place of shared resources and a
platform for free expression accessible to all,
Civic Center aims to manifest the city’s values,
advance social justice, and demonstrate the
power of true public space.

Award Winning Remodel of
the Mental Health Building

27Vision 2050 Program Plan

3.2 Work Prioritization and Phasing
The Vision 2050 program is planned to be
implemented over 30 years in approximately three,
10-year phases. Due to the work’s complexity and
volume, an understandable prioritization process
is needed to sequence the work. The Program Plan
uses a scoring system based on these components
and weighting:
› Envision criteria, 60% weighting
› Community input criteria, 40% weighting
The Vision 2050 report recommended the use of
multi-criteria decision-making and suggested using
the Envision criteria as prioritization tool. Envision
is a program that is organized by the Institute for
Sustainable Infrastructure and provides an objective
framework of criteria designed to help identify
ways in which sustainable approaches can be used
to plan, design, construct, and operate individual
infrastructure projects.

The Envision framework includes 64 sustainability
and resilience indicators organized around five
categories: quality of life, leadership, resource
allocation, natural world, and climate and resilience.

Envision is now widely applied to civil infrastructure
projects akin to LEED certification. This criteria is
given a weighting of 60%.

The other criteria comprises community input
from the surveys, online feedback and community
meetings. What the community wants for Berkeley
is important and this criteria is given a weighting of
40%. The resulting criteria and score sheet is shown
on Table 2.

Envision Criteria (Weight 60%)
Community Input Criteria (Weight 40%)
TABLE 2:

PRIORITIZATION SCORE CARD

28 July 2022
Each asset category was rated using the score sheet,
and initial scoring was completed by managers
in the Public Works and Parks, Recreation and
Waterfront departments. A summary of the scoring
results is shown on Table 3. This rating is intended as a general guideline for resource allocation. It does
not dictate when the works gets done as there may
be other project requirements.

For planning purposes, the work can be placed
in three priority groups as shown in Table 3. This
can serve as a start for the planning of a 30-year
program. More details of the 3-phase program will
be developed by the program team, should voters
approve new funding for the program. Ultimately,
the City Council will select the projects to fund and
their timing.

The Program Plan’s goal is to ensure all of these
asset categories become Priority 1 well before
2050. Asset categories in Priorities 1 and 2 are most
aligned to resilience and sustainability measures in
the criteria and are closest to being able to move
into construction. Many of the asset categories
in Priorities 2 and 3 require more public process,
planning, and/or engineering, some of which may
be supported by a revenue measure or measures.

Some of these asset categories, such as sewer, have
sufficient, dedicated funding sources that make
them unnecessary to prioritize for new
revenue funding.

When sufficient funding mechanisms and the project
team are in place, the work of selecting projects will
begin. The process will be carried out separately for
each 10-year program phase. The project selection
process is shown on Figure 10. This process is
being used successfully on the second phase of the
Measure T1 program. Projects that are identified as
high priority for implementation within each 10-year
phase will move forward to final acceptance after
staff analysis, community and Commission input, and
City Council review and approval. The prioritization
of the projects will use the scorecard shown on Table
2, or as updated at the time.

TABLE 3

SUMMARY OF PRIORITY SCORING
Priority Asset Category by Score
1 Streets
Bicycle and Pedestrian
Plan projects
Sidewalks
2 Undergrounding
Stormwater
Parks
Trees
Waterfront
3 Traffic Controls, Streetlights,
and Parking
Transit projects
Civic center
City buildings
Transfer station
Sewer

29Vision 2050 Program Plan
Figure 10: Project Approval Process

30 July 2022
04 THE PLAN’S FUNDING,

RESULTS, AND TAX IMPACT
This section describes a high-level funding approach to achieving resilient and sustainable infrastructure by 2050, the various sources of funds available for this work, results that could be delivered, and a review of the tax impacts on residents for implementing a Vision 2050 program. 30 July 2022

31Vision 2050 Program Plan

4.1 Funding Sources
Achieving a resilient and sustainable infrastructure
by 2050 will require new revenue from a variety of
sources, including new voter-approved measures.

