Berkeley City Council
December 10, 2024

Tuesday, December 10, 2024 AGENDA Page 1

P R O C L AM AT I O N

C AL L I N G A S P E C I AL M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

Tuesday, December 10, 2024
5:30 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

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

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1601063395. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 106 3395 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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

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

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

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

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

Tuesday, December 10, 2024 AGENDA Page 2

Preliminary Matters
Roll Call:

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

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

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

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

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

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

Consent Calendar

Tuesday, December 10, 2024 AGENDA Page 3

1. Confirming the Results of the November 5, 2024, General Municipal Election From: City Manager
Recommendation:

1. Adopt a Resolution:
a) Confirming the results of the November 5, 2024, General Municipal Election; and b) Declaring the passage of Measure W – Real Property Transfer Tax Amendments, Measure X – Library Relief Act of 2024, Measure Y – Parks, Trees, and Landscaping Maintenance Tax Amendments , Measure Z – Sugar Sweetened Beverage Tax Amendments, Measure AA – Article XIIIB GANN Appropriations Limit Authority, Measure BB – Rent Stabilization Ordinance Amendments and Housing Retention Measure DD – Prohibition on Concentrated Animal Feeding Operations, Measure FF – Ordinance to Establish a Parcel Tax for the Purpose of Funding Repairs and Improvements to Streets, Sidewalks, and Pedestrian Paths. c) Declaring the failure of Measure CC – Establish Direct Rental Payments and Amendments to the Rent Stabilization Ordinance, Measure EE – Ordinance Creating a Parcel Tax for the Purpose of Funding Repairs and Improvements to Streets, Sidewalks and Pedestrian Paths, Measure GG – Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger, Measure HH – Ordinance Requiring the Adoption of Minimum Indoor Air Quality Standards in City- Owned and City-Leased Buildings.

2. Adopt seven Ordinances amending the Berkeley Municipal Code to incorporate the passage of Measure W – Real Property Transfer Tax Amendments, Measure X – Library Relief Act of 2024, Measure Y – Parks, Trees, and Landscaping Maintenance Tax Amendments, Measure Z – Sugar Sweetened Beverage Tax Amendments, Measure BB – Rent Stabilization Ordinance Amendments and Housing Retention, Measure DD – Prohibition on Concentrated Animal Feeding Operations, Measure FF – Ordinance to Establish a Parcel Tax for the Purpose of Funding Repairs and Improvements to Streets, Sidewalks, and Pedestrian Paths.

3. Adopt a Resolution codifying the text of Measure AA – Article XIIIB GANN Appropriations Limit Authority.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

Adjournment
I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on December 6, 2024.

/s/ Adena Ishii, Mayor
Public Notice – this Proclamation serves as the official agenda for this meeting.

Tuesday, December 10, 2024 AGENDA Page 4
ATTEST:

Date: December 6, 2024
Mark Numainville, City Clerk

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:
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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, and through the City's online records portal:
https://records.cityofberkeley.info/.

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

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

Please refrain from wearing scented products to this meeting.

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.

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: www.berkeleyca.gov

CONSENT CALENDAR
December 10, 2024
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Confirming the Results of the November 5, 2024, General Municipal Election

RECOMMENDATION

1. Adopt a Resolution:
a) Confirming the results of the November 5, 2024, General Municipal Election; and b) Declaring the passage of Measure W – Real Property Transfer Tax Amendments, Measure X – Library Relief Act of 2024, Measure Y – Parks, Trees, and Landscaping Maintenance Tax Amendments , Measure Z – Sugar Sweetened Beverage Tax Amendments, Measure AA – Article XIIIB GANN Appropriations Limit Authority, Measure BB – Rent Stabilization Ordinance Amendments and Housing Retention Measure DD – Prohibition on Concentrated Animal Feeding Operations, Measure FF – Ordinance to Establish a Parcel Tax for the Purpose of Funding Repairs and Improvements to Streets, Sidewalks, and Pedestrian Paths. c) Declaring the failure of Measure CC – Establish Direct Rental Payments and Amendments to the Rent Stabilization Ordinance, Measure EE – Ordinance Creating a Parcel Tax for the Purpose of Funding Repairs and Improvements to Streets, Sidewalks and Pedestrian Paths, Measure GG – Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger, Measure HH – Ordinance Requiring the Adoption of Minimum Indoor Air Quality Standards in City- Owned and City-Leased Buildings.

2. Adopt seven Ordinances amending the Berkeley Municipal Code to incorporate the passage of Measure W – Real Property Transfer Tax Amendments, Measure X – Library Relief Act of 2024, Measure Y – Parks, Trees, and Landscaping Maintenance Tax Amendments, Measure Z – Sugar Sweetened Beverage Tax Amendments, Measure BB – Rent Stabilization Ordinance Amendments and Housing Retention, Measure DD – Prohibition on Concentrated Animal Feeding Operations, Measure FF – Ordinance to Establish a Parcel Tax for the Purpose of Funding Repairs and Improvements to Streets, Sidewalks, and Pedestrian Paths.

3. Adopt a Resolution codifying the text of Measure AA – Article XIIIB GANN Appropriations Limit Authority.

Confirming the Results of the November 5, 2024 General Municipal Election CONSENT CALENDAR December 10, 2024

FISCAL IMPACTS OF RECOMMENDATION
None to confirm election results.

CURRENT SITUATION AND ITS EFFECTS
The Alameda County Registrar of Voters has submitted to the City Clerk the official Statement of Votes cast for the City of Berkeley General Municipal Election held on November 5, 2024, and the City Clerk has prepared the attached Certification of Election Results.

The attached Resolution confirms the results of the November 5, 2024 Election and declares candidates elected to offices of Mayor, City Council Districts 2, 3, 5, and 6, Rent Stabilization Board Commissioner, and School Board Director, as well as the passage and/or defeat of city ballot measures.

For the certified results, the precinct count for Mayor shows a different number of votes for the candidates than the RCV report shows. This is due to an “advanced vote” that is tabulated when the RCV algorithm is used. An example of an advanced vote scenario would be if a voter left their first-choice column blank, but then voted for a candidate in the second choice column. When the Registrar of Voters runs the RCV algorithm, the vote in the second-choice column is “advanced” to the first-choice column. This is how the system has worked since its inception in 2010 and is the proper outcome in these scenarios.

Voters approved Measures W, X, Y, Z, AA, BB, DD, and FF. Measure W will become effective on January 1, 2027. Measure X will become effective on July 1, 2025. Measure Y will become effective July 1, 2025. Measure Z is already authorized and has been reauthorized until repealed or modified by the voters of the City of Berkeley. Measures BB and DD will take effect on December 20, 2024 (10 days after vote is declared by legislative body). Measure FF will become effective on January 1, 2025. Measure AA will be effective immediately after the Council adopts the resolution confirming the results.

Measures CC, EE, GG, and HH did not achieve the required majority threshold needed for passage.

BACKGROUND
The City conducted its General Municipal Election on November 5, 2024. In addition to candidates for local offices, twelve measures were placed on the ballot by the Council.

The City Charter and the Municipal Code require that to be elected to the office of Mayor and Councilmember, a candidate must receive a majority of votes for that office under the Ranked-Choice Voting method.

Members of the School Board and Rent Stabilization Board are elected by plurality vote.

Confirming the Results of the November 5, 2024 General Municipal Election CONSENT CALENDAR December 10, 2024

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

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution
Exhibit A: City Clerk Certificate of Election (includes the Ranked Choice Voting Accumulated Results Chart for Mayor and the Registrar of Voters’ Certificate of Election and Statement of Results with precinct-by- precinct results)
2: Ordinance – Measure W
3: Ordinance – Measure X
4: Ordinance – Measure Y
5: Ordinance – Measure Z
6: Resolution – Measure AA
7: Ordinance – Measure BB
8: Ordinance – Measure DD
9: Ordinance – Measure FF

Attachment 1
RESOLUTION NO. ##,###-N.S.

CONFIRMING THE CANVASS OF RETURNS OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 5, 2024, AND DECLARING THE RESULTS WHEREAS, a General Municipal Election consolidated with the Presidential General Election was held in the City of Berkeley on November 5, 2024; and WHEREAS, the qualified electors cast ballots at said election for the following officials:

One seat for Mayor, Term ending November 30, 2028
One Councilmember seat, District 2, Term ending November 30, 2028 One Councilmember seat, District 3, Term ending November 30, 2028 One Councilmember seat, District 5, Term ending November 30, 2028 One Councilmember seat, District 6, Term ending November 30, 2028 Two School Board Director seats, terms ending November 30, 2028 Four Rent Stabilization Board Commissioner seats, terms ending November 30, 2028.

WHEREAS, at said election the qualified electors cast ballots upon the following proposed Measures:

Measure W – Real Property Transfer Tax Amendments
Majority Vote Required
Shall the measure effective January 1, 2027, setting the existing general tax on transfers of real property at 2.5% of a property’s value for properties valued $1.6M or higher, and increasing the rate from 2.5% to 3% for properties valued $1.9M or higher and from 3% to 3.5% for properties valued $3.0M or higher, adjusted annually for increases in value; removing January 1, 2029 expiration date; generating an estimated additional $2M - $4M annually, until repealed, be adopted? Measure X – Library Relief Act of 2024
Two-thirds Vote Required
Shall the measure creating a special parcel tax to maintain Berkeley Public Library facilities and services, prioritizing neighborhood libraries, weekend and evening hours, diverse collections, and youth, educational and other programs, at $0.06 per square foot of improvements for dwelling units, and $0.09 per square foot for other properties, generating $5,600,000 annually until repealed, in addition to the current library tax of $0.28 per square foot for dwelling units and $0.4233 for other properties, be adopted? Measure Y – Parks, Trees, and Landscaping Maintenance Tax Amendments Two-thirds Vote Required Shall the measure increasing the rate of the City’s special parcel tax for parks,
trees and landscaping maintenance from $0.221 to $0.2652 per square foot of taxable improvements, adjusted annually for inflation, exempting very low-income property owners as defined by the City Council, estimated to generate an

Attachment 1
additional approximately $3.8 million annually for a total of approximately $22 million annually, and effective until amended or repealed by voters, be adopted? Measure Z – Sugar-Sweetened Beverage Tax Amendments
Majority Vote Required
Shall the measure to remove the current January 1, 2027 expiration date and extend until ended by voters the general tax on the distribution of sugary drinks and sweeteners, paid by distributors at the rate of 1¢ per fluid ounce, previously approved by voters in 2014, with exceptions for small retailers, milk products, and baby formula, raising approximately $1,150,000 per year for general government use, be adopted? Measure AA – Article XIIIB GANN Appropriations Limit Authority Majority Vote Required
Shall the City’s appropriation limit under Article XIIIB of the California Constitution be increased to allow expenditure of the proceeds of City taxes and income from the investment of those taxes for fiscal years 2025 through 2028? Financial Implications:

This measure would not increase taxes or impose a new tax. It would authorize the City to continue to spend the proceeds of already- approved taxes for FY 2025 through 2028.

Measure BB – Rent Stabilization Ordinance Amendments and Housing Retention Majority Vote Required
Shall the measure to use existing revenue to fund housing retention and homelessness prevention; modify certain grounds for eviction; remove rent control and registration exemptions for certain units; allow tenant associations and require owners to confer with them; limit the ways tenants can be charged for utilities; limit the maximum annual rent increase to 5%; eliminate suspension of rent controls during high vacancy; and require notice to new tenants of their rights, be adopted?
Measure CC – Establish Direct Rental Payments and Amendments to the Rent Stabilization Ordinance
Majority Vote Required
Shall the measure to use existing revenue to create a fund for rent payments to property owners on certain tenants’ behalf; to expand exemptions from rent control and registration for certain single-family homes and two-unit properties; to allow property owners and tenants to agree to rent increases in exchange for services or amenities; to modify certain grounds for eviction; to allow tenants’ associations; and to remove certain powers from the Rent Board, be adopted?
Measure DD – Prohibition on Concentrated Animal Feeding Operations Majority Vote Required
Shall the measure prohibiting the establishment within the City of Berkeley of facilities where livestock are kept for 45 days or more in a 12-month period and which meet size and other regulatory thresholds established by the Environmental Protection Agency;

Attachment 1
prohibiting the expansion of existing facilities; requiring existing facilities to cease operations within one year; establishing a penalty of $10,000 per violation per day; and allowing enforcement by the City Council or by private lawsuit, be adopted? Measure EE – Ordinance Creating a Parcel Tax for the Purpose of Funding Repairs and Improvements to Streets, Sidewalks and Pedestrian Paths Majority Vote Required
Shall the measure creating a special parcel tax for the purposes of street and sidewalk repair, repaving and reconstruction, pedestrian safety projects, traffic-calming measures on bicycle boulevards, and environmental infrastructure, at a rate of $0.13 per square foot of improvements, which may be increased annually for inflation, generating approximately $10.5 million annually for 12 years, provided the City continues to fund street maintenance and repair at levels established in 2022, be adopted? Measure FF – Ordinance to Establish a Parcel Tax for the Purpose of Funding Repairs and Improvements to Streets, Sidewalks, and Pedestrian Paths Majority Vote Required
Shall the measure creating a special parcel tax for the purposes of street, sidewalk, and pedestrian path repair, repaving, and reconstruction, safety improvements, and environmental infrastructure, at a rate of $0.17 per square foot of improvements to dwelling units and $0.25 per square foot of improvements to other property, which may be increased annually for inflation; and generating approximately $15 million annually for 14 years, provided other funding for street maintenance is maintained, be adopted? Measure GG – Ordinance to Adopt a Special Tax on Natural Gas Consumption in Buildings 15,000 Sq. Ft. or Larger
Majority Vote Required
Shall the measure adopting a tax of $2.9647/therm of natural gas consumed annually in buildings of 15,000 square feet or larger except government buildings, single-family residences, and residential buildings with at least 50% affordable units, adjusted annually for inflation plus 6%; allocating revenues to building decarbonization programs, and administration; and establishing an oversight committee, generating an estimated $26.7 million the first year and more thereafter until its expiration in December 31, 2050, be adopted?
Measure HH – Ordinance Requiring the Adoption of Minimum Indoor Air Quality Standards in City-Owned and City-Leased Buildings
Majority Vote Required
Shall the measure setting new indoor air quality standards for City-owned and -leased buildings; prohibiting compliance with those standards through the use of air filtration or disinfection technologies emitting ozone, volatile organic compounds, oxidation byproducts, excessive sound, or ultraviolet light; requiring repair, closure, evacuation, and/or provision of alternative services to the public due to building closure when standards are not met; and creating a private right to sue over alleged violations, be adopted?

Attachment 1

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the following named were candidates for Mayor for term ending November 30, 2028 and received the following first choice votes as set forth after their names, to wit:

MAYOR
(First Choice Votes)
Adena Ishii 19,978
Sophie Hahn 19,633
Kate Harrison 11,853
Logan Bowie 528
Naomi D. Pete 501
BE IT FURTHER RESOLVED that the following candidate received a majority of votes in the ranked-choice voting system for the office for which they were a candidate and are hereby declared to be elected for the term ending November 30, 2028:

MAYOR
Adena Ishii
BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the following named were candidates for Councilmember for District 2, for the terms ending November 30, 2028, and received the votes as set forth after their names, to wit:

CITY COUNCIL DISTRICT 2
(First Choice Votes)
Terry Taplin 4,787
Jenny Guarino 2,086
BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the following named were candidates for Councilmember for District 3 for the terms ending November 30, 2028, and received the votes as set forth after their names, to wit:

CITY COUNCIL DISTRICT 3
(First Choice Votes)
Ben Bartlett 3,359
Deborah Matthews 1,526
John “Chip” Moore 1,459

Attachment 1
BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the following named were candidates for Councilmember for District 5 for the terms ending November 30, 2028, and received the votes as set forth after their names, to wit:

CITY COUNCIL DISTRICT 5
(First Choice Votes)
Shoshana O’Keefe 5,801
Todd Andrew 1,721
Nilang Gor 1,063
BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the following named were candidates for Councilmember for District 6 for the terms ending November 30, 2028, and received the votes as set forth after their names, to wit:

CITY COUNCIL DISTRICT 6
(First Choice Votes)
Brent Blackaby 4,405
Andy Katz 2,927
BE IT FURTHER RESOLVED that the following named were candidates for Rent Stabilization Board Commissioner for four terms ending November 30, 2028, and received the votes, as set forth after their names, to wit:

RENT STABILIZATION BOARD

COMMISSIONER
(Top Four Elected)
Xavier Johnson 26,978
Dominique Walker 25,594
Andy Kelley 23,373
Alfred Twu 22,942
Avery Arbaugh 19,825
Carole Marasovic 19,557
BE IT FURTHER RESOLVED that the following named were candidates for School Director for the terms ending November 30, 2028, and received the votes, including youth vote by mail votes, as set forth after their names, to wit:

SCHOOL DIRECTOR
(Top Two Elected)
Jen Corn 30,836
Ana Vasudeo 25,743
Laura Babitt 22,061
Norma J F Harrison 3,121
Abdur Sikder 3,043

Attachment 1
BE IT FURTHER RESOLVED that the total number of votes cast on ballot measures was as follows:

YES 31,461Measure W – Real Property Transfer
Tax Amendments
Majority Vote Required
NO 20,169
YES 41,819Measure X – Library Relief Act of
2024
Two-thirds Vote Required
NO 11,423
YES 39,508Measure Y – Parks, Trees, and
Landscaping Maintenance Tax
Amendments
Two-thirds Vote Required
NO 13,028
YES 42,280Measure Z – Sugar-Sweetened
Beverage Tax Amendments
Majority Vote Required
NO 10,649
YES 46,394Measure AA – Article XIIIB GANN
Appropriations Limit Authority
Majority Vote Required
NO 5,888
YES 29,623Measure BB – Rent Stabilization
Ordinance Amendments and Housing
Retention
Majority Vote Required
NO 23,259
NO 33,563Measure CC – Establish Direct Rental
Payments and Amendments to the
Rent Stabilization Ordinance
Majority Vote Required
YES 18,070

Attachment 1
YES 30,761Measure DD – Prohibition on
Concentrated Animal Feeding
Operations
Majority Vote Required
NO 18,939
NO 28,439Measure EE – Ordinance Creating a
Parcel Tax for the Purpose of
Funding Repairs and Improvements
to Streets, Sidewalks and Pedestrian
Paths
Majority Vote Required
YES 23,873
YES 31,942Measure FF – Ordinance to Establish
a Parcel Tax for the Purpose of
Funding Repairs and Improvements
to Streets, Sidewalks, and Pedestrian
Paths
Majority Vote Required
NO 20,547
NO 36,051Measure GG – Ordinance to Adopt a
Special Tax on Natural Gas
Consumption in Buildings 15,000 Sq.

Ft. or Larger
Majority Vote Required
YES 16,178
NO 28,903Measure HH – Ordinance Requiring
the Adoption of Minimum Indoor Air
Quality Standards in City-Owned and
City-Leased Buildings
Majority Vote Required
YES 22,205
BE IT FURTHER RESOLVED that the following candidate received a majority of votes for the office for which they were a candidate and are hereby declared to be elected for the term ending November 30, 2028:

CITY MAYOR
Adena Ishii

CITY COUNCIL
Councilmember District 2 Terry Taplin
Councilmember District 3 Ben Bartlett
Councilmember District 5 Shoshana O’Keefe
Councilmember District 6 Brent Blackaby

Attachment 1
BE IT FURTHER RESOLVED that the following candidates received a plurality of the votes cast for the offices for which they were a candidate and are hereby declared to be elected for terms ending November 30, 2028:

RENT STABILIZATION BOARD

COMMISSIONER

SCHOOL BOARD

DIRECTOR
Xavier Johnson Jen Corn
Dominique Walker Ana Vasudeo
Andy Kelley
Alfred Twu
BE IT FURTHER RESOLVED that the following measures are declared to have passed or to have been defeated as shown below:
a) Measure W received a majority of the votes cast at said election for said Measure, and is hereby declared to have passed.
b) Measure X received a two-thirds majority of the votes cast at said election for said Measure, and is hereby declared to have passed.
c) Measure Y received a two-thirds majority of the votes cast at said election for said Measure, and is hereby declared to have passed.
d) Measure Z received a majority of the votes cast at said election for said Measure, and is hereby declared to have passed.
e) Measure AA received a majority of the votes cast at said election for said Measure, and is hereby declared to have passed.
f) Measure BB received a majority of the votes cast at said election for said Measure, and is hereby declared to have passed.
g) Measure CC did not receive a majority of the votes cast at said election for the Measure, and is hereby declared to have failed.
h) Measure DD received a majority of the votes cast at said election for said Measure, and is hereby declared to have passed.
i) Measure EE did not receive a majority of the votes cast at said election for the Measure, and is hereby declared to have failed.
j) Measure FF received a majority of the votes cast at said election for said Measure, and is hereby declared to have passed.

Attachment 1
k) Measure GG did not receive a majority of the votes cast at said election for the Measure, and is hereby declared to have failed.
l) Measure HH did not receive a majority of the votes cast at said election for the Measure, and is hereby declared to have failed.

BE IT FURTHER RESOLVED that attached hereto is the Certification of the City Clerk (Exhibit A) including the Ranked-Choice Voting Accumulated Results Chart and the Certificate of the Election by the Registrar of Voters and a complete Statement of the Results showing the number of votes cast at each precinct for each candidate and for and against each measure.

Exhibit A: City Clerk Certification of the Election

Attachment 1, Exhibit APage 13 of 259

The Ranked-Choice Voting Report for Round 1 combines the accumulated totals of first-choice rankings as well as the second- or third-choice selections transferred to the first-choice ranking selections when the first-choice ranking was skipped by the voter.

Due to the transfer of these second- or third-choice selections in the RCV Report, the totals in the RCV Report may not match the totals in the Statement of Votes Cast.

ORDINANCE NO. #,###-N.S.