Adjustment to user fees and rates that are dedicated
to certain services will be another important source
of infrastructure funding. For example, Berkeley’s
sewer system is operated and maintained through
user fees charged to customers. Through financial
analysis, staff have determined that the $194
million needed in the city’s sewer systems can be
addressed in the next decade or so with cost-of-
living adjustments to existing rates. Other services
have dedicated funding sources (or rates), but
that funding falls short. This is true of the city’s
stormwater fee and a special parcel tax for parks
and trees. Other sources of funds include grants
(federal, state, and other), developer fees, city funds (including the General Fund), and property owner
fees, e.g., 50/50 sidewalk repairs.

Figure 11 shows the anticipated funding sources
that will be available to complete each of the four
Program outcomes and deliver sustainable and
resilient infrastructure by 2050. This is a high-level
projection with many assumptions yet to be proven,
but is offered to show a funding path to the Vision
2050 destination and its dependence on a variety of
revenue sources.

Figure 11: Vision 2050 Funding Sources

32 July 2022

4.2 Funding Alternatives
For the November 2022 ballot, two types of
infrastructure revenue measures are being
considered: a General Obligation Bond (or
Infrastructure Bond) and Parcel Tax.

General Obligation Bonds (GO Bonds) are paid
by an ad valorem property tax based on taxable
property assessed value and can only be used
to fund capital improvements (no maintenance,
operations or services). GO Bonds are considered
the most secure type of municipal debt and carry
the lowest interest rates given the taxing power
for repayment of the debt service. GO Bonds can
also be structured to match the life expectancy of
the infrastructure improvements and be issued in
independent series as required based on project
costs and timing. This phasing can allow for a better
alignment of infrastructure utilization and repayment
of the debt. Also, bond measures are generally
considered progressive forms of taxation since they
are based on the assessed value of properties.

The city has historically managed its GO Bond
program for each authorization (Measures G, S, I,
FF, M, T1 and O) through the issuance of individual
bond series calculated to meet the capital funding
requirements of the projects. Bonds were issued
in amounts that minimized the impact on the tax
rate required to make debt service payments. Since
1992, the city has maintained annual tax rates below
original projections represented to voters for each
of the GO Bond authorizations.

A Parcel Tax is a property tax that generates
annual special revenues for capital, operations,
maintenance and services. State law provides for
a number of different tax formulas for levies to all
properties (residential and commercial) including
per parcel, building square footage or land use.

A parcel tax cannot be based on property value.

A parcel tax based on building square feet is
generally considered a progressive form of taxation
since larger properties pay more than smaller
properties, exemptions for seniors and low-income
property owners are allowed.

Given the scale of the infrastructure need, the
Program Plan assumes two 2022 Revenue Measures.

First, a parcel tax of $0.30 per building square foot
for 14 years, raising approximately $25 million
annually, that is dedicated to streets, sidewalks, and
traffic safety as described under Outcome Number

1. Second, an infrastructure bond of $300 million
with $150 million to address affordable housing for
low-income persons and the unhoused and $150
million to improve resilience to climate change,
wildfire prevention and protection, and to improve
other select public infrastructure, as described in
Outcome Numbers 2, 3, and 4.

These measures fund the community’s top priorities
voiced in the public outreach: affordable housing,
street repair, and resilience to climate change.

Multiple measures provide more flexible sources
of funding that could address maintenance needs
in addition to capital improvements. Street repair,
sidewalk repair, and traffic safety are also top needs
identified by online survey respondents, and is
supported by the city’s prioritization using the
Vision 2050/Envision scorecard. These measures
would significantly reduce the city’s risk related to
infrastructure unfunded liabilities, and improve the
City’s streets for all users.