AUTHORIZING AND ADOPTING AMENDMENTS TO THE REAL PROPERTY

TRANSFER TAX
BE IT ORDAINED by the people of the City of Berkeley as follows:

Section 1. Code Amendment. Chapter 7.52 of the Berkeley Municipal Code is hereby amended as follows (additions denoted by underlined text and deletions denoted by strike through):

Chapter 7.52

REAL PROPERTY TRANSFER TAX
Sections:

7.52.010 Title.

7.52.020 Purpose.

7.52.030 Definitions.

7.52.040 Imposed.

7.52.045 Unrecorded contracts for sale not taxable transfers.

7.52.050 Applicability.

7.52.060 Exceptions.

7.52.070 Due date and penalty for delinquency.

7.52.080 Declaration may be required.

7.52.090 Determination of deficiency.

7.52.100 Notice of determination.

7.52.110 Notice serving.

7.52.120 Petition for redetermination.

7.52.130 Consideration of petition.

7.52.140 Determination of petition.

7.52.150 Finality of determination.

7.52.170 Tax a debt to City.

7.52.180 Administration.

7.52.190 Homeless services panel of experts.

7.52.200 Increase appropriations limit.

Attachment 2

7.52.010 Title.

The ordinance codified in this chapter may be cited as the "real property transfer tax ordinance of the City of Berkeley."

7.52.020 Purpose.

The tax imposed under this chapter is solely for the purpose of raising income and revenue which is necessary to pay the usual and current expenses of conducting the municipal government of the City.

7.52.030 Definitions.

As used in this chapter:

A.  "Real property" and "realty" mean real property as defined by and under the laws of the state.

B.  "Value of consideration" means the total consideration, valued in money of the United States, paid or delivered, or contracted to be paid or delivered in return for the transfer of real property, including the amount of any indebtedness existing immediately prior to the transfer which is secured by a lien, deed of trust, or other encumbrance on the property conveyed and which continues to be secured by such lien, deed of trust or encumbrance after said transfer, and also including the amount of any indebtedness which is secured by a lien, deed of trust or encumbrance given or placed upon the property in connection with the transfer to secure the payment of the purchase price or any part thereof which remains unpaid at the time of transfer. Value of the consideration also includes the amount of any special assessment levied or imposed upon the property by a public body, district or agency, where said special assessment is a lien or encumbrance on the property and the purchaser or transferee agrees to pay such special assessment or takes the property subject to the lien of such special assessment. The value of any lien or encumbrance of a type other than those which are hereinabove specifically included, existing immediately prior to the transfer and remaining after said transfer, shall not be included in determining the value of the consideration. If the value of the consideration cannot be definitely determined, or is left open to be fixed by future contingencies, value of consideration shall be deemed to

mean the fair market value of the property at the time of transfer, after deducting the amount of any lien or encumbrance, if any, of a type which would be excluded in determining the value of the consideration pursuant to the above provisions of this section.

7.52.040 Imposed.

A.  There is hereby imposed on all transfers of lands, tenements, or other interests in real property located in the City of Berkeley a real property transfer tax at the rates set forth below. of one and one-half percent of the value of consideration, for transfers with a value at or below the threshold established in paragraph (C). Except as set forth in Section 7.52.060, this tax applies regardless of the method by which the transfer is accomplished or the relationship of the parties to the transfer. For purposes of this paragraph, the tax reduction available under Section 7.52.060.K shall be limited to the rebate that would be available based on the tax rate imposed pursuant to Paragraph A(1) of this section.

1. For properties where the value of consideration is below the first threshold, as established in Paragraph B of this section, the rate shall be one and one-half percent of the value of consideration;

2. For properties where the value of consideration is equal to or higher than the first threshold, as established in Paragraph B of this section, but below the second threshold, as established in Paragraph C of this section, the rate shall be two-and-one-half percent of the value of consideration;

3. For properties where the value of consideration is equal to or higher than the second threshold, as established in Paragraph C of this section, but below than the third threshold, as established in Paragraph D of this section, the rate shall be three percent of the value of consideration;

4. For properties where the value of consideration is equal to or greater than the third threshold, as established in Paragraph D of this section, the rate shall be three-and-one-half percent the value of consideration.

B.  There is hereby imposed on all transfers of lands, tenements, or other interests in real property located in the City of Berkeley a real property transfer tax at the rate of two-and-one-half percent of the value of consideration, for transfers with a value above

the threshold established in paragraph (C). Except as set forth in Section 7.52.060, this tax applies regardless of the method by which the transfer is accomplished or the relationship of the parties to the transfer. For purposes of this paragraph, the tax reduction available under Section 7.52.060.K shall be limited to the rebate that would be available based on the tax rate imposed pursuant to Paragraph A.

B. C. For purposes of the real property transfer tax imposed by this Section, the threshold is $1,5600,000, adjusted annually by the City of Berkeley on January 1 of every subsequent year to a number equal to the value of consideration for the transaction at the 607th percentile of transactions during the 12 months preceding September 1 of the preceding year, as recorded by the Alameda County Assessor, rounded to the nearest $100,000 increment; provided, that in no case shall any adjustment lower the threshold below $1,5600,000.

C. For purposes of the real property transfer tax imposed by this Section, the second threshold is $1,900,000 adjusted annually by the City of Berkeley on January 1 of every subsequent year to a number equal to the value of consideration for the transaction at the 80th percentile of transactions during the 12 months preceding September 1 of the preceding year, as recorded by the Alameda County Assessor, rounded to the nearest $100,000 increment; provided, that in no case shall any adjustment lower the threshold below $1,900,000.

D. For purposes of the real property transfer tax imposed by this Section, the third threshold is $3,000,000 adjusted annually by the City of Berkeley on January 1 of every subsequent year to a number equal to the value of consideration for the transaction at 95th percentile of transactions during the 12 months preceding September 1 of the preceding year, as recorded by the Alameda County Assessor, rounded to the nearest $100,000 increment; provided, that in no case shall any adjustment lower the threshold below $3,000,000.

D.  The two-and-one-half percent rate imposed in Paragraph B of this Section shall expire on January 1, 2029, unless reauthorized by the voters prior to such date.

7.52.045 Unrecorded contracts for sale not taxable transfers.

Contracts for the sale of real property which do not require immediate conveyance of legal title to the buyer, and installment sales contracts do not constitute taxable transfers under this chapter unless and until they are recorded.

7.52.050 Applicability.

Any person who makes a transfer which is subject to the tax imposed under Section

17.52.040 of this chapter, and any persons to whom such transfer is made, shall be jointly and severally liable for payment of the tax imposed under said Section 17.52.040.

7.52.060 Exceptions.

A.  Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt.

B.  Any deed, instrument or writing to which the United States, or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this chapter when the exempt agency is acquiring title.

C.  Any tax imposed pursuant to this chapter shall not apply to the making, delivery, or filing of conveyances to make effective any plan of reorganization or adjustment:

1.  Confirmed under the Federal Bankruptcy Act, as amended;

2.  Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision (m) of Section 205 of Title 11 of the United States Code, as amended;

3.  Approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision (3) of Section 506 of Title 11 of the United States Code, as amended; or

4.  Whereby a mere change in identity, form or place of organization is effected.

Subdivisions 1 to 4, inclusive, of this section shall only apply if the making, delivering or filing of instruments of transfer of conveyance occurs within five years from the date of such confirmation, approval or change.

D.  Any tax imposed pursuant to this chapter shall not apply to the making or delivering of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if:

1.  The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;

2.  Such order specifies the property which is ordered to be conveyed;

3.  Such conveyance is made in obedience to such order.

E.

1.  In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if:
(a)  Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and
(b)  Such continuing partnership continues to hold the realty concerned.

2.  If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by such partnership at the time of such termination.

3.  Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subdivision 2, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.

F.

1.  Any tax imposed pursuant to this chapter shall not apply to any transfer of property from one spouse or domestic partner to the other in order to create a joint tenancy or tenancy in common of their common residence.

2.  Any tax imposed pursuant to this chapter shall not apply to any transfer of property from one spouse to the other in accordance with the terms of a decree of dissolution or in fulfillment of a property settlement incident thereto; provided, however, that such property was acquired by the husband and wife or husband or wife prior to the final decree of dissolution. Any tax imposed pursuant to this chapter also shall not apply to any transfer from one domestic partner, as that term is used in the City of Berkeley’s policy establishing domestic partnership registration, to another, where (1) prior to such transfer an affidavit of domestic partnership has been filed with the City Clerk pursuant to Section IV of the City of Berkeley’s policy establishing domestic partnership registration; (2) subsequent to the filing of such affidavit of domestic partnership, either or both domestic partner(s) files a statement of termination with the City Clerk pursuant to Section V of the domestic partnership policy; (3) such transfer of real property is made pursuant to a written agreement between the domestic partners upon the termination of their domestic partnership; and (4) the real property was acquired by either or both domestic partner(s) prior to the filing of the statement of termination.

G.  Any tax imposed pursuant to this chapter shall not apply to transfers, conveyance, lease or sub-lease without consideration which confirm or correct a deed previously recorded or filed.

H.  Any tax imposed pursuant to this chapter shall not apply to transfers recorded prior to the effective date of the ordinance codified in this chapter.

I.  The tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.

J.  Reserved.

K.

1.  Up to one-third of the tax imposed by this chapter shall be reduced, on a dollar for dollar basis, for all expenses incurred on or after October 17, 1989 to "seismically retrofit" either any structure which is used exclusively for residential purposes, or any mixed use structure which contains two or more dwelling units.

2.  The term "seismically retrofit" within the meaning of this chapter means any of the following:
(a)  That work which is needed and directly related to make the structure capable of withstanding lateral loads equivalent to the force levels defined by Chapter 23 of the 1976 Uniform Building Code;
(b)  Replacement or repair of foundations; replacement or repair of rotted mud sills; bracing of basement or pony walls; bolting of mud sills to standard foundations; installation of shear walls; anchoring of water heaters; and/or securing of chimneys, stacks or water heaters;
(c)  Corrective work on buildings which fit the criteria in subsection K.1, which are listed on the City of Berkeley inventory of potentially hazardous, unreinforced masonry buildings when such work is necessary to meet City standards or requirements applicable to such buildings; (d)  Any other work found by the building official to substantially increase the capability of those structures, specified in subsection K.1, to withstand destruction or damage in the event of an earthquake.

3.  The work to seismically retrofit structures as provided herein shall be completed either prior to the transfer of property or as provided in subsection K.4.

4.  If the work to seismically retrofit the structures provided for herein is to be performed after the transfer of property which is subject to the tax imposed by this chapter, upon completion of such work and certification by the building official as to the amount of the expenses of such work the City Manager or their designee may refund such expenses not to exceed one-third of the tax imposed to the parties to the sale in accordance with the terms of such sale. Any remaining tax shall be retained by the City.

5.  From the date of the recordation of the transfer document, the applicant shall have one year to complete all seismic retrofit work and submit a seismic retrofit verification application to the codes and inspection division of the City of Berkeley. If the work is not completed at the end of one year, that portion which has been completed may be credited to the applicant upon submission of a seismic retrofit verification application and substantiating documentation, as required by the codes and inspections division of the City of Berkeley, showing the dollar amount of work completed up to that date. All other monies remaining in escrow will be returned to the City of Berkeley upon written request by the Finance Department.

6.  Within the one-year period established by paragraph 5, an applicant may request, and the City Manager may approve, an extension of up to one year. The City Manager or their designee may grant such an extension only for good cause.

The decision of the City Manager or their designee shall be entirely within their discretion and shall be final.
(a)  "Good cause" includes (i) the inability of the applicant, after a prompt and diligent search to find and retain the services of an architect, engineer, contractor or other service provider whose services are necessary for the seismic retrofit work; (ii) unforeseen and unforeseeable circumstances such as a significant change in the scope of the seismic retrofit work due to circumstances in the field which could not reasonably have been known earlier; and (iii) serious illness or other extraordinary and unforeseeable circumstances that prevented the timely commencement or completion of the seismic retrofit work.
(b)  "Good cause" does not include (i) ignorance of the applicable City ordinances or regulations concerning the seismic retrofit rebate provided in this chapter or state or local laws relating to the standards with which seismic retrofit work must comply; or (ii) any delays which were within the control or responsibility of the applicant.

7.52.070 Due date and penalty for delinquency.

The tax imposed under this chapter is due and payable at the time the deed, instrument, or writing effecting a transfer subject to the tax is delivered, and is delinquent if unpaid at the time of recordation thereof. In the event that the tax is not paid prior to becoming

delinquent, a delinquency penalty of ten percent of the amount of tax due shall accrue.

In the event a portion of the tax is unpaid prior to becoming delinquent, the penalty shall only accrue as to the portion remaining unpaid. An additional penalty of ten percent shall accrue if the tax remains unpaid on the ninetieth day following the date of the original delinquency. Interest shall accrue at the rate of one-half of one percent a month, or fraction thereof, on the amount of tax, exclusive of penalties, from the date the tax becomes delinquent to the date of payment. Interest and penalty accrued shall become part of the tax.

7.52.080 Declaration may be required.

The tax imposed by this chapter shall be paid to the director by the persons referred to in Section 17.52.050. The director shall have the authority as part of any rules and regulations promulgated by them as provided for herein to require that the payment shall be accompanied by a declaration of the amount of tax due signed by the person paying the tax or by their agent. The declaration shall include a statement that the value of the consideration on which the tax due was computed includes all indebtedness secured by liens, deeds of trust, or other encumbrances remaining or placed on the property transferred at the time of transfer, and also includes all special assessments on the property which the purchaser or the transferee agrees to pay or which remains a lien on the property at the time of transfer. The declaration shall identify the deed, instrument or writing effecting the transfer for which the tax is being paid. The director may require delivery to them of a copy of such deed, instrument or writing whenever they deem such to be reasonably necessary to adequately identify such writing or to administer the provisions of this chapter. The director may rely on the declaration as to the amount of the tax due provided they have no reason to believe that the full amount of the tax due is not shown on the declaration.

Whenever the director has reason to believe that the full amount of tax due is not shown on the declaration or has not been paid, they may, by notice served upon any person liable for the tax, require the person to furnish a true copy of their records relevant to the value of the consideration or fair market value of the property transferred. Such notice may be served at any time within three years after recordation of the deed, instrument or writing which transfers such property.

7.52.090 Determination of deficiency.

If on the basis of such information as the director receives pursuant to the last paragraph of Section 17.52.080, and/or on the basis of such other relevant information that comes into their possession, they determine that the amount of tax due as set forth in the declaration, or as paid, is insufficient, they may recompute the tax due on the basis of such information.

If the declaration required by Section 17.52.080, is not submitted, the director may make an estimate of the value of the consideration for the property conveyed and determine the amount of tax to be paid on the basis of any information in their possession or that may come into their possession.

One or more deficiency determinations may be made of the amount due with respect to any transfer.

7.52.100 Notice of determination.

The director shall give written notice to a person liable for payment of the tax imposed under this chapter of their determination made under Section 17.52.090. Such notice shall be given within three years after the recordation of the deed, instrument, or writing effecting the transfer on which the tax deficiency determination was made.

7.52.110 Notice serving.

Any notice required to be given by the director under this chapter may be served personally or by mail; if by mail, service shall be made by depositing the notice in the United States mail, in a sealed envelope with postage paid, addressed to the person on whom it is to be served at their address as it appears in the records of the City or as ascertained by the director. The service is complete at the time of the deposit of the notice in the United States mail, without extension of time for any reason.

7.52.120 Petition for redetermination.

Any person against whom a determination is made under this chapter or any person directly interested may petition the director for a redetermination within sixty days after

service upon the person of notice thereof. If a petition for redetermination is not filed in writing with the Director, City Hall, Berkeley, California 94704, within the sixty-day period, the determination becomes final at the expiration of the period.

7.52.130 Consideration of petition.

If a petition for redetermination is filed within the sixty-day period, the director shall reconsider the determination and, if the person has so requested in their petition, shall grant the person an oral hearing, and shall give the person ten days’ notice of the time and place of hearing. The director may designate one or more deputies for the purpose of conducting hearings and may continue a hearing from time to time as may be necessary.

7.52.140 Determination of petition.

The director may decrease or increase the amount of the determination before it becomes final, but the amount may be increased only if a claim for the increase is asserted by the director at or before the hearing.

7.52.150 Finality of determination.

The order or decision of the director upon a petition for redetermination becomes final thirty days after service upon the petitioner of notice thereof.

7.52.170 Tax a debt to City.

The amount of any tax, penalty, and interest imposed under the provisions of this chapter shall be deemed a debt to the City. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount.

7.52.180 Administration.

The Director of Finance of the City (in this chapter referred to as the director) shall collect the tax imposed under this chapter and shall otherwise administer this chapter.

They may make such rules and regulations, not inconsistent with this chapter, as they may deem reasonably necessary or desirable to administer this chapter, as well as necessary forms and receipts.

7.52.190 Homeless services panel of experts.

A.  There shall be established the Homeless Services Panel of Experts to make recommendations on how and to what extent the City should establish and/or fund programs to end or prevent homelessness in Berkeley and provide humane services and support.

B.  An officer or employee of the City designated by the City Manager shall serve as secretary of the Panel.

C.  In accordance with Chapter 2.04, the Panel shall be composed of nine members appointed by the City Council.

D.  Terms shall expire and vacancies shall be filled in accordance with the provisions of Section 2.04.030 through 2.04.145 of this Code.

E.  Each member of the Panel must:

1.  Have experience in the development, administration, provision and/or evaluation of homeless programs in a government or non-profit capacity; or

2.  Have current or past lived experience with homelessness; or

3.  Have experience in researching the causes, impacts and solutions to homelessness; or

4.  Have experience with state and/or local homeless policy, funding or programs; or

5.  Have experience with federal homeless policy and funding administration such as the Continuum of Care Program; or

6.  Have experience in the development and financing of affordable housing for formerly homeless persons; or

7.  Have experience in the provision of mental health and/or substance use programs for homeless persons.

F.  In accordance with Section 3.02.040, members of the Panel may be reappointed but shall not serve more than eight consecutive years.

1.  For purposes of determining term limits under Section 3.02.040, a commissioner’s service on the Homeless Commission shall be counted toward their service upon their appointment to the Homeless Services Panel of Experts.

G.  The Panel shall, by majority vote, do each of the following:

1.  Annually appoint one of its members as chair and one of its members as vice- chair;

2.  Approve bylaws to facilitate the proper functioning of the Panel;

3.  Establish a regular time and place of 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. Minutes for each meeting shall be recorded, kept, and maintained; and

4.  Publish an annual report that includes the following:
(a)  Recommendations on how to allocate the City’s general funds to fund homeless services programs in Berkeley;
(b)  Information, if available, concerning the impact of funded programs on the residents of the City; and
(c)  Any additional information that the Panel deems appropriate.

H.  Within 15 days of receipt of the publication of the Panel’s annual report, the City Manager shall cause the report to be published on the City’s Internet website and to be transmitted to the City Council.

I.  The revenue raised by the tax imposed by Section 7.52.040 is available to pay the usual and current expenses of conducting the municipal government of the City, as determined by the City Council. The City Council shall consider, but need not follow, the

Panel’s recommendations on how and to what extent to use this revenue to establish and/or fund programs to pay for homeless services and shall annually inform the Panel as to the extent to which it has implemented the Panel’s recommendations.

J.  The Homeless Services Panel of Experts shall also perform the following functions:

1.  Continue the ongoing function previously performed by the Homeless Commission of monitoring and assisting in the City’s progress in implementing needed homeless services and facilities;

2.  Invite service providers and other interested members of the community to attend its meetings;

3.  Report its recommendations concerning homeless services and facilities to the City Council;

4.  Perform the federally mandated role of advising Council in the development and implementation of the Continuum of Care Plan;

5.  Continue making annual funding recommendations to Council regarding the disbursement of Measure O and other related funds; and

6.  Operate for an indefinite period of time.

7.52.200 Increase appropriations limit.

Pursuant to California Constitution Article XIIIB, the appropriation limit for the City is increased by the aggregate sum authorized to be levied by this general tax for each of the four fiscal years from 2026 (July 1, 2025 – June 30, 2026) through 2029 (July 1, 2028 – June 30, 2029).

Section 2. Amendment, repeal, and reenactment. The City Council may repeal this ordinance, or amend it in any manner that does not result in an increase in the tax imposed herein, or add or modify exemptions, without further voter approval. If the City Council repeals this ordinance, it may subsequently reenact it without voter approval, as long as the reenacted ordinance does not result in an increase in the tax imposed herein.

Section 3. California Environmental Quality Act Requirements. This Ordinance is

exempt from the California Environmental Quality Act, Public Resources Code section 21000 et seq., under, including without limitation, Public Resources Code section 21065 and CEQA Guidelines sections 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code section 21080, subdivision (b)(8), and CEQA Guidelines section 15273 as the approval of government revenues to fund existing services.

Section 4. General Tax; Simple Majority Vote Requirement. This Ordinance imposes a general tax and shall be effective if approved by a simple majority of the voters voting thereon.

Section 5. Effective Date. This ordinance shall become effective on January 1, 2027.

ORDINANCE NO. #,###-N.S.

AUTHORIZING AND ADOPTING A SPECIAL TAX TO FUND LIBRARY OPERATIONS

AND SERVICES
BE IT ORDAINED by the people of the City of Berkeley as follows:

Section 1. Findings and declarations.

The People of the City of Berkeley find and declare as follows:

A. The Berkeley Public Library is anticipating a structural deficit in the near future.

B. The Library will need to employ cost-saving measures in order to remain financially solvent if additional revenue is not identified.

C. These cost-saving measures could impact current hours, staffing levels, and the ability to complete identified deferred maintenance and capital improvement projects.

D. The Library has developed a robust new 2024-2028 strategic plan in partnership with community stakeholders that identifies relevant and significant service directions in support of community that also require investment of resources.

E. Thousands of children participate in the Berkeley Public Library's reading and educational programs each year.

F. Three current library facilities are over 75 years old, and their computer networks and technologies are seriously in need of updates.

G. Public libraries are one of the few important community gathering spaces left that benefit children, teens, families, seniors, the disabled, and low-income residents.

H. The library provides books, computer access, classes and services for those that cannot afford to buy them.

I. Community libraries provide a place for youth to do their homework and participate in after-school programs.

J. Library programs for children and teens, including homework help and reading resources, are critical to providing our students with the resources they need.

K. The Berkeley Public Library ensures that all residents have free and equal access to a wide range of information.

L. Libraries play a critical role in Berkeley, which is one of the highest circulating systems in California.

Attachment 3

M. The Berkeley Public Library helps support the economic vitality of the community by helping residents of all ages and backgrounds prepare for jobs, use computers, and succeed in school.

N. The Board of Library Trustees is responsible for developing budgetary priorities and recommends an annual budget for the operation and maintenance of the Library.