33Vision 2050 Program Plan
TABLE 4

FUNDING MECHANISMS
Type GO Bond Parcel Tax
TAX BASIS Assessed Value (AV) Building square footage
USE OF FUNDS Capital only Capital + Maintenance
TAX PROGRESSIVITY Progressive Progressive
EXEMPTIONS None Low income/senior
PROS Relative tax burden decreases as
total AV increases
Fixed payments with cost of living
adjustments, funds capital and
maintenance
CONS
Cannot pay for maintenance
or operations
Does not adjust for future costs
Increases tax burden if building
square footage increases
Why is affordable housing included in these possible revenue measures? The Vision 2050 Framework focused on infrastructure, not affordable housing. However, on April 27, 2021, City Council approved exploring revenue measures that addressed both infrastructure and affordable housing, given both were top priorities for residents. Housing and infrastructure are connected. Ensuring affordable housing in a city such as Berkeley reduces greenhouse gas emissions because it affords lower and middle-income residents an opportunity to live closer to where they work, which means less emissions getting to work. At the same time, ensuring affordable housing is an important tool for ensuring a diverse and equitable city, which is an important priority of our community and City Council.

34 July 2022
Per Section 4.1, these results assume:
› The City continues its track record of
successfully leveraging state, federal, and
regional grants.
› City Council allocates a total of $15 million
to annual paving from non-revenue measure
sources in order to ensure proper ongoing
maintenance of the City’s streets, as
accomplished for FY 2024.
› Parcel tax revenue of $25M annually is
distributed roughly two-thirds to paving
condition and one-third to traffic safety
and sidewalks.
› GO bond revenue is distributed roughly 60%
to climate change, resiliency, and wildfire
protection projects; and 40% to public realm
and other infrastructure projects.

These investments would:
› Improve streets to good paving condition and
repave 97% of street mileage across the City.
› Implement 100% of adopted traffic safety plans
(bike/ped) and achieve Berkeley’s vision of a
low-stress bike network
› Begin to underground the City’s evacuation
routes to enable emergency responders’
ingress and evacuating residents’ egress in the
event of a wildfire, earthquake, or other disaster
› Complete selected sea level rise projects at
the Waterfront
› Replace and improve Aquatic Park, storm drain,
and green infrastructure citywide to prevent
pollution from reaching the Bay and improve
the City’s resiliency from climate-infused storms
› Assist in advancing the city’s park and public
realm projects, e.g., Waterfront, Civic
Center Renovation, and San Pablo Park pool
Results

35Vision 2050 Program Plan
Property tax rates for Berkeley property owners are
comparable to neighboring cities. After accounting
for ad valorem taxes, city voter-approved taxes and
assessments, school district taxes, and other fixed
charges, FY 2021 tax rates in Berkeley (1.58%) were
on par with Oakland (1.54%) and lower than in
Albany (1.89%).

The city’s prior bond issuances include Measure
FF (neighborhood libraries), Measures G, S, and I
(public safety, main library/seismic retrofit, animal
shelter), Measure O (affordable housing), Measure
M (streets and watershed), and Measure T1
(infrastructure and public facilities). Debt service
from prior bond measures constitutes only 3.2% of
the average property owner’s tax bill.

The city has a current debt service of $52.90 per
$100,000, which is low compared to nearby cities
and their school districts, as shown in the table
below. Even after implementation of a $300M GO
bond, the city’s debt service will continue to be
lower than nearby cities and school districts.

The city has historically maintained low GO Bond
tax rates as shown in Figure 12. This represents
the previously approved bond measures including
the remaining bonds for Measures T1 and O to be
issued over the next four years.

If voters approved a $300 million GO bond, the
average tax required for the new bond authorization
will be $27 per $100,000 of assessed value.

Assuming the existing GO bond authorization
capacity are issued as scheduled, the cumulative
debt service on all GO Bonds will increase through
2036, and then begin to decrease as prior bonds are
paid off.

4.3 Review of Tax Implications
TABLE 5

EXISTING DEBT SERVICE

AND TAX IMPACT
2021/22 Tax Rates Total GO Bond
Tax Burden
Per $100,000 $52.90
Average Tax
(based on assessed
property value of
$647,972)
$342.78
TABLE 6

DEBT SERVICE COMPARISON
City or District
Debt Service per
$100,000 of
Assessed Value
City of Oakland $201.10
Albany School District $195.00
Berkeley School District $145.10
City of Albany $130.30
Oakland School District $120.20
City of Berkeley plus
$300M bond
$79.75
(average)
City of Berkeley
(current)
$52.90
(average)

36 July 2022
Figure 12: Historical & Projected Property Tax
TABLE 7

SUMMARY OF TAX IMPACTS
$300M
GO Bond + Parcel Tax
Tax Rate ($100,000 A.V.)
Avg Bond =
Parcel =
$27
30 cents per sq. ft.

Tax (Avg Home: $647,972;
1,900 sq ft)
Avg Bond =
Parcel =
Total =
$166
$570
$736
Assuming average developed property size of 1,900 square feet, a parcel tax of 30 cents per square foot would add $570 annually to the average property owner’s tax bill, which is comparable to the annual cost of refuse service based on a 32-gallon cart.

Below is a summary of the tax impacts on an average property, assumed to be an average valued house at $647,972 (assessed value) with 1,900 sq ft.

37Vision 2050 Program Plan
Infrastructure spending has other benefits. It creates
jobs. The U.S. Department of Transportation has
found that for every $1 billion in infrastructure
investment, 13,000 jobs are created. In a place like
Berkeley, which follows both state law on public
works expenditures and local law via a Community
Workforce Agreement, this means jobs that pay
prevailing wages and benefits.

Infrastructure spending also can add art to our
public spaces. If 1 percent of a revenue measure is
dedicated to local public art, as was the case with
Measure T1, or City Council commits an annual
General Fund allotment of a similar amount, then
Berkeley’s public spaces will get more public art.

Public art plays an integral role in improving our
community’s wellbeing by creating inspired spaces
that reflect the unique character of our city. Public art breathes life into the built environment, engages the
community with creative art experiences, and fosters
a sense of belonging.

4.4 Other Benefits of Infrastructure Spending
Art Installation at Civic Center Garage
Statue of William Byron Rumford
Art Installation at Shattuck & Center
Figure 13: Public Art in Berkeley

38 July 2022
05 PROGRAM DELIVERY
The City has well-established capital project divisions in the Public Works Department and Parks, Recreation, and Waterfront Departments, delivering a wide range of infrastructure projects. Given this major 30-year program to rebuild infrastructure, this section looks ahead on how the City will deliver the program, evaluating the City’s current capabilities, sharing information on other cities’ approaches to implementing large capital programs, and recommending actions to implement the Vision 2050 program. 38 July 2022

39Vision 2050 Program Plan

5.1 Current Organization and Measure T1 Implementation
Capital projects are delivered by the Engineering
and Transportation Divisions in the Public Works
Department, and Capital Projects Division of the
Parks, Recreation and Waterfront Department. Most
of this work is based on regular, annual contributions
from special funds, including ratepayer funds (sewer,
stormwater, and streetlight) and a parks-focused
parcel tax.

As shown in the table below, capital investments
have more than doubled in the last decade.

This growth has largely been driven by Measure T1
and the large project to rebuild Tuolumne Camp.

In November of 2016, Berkeley voters passed
Measure T1, authorizing the city to sell $100 million
of General Obligation Bonds to repair, renovate,
replace, or reconstruct portions of the city’s
aging infrastructure.

The City of Berkeley has managed all T1 projects
internally with a team that includes administrative,
financial, and project management staff from the
Public Works and Parks, Recreation, and Waterfront
Departments. Five full-time equivalent positions
were allocated across 11 staff within PW and PRW.

One of the five FTEs is a T1 Associate Management
Analyst. While projects are managed by city staff, the
planning, design, and construction management of
projects are largely completed by consultants.

As a part of preparing this Program Plan, interviews
were conducted with the T1 Management Team and
project managers to learn what has worked well and
how things can be done better in the future.

Positive outcomes of T1 implementation:
› The City has completed nearly all of the
39 projects in Phase 1. Phase 2 projects
are approved and are on track to be
completed by 2026
› Interdepartmental collaboration has been very
effective with regular meetings and
open communications
› Community messaging has been regular and
recurring, with ongoing updates to the website
and email distribution lists, periodic reporting
to Council, and a January 2022 informational
brochure mailed to residents
› The program team has been able to staff up
and retain staff during the program
› Staff costs have been kept to a minimum, i.e.,
less than 12% of project costs
› Meetings are held at the conclusion of each
project to discuss challenges, successes, and
lessons learned
› The project teams have largely been able to
keep up with the project schedules

Year Capital Program
2010 $41.6 million
2020 $114.5 million