O. The Board of Library Trustees recommended to refer to Council a request for inclusion of a ballot measure calling for limited increase in Library tax on the November 2024 ballot
Section 2. Code Amendment. A new Chapter 7.57 is hereby added to the Berkeley Municipal Code to read as follows:

Chapter 7.57
LIBRARY RELIEF ACT OF 2024
Sections:

7.57.010 Imposition of special tax for library operations and services.

7.57.020 Definitions.

7.57.030 Tax authorized – Tax rate – Adjustments for inflation.

7.57.040 Exemptions.

7.57.050 Term of tax.

7.57.060 Spending Priorities

7.57.070 Duties and authority of the City Manager.

7.57.080 Collection with property tax – Interest and penalties.

7.57.090 Refunds.

7.57.100 Collection of unpaid taxes.

7.57.110 Savings clause.

7.57.120 Violation – Penalty.

7.57.130 Increase appropriations limit.

7.57.010 Imposition of special tax for library operations and services.

A. This chapter may be cited as the "Library Relief Act of 2024." The tax imposed under this chapter is solely for the purpose of funding library operations and services, including but not limited to building maintenance, collections and staffing.

B. The City Council may impose the tax authorized by this Chapter at the rate and subject to the inflation adjustments set forth in Section 7.57.030.

C. This special tax is imposed under Section 4 of Article XIIIA of the California Constitution and the City’s constitutional authority as a charter city under Article XI, Section 5 of the California Constitution.

D. The proceeds of the tax imposed by this chapter shall be placed in the library fund established by Section 3.04.070 of the Berkeley Municipal Code or in another special fund to be used only for the purposes of funding library operations and services.

7.57.020 Definitions.

For purposes of this chapter only, the following terms shall be defined as set forth below:

A.  "Building" shall mean any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, chattel or property of any kind.

The word "building" includes the word "structure."
B.  "Dwelling" shall mean a building or portion of a building designed for human occupancy.

C.  "Dwelling unit" shall mean a building or portion of a building designed for or occupied exclusively by one family.

D.  "Family" shall mean one or more persons related by blood, marriage or adoption, and, in addition, any domestic servants or gratuitous guests thereof who are living together in a single dwelling unit and maintaining a common household. Family shall also mean all unrelated persons who live together in a single dwelling unit and maintain a common household.

E.  "Improvements" shall mean all buildings or structures erected or affixed to the land.

F.  "Square footage" shall mean the total gross horizontal areas of all floors, including usable basement and cellars, below the roof and within the outer surface of the main walls of buildings (or the center lines of party walls separating such buildings or portions thereof) or within lines drawn parallel to and two feet within the roof line of any building or portion thereof without walls (which includes, notwithstanding paragraph 3 below, the

square footage of all porches), and including pedestrian access walkways or corridors, but excluding the following:

1.  Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto.

2.  Areas which are outdoor or semi-outdoor areas included as part of the building to provide a pleasant and healthful environment for the occupants thereof and the neighborhood in which the building is located. This exempted area is limited to stoops, balconies and to natural ground areas, terraces, pools and patios which are landscaped and developed for active or passive recreational use, and which are accessible for use by occupants of the building.

3.  Arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display, storage, service or production areas.

G.  "Structure" shall mean anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

H.  "Parcel" shall mean a unit of real estate in one ownership as shown on the most current official assessment role of the Alameda County Assessor.

7.57.030 Tax authorized – Tax rate – Adjustments for inflation.

A. There is hereby imposed a tax on the square footage of all improvements in the City of Berkeley, except where the improvements are otherwise exempt from taxation by this chapter.

B. The rate of tax for the fiscal year 2025-26 shall be as follows:

1.  For all dwelling units, the tax shall be imposed at the rate of $0.06 per square foot of improvements.

2.  For all other property, the tax shall be imposed at the rate of $0.09 per square foot of improvements.

C. The City Council may increase the previous year’s tax by up to the greater of the cost of living in the immediate San Francisco Bay Area, or per capita personal income

growth in the State of California, as verified by the United States Bureau of Labor Statistics. If either index referred to above is discontinued, the City shall use any successor index specified by the applicable agency, or if there is none, the most similar index then in existence.

7.57.040 Exemptions.

A. The tax imposed by this Chapter shall not apply to parcels and improvements exempt from taxation by the City pursuant to the laws or constitutions of the United States or the State of California.

B. The tax imposed by this chapter shall not apply to any property owned by any person whose total personal income, from all sources, for the previous calendar year, does not exceed that level which shall constitute "very low-income," as may be established by resolution of the City Council. Any taxpayer claiming the exemption under this section shall be required to demonstrate his or her entitlement thereto annually by submitting an application and supporting documentation to the City Manager or the City Manager’s designee in the manner and at the time established in regulations and/or guidelines hereafter promulgated by the City Manager subject to review by the City Council in its discretion. Such applications shall be on forms provided by the City Manager, or the City Manager’s designee, and shall provide and/or be accompanied by such information as the City Manager shall require, including but not limited to, federal income tax returns and W-2 forms.

C. Any person or entity claiming an exemption from the tax imposed by this Chapter shall file a verified statement of exemption on a form prescribed by the City Manager prior to June 30th of the first fiscal year for which the exemption is sought.

7.57.050 Term of tax.

The tax imposed by this chapter shall be operative from July 1, 2025 until ended by voters.

7.57.060 Spending Priorities.

The following list of spending priorities shall be considered by the City when spending the proceeds of the tax imposed by this chapter. Nothing in this section shall be construed to limit the scope of permissible uses of the proceeds of this tax set forth in Section 7.57.010:

A. Keep neighborhood libraries well-staffed and in good repair B. Maintain weekend and evening hours
C. Increase afterschool reading programs, homework help and tutoring for children and teenagers
D. Maintain high-quality children's story times and programming at all five libraries E. Provide literacy services for all ages
F. Provide supportive places, resources and activities for children and teens G. Provide more copies of up-to-date books, e-books and other materials H. Maintain library facilities
I. Expand summer learning programs
J. Maintain the tool library for home repair, bike and culinary tools K. Improve accessibility for wheelchair and low mobility users in all library locations L. Improve library programs for seniors
M. Install or upgrade air conditioning and install solar panels at the Central Library and neighborhood libraries to respond to climate crisis challenges N. Improve the usability of the library's website and optimize it for cell phone use and those with disabilities
O. Expand multilingual collections and bilingual programming for all ages P. Upgrade all libraries for fast wifi service
Q. Expand programs for job seekers
R. Ensure free access to the top newspapers and magazines from all over the world S. Ensure the library collections reflect the community's diversity, equity and inclusion goals
T. Fund social worker services in more than one location U. Revitalize the art and music floor at the Central Library V. Decrease wait times on new and popular digital titles

W. Expand the 'library of things' for check out with items like camping equipment, boardgames and audiovisual equipment
X. Remodel spaces for additional quiet study and music practice rooms Y. Provide separate space for quiet adult and older adult reading

7.57.070 Duties and authority of the City Manager.

It shall be the duty of the City Manager or the City Manager’s designee to collect and receive all taxes imposed by this chapter, and to keep an accurate record thereof.

The City Manager or the City Manager’s Designee is hereby charged with the enforcement of this chapter, except as otherwise provided herein, and may prescribe, adopt and enforce rules and regulations relating to the administration and enforcement of this chapter, including provisions for the re-examination and correction of returns and payments. The Director of Finance may prescribe the extent to which any ruling or regulation shall be applied without retroactive effect.

Upon disallowing any claim submitted pursuant to Section 7.57.080, the City Manager or the City Manager’s designee shall mail written notice thereof to the claimant at the claimant’s last known address.

7.57.080 Collection with property tax - Interest and penalties.

The City Council is authorized to have the taxes imposed by this chapter collected by the County of Alameda in conjunction with the county’s collection of property tax revenues for the City of Berkeley. In the event that the County of Alameda collects the taxes imposed by this chapter, the imposition of penalties, additional fees and interest upon persons who fail to remit any tax imposed by this chapter, or who fail to remit any delinquent remittance under this chapter, shall be subject to and governed by the rules, regulations and procedures utilized by the County of Alameda in its collection of property taxes for the City of Berkeley, and in its collection of this additional tax for the City of Berkeley.

Every penalty imposed and such interest as accrues under the provisions of this chapter shall become a part of the tax herein required to be paid.

7.57.090 Refunds.

Whenever the amount of any tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in Chapter 7.20 of the Berkeley Municipal Code or any such successor chapter.

7.57.100 Collection of unpaid taxes.

The amount of any tax, penalty, and interest imposed under the provisions of this chapter shall be deemed a debt to the City. Any person owing money under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount. The City shall be entitled to reasonable attorneys’ fees and its costs of suit in any such action.

7.57.110 Savings clause.

The provisions of this chapter shall not apply to any person, association, corporation or to any property as to whom or which it is beyond the power of the City Council to impose the tax herein provided. If any sentence, clause, section or part of this chapter, or any tax against any individual or any of the several groups specified herein is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section or part of this chapter and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this chapter. It is hereby declared to be the intention of the City Council of the City of Berkeley that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

7.57.120 Violation – Penalty.

Any person who fails to perform any duty or obligation imposed by this chapter shall be guilty of an infraction as set forth in Chapter 1.20 of this code. The penalties provided in this section are in addition to the several remedies provided in this chapter.

7.57.130 Increase appropriations limit.

Pursuant to California Constitution Article XIIIB, the appropriation limit for the City of Berkeley is hereby increased by the aggregate sum authorized to be levied by this special tax for each of the four fiscal years from 2025-2026 through 2028-2029.

Section 3. Amendment, repeal, and reenactment. The City Council may repeal this ordinance, or amend it in any manner that does not result in an increase in the tax imposed herein, or add or modify exemptions, without further voter approval. If the City Council repeals this ordinance, it may subsequently reenact it without voter approval, as long as the reenacted ordinance does not result in an increase in the tax imposed herein.

Section 4. California Environmental Quality Act Requirements. This Ordinance is exempt from the California Environmental Quality Act, Public Resources Code section 21000 et seq., under, including without limitation, Public Resources Code section 21065 and CEQA Guidelines sections 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code section 21080, subdivision (b)(8), and CEQA Guidelines section 15273 as the approval of government revenues to fund existing services.

Section 5. Special Tax; Two Thirds Vote Requirement. This Ordinance imposes a special tax and shall be effective only if approved by two-thirds of the voters voting thereon.

ORDINANCE NO. #,###-N.S.

AUTHORIZING AND ADOPTING AN INCREASE TO THE PARKS, TREES AND

LANDSCAPING MAINTENANCE TAX
BE IT ORDAINED by the people of the City of Berkeley as follows:

Section 1. Code Amendment. Chapter 7.10 of the Berkeley Municipal Code is hereby amended as follows (additions denoted by underlined text and deletions denoted by strike through):

Chapter 7.10

PARKS, TREES AND LANDSCAPING MAINTENANCE TAX
Sections:

7.10.010 Special tax.

7.10.020 Tax adopted--Tax rate--Term--Index.

7.10.030 Exemption for very low-income homeowners.

7.10.040 Definitions.

7.10.050 Duties of the Director of Finance.

7.10.060 Interest and penalties.

7.10.070 Refunds.

7.10.080 Collection.

7.10.090 Savings clause.

7.10.100 Violation--penalty.

7.10.110 Increase appropriations limit.

7.10.010 Special tax.

A.  The tax adopted under this chapter is solely for the purpose of raising income and revenue which is necessary to provide for the direct cost of acquisition and maintenance of improvements in the City of Berkeley.

B.  Section 4 of Article XIIIA of the California Constitution (Proposition 13) allows two- thirds of the qualified electors of the City to impose a special tax within the City, provided the special tax is not an ad valorem tax on real property or a transaction tax or a sales tax on the sale of real property within the City. The tax imposed by this chapter Attachment 4

is a special tax which is authorized for elector approval by Section 4 of Article XIIIA of the California Constitution.

7.10.020 Tax adopted--Tax rate--Term--Index.

A.  There is hereby adopted a special tax on the square footage of all improvements in the City of Berkeley, as defined herein.

B.1  The tax rate for the fiscal year 2016 shall be $0.1466 per square foot of taxable improvements; provided, that this rate shall be increased or decreased annually in May pursuant to Section 7.10.020.D.

2. Notwithstanding paragraph (1), beginning fiscal year 2026, the tax rate shall be $0.2652 per square foot of taxable improvements; provided, that this rate shall be increased or decreased annually in May pursuant to Section 7.10.020.D.

C.  The tax imposed by this chapter shall be operative on July 1, 2015.

D.  The tax may be increased or decreased annually in May, according to the greater of the increase or decrease in the cost of living in the immediate San Francisco Bay Area or personal income growth in the state of California, as verified by official United States economic reports.

E.  For purposes of this section only the following terms shall be defined as set forth below:

1.  "Building" shall mean any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, chattel or property of any kind. The word "building" includes the word "structure."

2.  "Commercial," "industrial" and "institutional" shall refer to all buildings and improvements within the City that are not classified by this chapter as dwelling units.

3.  "Dwelling" shall mean a building or portion of a building designed for human occupancy

4.  "Dwelling unit" shall mean a building or portion of a building designed for or occupied exclusively by one family.

5.  "Family" shall mean one or more persons related by blood, marriage or adoption, and, in addition, any domestic servants or gratuitous guests thereof who are living together in a single dwelling unit and maintaining a common household.

Family shall also mean all unrelated persons who live together in a single dwelling unit and maintain a common household.

6.  "Improvements" shall mean all buildings or structures erected or affixed to the land.

7.  "Square footage" shall mean the total gross horizontal areas of all floors, including usable basement and cellars, below the roof and within the outer surface of the main walls of buildings (or the center lines of party walls separating such buildings or portions thereof) or within lines drawn parallel to and two feet within the roof line of any building or portion thereof without walls (which includes, notwithstanding paragraph c. below, the square footage of all porches), and including pedestrian access walkways or corridors, but excluding the following:
(a)  Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto.
(b)  Areas which are outdoor or semi-outdoor areas included as part of the building to provide a pleasant and healthful environment for the occupants thereof and the neighborhood in which the building is located. This exempted area is limited to stoops, balconies and to natural ground areas, terraces, pools and patios which are landscaped and developed for active or passive recreational use, and which are accessible for use by occupants of the building. (c)  Arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display, storage, service or production areas.

8.  "Structure" shall mean anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

9.  "Parcel" shall mean a unit of real estate in one ownership as shown on the most current official assessment role of the Alameda County Assessor.

7.10.030 Exemption for very low-income homeowners.

The tax imposed by this chapter shall not apply to any property owner by any person whose total personal income, from all sources, for the previous calendar year, does not exceed that level which shall constitute "very low-income," as may be established by resolution of the City Council. Any taxpayer claiming the exemption under this section shall be required to demonstrate his or her entitlement thereto annually by submitting an application and supporting documentation to the City Manager or his or her designee in the manner and at the time established in regulations and/or guidelines hereafter promulgated by the City Manager subject to review by the City Council in its discretion.

Such applications shall be on forms provided by the City Manager, or his or her designee, and shall provide and/or be accompanied by such information as the City Manager shall require, including but not limited to, federal income tax returns and W-2 forms.

7.10.040 Definitions.

For purposes of this chapter, except Section 7.10.020, the following terms shall be defined as set forth below:

A.  "Improvement" means one or any combination of the following:

1.  The installation or planting of landscaping.

2.  The installation or construction of statuary, fountains, and other ornamental structures and facilities.

3.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.

4.  The installation of park or recreational improvements, including, but not limited to, all of the following:
(a)  Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.

(b)  Lights, playground equipment, play courts, and public restrooms.

5.  The maintenance or servicing, or both, of any of the foregoing.

6.  The acquisition of land for park, recreational, or open-space purposes.

7.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

B.  "Incidental expenses" include all of the following:

1.  The costs of preparing plans, specifications, estimates and diagrams for improvements, including compensation to engineers and architects.

2.  The costs of printing, advertising and giving published, posted and mailed notices.

3.  Compensation payable to the County for collection of tax.

4.  Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.

C.  "Landscaping" means trees, shrubs, grass, or other ornamental vegetation.

D.  "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:

1.  Repair, removal, or replacement of all or any part of any improvement.

2.  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.

3.  The removal of trimmings, rubbish, debris, and other solid waste.

4.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

E.  "Service" or "servicing" means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other park improvements.

7.10.050 Duties of the Director of Finance.

It shall be the duty of the Director of Finance to collect and receive all taxes imposed by this chapter, and to keep an accurate record thereof. The Director of Finance is hereby charged with the enforcement of this chapter, except as otherwise provided herein, and may prescribe, adopt and enforce rules and regulations relating to the administration and enforcement of this chapter, including provisions for the re-examination and correction of returns and payments. The Director of Finance may prescribe the extent to which any ruling or regulation shall be applied without retroactive effect.

7.10.060 Interest and penalties.

The City Council is authorized to have the taxes imposed by this chapter collected by the County of Alameda in conjunction with the county’s collection of property tax revenues for the City of Berkeley. In the event that the County of Alameda collects the taxes imposed by this chapter, the imposition of penalties, additional fees and interest upon persons who fail to remit any tax imposed by this chapter, or who fail to remit any delinquent remittance under this chapter, shall be subject to and governed by the rules, regulations and procedures utilized by the County of Alameda in its collection of property taxes for the City of Berkeley, and in its collection of this additional tax for the City of Berkeley.

Every penalty imposed and such interest as accrues under the provisions of this chapter shall become a part of the tax herein required to be paid.

7.10.070 Refunds.

Whenever the amount of any tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in Chapter 7.20 of the Berkeley Municipal Code.

7.10.080 Collection.

The amount of any tax, penalty, and interest imposed under the provisions of this chapter shall be deemed a debt to the City. Any person owing money under the

provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount.

7.10.090 Savings clause.

The provisions of this chapter shall not apply to any person, association, corporation or to any property as to whom or which it is beyond the power of the City Council to impose the tax herein provided. If any sentence clause, section or part of this chapter, or any tax against any individual or any of the several groups specified herein is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section or part of this chapter and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this chapter. It is hereby declared to be the intention of the City Council of the City of Berkeley that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

7.10.100 Violation--penalty.

Any person who fails to perform any duty or obligation imposed by this chapter shall be guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. The penalties provided in this section are in addition to the several remedies provided in this chapter.

7.10.110 Increase appropriations limit.

Pursuant to California Constitution Article XIIIB, the appropriation limit for the City is increased by the aggregate sum authorized to be levied by this special tax for each of the four fiscal years from 2025--20216 through 2028-20219.

Section 2. Amendment, repeal, and reenactment. The City Council may repeal this ordinance, or amend it in any manner that does not result in an increase in the tax imposed herein, or add or modify exemptions, without further voter approval. If the City Council repeals this ordinance, it may subsequently reenact it without voter approval, as long as the reenacted ordinance does not result in an increase in the tax imposed herein.

Section 3. California Environmental Quality Act Requirements. This Ordinance is exempt from the California Environmental Quality Act, Public Resources Code section 21000 et seq., under, including without limitation, Public Resources Code section 21065 and CEQA Guidelines sections 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code section 21080, subdivision (b)(8), and CEQA Guidelines section 15273 as the approval of government revenues to fund existing services.

Section 4. Special Tax; Two Thirds Vote Requirement. This Ordinance imposes a special tax and shall be effective only if approved by two-thirds of the voters voting thereon.

ORDINANCE NO. _______

REAUTHORIZING AND EXTENDING THE GENERAL TAX ON THE

DISTRIBUTION OF SUGAR-SWEETENED BEVERAGE PRODUCTS
BE IT ORDAINED by the People of the City of Berkeley as follows:

Section 1. Findings.

A. Responding to the major public health crisis of increased rates of diabetes, obesity, and tooth decay, particularly in low-income communities and communities of color, connected to the consumption of sugary beverages, on November 4, 2014, the voters of the City of Berkeley passed Measure D, which added Chapter 7.72 to the Berkeley Municipal Code and imposed a general tax on the distribution of sugary beverages at a rate of 1 cent per fluid ounce.

B. Since its adoption, Measure D has measurably reduced the consumption of sugary beverages in the City of Berkeley, as compared to neighboring cities that have not imposed a tax on the distribution of sugary beverages. For example, a report by the Berkeley Food Institute of the University of California found that three years after the passage of Measure D residents of the City of Berkeley were drinking half the amount of soda and consuming 29 percent more water than before Measure D.

C. Measure D will terminate on January 1, 2027, unless reauthorized by the People of the City of Berkeley.

Section 2. Reauthorization.

A. The general tax imposed on the distribution of sugary beverages in the City of Berkeley at the rate of 1 cent per fluid ounce, which was imposed by Ordinance No. 7,388-N.S.(Imposing a General Tax on the Distribution of Sugar-Sweetened Beverage Products) and codified as Chapter 7.72 of the Berkeley Municipal Code, is hereby reauthorized beyond December 31, 2026, its last effective date.

B. The second sentence of section 4 of Ordinance No. 7,388-N.S., which states that “[t]he last effective date of this Ordinance shall be December 31, 2026, and it shall terminate as of January 1, 2027” is hereby deleted and replaced with the following sentence: “This Ordinance shall be effective until repealed or modified by the voters of the City of Berkeley.”
Attachment 5

Section 3. Code Amendment. Chapter 7.72 of the Berkeley Municipal Code is hereby amended as follows (additions denoted by underlined text and deletions denoted by strike through):

Chapter 7.72

SUGAR-SWEETENED BEVERAGE PRODUCT DISTRIBUTION TAX
Sections:

7.72.010 Excise tax.

7.72.020 Exemptions.

7.72.030 Definitions.

7.72.040 Duties, responsibilities and authority of the City Manager.

7.72.050 Collection.

7.72.060 Refunds.

7.72.070 Enforcement.

7.72.080 Not a sales and use tax.

7.72.090 Sugar-Sweetened Beverage Product Panel of Experts.

7.72.100 Increase appropriations limits.

7.72.110 Amendment.

7.72.120 Duration.

7.72.010 Excise tax.

A.  In addition to any other taxes imposed by the City, the City hereby levies a tax of one cent ($0.01) per fluid ounce on the privilege of Distributing Sugar-sweetened beverage products in the City.

B.  For the purposes of this Chapter, the volume, in ounces, of a Sugar-sweetened beverage product shall be calculated as follows:

1.  For a Sugar-sweetened beverage, the volume, in fluid ounces, of Sugar- sweetened beverages distributed to any person in the course of business in the City.

2.  For Added caloric sweeteners, the largest volume, in fluid ounces, of Sugar- sweetened beverages that could be produced from the Added caloric sweeteners.

In accordance with rules and regulations promulgated by the City pursuant to

Section 7.72.040, the largest volume, in fluid ounces, that would typically be produced from the Added caloric sweeteners shall be determined based on the manufacturer's instructions or, if the Distributor uses the Added caloric sweeteners to produce a Sugar-sweetened beverage, the regular practice of the Distributor.

C.  The tax shall be paid upon the first nonexempt Distribution of a Sugar-sweetened beverage product in the City. To the extent that there is a chain of Distribution within Berkeley involving more than one Distributor, the tax shall be levied on the first Distributor subject to the jurisdiction of the City. To the extent the tax is not paid as set forth above for any reason, it shall be payable on subsequent Distributions and by subsequent Distributors; provided, that the Distribution of Sugar-sweetened beverage products may not be taxed more than once in the chain of commerce.

7.72.020 Exemptions.

The tax imposed by this Chapter shall not apply:

A.  To any Distributor that is not subject to taxation by the City under the laws of the United States or the State of California;
B.  To any Distribution of a Sugar-sweetened beverage product to a Retailer with less than $100,000 in annual gross receipts, as defined in Section 9.04.025, in the most recent year;
C.  To any Distribution of Natural or common sweeteners; or D.  To any Distribution of Added caloric sweeteners to a Food Products Store as defined in Section
23F.04.010, if the Food Products Store then offers the Added caloric sweetener for sale for later use by customers of that store.

7.72.030 Definitions.

A.  "Added caloric sweetener" means any substance or combination of substances that meets all of the following four criteria:

1.  Is suitable for human consumption;

2.  Adds calories to the diet if consumed;

3.  Is perceived as sweet when consumed; and

4.  Is used for making, mixing, or compounding Sugar-sweetened beverages by combining the substance or substances with one or more other ingredients including, without limitation, water, ice, powder, coffee, tea, fruit juice, vegetable juice, or carbonation or other gas.

An Added caloric sweetener may take any form, including but not limited to a liquid, syrup, and powder, whether or not frozen. "Added caloric sweetener" includes, without limitation, sucrose, fructose, glucose, other sugars, and high fructose corn syrup, but does not include a substance that exclusively contains natural, concentrated, or reconstituted fruit or vegetable juice or any combination thereof.

B.  "Alcoholic beverage" means any beverage subject to tax under Part 14 (commencing with Section 32001) of the California Revenue and Taxation Code, as that Part may be amended from time to time.

C.  "Beverage for medical use" means a beverage suitable for human consumption and manufactured for use as an oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients from food or beverages, or for use as an oral rehydration electrolyte solution for infants and children formulated to prevent or treat dehydration due to illness. "Beverage for medical use" shall also mean a "medical food" as defined in Section 109971 of the California Health and Safety Code, as that definition may be amended from time to time. "Beverage for medical use" shall not include drinks commonly referred to as "sports drinks" or any other common names that are derivations thereof.

D.  "Business Entity" means any Person except for a natural person.

E.  "City" means the City of Berkeley, California.

F.  "City Manager" means the City Manager of the City of Berkeley or his or her designee.

G.  "Consumer" means a natural person who purchases a Sugar-sweetened beverage product in the City for a purpose other than resale in the ordinary course of business.

H.  "Distribution" or "Distribute" means the transfer of title or possession (1) from one Business entity to another for consideration or (2) within a single Business entity, such

as by a wholesale or warehousing unit to a retail outlet or between two or more employees or contractors. "Distribution" or "Distribute" shall not mean the retail sale to a Consumer.

I.  "Distributor" means any Person who Distributes Sugar-sweetened beverage products in the City.

J.  "Milk" means natural liquid milk, regardless of animal source or butterfat content, natural milk concentrate, whether or not reconstituted, regardless of animal source or butterfat content, or dehydrated natural milk, whether or not reconstituted and regardless of animal source or butterfat content, and plant-based milk substitutes, that are marketed as milk, such as soy milk and almond milk.

K.  "Natural or common sweetener" means granulated white sugar, brown sugar, honey, molasses, xylem sap of maple trees, or agave nectar.

L.  "Person" means an individual, trust, firm, joint stock company, business concern, business trust, government, receiver, trustee, syndicate, social club, fraternal organization, estate, corporation, including, but not limited to, a limited liability company, and association or any other group or combination acting as a unit.

M.  "Retailer" means any Person who serves Sugar-sweetened beverage products to a Consumer.

N.  "Simple syrup" means a mixture of water and one or more Natural or common sweeteners without any additional ingredients.

O.  "Sugar-sweetened beverage" means any beverage intended for human consumption to which one or more Added caloric sweeteners has been added and that contains at least 2 calories per fluid ounce.

1.  "Sugar-sweetened beverage" includes, but is not limited to all drinks and beverages commonly referred to as "soda," "pop," "cola," "soft drinks," "sports drinks," "energy drinks," "sweetened ice teas," or any other common names that are derivations thereof.

2.  "Sugar-sweetened beverage" shall not include any of the following:
(a)  Any beverage in which milk is the primary ingredient, i.e., the ingredient constituting a greater volume of the product than any other;

(b)  Any beverage for medical use;
(c)  Any liquid sold for use for weight reduction as a meal replacement; (d)  Any product commonly referred to as "infant formula" or "baby formula"; or (e)  Any alcoholic beverage.

P.  "Sugar-sweetened beverage product" means a Sugar-sweetened beverage or Added caloric sweetener.

7.72.040 Duties, responsibilities and authority of the City Manager.

A.  It shall be the duty of the City Manager to collect and receive all taxes imposed by this Chapter, and to keep an accurate record thereof.

B.  The City Manager is hereby charged with the enforcement of this Chapter, except as otherwise provided herein, and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this Chapter, including provisions for the reexamination and correction of returns and payments, and for reporting. Such rules and regulations may include, but are not limited to, the following:

1.  The determination of the frequency with which a Distributor must calculate the tax. This determination shall not constitute an increase of the tax.

2.  The determination of the frequency with which a Distributor must pay the tax.

This determination shall not constitute an increase of the tax.

3.  The determination of whether and how a Distributor must register with the City.

4.  The determination of whether and how a Distributor who receives, in the City, Sugar-sweetened beverage products from another Distributor must report to the City the name of that Distributor.

5.  The determination of whether and how a Distributor who receives, in the City, Sugar-sweetened beverage products from another distributor must report to the City the volume of Sugar-sweetened beverage products received from that Distributor.

6.  The determination of what other documentation is required to be created or maintained by a Distributor.

C.  The City Manager shall annually verify that the taxes owed under this Chapter have been properly applied, exempted, collected, and remitted.

7.72.050 Collection.

A.  The amount of any tax, penalty, and interest imposed under the provisions of this Chapter shall be deemed a debt to the City. Any Distributor owing money under the provisions of this Chapter shall be liable in an action brought in the name of the City for the recovery of such amount.

B.  In order to aid in the City's collection of taxes due under this Chapter, any Retailer that receives Sugar-sweetened beverage products from a Distributor shall, in accordance with rules and regulations promulgated by the City Manager pursuant to Section 7.72.040, either:

1.  report to the City all such transactions, the volume in ounces of Sugar- sweetened beverage products received in each transaction, and the identity and contact information of the Distributor from whom the Sugar-sweetened beverage products were received; or

2.  collect the tax that would be payable as a result of the transaction by the Distributor from whom the Sugar-sweetened beverage product was received and remit it to the City; or

3.  provide to the City evidence that the Distributor from whom the Sugar- sweetened beverage products were received has registered as a Distributor with the City and that registration is current.

C.  The City Council is authorized to have the taxes imposed by this Chapter collected by the County of Alameda or the California Board of Equalization in conjunction with the collection of other taxes for the City. If the City Council exercises this authorization, the duties and responsibilities of the City Manager shall be given, as appropriate, to the County of Alameda or the California Board of Equalization, which may delegate such duties and responsibilities as necessary and as authorized by law.

7.72.060 Refunds.

Whenever any tax under this Chapter has been paid more than once or has been erroneously or illegally collected or received by the City, it may be refunded only as provided in Chapter 7.20 of the Berkeley Municipal Code.

7.72.070 Enforcement.

Except as otherwise provided by this Chapter or by rule or regulation promulgated by the City Manager, the tax imposed by this Chapter shall be administered in the same manner as taxes imposed pursuant to Chapter 9.04 and, without limitation, shall be subject to the same delinquency penalties, appeals processes and other enforcement provisions set forth in Chapter

9.04. 7.72.080 Not a sales and use tax.

The tax imposed by this Chapter is a tax upon the privilege of conducting business, specifically, Distributing Sugar sweetened beverage products within the City of Berkeley. It is not a sales, use, or other excise tax on the sale, consumption or use of Sugar-sweetened beverage products.

7.72.090 Sugar-Sweetened Beverage Product Panel of Experts.

A.  There shall be established the Sugar-Sweetened Beverage Product Panel of Experts to make recommendations on how and to what extent the City should establish and/or fund programs to reduce the consumption of sugar-sweetened beverages in Berkeley and to address the effects of such consumption.

B.  An officer or employee of the City designated by the City Manager shall serve as secretary of the Panel.

C.  In accordance with Chapter 2.04, the Panel shall be composed of nine members appointed by the City Council.

D.  Terms shall expire and vacancies shall be filled in accordance with the provisions of Section 2.04.030 through 2.04.145 of this Code.

E.  Each member of the Panel must:

1.  Have experience in community-based youth food and nutrition programs; or

2.  Have experience in school-based food and nutrition programs and be referred by the Berkeley Unified School District; or

3.  Have experience in early childhood nutrition education; or

4.  Have experience in researching public health issues or evaluating public health programs related to diabetes, obesity, and sugary drink consumption; or

5.  Be a licensed medical practitioner.

F.  In accordance with Section 3.02.040, members of the Panel may be reappointed but shall not serve more than eight consecutive years.

G.  The Panel shall, by majority vote, do each of the following:

1.  Annually appoint one of its members as chair and one of its members as vice- chair;

2.  Approve bylaws to facilitate the proper functioning of the Panel;

3.  Establish a regular time and place of 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. Minutes for each meeting shall be recorded, kept, and maintained; and

4.  Publish an annual report that includes the following:
(a)  recommendations on how to allocate the City's general funds to reduce the consumption of sugar sweetened beverages in Berkeley and to address the results of such consumption;
(b)  information, if available, concerning the impact of this Chapter on the public health of the residents of the City; and
(c)  any additional information that the Panel deems appropriate.

H.  Within 15 days of receipt of the publication of the Panel’s annual report, the City Manager shall cause the report to be published on the City’s Internet website and to be

transmitted to the City Council and the Governing Board of the Berkeley Unified School District.

I.  The City Council shall consider, but need not follow, the Panel’s recommendations and shall annually inform the Panel as to the extent to which it has implemented the Panel's recommendations.

7.72.100 Increase appropriations limits.

Pursuant to California Constitution article XIIIB, the appropriation limit for the City is increased by the aggregate sum authorized to be levied by this tax for each of the four fiscal years from 20215-216 through 20218-219.

7.72.110 Amendment.

The City Council, without a vote of the people, may, either permanently or temporarily, increase the dollar amount of the threshold for the small-business exemption in Section

7.72.020.B.

7.72.120 Duration.

This Ordinance shall be effective until repealed or modified by the voters of the City of Berkeley.

Section 4. Amendment, repeal, and reenactment. The City Council may repeal this ordinance, or amend it in any manner that does not result in an increase in the tax imposed herein, or add or modify exemptions, without further voter approval. If the City Council repeals this ordinance, it may subsequently reenact it without voter approval, as long as the reenacted ordinance does not result in an increase in the tax imposed herein.

Section 5. California Environmental Quality Act Requirements.

This Ordinance is exempt from the California Environmental Quality Act, Public Resources Code section 21000 et seq., including without limitation Public Resources Code section 21065, CEQA Guidelines section 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code

section 21080, subdivision (b)(8) and CEQA Guidelines section 15273 as the approval of government revenues to fund existing services.

Section 6. General Tax; Simple Majority Vote Requirement. This Ordinance imposes a general tax and shall be effective if approved by a simple majority of the voters voting thereon.

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

APPROVING INCREASE IN APPROPRIATION LIMIT FOR FISCAL YEARS 2025 THROUGH 2028
WHEREAS, Article XIIIB of the California Constitution requires that the voters approve increases in the City’s appropriations limit on a four year cycle; and WHEREAS, such increases allow the City to expend funds it has already collected from previously approved ballot measures for various purposes including public safety, parks and recreation, health services, and infrastructure; and WHEREAS, such expenditures are necessary for the continued health and well-being of City residents.

NOW THEREFORE BE IT RESOLVED by the People of the City of Berkeley that the City’s appropriation limit under Article XIIIB of the California Constitution is increased to allow the expenditure of the proceeds of City taxes and income from the investment of those taxes for fiscal years 2025 through 2028.

Attachment 6

ORDINANCE NO. X,XXX-N.S.

AN ORDINANCE OF THE PEOPLE OF THE CITY OF BERKELEY AMENDING BERKELEY MUNICIPAL CODE CHAPTER 13.76 TO FURTHER PROTECT THE RIGHTS OF TENANTS TO

BE SAFE FROM ARBITRARY AND EXCESSIVE RENT INCREASES AND EVICTIONS, AND

TO ESTABLISH THE RIGHT TO ORGANIZE TENANT ASSOCIATIONS
The People of Berkeley do hereby ordain as follows:

Section 1. Title. This amendment to Chapter 13.76 shall be known and may be cited as the “Berkeley Tenant Protection and Right to Organize Act.” Section 2. Amendment of Chapter 13.76. Chapter 13.76 of the Berkeley Municipal Code is amended to read as follows:

13.76.010 Title.

This Cchapter shall be known as the Rent Stabilization and Eviction for Just Good Cause Ordinance.

13.76.020 Findings.

A. The Housing Element of the Berkeley Master Plan of 1977 states that:

1. Berkeley residents have the right to decent housing in pleasant neighborhoods which meet standards of adequacy at a range of prices they can afford. (Goal 1)

2. Existing housing should be maintained and improved. (Goal 2)

3. Berkeley should have an adequate supply of housing throughout the City for persons with special needs. (Goal 3)

4. All residents should have equal access to housing opportunities, financing and insurance on a non-discriminatory basis. (Goal 4)
B. On June 6, 1972, the electorate of the City of Berkeley passed a rent control charter amendment that was later voided by the California Supreme Court as being unconstitutional.

AC. On June 5, 1973, the City Council (hereinafter, “Council”) declared the existence of a housing emergency in the City of Berkeley (hereinafter, “the City”), based upon the Ccouncil’s finding of a pattern of steadily rising rents, a shortage of decent housing and an increased deterioration of the existing housing stock in the City.

Attachment 7

D. On November 7, 1978, the electorate of the City of Berkeley passed a renter property tax relief ordinance.

E. On October 25, 1979, the Berkeley City Council, Berkeley Housing Authority, the Berkeley Housing Advisory and Appeals Board, and members of the City’s administrative staff held a public workshop regarding the current housing conditions in Berkeley.

F. On October 30, 1979, January 26, 1980 and February 21, 1980, the Berkeley City Council held public hearings at which members of the public expressed their views regarding current housing conditions in Berkeley and legislative proposals for rent stabilization and eviction controls.

G. The most significant provisions of the 1978 Renter Property Tax Relief Ordinance expired on December 30, 1979.

BH. On November 27, 1979, the Berkeley City Council passed an ordinance establishing a temporary rent stabilization program, effective until June 30, 1980.

C. In 1980, the People of Berkeley passed the Rent Stabilization and Eviction for Good Cause Ordinance, establishing the registration of rental units, the regulation of rental increase amounts, and the requirement for a landlord to provide good cause prior to terminating a tenancy.

D. In 1995, the California Legislature enacted the Costa-Hawkins Rental Housing Act, which prohibited the ability of local governments to control the rental amount on a rental unit at the commencement of a new tenancy and to control the rental amount in single family homes or rental units with an initial Certificate of Occupancy issued after February 1, 1995. As a result of the Costa-Hawkins Rental Housing Act, many rental units became unaffordable to Berkeley residents.

E. The City continues to experience a severe housing shortage and an unprecedented increase in the number of residents experiencing housing hardships. According to data from the United States Census Bureau, in 2019, 53% of Berkeley renter households were “rent burdened,” paying more than 30% of their household income towards rent.

F. Due to the continuance of the housing emergency which existed when the voters of Berkeley first enacted this Chapter, the Berkeley Rent Stabilization Board (hereinafter, “Board”) finds that reasonable regulation of aspects of the landlord-tenant relationship is necessary to foster constructive communication, maintain an adequate supply of a variety of rental housing options, and protect the health, safety, and general welfare of the public.

G. Because the People of Berkeley have periodically updated this Chapter through various updates, the Board finds a need to enact non-substantive changes to this Chapter in 2024 in order to make the provisions of this Chapter more consistent with modern usage and clarity.

H. Pursuant to California Civil Code section 1946.2(g)(1)(B), the Board finds that this Chapter is more protective than the provisions of California Civil Code section 1946.2. The just cause for termination of a residential tenancy under this Chapter is consistent with California Civil Code section 1946.2; however, this Chapter further limits the reasons for termination of a residential tenancy, and provides for higher relocation assistance amounts in the event of a termination.

13.76.030 Purpose.

The purposes of this Cchapter is are to regulate residential rent increases in the City of Berkeley, and to protect tenants from unwarranted rent increases and arbitrary, discriminatory, or retaliatory evictions, to facilitate the formation of tenant associations to balance the relationship between tenants and landlords, to help maintain the diversity of the Berkeley community, and to ensure compliance with legal obligations relating to the rental of housing.

This legislation is designed to address the City of Berkeley’s housing crisis, preserve the public peace, health and safety, and advance the housing policies of the City with regard to low and fixed income persons, marginalized communities minorities, students, persons with disabilities handicapped, and older adults the aged.

13.76.040 Definitions.

A. "Board" refers to the elected Rent Stabilization Board established by this chapter and Article XVII of the Charter of the City of Berkeley.

B. "Commissioners" means the members of the Bboard who are denominated commissioners.

C. "Housing services" include but are not limited to repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, refuse removal, furnishing, telephone, parking and any other benefit, privilege or facility connected with the use or occupancy of any rental unit, including the right for tenants to organize as set forth in Section 13.76.135. Services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained.

D. "Landlord" means an owner of record, lessor, sublessor or any other person or entity entitled to receive rent for the use or occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.

E. "Rent" means the consideration, including any deposit, bonus, benefit or gratuity demanded or received for or in connection with the use or occupancy of rental units and housing services. Such consideration shall include, but not be limited to, monies and fair market value of goods or services rendered to or for the benefit of the landlord under the rental agreement.

F. "Rental agreement" means an agreement, oral, written or implied, between a landlord and a tenant for use or occupancy of a rental unit and for housing services.

G. "Rental unit" means any unit in any real property, including the land appurtenant thereto, rented or available for rent for residential use or occupancy (including units covered by the Berkeley Live/Work Ordinance No. 5217-NS), located in the City of Berkeley, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the tenant.

H. "Property" means a parcel of real property which is assessed and taxed as an undivided whole.

I. "Tenant" means any renter, tenant, subtenant, lessee, or sublessee of a rental unit, or successor to a renter’s interest, or any group of tenants, subtenants, lessees, or sublessees of any rental unit, or any other person entitled to the use or occupancy of such rental unit.

J. "Partially-covered unit" means any rental that is subject to all sections of this Chapter except: Section 13.76.100: Establishment of base rent ceiling and posting; Section

13.76.110: Annual general adjustment of rent ceilings; and Section 13.76.120: Individual adjustments of rent ceilings.
"Skilled nursing facility" means a health facility or a distinct part of a hospital which provides the following basic services: skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. It provides 24-hour inpatient care and, as a minimum, includes medical, nursing, dietary, pharmaceutical services and an activity program. The facility shall have effective arrangements, confirmed in writing, through which services required by the patients, but not regularly provided within the facility, can be obtained promptly when needed.

K. "Fully-exempt unit" means any rental unit that is not subject to any section of this Chapter. "Health facility" means any facility, place or building which is organized, maintained and operated for the diagnosis, care and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which such persons are admitted for a 24-hour stay or longer.

L. "Tenant Association" “Recognized tenant organization” means any group of tenants, residing in rental units in the same building or in different buildings operated by the same management company, agent or landlord, which requests to be so designated as set forth in Section 13.76.135 of this Chapter.

M. "Rent ceiling" means the maximum allowable rent which a landlord may charge on any rental unit covered by this Cchapter.

N. "Base rent ceiling" means the maximum allowable rent established under Section 13.76.100 of this Chapter.

O. "Fees" means for the purpose of this Cchapter, a charge fixed by law for services of public officers or for use of a privilege under control of government.

P. "Nonprofit, accredited institution of higher education" means a post secondary educational institution whose legal status under the California Education Code is verified by an annual validation receipt from the California State Department of Education, and which is accredited by the Western Association of Schools and Colleges or the Association of Theological Schools and which is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code and under Section 23701(d) of the Revenue and Taxation Code, and which, if otherwise required by law to do so, has obtained a valid unrevoked letter or ruling from the United States Internal Revenue Service or from the Franchise Tax Board which states that the organization so qualifies for exemption from taxation.

Q. "Newly Constructed" means a rental unit created after June 30, 1980. For purposes of this definition, the date a unit was created is based upon the date of the first certificate of occupancy issued for the subject unit. However, in the event of the repeal or amendment of Civil Code Section 1954.52, such that "certificate of occupancy" is no longer the operative standard set forth under state law, the date a unit was created shall be determined by the final inspection approval by the City.

13.76.050 Applicability.

A. All sections of Tthis Cchapter shall apply to all real property that is being rented or is available for rent for residential use in whole or in part, except for the following as provided in this section.:

B. The following rental units are Partially-covered units:

1. Newly Constructed Rental Units. A rental unit created after June 30, 1980. For purposes of this partial exemption, the date a unit was created is based upon the date of the first certificate of occupancy issued for the subject unit.

However, in the event of the repeal or amendment of Civil Code Section 1954.52 such that “certificate of occupancy” is no longer the operative standard set forth under state law, the date a unit was created shall be determined by the final inspection approval by the City. A rental unit shall only be deemed newly constructed for fifteen years after the date of final inspection approval by the City.

Notwithstanding any provision in this Chapter and to the extent that state or local law permits, any residential rental units created as a result of demolition or replacement where such demolition or replacement is affected via the creation of a “housing development project” as defined in the Housing Crisis Act of 2019 (Senate Bill 330), shall not be exempt as “newly constructed rental units” and, unless otherwise exempt, shall be covered by all provisions of this Chapter.

2. Separately Alienable Rental Units. Rental units in a residential property containing only a Single Family Dwelling (as defined in Subtitle 23F.04 of the Zoning Ordinance), unless the tenancy commenced before January 1, 1996. This partial exemption shall apply only as long as the pertinent provisions of California Civil Code Section 1954.50 et. seq. ("Costa-Hawkins") remain in effect and require such an exemption.

3. Government-Owned or Government-Subsidized Rental Units. Rental units which a government agency or authority owns, operates, manages, or in which governmentally subsidized tenants reside to the extent that applicable Federal law, State law, or administrative regulation specifically exempts such units from local or municipal price control. Such rental units shall be subject to all provisions of this Chapter except those from which applicable Federal law, State law, or administrative regulation specifically exempts the rental units.

C. The following rental units are Fully-exempt units:

1. Short-Term Transient Rentals. Rental units which are rented primarily to transient guests for use or occupancy less than fourteen consecutive days in establishments such as hotels, motels, inns, tourist homes, and rooming and boarding houses. However, the payment of rent every fourteen days or less shall not by itself exempt any unit from coverage by this Chapter.

2. Co-op Rental Units. Rental units in nonprofit cooperatives owned and controlled by a majority of the residents.

3. Rental Units in Health Facilities. Rental units in any hospital, skilled nursing facility, health facility, asylum, or non-profit home for older persons.

For the purposes of this Subsection, the following definitions apply:
"Skilled nursing facility" means a health facility or a distinct part of a hospital which provides the following basic services: skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. It provides 24-hour inpatient care and, as a minimum, includes medical, nursing, dietary, pharmaceutical services and an activity program. The facility shall have effective arrangements, confirmed in writing, through which services required by the patients, but not regularly provided within the facility, can be obtained promptly when needed. "Health facility" means any facility, place or building which is organized, maintained and operated for the diagnosis, care and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which such persons are admitted for a 24-hour stay or longer.

4. Owner-Occupied Shared Rental Units. A rental unit in a residential property where the landlord shares kitchen or bath facilities with the tenant(s) of such rental unit and where the landlord occupied a unit in the same property as his/her principal residence at the inception of the tenancy.

For the purposes of this subsection, the term landlord shall be defined only as the owner of record holding at least 50% interest in the property.

5. Fraternities and Sororities. A rental unit or room which is rented by an active member of a fraternity or sorority recognized by the University of California Berkeley, or a rental unit or room which is rented by an active member of a fraternity or sorority identified by Rent Board Resolution. To qualify for the exemption, the rental unit must be owned by the fraternity or sorority or by an entity whose sole purpose is the maintenance and operation of the fraternity or sorority's rental units for the benefit of the members in order to provide housing to said members at cost.

6. Accessory Dwelling Units. Rental units in a residential property containing only a Single Family Dwelling (as defined in Subtitle 23F.04 of the Zoning Ordinance) and one lawfully established and fully permitted Accessory Dwelling Unit where the landlord also

occupies a unit in the same property as his/her principal residence. This subsection (13.76.0S0N) shall only apply to properties containing a single Accessory Dwelling Unit, shall only apply to units compliant with all applicable requirements of Chapter 23C.24 ("Accessory Dwelling Units"), and shall only apply to tenancies created after November 7, 2018.

7. Shelters and Transitional Housing. Rental units in a facility owned or leased by an organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code that has the primary purpose of operating a treatment, recovery, therapy, sanctuary or shelter program for qualified clients, where such rental units are provided incident to the client's participation in the primary program and where the client has been informed in writing of the temporary or transitional nature of the housing at the inception of his or her participation in the program.

However, except as may be preempted by the Transitional Housing Participant Misconduct Act (California Health and Safety Code Sections 50580 et. seq.) or other state or federal law, such rental units shall not be exempted from the requirements of Section 13.76.130, Good Cause Required for Eviction. For purposes of Section

13.76.130.A.2, the client's continued eligibility for participation in the treatment, recovery, therapy, sanctuary or shelter program shall be deemed a material term of the client's rental agreement with the program's operator.

8. “Sabbatical” Exemption for Single-Family Homes. A rental unit in a residential property containing only a Single Family Dwelling (as defined in Subtitle 23F.04 of the Zoning Ordinance) and owned by a property owner who:
a) owns only one residential unit in the City;
b) occupied that residential unit for at least 365 consecutive days as their principal residence immediately prior to renting the unit; c) is absent from the unit for a period not to exceed 24 months; and d) such period is specified in the lease.

9. Golden Duplex Exemption. Rental units in a residential property which is divided into two units where one of the units was owner-occupied on December 31, 1979, and is currently occupied by the landlord as their principal residence.

Rental units which become non-exempt under this provision shall have the provisions of Subsections 13.76.080J and 13.76.100C. applied to them.

For the purposes of this subsection, the term landlord shall be defined only as the owner of record holding at least 50% interest in the property.

A. Rental units which are owned by any government agency. However, the exemption of units owned by the Berkeley Housing Authority from the terms of this chapter shall be limited to their exemption from the terms of Section 13.76.080, Rent Registration; Section 13.76.100, Establishment of Base Rent Ceiling and Posting; Section 13.76.110, Annual General Adjustment of Rent Ceilings; and Section 13.76.120, Individual Adjustments of Rent Ceilings, of this chapter.

B. Rental units which are rented primarily to transient guests for use or occupancy less than fourteen consecutive days in establishments such as hotels, motels, inns, tourist homes, and rooming and boarding houses. However, the payment of rent every fourteen days or less shall not by itself exempt any unit from coverage by this chapter.

C. Rental units in nonprofit cooperatives owned and controlled by a majority of the residents.

D. Rental units leased to tenants assisted under the Section 8 program (42 U.S.C. Section 1437f) or the Shelter Plus Care Program (42 U.S.C. 11403 et. seq.) or similar federally funded rent subsidy program. Except as may be preempted by state or federal law, the exemption of such rental units from the terms of this chapter shall be limited to Section

13.76.080, Rent Registration; Section 13.76.100, Establishment of Base Rent Ceiling and Posting; Section 13.76.110, Annual General Adjustment of Rent Ceilings and Section

13.76.120, Individual Adjustments of Rent Ceilings, of this chapter. However, the exemption from Sections 13.76.080, 13.76.110 and 13.76.120 shall apply only for so long as the rent demanded does not exceed the authorized Payment Standard, which, for purposes of this subsection, is the maximum monthly rental assistance potentially available to an assisted household before deducting the household share of income paid for rent and utilities as established by the Berkeley Housing Authority or successor agency. For units where the rent demanded exceeds the Payment Standard, the Payment Standard or an initial rent above the Payment Standard if approved by the Berkeley Housing Authority, as reported to the board by the Berkeley Housing Authority or successor agency, shall become the unit’s base rent ceiling and the reference point from which the rent ceiling shall be adjusted in accordance with Sections 13.76.110 and 13.76.120.

E. Rental units in any hospital, skilled nursing facility, health facility, asylum, or non-profit home for the aged.

F. Rental units in a residential property which is divided into a maximum of four units where one of such units is occupied by the landlord as his/her principal residence. Any exemption of rental units established under this subsection (13.76.050 F.) shall be limited to rental units that would have been exempt under the provisions of this chapter had this chapter been in effect on December 31, 1979. After July 1, 1982, this exemption shall no longer apply to rental units in a residential property which is divided into three or four units. It shall continue to apply to rental units in a residential property which is divided into two units, and which meet all the other requirements of this subsection (13.76.050F). Rental units which become non-exempt under this provision shall have the provisions of Subsections 13.76.080I and

13.76.100C. applied to them.

G. A rental unit in a residential property where the landlord shares kitchen or bath facilities with the tenant(s) of such rental unit and where the landlord also occupies a unit in the same property as his/her principal residence.

H. For the purposes of Subsections 13.76.050 F. and G., the term landlord shall be defined only as the owner of record holding at least 50% interest in the property.

I. Newly constructed rental units, as defined in Section 13.76.040. However, the exemption of such newly constructed units shall be limited to their exemption from the terms of Section

13.76.100, Establishment of Base Rent Ceiling and Posting: Section 13.76.110, Annual General Adjustment of Rent Ceilings; and Section 13.76.120, Individual Adjustments of Rent Ceilings, of this chapter. To the extent that state law permits, the exemption of such newly constructed units shall be limited to the first 20 years after completion of construction.

J. A rental unit which is rented by a nonprofit, accredited institution of higher education to a tenant or tenants who are student(s), faculty, or staff of the institution or of a member school of the Graduate Theological Union, provided, however, that the institution owned the unit as of January 1, 1988.

K. A rental unit in a residential property owned by an organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code that is rented to a low income tenant and subject to a regulatory agreement with a governmental agency that controls the unit’s rent levels. However, the exemption for such rental units from the terms of this chapter shall be limited to Section 13.76.080, Rent Registration; Section 13.76.100, Establishment of Base Rent Ceiling and Posting; Section 13.76.110, Annual General Adjustment of Rent Ceilings; and Section 13.76.120, Individual Adjustments of Rent Ceilings of this chapter and shall apply only for so long as the regulatory agreement is in effect. This exemption shall not

apply to rental units at the property that are not subject to a regulatory agreement with a governmental agency or that are rented by a tenant who occupied the unit prior to the property’s acquisition by the tax-exempt organization.

L. Rental units in a facility owned or leased by an organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code that has the primary purpose of operating a treatment, recovery, therapy, sanctuary or shelter program for qualified clients, where such rental units are provided incident to the client’s participation in the primary program and where the client has been informed in writing of the temporary or transitional nature of the housing at the inception of his or her participation in the program. However, except as may be preempted by the Transitional Housing Participant Misconduct Act (California Health and Safety Code Sections 50580 et. seq.) or other state or federal law, such rental units shall not be exempted from the terms of Section 13.76.130, Good Cause Required for Eviction. For purposes of Section 13.76.130.A.2, the client’s continued eligibility for participation in the treatment, recovery, therapy, sanctuary or shelter program shall be deemed a material term of the client’s rental agreement with the program’s operator.

M. A rental unit or room which is rented by an active member of a fraternity or sorority recognized by the University of California Berkeley, or a rental unit or room which is rented by an active member of a fraternity or sorority identified by Rent Board Resolution. To qualify for the exemption, the rental unit must be owned by the fraternity or sorority or by an entity whose sole purpose is the maintenance and operation of the fraternity or sorority’s rental units for the benefit of the members in order to provide housing to said members at cost.

N. A rental unit in a residential property containing only a Single Family Dwelling (as defined in Subtitle 23F.04 of the Zoning Ordinance) and one lawfully established and fully permitted Accessory Dwelling Unit where the landlord also occupies a unit in the same property as his/her principal residence. This subsection (13.76.050N) shall only apply to properties containing a single Accessory Dwelling Unit, shall only apply to units compliant with all applicable requirements of Chapter 23C.24 ("Accessory Dwelling Units"), and shall only apply to tenancies created after November 7, 2018.

O. A dwelling or a unit alienable separate from the title to any other dwelling unit unless the tenancy commenced before January 1, 1996. However, the exemption of such units shall be limited to their exemption from the terms of Section 13.76.100, Establishment of Base Rent Ceiling and Posting: Section 13.76.110, Annual General Adjustment of Rent Ceilings; and Section 13.76.120, Individual Adjustments of Rent Ceilings, of this chapter. A property owner who owns only one residential unit in the City of Berkeley, and occupied that residential unit for 365 consecutive days as their principal residence immediately prior to

renting the unit, and is absent from the unit for a period not to exceed 24 months, and such period is specified in the lease, shall also be exempt from the terms of Section 13.76.080, Rent Registration, of this Chapter. The exemptions provided in this Section shall apply only as long as the pertinent provisions of California Civil Code Section 1954.50 et. seq. ("Costa- Hawkins") remain in effect and require such an exemption.

13.76.060 Rent Stabilization Board.

A. Composition. There shall be in the city of Berkeley City an elected Rrent Sstabilization Bboard; the Bboard shall consist of nine Ccommissioners. The Bboard shall elect annually as chairperson one of its members to serve in that capacity.

B. Eligibility. Residents who are duly qualified electors of the Ccity of Berkeley are eligible to serve as Ccommissioners on the Bboard.

C. Full Ddisclosure of Hholdings. Candidates for the position of Ccommissioner shall fulfill the requirements as set forth in the City Charter in Article III, Section 6 1/2.

In addition, when filing nomination papers, candidates shall submit a verified statement of their interests and dealings in real property, including but not limited to its ownership, sale or management and investment in and association with partnerships, corporations, joint ventures and syndicates engaged in its ownership, sale or management during the previous three years.

D. Election of Ccommissioners. Commissioners shall be elected at the statewide general election held in November of even numbered years.

E. Terms of Ooffice. Commissioners’ terms of office shall be as set forth in Article XVII of the Berkeley City Charter.

F. Powers and Dduties. The elected Rrent Sstabilization Bboard shall have the power to determine, to arbitrate and to set rent levels, whether through general or individual adjustments, of any unit which has controlled rents under any Berkeley Ordinance, and to administer any Berkeley program which regulates rents and evictions. The Bboard shall have the following powers and duties:

1. Set the rent ceilings for all rental units.

2. Require registration of all rental units under Section 13.76.080.

3. Publicize the manner in which the base rent ceiling is established under Section

13.76.100.

4. To make adjustments in the rent ceiling in accordance with Sections 13.76.110 and

13.76.120.

5. Set rents at fair and equitable levels in view of and in order to achieve the purposes of this Cchapter.

6. To issue orders, rules and regulations, conduct hearings and charge fees as set below.

7. Make such studies, surveys and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties.

8. Report annually to the city council of the city of Berkeley on the status of rental housing units covered by this Cchapter.

9. Request the City Council to remove rent controls under Section 13.76.060Q. 910. Administer oaths and affirmations and subpoena witnesses and relevant documents. 101. Establish rules and regulations for settling civil claims under Section 13.76.150. 112. Seek injunctive relief under Section 13.76.150.
123. Pursue civil remedies in courts of appropriate jurisdiction. 134. Intervene as an interested party in any litigation brought before a court of appropriate jurisdiction by a landlord or tenant with respect to rental units covered by this Cchapter. 145. Hold public hearings.
156. Charge and collect registration fees, including penalties for late payments and fines, as set by schedule, for failure to re-register a rental unit within fifteen (15) days of the commencement of a new tenancy.

16. Require that landlords of rental units subject to the requirement to register under Section 13.76.080 provide notice of the existence of this Chapter to each new tenant at the commencement of their tenancy.

17. Other powers necessary to carry out the purposes of this Cchapter which are not inconsistent with the terms of this Cchapter.

18. Except as provided in Section 13.76.060N of this Cchapter, the Bboard shall finance its reasonable and necessary expenses for its operation without the use of general fund monies of the city of Berkeley.City.

G. Rules and Regulations: The Bboard shall issue and follow such rules and regulations, including those which are contained in this Chapter, as will further the purposes of this Chapter. The Bboard shall publicize its rules and regulations prior to promulgation in at least one newspaper of general circulation in the city of Berkeley.City.

All rules and regulations and relevant documents explaining the decisions, orders, and policies of the Bboard shall be kept in the Bboard’s office and shall be available to the public for inspection and copying.

The Bboard shall publicize this Chapter so that all residents of Berkeley will have the opportunity to become informed about their legal rights and duties under this Chapter. The Bboard shall prepare a brochure which fully describes the legal rights and duties of landlords and tenants under this Chapter. The brochure shall be made available to the public.

H. Meetings: The Bboard shall hold regularly scheduled meetings. Special meetings shall be called at the request of at least a majority of the Ccommissioners of the Bboard. The Bboard shall hold its initial meeting no later than July 15, 1980.

I. Quorum: Five Ccommissioners shall constitute a quorum for the Bboard.

J. Voting: The affirmative vote of five Ccommissioners of the Bboard is required for a decision, including all motions, rules, regulations, and orders of the Bboard.

K. Compensation: The Rrent Sstabilization Bboard shall be a working Bboard. Commissioners shall be paid compensation and benefits in an amount set by the Bboard in order to compensate Ccommissioners for their time and work performed as required by this Cchapter and the Ccity Ccharter.

L. Dockets: The Bboard shall maintain and keep in its office all hearing dockets, which shall be available for public inspection.

M.Vacancies: If a vacancy shall occur on the Bboard, a qualified person to fill such vacancy shall be selected in accordance with the procedures set forth in Article V of the City Charter.

N. Financing: The Bboard shall finance its reasonable and necessary expenses by charging landlords annual registration fees in amounts deemed reasonable by the Bboard. The registration fee for partially-exempt units shall reasonably approximate the cost of registration and counseling services for such units, and shall not include the cost of services from which such units are exempt. Such registration fees shall not be passed on to tenants in the form of rent increases except with the express prior approval of the Bboard. The Bboard is also empowered to request and receive funding, when and if necessary, from the Ccity of Berkeley and/or any other available source for its reasonable and necessary expenses, including expenses incurred at the request of the City.

O. Staff: The Bboard shall be a working Bboard and shall employ such staff as may be necessary to perform its functions efficiently and as provided by Berkeley Ordinance.

P. Registration: The Bboard shall require the registration of all rental units covered by this chapter as provided for in Section 13.76.080. The Bboard may also require landlords to provide current information supplementing their registration statements.

Q. Decontrol: If the annual average vacancy rate for all rental units in the city of Berkeley exceeds five percent over a six month period, the city council is empowered, upon request by the board, at its discretion and in order to achieve the purposes of this chapter, to exempt rental units covered by this chapter from Sections 13.76.080, 13.76.100, 13.76.110 and

13.76.120 of this chapter. In determining the vacancy rate for the city of Berkeley the board and the city council shall consider all available data and may conduct their own survey. If units are exempted pursuant to this Subsection Q coverage shall be reimposed if the city council finds that the average annual vacancy rate has thereafter fallen below five percent.

Prior to any decision to exempt or renew coverage for rental units under this Subsection Q the board shall hold at least two public hearings.

QR. Conflict of Interest: Commissioners shall be subject to the requirements of the California Political Reform Act and other applicable state and local conflict of interest codes.

Commissioners shall not necessarily be disqualified from exercising any of their powers and duties on the grounds of a conflict of interest solely on the basis of their status as a landlord or tenant. However, a commissioner shall be disqualified from ruling on a petition for an individual adjustment of a rent ceiling under Section 13.76.120, where the commissioner is either the landlord of the property or a tenant residing in the property that is involved in the petition.

13.76.070 Security deposits.

Any payment or deposit of monies by the tenant, the primary function of which is to secure the performance of a rental agreement or any part of such agreement, including an advance payment of rent, shall be held by the landlord, in a fiduciary capacity for the benefit of the tenant and shall accrue simple interest at the rate equal to the average rates of interest paid on six- month certificates of deposit by banks doing business in the City of Berkeley until such time as the payment or deposit is returned to the tenant or entitled to be used by the landlord as provided in Civil Code Section 1950.5. The interest accrued by said payment or deposit through October 31st of each year shall be returned to the tenant annually in December of each year, either through a rent rebate or cash payment, and shall be at a rate equal to the 12-month average of the average rates of interest paid on six-month certificates of deposit by banks doing business in the City of Berkeley on the first business day of each month for the prior 12 months ending on November 1st, rounded to the nearest tenth. On or before November 15th of each year, the Bboard shall give public notice of the rate to be effective for the following December.

Upon the tenant’s departure from the premises, the balance of any interest accrued since the last October 31st shall be paid at the average monthly rate from the last November 1st to the

date of departure and shall be returned to the tenant along with the appropriate part of the principal and any prior unpaid interest. The Bboard shall compute and publicize the interest rate applicable under this section on an ongoing basis.

13.76.080 Rent registration.

A. The Bboard shall require all landlords subject to the provisions of this chapter prior to November 3, 2020, to file a rent registration statement with the Bboard by September 1, 1980 for each rental unit covered by this Cchapter, except for Fully-Exempt Units as set forth in Section 13.76.050.C. The board shall require all landlords subject to Subsections

13.76.050I. and 13.76.050O. of this chapter to file a rent registration statement with the board for each rental unit covered by this chapter as outlined in Subsection 13.76.080L. A property owner who owns only one residential unit in the City of Berkeley, and occupied that residential unit for 365 consecutive days as their principal residence immediately prior to renting the unit, and is absent from the unit for a period not to exceed 24 months, and such period is specified in the lease, shall also be exempt from the terms of Section 13.76.080, Rent Registration, of this Chapter and need not file a rent registration statement for the subject rental unit.

B. Landlords shall provide in their initial rent registration statement the following information:
(1) The address of each rental unit;
(2) The name and address of the landlord(s) and the managing agent, if any; (3) The date on which the landlord received legal title to or equitable interest in the rental unit;
(4) The housing services provided for the rental unit;
(5) The rent in effect on June 6, 1978;
(6) The rent in effect on December 30, 1979;
(7) The base rent ceiling;
(8) The lowest rent in effect between June 6, 1978, and the date of the adoption of this Cchapter;
(9) The amount of any deposits or other monies in addition to periodic rent demanded or received by the landlord in connection with the use or occupancy of the rental unit; (10)Whether the rental unit was vacant or occupied on May 31, 1980;

(11)Rent in effect on December 31, 1981.

C. All rent registration statements provided by landlords in accordance with this Cchapter shall include an affidavit signed by the landlord declaring under penalty of perjury that the information provided in the rent registration statement is true and correct.

D. Notice at Commencement of Tenancy. The landlord of any rental unit subject to this section must give the tenant a written notice on a form prescribed by the Board within 15 days of the commencement of the tenancy. The form shall include the following information:
(1) The existence and scope of this Chapter;
(2) The tenant's rights to petition against certain rent increases, if applicable; (3) Whether the landlord is permitted to set the initial rent and subsequent rents during the tenancy without limitation (such as pursuant to California Civil Code Sections 1947.12 and 1954.52); and
(4) Any provisions of this Chapter which the landlord claims the rental unit to be exempt from.

If rental units subject to this Chapter are located in a property with an interior common area that all of the building's tenants have access to, the landlord must post a notice containing the information in subparagraph (1) and, if applicable to all units at the property, the information in subparagraphs (2) through (4).

All registration statements under this section shall include an affidavit signed by the landlord declaring under penalty of perjury that the landlord has provided this notice at the commencement of the current tenancy. A landlord that has failed to provide a notice pursuant to this subsection shall not be in compliance with this section.

E. Vacancy Registration. Any landlord who rents a unit to a new tenant after January 1, 1996, shall re-register the rental unit with the Board within fifteen (15) days of the commencement of a new tenancy on a form prescribed by the Board. Re-registering the unit shall include providing all current tenancy information as established by the Board's Regulations.

D. The first annual registration fee of twelve dollars per unit shall be paid by the landlords to the board no later than September 1, 1980. Subsequent annual registration fees set in accordance with Section 13.76.060N of this chapter shall be paid no later than July 1 of each year. Because fees charged in years prior to 1991 were due on September 1, but paid for board expenses from each preceding July 1, the fee due 1991 shall be calculated to pay for twelve months of board expenses.

FE. The Bboard shall provide forms for the registration information required by this section and shall make other reasonable efforts to facilitate the fulfillment of the requirements set forth in this section.

GF. Every annual registration fee required by this Cchapter which is not paid on or before July 1 is declared delinquent, and the Bboard shall add to said registration fee and collect a penalty of one hundred percent of the fee so delinquent in addition to the fee. Every six months that the fee and penalty remain delinquent, the penalty shall be increased by one hundred percent of the original fee. The Bboard may waive the penalty if payment is made within thirty days of the original due date.

A landlord may request the Bboard to waive all or part of the penalty if he/shethe landlord can show good cause for the delinquent payment.

HG. The amount of any registration fee, and penalty, and fine imposed by the provisions of this chapter shall be deemed a debt to the Ccity Board.

IH. Within thirty days after the filing of a rent registration statement, the Bboard shall provide a true and correct copy of said statement to the occupant of the respective unit.

JI. Landlords of formerly exempt units shall register within 60sixty days of coming under coverage of this Cchapter. The registration fee for this first-time registration shall be pro-rated based upon the number of months remaining to the next July 1 annual registration deadline.

KJ. No landlord shall be deemed to be in compliance with this Ssection with respect to a given unit until the landlord has completed registration for all covered units in the same property.

Registration shall be deemed complete when all required information has been provided, any notice required by subsection 13.76.080.D has been provided to the Board, and all outstanding fees and penalties have been paid.

LK. Registration fees shall not be passed along to the tenants without the express, prior approval of the Bboard. Under no circumstances shall penalties be passed along to tenants.

ML. Landlords of Ppartially-Coveredexempt Uunits (set forth above in Section 13.76.050.B s

13.76.050I. and 13.76.050O.) shall register within sixty 60 days of coming under coverage of this Cchapter. The registration fee for this first-time registration shall be pro-rated based upon the number of months remaining to the next July 1 annual registration deadline.

13.76.090 Confidentiality of information submitted to Board.

The Bboard shall adopt rules and regulations providing for the confidentiality of information submitted to the Bboard in support of a petition for an individual rent ceiling adjustment under

Section 13.76.120 of this Cchapter when such confidentiality is deemed necessary by the Bboard and where otherwise permitted by state law.

13.76.100 Establishment of base rent ceiling and posting.

A. Base Rent Ceiling. Upon adoption of this Cchapter, no landlord shall charge rent for any rental unit covered by the terms of this Cchapter affecting rents in an amount greater than the lawful rent which was actually due and payable on, or last preceding, May 31, 1980, under the periodic term of the rental agreement, in accordance with the provisions of the Temporary Rent Stabilization Ordinance, No. 5212-N.S., except as permitted by the Bboard under Sections

13.76.110 and 13.76.120 of this Cchapter. Such lawful rent in effect on May 31, 1980, is the base rent ceiling and is a reference point from which the rent ceiling shall be adjusted in accordance with Sections 13.76.110 and 13.76.120. For such rental units where no rent was in effect on May 31, 1980, the base rent ceiling shall be the most recent lawful periodic rent in effect for that rental unit during the six months preceding that date. For such rental units where no periodic rent was in effect on May 31, 1980, or during the six months preceding that date and no other rent has been certified or determined by the Bboard after hearing, the base rent ceiling shall be the first periodic rent charged following May 31, 1980.

B. Posting. The Bboard may establish reasonable rules and regulations for the posting of rent ceiling and other relevant information to further the purposes of this Cchapter.

C. Previously Exempt Units. For rental units specified in Section 13.76.050.C.9,

13.76.050.F., the base rent ceiling shall be the rent in effect on December 31, 1981on June 1, 1980. For such rental units where the landlord lawfully established a new initial rent any time after January 1, 1996, the most recently established initial rent shall become the unit’s base rent ceiling and the reference point from which the rent ceiling shall be adjusted in accordance with Sections 13.76.110 and 13.76.120. Initial rent shall mean the first periodic rental rate established for the existing tenancy.

For such rental units where no rent was in effect on December 31, 1981, the base rent ceiling shall be the most recent lawful periodic rent in effect for that rental unit during the six months preceding that date. For such rental units where no periodic rent was in effect on December 31, 1981, or during the six months preceding that date and no other rent has been certified or determined by the Bboard after hearing, the base rent ceiling shall be the first periodic rent charged following December 31, 1981.

D. Vacancy Rent Increases Preserved. This subdivision shall apply to the extent that state law no longer mandates that a landlord may establish the initial rental rate for any tenancy in a unit that is otherwise subject to a residential rent control ordinance. For such rental units where the landlord lawfully established a new initial rent under the Costa-Hawkins Rental Housing Act (Civil Code Section 1954.50 et seq.), the Base Rent Ceiling shall be the most recent lawfully

established periodic rent. For such rental units that were exempt from rent stabilization pursuant to the Costa-Hawkins Rental Housing Act, the Base Rent Ceiling shall be the most recent lawfully established periodic rent.

E. Utilities. A tenant may only be responsible for utilities if: 1) the utility charge is included in the base rent and does not increase during the tenancy; 2) the utility service is separately or individually metered and the lease agreement requires that the tenant registers the utility account in their own name; or 3) the utility service is in compliance with Board regulations, specifying other technologies, mechanisms, or policies that the Rent Board deems functionally similar to separate and individual metering.

This prohibition shall not apply to leases entered into before February 6, 2024 to the extent that the lease provides that the tenant shall pay for one or more utility. For all other tenancies, this prohibition shall apply regardless of whether the written lease allows for split utility charges or ration utility billing services. In the event a lease entered into after February 6, 2024 charges the tenant for utilities in violation of this section, the landlord may petition pursuant to Section

13.76.120 of this Chapter to adjust the rent ceiling to include the average cost of utilities for the unit.

13.76.110 Annual general adjustment of rent ceilings.

A. Effective January 1 of each year, the rent ceiling for all rental units covered by this Cchapter for which the landlord did not establish an initial rent during the prior calendar year shall be adjusted by 65% of the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) in the San Francisco-Oakland-San Jose region as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics, for the twelve month period ending the previous June 30. In determining the allowable percentage rent increase, numbers of .04 and below shall be rounded down to the nearest tenth decimal place and numbers of .05 and above shall be rounded up to the nearest tenth decimal place. In no event, however, shall the allowable annual adjustment be less than zero (0%) or greater than sevenfive percent (75%).

The Bboard shall publish and publicize the annual general adjustment on or about October 31st of each year.

B. An upward general adjustment in rent ceilings does not automatically provide for a rent increase. Allowable rent increases pursuant to a general upward adjustment shall become effective only after the landlord gives the tenant at least a 30 days written notice of such rent increase and the notice period expires.

C. If the maximum allowable rent specified under this Cchapter for a rental unit is greater than the rent specified for such unit in the rental agreement, the lower rent specified in the rental

agreement shall be the maximum allowable rent until the rental agreement expires. If the maximum allowable rent specified under this Cchapter for a rental unit is less than the rent specified for such unit in the rental agreement, the lower rent specified under this Cchapter shall be the maximum allowable rent.

D. No rent increase pursuant to an upward general adjustment of a rent ceiling shall be effective if the landlord:

1. Has continued to fail to comply, after order of the Bboard, with any provisions of this Cchapter and/or orders or regulations issued thereunder;, or

2. Has failed to bring the rental unit into compliance with the implied warranty of habitability;, or

3. Has failed to make repairs as ordered by the housing inspection services of the City of Berkeley,; or

4. Has failed to completely register by July 1, except as provided in Subsection E. below.

E. The amount of an upward general adjustment for which a landlord shall be eligible shall decrease by ten percent (10%) per month for each month beyond October 1 for which the landlord fails to register.

F. An owner who has previously been out of compliance with the ordinance, regulations, or applicable housing, health and safety codes, and has been denied Annual General Adjustments, may be granted them prospectively as set forth in Rent Board rRegulations.

13.76.120 Individual adjustments of rent ceilings.

A. Petitions. Upon receipt of a petition by a landlord and/or tenant, the rent ceiling of individual controlled rental units may be adjusted upward or downward in accordance with the procedures set forth elsewhere in this Ssection. The petition shall be on the form provided by the Bboard. The Bboard may set a reasonable per unit fee based upon the expenses of processing the petition to be paid by the petitioner at the time of filing. No petition shall be filed before September 1, 1980. Notwithstanding any other provision of this Ssection, the Bboard or hearing examiner may refuse to hold a hearing and/or grant an individual rent ceiling adjustment for a rental unit if an individual hearing has been held and decision made with regard to the rent ceiling for such unit, within the previous six months.

B. Hearing Procedure. The Bboard shall enact rules and regulations governing hearings and appeals of individual adjustments of rent ceilings which shall include the following:

1. Hearing Examiner. A hearing examiner appointed by the Bboard shall conduct a hearing to act upon the petition for individual adjustments of rent ceilings and shall have the power to administer oaths and affirmations.

2. Notice. The Bboard shall notify the landlord if the petition was filed by the tenant, or the tenant, if the petition was filed by the landlord, of the receipt of such a petition and a copy thereof.

3. Time of Hearing. The hearing officer shall notify all parties as to the time, date and place of the hearing.

4. Records. The hearing examiner may require either party to an individual rent ceiling adjustment hearing to provide it with any books, records and papers deemed pertinent in addition to that information contained in registration statements. The hearing examiner shall conduct a current building inspection and/or request the City to conduct a current building inspection if the hearing examiner finds good cause to believe the Bboard’s current information does not reflect the current condition of the controlled rental unit. The tenant may request the hearing examiner to order such an inspection prior to the date of the hearing. All documents required under this section shall be made available to the parties involved prior to the hearing at the office of the Bboard. In cases where information filed in a petition for an individual rent ceiling adjustment or in additional submissions filed at the request of the hearing examiner is inadequate or false, no action shall be taken on said petition until the deficiency is remedied.

5. Open Hearings. All individual rent ceiling adjustment hearings shall be open to the public.

6. Right of Assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, Tenant Association, recognized tenant organization representatives or any other persons designated by said parties.

7. Hearing Record. The Bboard shall make available for inspection and copying by any person an official record which shall constitute the exclusive record for decision on the issues at the hearing. The record of the hearing, or any part of one, shall be obtainable for the cost of copying. The record of the hearing shall include: all exhibits, papers and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions, orders and/or rulings; all final decisions, orders and/or rulings, and the reasons for each final decision,

order and/or ruling. Any party may have the proceeding tape recorded or otherwise transcribed at his or her own expense.

8. Quantum Burden of Proof and Notice of Decision. No individual rent ceiling adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing. All parties to a hearing shall be sent a notice of the decision and a copy of the findings of fact and law upon which said decision is based. At the same time, parties to the proceedings shall also be notified of their right to and the time limit for any appeal allowed by the Bboard and/or to judicial review of the decision pursuant to this Ssection and Section 13.76.180 of this Cchapter.

9. Consolidation. All landlord petitions pertaining to tenants in the same building shall be consolidated for hearing, and all petitions filed by tenants occupying the same building shall be consolidated for hearing unless there is a showing of good cause not to consolidate such petitions.

10.Appeal. Any person aggrieved by the decision of the hearing examiner may appeal to the Bboard or to any appeals panel of the Bboard established by the Bboard, so long as such panel has at least three Ccommissioners. On appeal the Bboard or panel shall affirm, reverse, remand, or modify the decision of the hearing examiner. The Bboard or panel may conduct a new (de novo) hearing or may act on the basis of the record before the hearing examiner without holding a hearing. An appeal to the Bboard shall be filed no later than thirty days after receipt of the notice of the decision of the hearing examiner. The Bboard may set a reasonable appeal fee to be paid by the appellant at the time of filing the appeal.

11.Finality of Decision. The decision of the hearing examiner shall be the final decision of the Bboard in the event of no appeal to the Bboard. The decision of the hearing examiner shall not be stayed pending appeal; however, in the event that the Bboard or panel reverses or modifies the decision of the hearing examiner, the Bboard shall order the appropriate party to make retroactive payments to restore the parties to the position they would have occupied had the hearing examiner’s decision been the same as that of the Bboard’s.

12.Time for Decision. The rules and regulations adopted by the Bboard shall provide for final Bboard action on any individual rent adjustment petition within 120 days following the date of filing of the individual rent ceiling adjustment petition, unless the conduct of the petitioner or other good cause is responsible for the delay.

13.Board Action in Lieu of Reference to Hearing Examiner. The Bboard, on its own motion or on the request of any landlord or tenant, may hold a hearing on an individual petition for a rent ceiling adjustment without the petition first being heard by a hearing examiner.

C. In making individual adjustments of the rent ceiling, the Bboard or the hearing examiner shall consider the purposes of this Cchapter and shall specifically consider all relevant factors, including (but not limited to):

1. Increases or decreases in property taxes;

2. Unavoidable increases or any decreases in maintenance and operating expenses;

3. The cost of planned or completed capital improvements to the rental unit (as distinguished from ordinary repair, replacement and maintenance) where such capital improvements are necessary to bring the property into compliance or maintain compliance with applicable local code requirements affecting health and safety, and where such capital improvement costs are properly amortized over the life of the improvement:;

4. Increases or decreases in the number of tenants occupying the rental unit, living space, furniture, furnishings, equipment, or other housing services provided, or occupancy rules;

5. Substantial deterioration of the controlled rental unit other than as a result of normal wear and tear;

6. Failure on the part of the landlord to provide adequate housing services, or to comply substantially with applicable state rental housing laws, local housing, health and safety codes, or the rental agreement;

7. Whether parties conferred in good faith relating to housing services and conditions, landlord-tenant relations, rent increases, and other issues of common interest or concern;

87. The pattern of recent rent increases or decreases;

98. The landlord’s rate of return on investment. In determining such return, all relevant factors, including but not limited to the following shall be considered: the landlord’s actual cash down payment, method of financing the property, and any federal or state tax benefits accruing to the landlord as a result of ownership of the property.; 10 9. Whether or not the property was acquired or is held as a long-term or short-term investment; and

11 10. Whether or not the landlord has received rent in violation of the terms of this chapter or has otherwise failed to comply with the Cchapter.

It is the intent of this Cchapter that individual upward adjustments in the rent ceilings on units be made only when the landlord demonstrates that such adjustments are necessary to provide the landlord with a fair return on investment.

D. No individual upward adjustment of a rent ceiling shall be authorized by the Bboard by reason of increased interest or other expenses resulting from the landlord’s refinancing the rental unit if, at the time the landlord refinanced, the landlord could reasonably have foreseen that such increased expenses could not be covered by the rent schedule then in existence, except where such refinancing is necessary for the landlord to make capital improvements which meet the criteria set forth in Section 13.76.120 C.3. This paragraph shall only apply to that portion of the increased expenses resulting from the refinancing that were reasonably foreseeable at the time of the refinancing of the rental unit and shall only apply to rental units refinanced after the date of adoption of this Cchapter.

E. Except for cases of individual hardship as set forth in Subsection 13.76.120 I. of this Cchapter, no individual upward adjustment of a rent ceiling shall be authorized by the Bboard because of the landlord’s increased interest or other expenses resulting from the sale of the property, if at the time the landlord acquired the property, the landlord could have reasonably foreseen that such increased expenses would not be covered by the rent schedule then in effect. This Subsection (13.76.120 E.) shall only apply to rental units acquired after the date of adoption of this Cchapter.

F. No upward adjustment of an individual rent ceiling shall be authorized by the Bboard under this Ssection if the landlord:

1. Has continued to fail to comply, after order of the Bboard, with any provisions of this Cchapter and/or orders or regulations issued thereunder by the Bboard;, or

2. Has failed to bring the rental unit into compliance with the implied warranty of habitability,
G. Allowable rent increases pursuant to an individual upward adjustment of the rent ceiling shall become effective only after the landlord gives the tenant at least a 30 day written notice of such rent increase and the notice period expires.

H. If the Bboard makes a downward individual adjustment of the ceiling, such rent decrease shall take effect no later than 30 days after the effective date set by the Bboard for the downward adjustment.

I. No provision of this Cchapter shall be applied so as to prohibit the Bboard from granting an individual rent adjustment that is demonstrated necessary by the landlord to provide the landlord with a fair return on investment.

13.76.130 Good Just cause required for eviction.

A. No landlord shall be entitled to recover possession of a rental unit covered by the terms of this chapter unless said landlord shows the existence of one of the following grounds:

1. Non-payment of Rent. The tenant has failed to pay rent to which the landlord is legally entitled pursuant to the lease or rental agreement and under the provisions of state or local law, unless the tenant has withheld rent pursuant to applicable law; and said failure has continued after service on the tenant of a written notice setting forth the amount of rent then due and requiring it to be paid, within a period, specified in the notice, of not less than three days. Rent that is lawfully withheld pursuant to emergency legislation that authorizes rent withholding during the effective period of a state of emergency applicable in Berkeley the City shall not constitute grounds for recovery of possession except as expressly provided in the applicable emergency legislation. Emergency legislation adopted during the emergency may prohibit recovery of possession for lawfully withheld rent even after the expiration of a state or local emergency. This subsection shall not constitute grounds where the amount of rent demanded is less than one month of fair market rent for a unit of equivalent size in the metro area Oakland-Fremont, CA HUD Metro FMR as determined by the U.S. Department of Housing and Urban Development for the fiscal year in which the rent is demanded.

2. Substantial Violation of Material Lease Causing Actual Injury. The tenant has continued, after written notice to cease, to substantially violate any of the material terms of the rental agreement, except the obligation to surrender possession on proper notice as required by law, and provided that such terms are reasonable and legal and have been accepted in writing by the tenant or made part of the rental agreement; and provided further that, where such terms have been accepted by the tenant or made part of the rental agreement subsequent to the initial creation of the tenancy, the landlord shall have first notified the tenant in writing that he or she need not accept such terms or agree to their being made part of the rental agreement.

Material terms of the rental agreement only include those terms of the rental agreement which both parties have expressly agreed upon and do not include any changes of the terms of tenancy, other than the amount of rent owing for the premises, which the landlord has attempt to impose unilaterally under Civil Code Section 827.

In order to assert this ground for eviction, the landlord must demonstrate all of the following:
that the tenant's lease violation caused substantial actual damage to the landlord; and that the tenant's behavior was unreasonable.

Actual injury must be a direct result of the tenant’s breach of lease and is not limited to physical or personal injury. Substantial actual injury includes but is not limited to the harm caused by a tenant’s failure to comply with income recertification mandated by state or federal statute or regulation for deed-restricted affordable housing units.

Notwithstanding any contrary provision in this Cchapter or in the rental agreement, a landlord is not entitled to recover possession of a rental unit under this Ssubsection where a tenant permits his or her rental unit to be occupied by a subtenant, provided:
(a) The landlord has unreasonably withheld consent to the subtenancy; and (b) The tenant remains an actual occupant of the rental unit; and (c) The number of tenants and subtenants actually occupying the rental unit does not exceed the number of occupants originally allowed by the rental agreement or the Bboard’s regulations, whichever is greater.
(d) Withholding of consent by the landlord shall be deemed to be unreasonable where:
i. The tenant’s written request for consent was given at least two weeks prior to commencement of the subtenancy;
ii. The proposed new subtenant has, upon the landlord’s written request, completed the landlord’s standard form application or provided sufficient information to allow the landlord to conduct a standard background check, including references and credit, income and other reasonable background information; and iii. The proposed new subtenant meets the landlord’s customary occupancy qualifications and has not refused the landlord’s request to be bound by the terms of the current rental agreement between the landlord and the tenant; and iv. The landlord has not articulated in writing a well-founded reason for refusing consent.

Any notice to cease given pursuant to this Subsection must state allegations in sufficient detail so that a reasonable person would understand the alleged violation and resulting injury, including the specific term of the lease allegedly violated, the date of the alleged violation, and the injury that occurred as a result of the alleged violation.

3. Substantial Damage to Premises. The tenant has willfully caused or allowed substantial damage to the premises beyond normal wear and tear and has refused, after written notice, to pay the reasonable costs of repairing such damage and cease damaging said premises.

4. The tenant has refused to agree to a new rental agreement upon expiration of a prior rental agreement, but only where the new rental agreement contains provisions that are substantially identical to the prior rental agreement, and is not inconsistent with local, state and federal laws.

45. Destruction of Peace. The tenant has continued, following written notice to cease, to be so disorderly as to destroy the peace and quiet of other tenants or occupants of the premises or the tenant is otherwise subject to eviction pursuant to subdivision 4 of Code of Civil Procedure Section 1161.

56. Refusal of Lawful Access to Unit. The tenant has, after written notice to cease, refused the landlord access to the unit as required by state or local law.

67. Substantial and Necessary Repairs.
(a) The landlord, after having obtained all necessary permits from the City of Berkeley, seeks in good faith to undertake substantial repairs which are necessary to bring the property into compliance with applicable codes and laws affecting the health and safety of tenants of the building or where necessary under an outstanding notice of code violations affecting the health and safety of tenants of the building, and where such repairs cannot be completed while the tenant resides on the premises. (b) Where such repairs can be completed in a period of 60 or fewer days, and the tenant, within 30 days after the service of a notice of termination of his or her tenancy, agrees in writing to vacate the premises during the period required to complete the repairs at no charge to the landlord, other than abatement of the obligation to pay rent for the premises during the period required to complete the repairs, the landlord may not recover possession pursuant to this Ssubsection (13.76.130A.67.) unless the tenant shall fail or refuse to vacate the premises in accordance with such agreement. (c) Where the landlord owns any other residential rental units in the City of Berkeley, and any such unit is vacant and available at the time of premises or the entry of a judgment by a court of competent jurisdiction awarding possession of the premises to the landlord, the landlord shall, as a condition of obtaining possession pursuant to this Ssubsection (13.76.130A.67.), notify tenant in writing of the existence and address of each such vacant rental unit and offer tenant the right, at the tenant’s option:

i. To enter into a rental agreement (to be designated as a "temporary rental agreement") on any available rental unit which the tenant may choose, at a rent not to exceed the lesser of the lawful rent which may be charged for such available rental unit or the lawful rent in effect, at the time of the notice of termination of tenancy, on the unit being vacated, said rental agreement to be for a term of the lesser of ninety days or until completion of repairs on the rental unit being vacated by tenant; or
ii. To enter into a new rental agreement or lease for such available rental unit at a rent not to exceed the lawful rent which may be charged for such available rental unit.
(d) Where the landlord recovers possession under this subsection 13.76.130A.(67.), the tenant must be given the right of first refusal to re-occupy the unit upon completion of the required work. In the event the landlord files an application for an individual rent adjustment within six months following the completion of the work, the tenant shall be a party to such proceeding the same as if he or she were still in possession, unless the landlord shall submit, with such application, a written waiver by the tenant of his or her right to re-occupy the premises pursuant to this Ssubsection.

78. Demolition Permit Issued by the City. The landlord, after having obtained all necessary permits from the City of Berkeley, seeks in good faith to recover possession of the rental unit, in order to remove the rental unit from the market by demolition.

89. Owner Move-in Evictions.
(a) The landlord seeks in good faith with honest intent and without ulterior motive to recover possession for his/her own use and occupancy as his/her principal residence for a period of at least 36 consecutive months; or
(b) For the use and occupancy as the principal residence by the landlord’s spouse or by the landlord’s child, or parent for a period of at least 36 consecutive months. (c) For the purposes of this Ssubsection (13.76.130A.89.), the term landlord shall be defined as the owner of record, as of the time of giving of a notice terminating tenancy, and at all times thereafter to and including the earlier of the tenant’s surrender of possession of the premises or the entry of a judgment of a court of competent jurisdiction awarding possession of the premises to the landlord, holding at least a 50% interest in the property and shall not include a lessor, sublessor, or agent of the owner of record.

(d) All notices terminating tenancy pursuant to subsection 13.76.130.A.79 shall include the following: the existence and potential availability of relocation assistance under subsection 13.76.130A.89.g; the existence of tenant protections for families with minor children as defined in Ssubsection 13.76.130A.89.k; the name and relationship of any qualified relative for purposes of Ssubsection 13.76.130A.8.9b; and the landlord’s ownership interest in any residential properties in the City of Berkeley where such interest, in any form whatsoever, is ten percent (10%) or greater. The landlord shall, within ten days of giving notice, file a copy of the notice terminating tenancy with the Rent Board.
(e) The landlord may not recover possession under this Ssubsection (13.76.130A.89.) if a comparable unit, owned by the landlord in the City of Berkeley, was, at the time of the landlord’s decision to seek to recover possession of the rental unit, already vacant and available, or if a comparable unit, owned by the landlord in the City of Berkeley, thereafter becomes vacant at any time until the earlier of the tenant’s surrender of possession of the premises or the entry of a judgment of a court of competent jurisdiction awarding possession of the premises to the landlord. In an action by or against the tenant, evidence that a comparable unit was vacant and available within ninety days prior to the date of a notice terminating the tenant’s tenancy shall create a presumption that such unit was vacant and available at the time of the landlord’s decision to seek to recover possession of the premises. "Presumption" means that the court must find the existence of the presumed fact unless and until the contrary is proven by a preponderance of the evidence.
(f) The landlord shall offer any non-comparable unit owned by the landlord to the tenant if a non-comparable unit becomes available before the recovery of possession of the tenant’s unit at a rate based on the rent the tenant is paying with an upward or downward adjustment based on the condition, size, and other amenities of the replacement unit. Disputes concerning the initial rent for the replacement unit shall be determined by the Rent Board.
(g) Where a landlord recovers possession of a unit under Ssubsection

13.76.130A.89, the landlord is required to provide standard relocation assistance to tenant households where at least one occupant has resided in the unit for one year or more in the amount of $15,000. The landlord is required to provide an additional $5,000 relocation assistance to tenant households that qualify as low-income; or include disabled or elderly tenants; minor children; or tenancies which began prior to January 1, 1999. The relocation fees set forth above shall be increased in accordance with the rules set forth in Ssubsection

13.76.130A.79.h below. The procedures for payment of this relocation assistance are set forth below in Ssubsection 13.76.130A.79.p.(i) through (iv). The following definitions apply for any tenant households evicted for owner move-in under Ssubsection

13.76.130A.89:
i. "Low-income tenants" means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in Health and Safety Code Section 50079.5. ii.A person is "disabled" if he/shethat person has a physical or mental impairment that limits one or more of a person’s major life activities within the meaning of the California Fair Housing and Employment Act (Government Code § 12926). iii. "Elderly" is defined as sixty (60) years of age or older. iv. "Minor child" means a person who is under 18 years of age. v."Tenancy began prior to January 1, 1999" is a tenancy where an "original occupant" (as defined by Berkeley Rent Board rRegulation) still permanently resides in the rental unit.
(h) Effective January 1 of each year beginning in 2018, the fees set forth above in Ssubsection 13.76.130A.89.g., shall may be increased in an amount based on the Consumer Price Index - All Urban Consumers in the San Francisco-Oakland-San Jose Region averaged for the 12-month period ending June 30, of each year, as determined and published by United States Department of Labor. Any increase shall be published by the Board on or before October 31st of each year.
(i) It shall be evidence that the landlord has acted in bad faith if the landlord or the landlord’s qualified relative for whom the tenant was evicted does not move into the rental unit within three months from the date of the tenant’s surrender of possession of the premises or occupy said unit as his/her principal residence for a period of at least 36 consecutive months.
(j) Once a landlord has successfully recovered possession of a rental unit pursuant to Ssubsection 13.76.130A.89.a., then no other current or future landlords may recover possession of any other rental unit on the property pursuant to Ssubsection

13.76.130A.89.a. It is the intention of this subsection that only one specific unit per property may be used for such occupancy under Ssubsection 13.76.130A.89.a and that once a unit is used for such occupancy, all future occupancies under Ssubsection

13.76.130A.89.a must be of that same unit.

(k) A landlord may not recover possession of a unit from a tenant under Ssubsection

13.76.130A.89 if any tenant in the rental unit has a custodial or family relationship with a minor child who is residing in the unit, the tenant with the custodial or family relationship has resided in the unit for 12 months or more, and the effective date of the notice of termination of tenancy falls during the school year. The term "school year" as used in this subsection means the first day of instruction for the Fall Semester through the first day of the month following the last day of instruction for the Spring Semester, as posted on the Berkeley Unified School District website for each year.
i. For purposes of Ssubsection 13.76.130A.89.k, the term "custodial relationship" means that the person is a legal guardian of the child, or has a caregiver’s authorization affidavit for the child as defined by Section 6550 of the California Family Code, or that the person has provided full-time custodial care of the child pursuant to an agreement with the child’s legal guardian or court-recognized caregiver and has been providing that care for at least one year or half of the child’s lifetime, whichever is less. The term "family relationship" means that the person is the biological or adoptive parent, grandparent, brother, sister, aunt or uncle of the child, or the spouse or domestic partner of such relations. (l) A landlord may not recover possession of a unit from a tenant under Ssubsection

13.76.130A.89 if any tenant in the rental unit:
i. Is 60 years of age or older and has been residing on the property for five years or more; or
ii. Is disabled and has been residing on the property for five years or more; or iii. Has resided on the property for five years or more and the landlord has a ten percent (10%) or greater ownership interest, in any form whatsoever, in five or more residential rental units in the City of Berkeley.
(m) A tenant who claims to be a member of one of the classes protected by Ssubsection 13.76.130A.89.l must submit a statement, with supporting evidence, to the landlord. A tenant’s failure to submit a statement at any point prior to the trial date of an unlawful detainer action for possession of the tenant’s unit shall be deemed an admission that the tenant is not protected by Ssubsection 13.76.130A.89.l. A landlord may challenge a tenant’s claim of protected status by raising it as an issue at trial in an unlawful detainer action for possession of the tenant’s unit. (n) The provisions of Ssubsection 13.76.130A.89.l shall not apply to the following situations:

i. Where a person is the owner of three or fewer residential units in the City of Berkeley and has no greater than a nine percent (9%) ownership interest in any other residential unit in the City of Berkeley; or
ii.Where each residential rental unit in the CityBerkeley in which the landlord holds an ownership interest of ten percent (10%) or greater is occupied by a tenant otherwise protected from eviction by Ssubsection 13.76.130A.89.I and the landlord’s qualified relative who is seeking possession of a unit subject to Ssubsection 13.76.130A.89.b is 60 years of age or older or is disabled as defined in Ssubsection 13.76.130A.89.l.(ii) above; or
iii. Where each residential rental unit in the CityBerkeley in which the landlord holds an ownership interest of ten percent (10%) or greater is occupied by a tenant otherwise protected from eviction by Ssubsection 13.76.130A.89.I, the landlord has owned the unit for which possession is being sought subject to Ssubsection 13.76.130A.89.a for five years or more and is 60 years of age or older or is disabled as defined in Ssubsection 13.76.130A.89.l.(ii). (o) Where a landlord recovers possession under Subsection 13.76.130A.89, the tenant must be given the right of first refusal to re-occupy the unit upon its next vacancy.
(p) When a landlord is required to provide a relocation assistance payment subject to Ssubsection 13.76.130A.89.g, the payment shall be divided among the tenants occupying the rental unit at the time of service of the notice to terminate tenancy. i. Within ten days of service of a notice terminating tenancy under Ssubsection

13.76.130A.89, the landlord shall deposit the standard relocation assistance (for households where an occupant has resided one year or more) with the City or its designated agent to be held in escrow. Within ten days after the funds are deposited into escrow, the City shall release the standard relocation assistance to the tenant household, unless the landlord notifies the Rent Stabilization Program in writing that he/she the landlord disputes the tenant’s eligibility to receive such assistance.
ii. In order to claim entitlement to additional relocation assistance under Ssubsection 13.76.130A.89.g, a tenant must notify the landlord and the Rent Stabilization Program in writing that the tenant he/she is claiming low-income, disabled, elderly, tenant with minor child status, or a claim that the tenancy began prior to January 1, 1999 (hereinafter "entitlement to additional relocation assistance") per Ssubsection 13.76.130A.89.g within 30 days of filing of notice of

termination of tenancy with the Rent Stabilization Program. The landlord shall deposit the additional relocation payment with the Rent Stabilization Program or its designated agent to be held in escrow for any tenant household who claims entitlement to additional relocation assistance within ten days after such notice claiming entitlement to additional relocation assistance is mailed. Within ten days after the funds are deposited into escrow, the Rent Stabilization Program shall authorize release of the relocation assistance to the tenant household that claims entitlement to additional relocation assistance, unless the landlord notifies the Rent Stabilization Program in writing that the landlord he/she disputes the tenant’s eligibility to receive such assistance.
iii. When a tenant household’s eligibility to receive standard or additional relocation assistance as described in Ssubsection 13.76.130A.89.g is disputed, either party may file a Rent Board petition with the Board requesting a determination of eligibility or file a claim in a court of competent jurisdiction. The Board Rent Stabilization Program shall release disputed relocation assistance funds to either the tenant or the landlord upon receipt of either a written agreement by both the landlord and the affected tenant, an order of a court of competent jurisdiction, or an order of a City or Rent Board hearing examiner issued pursuant to a petition process conducted in accordance with applicable Rent Board rRegulations.
iv. The landlord may rescind the notice of termination of tenancy prior to any release of relocation payment to the tenants by serving written notice stating such rescission on the tenants. In such instance, the relocation payment shall be released to the landlord. Subsequent to the release of any relocation payment to the tenants, the landlord may rescind the notice of termination of tenancy only upon the written agreement of the tenants to remain in possession of the rental unit. If the tenants remain in possession of the rental units after service of a landlord’s written notice of rescission of the eviction, the tenants shall provide an accounting to the landlord of the amount of the relocation payment expended for moving costs, return to the landlord that portion of the relocation payment not expended for moving costs, and assign to the landlord all rights to recover the amount of relocation payment paid to third parties. If a rescission occurs under this Ssubsection, the tenant(s) shall continue the tenancy on the same terms as before the notice was served.
v. Where a landlord has served a notice of termination of tenancy on a tenant prior to the date that this amendment takes effect and the notice of termination of tenancy has not expired, the landlord shall deposit the full relocation payment with

the City or its designated agent to be held in escrow for the tenants if the tenants have not vacated the rental unit as of the effective date of this amendment, and the landlord shall pay the full relocation payment to the tenants if the tenants have vacated the rental unit as of the effective date of this amendment. Said deposit in escrow or payment to the tenants shall be made within ten days of the effective date of this amendment.
vi. Failure of the landlord to make any payment specified herein shall be a defense to any action to recover possession of a rental unit based upon the landlord’s termination of tenancy notice pursuant to this Ssubsection (13.76.130A.89). In addition, if the tenants of a rental unit have vacated the unit as a result of a notice of termination of tenancy pursuant to this Ssubsection (13.76.130A.89), and the landlord fails to make any payment specified herein, the landlord shall be liable to the tenants for three times the amount of the payment as well as reasonable attorney fees.
(q) A tenant who prevails in an action brought under this Ssubsection (13.76.130A.89), in addition to any damages and/or costs awarded by the court, shall be entitled to recover all reasonable attorney’s fees incurred in bringing or defending the action.
(r) At least twice annually, Rent Board staff shall report to the Rent Board regarding the occupancy status of units possession of which has been recovered pursuant to this Ssubsection (113.76.130A.89) within the prior 36 months. (s) If any provision or clause of this Ssubsection (13.76.130A.89) or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses, and to this end the provisions and applications of this Ssubsection are severable.
910. Exemption of Temporary Lease of Owner’s Principal Residence. A landlord or lessor seeks in good faith to recover possession of the rental unit for his/hertheir occupancy as a principal residence, where the landlord or lessor has previously occupied the rental unit as his/her their principal residence and has the right to recover possession of the unit for his/her their occupancy as a principal residence under an existing rental agreement with the current tenants.
1011. Expiration of Temporary Rental Agreement for Replacement Housing During Substantial Repairs. The tenant fails to vacate a rental unit occupied under the terms of a temporary rental agreement entered into pursuant to the provisions of Ssubsection

13.76.130A.67.c., following expiration of the term of said temporary rental agreement, and following written notice of the availability of tenant’s previous rental unit for re-occupancy by tenant (if the term of the rental agreement has expired by reason of the completion of repairs on the old rental unit), or of written notice to quit (if the term of the rental agreement has expired by reason of the expiration of a period of 90 days).

B. Contents of Notice to Terminate Tenancy. A landlord’s failure to specify good just cause as listed above in subsections 1. through 11.10. of Section 13.76.130A. in the notice of termination or the notice to quit and in the complaint for possession shall be a defense to any action for possession of a rental unit covered by the terms of this chapter. Any notice terminating tenancy must additionally include a statement that advice regarding the notice terminating tenancy is available from the Rent Board, the current phone number for the Rent Board's housing counseling services, and the current address to the Rent Board's website.

C. Allegation of Notice to Terminate Tenancy In any action to recover possession of a rental unit covered by the terms of this chapter, except an action to recover possession under Ssubsection 13.76.130.A.67., 13.76.130.A.7.8, or 13.76.130.A.1011., a landlord shall allege, as to each rental unit on the property, substantial compliance as of the date of the notice of termination or notice to quit and as of the date of the commencement of the action for possession with the implied warranty of habitability and compliance as of the date of the notice of termination or notice to quit and as of the date of the commencement of the action for possession with Sections 13.76.100 (Rent Ceiling) and 13.76.080 (Rent Registration) of this Cchapter.

D. Filing of Termination Notices and Unlawful Detainer Summons and Complaints. The landlord shall file with the Bboard a copy of any notice of termination, notice to quit, and summons and complaint, within ten days no later than three business days after the tenant has been served with such notice or summons and complaint. The Board may provide an email address to which the landlord may send any notice of termination, notice to quit, and summons and complaint.

13.76.135 Right to Organize.

A. Tenant Association. This section shall be limited to 1) parcels that contain ten or more rental units; and 2) parcels that contain between one and nine rental units, so long as the rental units are managed by a property management company as defined by Board regulation.

Tenants of such a residential rental property may establish a Tenant Association by providing their Landlord a petition signed by Tenants representing at least 50% of the occupied rental units, including Rooming Houses as defined by Board regulation, of the

residential rental property certifying their desire to form a Tenant Association, and identifying the Tenant Association. For purposes of this subsection, a petition may include individual written statements signed by said Tenants or some combination of individual and collective written statements.

B. Confer in Good Faith. Landlords and Tenant Associations shall confer with each other in good faith regarding housing services and conditions, community life, landlord-tenant relations, rent increases, and other issues of common interest or concern. “Confer in good faith” means that the parties shall have the mutual obligation, personally or through their authorized representatives, to meet and confer and continue for a reasonable period of time, in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement. Examples of conferring in good faith include, but are not limited to, maintaining a designated point of contact, engaging in regular communications, responding to reasonable requests for information, allowing participation by non-resident advocates, providing adequate time for limited-English speakers to obtain translation services, providing and adhering to timelines for addressing habitability concerns, and negotiating and putting agreements into writing. In addition, a Landlord may not prohibit a Tenant from allowing a Tenant Association representative to attend meetings involving the Landlord and one or more Tenants. The Board, through regulation, may further define good faith.

C. Organizing Activities. “Organizing Activities” means:

1. initiating contact with tenants, including conducting door-to-door surveys, to ascertain interest in and/or seek support for forming a Tenant Association;

2. joining or supporting a Tenant Association;

3. distributing literature, requesting or providing information, offering assistance, convening meetings (which may occur without a landlord or landlord representative present); or

4. otherwise acting on behalf of one or more tenants in the building regarding issues of common interest or concern.

The term “Organizing Activities” shall include, but is not limited to, the operations of a Tenant Association. A person’s participation or failure to participate in Organizing Activities shall have no effect on whether that person qualifies as a tenant. The Board, through regulation, may further define Organizing Activities. In addition, a tenant’s right to engage in Organizing Activities, to receive assistance from a Tenant Association, and to have Organizing activities occur at the property shall qualify as a housing service, and a landlord’s failure to confer in good faith with a Tenant Association may send the Landlord a single standing request to attend meetings for the duration of the calendar year.

D. A Landlord must on written request of the Tenant Association attend, either themselves or through their representative, at least one Tenant Association meeting per calendar quarter, though more frequent attendance at the request of the Tenant Association is permitted.

Landlord or Landlord's representative must remain in attendance at the meeting until all agenda items are complete, unless the meeting extends for more than two hours, in which case the Landlord or Landlord's representative may withdraw from the meeting and request that the remaining items be continued to a subsequent meeting. These meetings shall occur at a mutually convenient time and place. To request that a landlord or their representative attend a meeting, the Tenant Association shall send the Landlord a written request at least 14 days in advance; alternatively, if the Tenant Association meets at a regularly scheduled time and place, then the Tenant Association may send the Landlord a single standing request to attend meetings for the duration of the calendar year.

E. Private Right of Action. In the event of a violation of this section, any Tenant Association, or individual tenant, aggrieved by the violation may institute a civil proceeding for injunctive relief, and actual money actual damages as specified below, and whatever other relief the court deems appropriate. 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.

13.76.140 Retaliation prohibited.

No landlord may threaten to bring, or bring, an action to recover possession, cause the tenant to quit the unit involuntarily, serve any notice to quit or notice of termination of tenancy, decrease any services, including a tenant’s right to engage in Organizing Activities, or increase the rent where the landlord’s intent is retaliation against the tenant for the tenant’s assertion or exercise of rights under this Cchapter. Such retaliation shall be a defense to an action to recover possession, or it may serve as the basis for an affirmative action by the tenant for actual and punitive damages and injunctive relief. In an action by or against a tenant, evidence of the assertion or exercise by the tenant of rights under this Cchapter within six months prior to the alleged act of retaliation shall create a presumption that the landlord’s act was retaliatory. "Presumption" means that the court must find the existence of the fact presumed unless and until its nonexistence is proven by a preponderance of the evidence. A tenant may assert retaliation affirmatively or as a defense to the landlord’s action without the aid of the presumption regardless of the period of time which has elapsed between the tenant’s assertion or exercise of rights under this Cchapter and the alleged act of retaliation.

13.76.150 Remedies.

A. For Vviolation of Rent Ceilings or Failure to Register. If a landlord fails to register in accordance with Section 13.76.080 of this Cchapter, or if a landlord demands, accepts, receives or retains any payment in excess of the maximum allowable rent permitted by this Cchapter, a tenant may take any or all of the following actions until compliance is achieved:

1. A tenant may petition the Bboard for appropriate relief. If the Bboard, after the landlord has proper notice and after a hearing, determines that a landlord has willfully and knowingly failed to register a rental unit covered by this Cchapter or violated the provisions of Sections

13.76.100, 13.76.110 and 13.76.120 of this Cchapter, the Bboard may authorize the tenant of such rental unit to withhold all or a portion of the rent for the unit until such time as the rental unit is brought into compliance with this Cchapter. After a rental unit is brought into compliance, the Bboard shall determine what portion, if any, of the withheld rent is owed to the landlord for the period in which the rental unit was not in compliance. Whether or not the Bboard allows such withholding, no landlord who has failed to comply with the Cchapter shall at any time increase rents for a rental unit until such unit is brought into compliance.

2. A tenant may withhold up to the full amount of his or her periodic rent which is charged or demanded by the landlord under the provisions of this Cchapter. In any action to recover possession based on nonpayment of rent, possession shall not be granted where the tenant has withheld rent in good faith under this Ssection.

3. A tenant may seek injunctive relief on behalf of herself or himself to restrain the landlord from demanding or receiving any rent on the unit until the landlord has complied with the terms of this Cchapter.

4. A tenant may file a damage suit against the landlord for actual damages when the landlord receives or retains any rent in excess of the maximum rent allowed under this Cchapter. Upon further proof of a bad faith claim by the landlord or the landlord’s retention of rent in excess of the maximum rent allowed by this Cchapter, the tenant shall receive a judgment of up to $750 in addition to any actual damages.

B. For Violation of Eviction Proceedings. If it is shown in the appropriate court that the event which the landlord claims as grounds to recover possession under Subsection

13.76.130A.67., Subsection 13.76.130A.8., Subsection 13.76.130A.79., or Subsection

13.76.130A.810. is not initiated within two months after the tenant vacates the unit, or it is shown the landlord’s claim was false or in bad faith, the tenant shall be entitled to regain possession and to actual damages. If the landlord’s conduct was willful, the tenant shall be entitled to damages in an amount of $750 or three times the actual damages sustained, whichever is greater.

C. Both tThe City Attorney and the Board shall have the separate authority to may bring an action for injunctive relief on behalf of the City or on behalf of tenants seeking compliance by landlords with this Cchapter or.

D. The board may seek injunctive relief to restrain or enjoin any violation of this chapter or of the rules, regulations, orders and decisions of the Bboard.

DE. If a tenant fails to bring a civil or administrative action within 120 days from the date of the first occurrence of a violation of this Cchapter, the Bboard may either settle the claim arising from the violation or bring such action. Thereafter, the tenant on whose behalf the board acted may not bring an action against the landlord in regard to the same violation for which the board has made a settlement or brought an action. In the event the Bboard settles the claim it shall be entitled to retain from any payments made by the landlord, the costs it incurred in settlement, and the tenant aggrieved by the violation shall be entitled to the remainder.

13.76.160 Partial invalidity.

If any provision of this Cchapter or application thereof is held to be invalid, this invalidity shall not affect other provisions or applications of this Cchapter which can be given effect without the invalid provisions or applications, and to this end the provisions and applications of this chapter are severable.

13.76.170 Nonwaiverability.

Any provision in a rental agreement which waives or modifies any provision of this Cchapter is contrary to public policy and void.

13.76.180 Judicial review.

A landlord or tenant aggrieved by any action or decision of the Bboard may seek judicial review in a court of appropriate jurisdiction.

13.76.190 Criminal penalties.

Any landlord who is found by a court of competent jurisdiction to be guilty of a willful violation of Section 13.76.130 of this Cchapter shall be subject to up to a $500 fine and/or 90 days in jail for a first offense and up to a $1000 fine and/or six months in jail for any subsequent offenses.

Section 3. Adoption of Chapter 13.85, the Housing Retention Program. Chapter 13.85 of the Berkeley Municipal Code is hereby added as follows:

13.85.010 Purpose
The purpose of this chapter is to ensure that the City allocates reasonable funding from existing sources to an ongoing Housing Retention Program, whose goal will be to prevent homelessness by ensuring that at-risk residents of the City of Berkeley are able to remain in stable housing.

13.85.020 Funding
The City Manager or their designee shall recommend how and to what extent the City uses revenues from the general fund to fund the Housing Retention Program and prevent homelessness, with a goal of allocating no less than $1,180,000.00 per year for this purpose.

The target allocation shall increase annually to track the increase in the Consumer Price Index for all Bay Area Consumers.

13.85.030 Operations
The City Manager or their designee is authorized to promulgate any necessary rules or regulations to effectuate the Housing Retention Program including eligibility criteria, application procedures, and any other rule or regulation necessary to administer the Program.

Section 4. Severability – Liberal Construction. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this Chapter are declared to be severable. The People of Berkeley declare that they would have adopted this Ordinance and each section, subsection, sentence, clause, or phrase of the Ordinance in spite of the fact that any one or more of the same be declared unconstitutional or invalid. This Chapter shall be liberally construed to achieve the purposes of this Chapter and to preserve its validity.

Section 5. Competing Ordinances. In the event that there is another ordinance on the ballot during the same election which seeks to regulate residential housing which also passes, the ordinance which obtains the higher number of votes shall be the controlling ordinance.

Section 6. Effective Date. This Ordinance shall be effective only if approved by a majority of the voters voting thereon and shall go into effect ten (10) days after the vote is declared by the City Council. The Mayor and City Clerk and hereby authorized to execute this Chapter to give evidence of its adoption by the voters.

PROHIBITION ON CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs) The People of the City of Berkeley ordain as follows:

That Chapter 23.336 Prohibition on Concentrated Animal Feeding Operations (CAFOs) be added to to Title 23 ZONING of the Berkeley Municipal Code as follows:

Chapter 23.336 Prohibition on Concentrated Animal Feeding Operations (CAFOs) Section 23.336.010 Findings.

A. Hundreds of concentrated animal feeding operations (CAFOs) presently operate in California.

B. Animal agriculture is responsible for 38% of methane emissions in the United States, and it is projected that the global agriculture sector will nearly double in greenhouse gas emissions by 2050.

C. By worsening climate change via the release of greenhouse gases, CAFOs are a major contributor to the drought and wildfires in California.

D. CAFOs are contributing to the ongoing water crisis in California, with some facilities using up to 4 million gallons of water per day and others polluting water sources with chemical fertilizers and manure.

E. Globally, animal agriculture is the primary driver of biodiversity loss through its dependence on inputs such as fertilizer, pesticides, energy, land, and water, and on practices such as monocropping and heavy tilling, which in turn reduces the variety of landscapes and habitats.

F. It is a well-established scientific fact, as supported by 2,500 studies exploring animal cognition, that nonhuman animals have emotions, personalities, and the ability to feel pain, fear, and stress.

G. Millions of nonhuman animals are routinely confined and abused in CAFOs across California.

H. The treatment of nonhuman animals in CAFOs routinely violates California animal cruelty laws, with little to no enforcement.

I. Three out of four emerging infectious diseases are zoonotic, and CAFOs pose a serious risk to public health.

J. Investigators have found antibiotic resistant bacteria and infectious diseases in CAFOs in California and across the U.S.

K. Workers in the animal agriculture industry experience higher rates of substance abuse, post-traumatic stress disorder (PTSD), and domestic violence.

L. In summary, CAFOs are a leading cause of environmental destruction, pose grave risks to public health, abuse and kill nonhuman animals, and often create dangerous and exploitative conditions for workers.

Section 23.336.020 Prohibition on Establishment and Operation of Concentrated Animal Feeding Operations (CAFOs)
A. Definitions. For purposes of this chapter, the following definition shall apply:
a. “Concentrated Animal Feeding Operation” or “CAFO” means an agricultural operations where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and which meets the regulatory definition set out by the Environmental Protection Agency seen in the following table
Regulatory Definitions of Large CAFOs, Medium CAFO, and Small CAFOs Attachment 8

A Large CAFO confines at least the number of animals described in the table below.

A Medium CAFO falls within the size range in the table below and either:
 Has a manmade ditch or pipe that carries manure or wastewater to surface water; or  the animals come into contact with surface water that passes through the area where they’re confined.

If an operation is found to be a significant contributor of pollutants, the permitting authority may designate a medium-sized facility as a CAFO.

A Small CAFO confines fewer than the number of animals listed in the table and has been designated as a CAFO by the permitting authority as a significant contributor of pollutants.

Size Thresholds (number of animals)Animal Sector
Large
CAFOs
Medium
CAFOs1
Small
CAFOs2
cattle or cow/calf pairs 1,000 or
more
300 - 999 less
than 300
mature dairy cattle 700 or
more
200 - 699 less
than 200
veal calves 1,000 or
more
300 - 999 less
than 300
swine (weighing over 55 pounds) 2,500 or
more
750 - 2,499 less
than 750
swine (weighing less than 55 pounds) 10,000 or
more
3,000 - 9,999 less
than
3,000
horses 500 or
more
150 - 499 less
than 150
sheep or lambs 10,000 or
more
3,000 - 9,999 less
than
3,000
turkeys 55,000 or
more
16,500 - 54,999 less
than
16,500
laying hens or broilers (liquid manure handling
systems)
30,000 or
more
9,000 - 29,999 less
than
9,000
chickens other than laying hens (other than a liquid
manure handling systems)
125,000 or
more
37,500 - 124,999 less
than
37,500
laying hens (other than a liquid manure handling
systems)
82,000 or
more
25,000 - 81,999 less
than
25,000
ducks (other than a liquid manure handling systems) 30,000 or more
10,000 - 29,999 less
than
10,000

ducks (liquid manure handling systems) 5,000 or
more
1,500 - 4,999 less
than
1,500
1 Must also meet one of two "method of discharge" to be defined as a CAFO or may be designated. 2 Never a CAFO by regulatory definition, but may be designated as a CAFO on a case-by-case basis.

B. Prohibition.
a. No person, corporation, or other entity shall establish a CAFO of any size within the city of Berkeley.
b. No person, corporation, or other entity shall expand an existing CAFO of any size within the city of Berkeley.
c. Any CAFO in operation within the city of Berkeley at the time of this initiative’s passage shall be phased out within a period of 1 year.

Section 23.336.030 Enforcement and Penalties.

A. The The City Council shall have the authority to enforce this initiative, including the power to inspect premises suspected of violating its provisions.

B. This Chapter also provides a private right of action upon any person or entity to seek injunctive relief and penalties against a person or business who violates this prohibition.

C. Any person that violates this prohibition is civilly liable for a penalty in an amount of $10,000 per violation per day.

D. A court shall award a plaintiff who prevails on a cause of action reasonable attorney’s fees and costs.

Section 23.336.040 Severability.

If any provision of this initiative is found to be invalid or unconstitutional, such finding shall not affect the validity or constitutionality of the remaining provisions.

Section 23.336.050 Effective Date.

This initiative shall become effective immediately after its passage by the voters.

MEASURE TO BE SUBMITTED TO THE VOTERS AUTHORIZING THE CITY OF BERKELEY

TO LEVY A PARCEL TAX TO FINANCE STREET AND SIDEWALK REPAIR AND TRAFFIC SAFETY
The people of the City of Berkeley do ordain as follows:

Section 1. Title
This measure shall be known as the Sustainable and Accountable Funding for Equitable Street Transformation, Revitalization, Enhancements, and Essential Traffic Safety (SAFE STREETS) Initiative
Section 2. Findings
The People of the City of Berkeley find and declare as follows:

A. The City’s Vision 2050 Framework is a comprehensive plan to repair and upgrade Berkeley’s infrastructure and facilities to be more sustainable, safe, and resilient and to meet the needs of future generations, including addressing climate and environmental challenges. The Vision 2050 task force identified the highest priority is to rehabilitate Berkeley’s core infrastructure, which is the infrastructure within the street right-of-way; and is inclusive of street paving, sidewalks, mobility and traffic safety, quick build transit projects, green infrastructure, and street trees.

B. Berkeley’s street pavement has an overall Pavement Condition Index (PCI) of 57 and is currently classified as “at risk” condition by the Metropolitan Transportation Commission and by the City Auditor. Failure to make urgently needed street repairs in a timely manner will result in the need for more costly repairs in the future. City staff estimates show that improving the overall PCI to 70, classified as “good” condition, would require $320 million over 12 years, or an estimated $350 million over 14 years. Funding will continue to come largely from existing sources, such as the General Fund, and augmented by an estimated $110 million in funds from this initiative.

On July 26, 2022, in Resolution No. 70,456-N.S., the City Council committed to increase annual funding of street maintenance from the General Fund to approximately $8 million, for a total of $15.3 million, and to continue that funding and increase it to account for inflation and maintenance once repairs have been made.

C. City staff estimate a backlog of about $35 million is needed to repair sidewalks and pathways.

D. The Berkeley City Council adopted the 2019 Vision Zero Action Plan, with the goal of eliminating fatal and severe traffic crashes by 2028, and outlined a set of priority actions, including implementation of adopted and updated plans such as the 2017 Bicycle Plan and 2020 Pedestrian Plan. The Bicycle and Pedestrian Plans had a total estimated cost of $124 million when initially adopted, but have remained largely unfunded while costs have increased.

This initiative will prioritize the most critical projects to improve pedestrian and bike safety and Attachment 9

will require an investment of about $70 million, which will be leveraged as matching funds to win additional grant monies.

The pedestrian safety projects are described in the 2020 Pedestrian Plan, and include signal, intersection and street improvements at 10 priority street segments. The estimated cost ranges from $18 to $61 million.

Bicycle safety projects will prioritize Tier I projects described in the 2017 Bicycle Master Plan Appendix E, primarily consisting of improvements to existing bicycle routes, including traffic calming on bike boulevards and intersection improvements (including protected intersections and flashing beacons). The Executive Summary of the Bicycle Master Plan estimates the Tier I bicycle projects at a total cost of $48 million.

E. Berkeley has declared a climate emergency and set a goal of achieving 100% sustainable transportation by 2040. The State has mandated the inclusion of green infrastructure in roads that are reconstructed. This initiative includes funding for environmental improvements, including the use of green infrastructure, permeable surfaces, use of native plants, and tree plantings, as well as community spaces, benches, bus shelters, and other appropriate uses to improve the environment of our streets and adapt to a changing climate. The funding allocated in this measure for these types of improvements is roughly $20 million.

F. A special parcel tax within the City provides an equitable mechanism for funding capital investments and ongoing maintenance and improvements of streets, sidewalks, and traffic safety features, including for pedestrian and bicyclist safety. An exemption from the tax for low- income homeowners will help ensure the cost of the measure is not a burden for residents on fixed or limited incomes. A split-roll tax under which commercial properties pay more than residential properties, as used in numerous prior parcel taxes, ensures equity in raising funds.

G. The intent of this measure is to augment current city funding for paving and sidewalk repair for a temporary period and allow long-deferred repairs to be made so that the overall condition of the roads and sidewalks will be made acceptable and safe within 14 years, and maintenance costs will be reduced.

Section 3. Code Amendment
A new Chapter 7.11 is hereby added to the Berkeley Municipal Code as follows:

Chapter 7.11
Sustainable and Accountable Funding for Equitable Street Transformation, Revitalization, Enhancements, and Essential Traffic Safety (SAFE STREETS) Tax

7.11.010 Special Tax - Use.

A. A special tax for the purpose of funding repairs and improvements to streets, sidewalks, and pedestrian paths is hereby authorized to be imposed on all improvements in the City of Berkeley as more fully set forth in this Chapter.

B. The Council may impose the tax authorized by this Chapter up to the rate, and subject to inflation adjustments, set forth in Section 7.11.020.

C. This special tax is imposed under Article XIIIA, Section 4, of the California Constitution and the City’s constitutional authority as a charter city under Article XI, Section 5 of the California Constitution.

D. All proceeds of the tax are subject to review, allocation, and approval by the City Council.

E. The proceeds of the tax imposed by this Chapter shall be placed in a special fund to be used only for the purposes of enhancing streets, sidewalks, and pedestrian paths within City limits by funding the following types of projects:

1. Repair, repaving, and reconstruction of streets, sidewalks, and pedestrian paths,

2. Safety improvements to streets, sidewalks, and pedestrian paths,

3. Environmental enhancements to streets, sidewalks, and pedestrian paths.

F. Proceeds of the tax may be used to pay or reimburse the City for actual, verifiable costs of City staff when they are performing work on, or necessary and incidental to, projects funded by the tax, or public input, oversight, and accountability elements required by this chapter.

Proceeds of the tax may also be used to pay or reimburse the City for the costs of City Auditor staff time spent auditing the tax expenditures of this measure.

G. Proceeds of the tax may be used to pay or reimburse the City for the costs of updating the Transportation Element of the General Plan, once every ten years, to integrate and reflect all relevant adopted plans and policies.

H. Proceeds of the tax may be used to pay or reimburse the City for the costs of reviewing and updating the City’s public works project delivery process, once every ten years.

I. Proceeds of the tax may be used for public art, limited to no more than 1.75% of applicable project budgets and consistent with Section 6.13.020. Public art funded by this tax shall be in public spaces.

J. Proceeds of the tax may not be used to fund bicycle-specific safety improvements (such as cycletracks or protected bike lanes) on Hopkins Street between McGee and Gilman.

K. The goal of this tax is to achieve the following by December 31, 2036:
1) Raise Berkeley's Pavement Condition Index (PCI) to or above 70 (rated as "Good" by the Metropolitan Transportation Commission), ideally with no streets having a PCI below 50; and
2) Eliminate the backlog of damaged sidewalks and pedestrian paths in Berkeley; and 3) Significantly reduce or eliminate fatal and severe traffic crashes throughout the city, particularly involving pedestrians or cyclists.

It is also a goal of this tax to achieve the above in a way that is in line with current best practices, ensures accessibility for all users, enhances the sustainability and resiliency of Berkeley’s public right-of-way facilities, and provides benefits to Berkeley’s entire community.

7.11.020 Tax Authorized - Tax Rate and Allocation - Adjustments for Inflation A. The City Council is hereby authorized to impose and allocate a special tax as follows:
1) Residential Rate: For all dwelling units, the tax may be imposed at the rate of up to $0.17 per square foot of improvements.
2) Non-Residential Rate: For all other property, the tax may be imposed at the rate of up to $0.25 per square foot of improvements.

B. Annually in May, the City Council may increase the previous year’s rate by up to the greater of the cost of living in the immediate San Francisco Bay Area or per capita personal income growth in the state, as verified by official United States Bureau of Labor Statistics data. If either index referred to above is discontinued, the City shall use any successor index specified by the applicable agency, or if there is none, the most similar existing index then in existence.

C. Tax proceeds shall be allocated approximately as follows:
1) 60% for streets and sidewalks, of which roughly three quarters (45%) will be for streets and one quarter (15%) will be for sidewalks and pedestrian paths, until the backlog of damaged sidewalks and pedestrian paths is eliminated.
2) 30% for safety improvements.
3) The remaining 10% shall include environmental enhancements, any required fees to the County, and any permitted uses as specified in Section 7.11.010.

D. When the City’s average PCI is 70 or higher, the allocations specified in Section 7.11.030(C) shall not be required.

E. If another measure providing an additional source of revenue for uses covered in this tax is approved by the voters on the same ballot as this measure, the tax rates authorized in Section

7.11.020(A) shall be reduced by an equivalent amount, and the percentages specified in

7.11.020(C) shall be adjusted as necessary to meet the goals of this chapter, while that measure remains in effect.

7.11.030 Duration and Renewal - City Funding Required
A. This measure shall remain in place for 14 years from the effective date, unless extended by the voters.

B. If the City Council fails to adopt a budget with at least $15.3 million in funding for street maintenance, from sources other than this tax, and adjusted for inflation, per Resolution No. 70,456-N.S. (adopted July 26, 2022), the City Council shall not be authorized to impose the special tax for the following two years.

C. In the event of a loss of any external funding source for street maintenance, or a decline in the amount provided for street maintenance by an external funding source included in the 2023- 24 budget (adjusted for inflation), the required budgeted amount in Section 7.11.030(B) shall be reduced by an equivalent amount.

D. Section 7.11.030(B) shall not apply for years in which the City Council draws upon $1 million (or more) from the Stabilization Reserve in order to adopt a budget, or the City of Berkeley is included in the site of a natural disaster recognized by the Federal Emergency Management Agency or in a state or federal declaration of a state of emergency.

7.11.040 SAFE STREETS Citizen Oversight Committee
A. The City Council shall establish a SAFE STREETS Citizen Oversight Committee (SSCOC) to review expenditures and progress reports from the City Manager and City Auditor to ensure compliance with the intent of this chapter, evaluate the impacts and outcomes of tax expenditures on this chapter’s stated goals, and prepare public reports on the committee’s findings.

B. Composition:

1. The SSCOC shall consist of seven members, as follows:
(a) Two members of the Transportation and Infrastructure Commission (b) One member of the Environment and Climate Commission (c) Four members of the public who are Berkeley residents

2. SSCOC members from commissions shall be appointed by their respective bodies, and members of the public shall be appointed by the City Council as a whole. Members of the public shall be required to have a background in civil engineering, transportation engineering, infrastructure program management, or the implementation of municipal bond or tax measures.

3. The SSCOC annually shall elect one of its members as the chairperson and one of its members as the vice-chairperson.

C. The City Manager shall designate a staff person to serve as secretary of the committee.

D. The committee 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 committee meetings shall be as determined by City Council Resolution, but no less than four per year.

E The committee may make and alter rules governing its organization and procedures which are consistent with this Chapter or any other applicable ordinance of the City. A majority of the members appointed to the committee shall constitute a quorum and the affirmative vote of a majority of the members appointed is required to take any action.

F. The Committee shall prepare an annual independent report of progress and performance.

Each report shall be made publicly available on the City’s website and submitted to the City Council.

7.11.050 Public Input, Reporting, and Accountability
A. To ensure public input for the projects and priorities funded by this measure, City staff shall hold at least three workshops in different areas of the city, every three years, to solicit input on projects and priorities from residents and civic, neighborhood, and business organizations, in addition to the regular meetings of the Transportation and Infrastructure Commission.

B. The City Manager shall prepare and submit to the City Council and the SSCOC an annual report of performance metrics, outcomes, and accomplishments that reflects all City street, sidewalk, and safety funding. To promote effective communication, the report shall also be presented in an online dashboard, and include the following metrics:

1. Streets paved, cost per mile, changes to the citywide average PCI, the PCI of all streets, and a schedule that estimates which streets will be paved in the next 5 years; and

2. Progress on sidewalks and pedestrian paths; and

3. Safety projects implemented, and fatal and severe injuries over time; and

4. Progress on green infrastructure, tree planting, climate resiliency measures, and changes in trip modality; and

5. Awarded and in-progress grants.

C. All expenditures, and verification of progress towards the goals set forth in Section

7.11.010(K), shall be subject to an independent performance audit by the City Auditor, at least once every three years, to confirm that the tax expenditures and reports are accurate and consistent with the intent of this chapter.

7.11.060 Use of Adopted Plans and Policies
A. Any project funded by the proceeds of the tax must be consistent with one or more adopted City of Berkeley plans or policies. Adopted City of Berkeley plans and policies shall inform project prioritization.

B. Any project funded by the proceeds of the tax which includes street repair, repaving, and/or reconstruction shall implement safety improvements concurrently, unless the City Council adopts a written finding based on substantial evidence that there are no improvements which would materially increase safety and are consistent with an adopted City plan or policy.

C. Any project funded by proceeds of the tax which includes safety improvements must be consistent with one or more of the following City of Berkeley plans and policies, as may be amended from time to time, or their successor plans as adopted by City Council:
i) the Vision Zero Action Plan, adopted March 10, 2019; or ii) the Pedestrian Plan, adopted January 26, 2021; or
iii) the Berkeley Bicycle Plan, adopted May 7, 2017; or iv) the Complete Streets Policy, adopted December 11, 2012.

A project funded by the proceeds of the tax which includes safety improvements may alternatively be consistent with one or more Safe Routes to Schools Safety Assessment and/or Improvement Plan, as may be amended from time to time by the Berkeley Unified School District and Alameda County Transportation Commission.

D. Additional City of Berkeley adopted plans and policies, such as the Vision 2050 Framework, Street Maintenance and Rehabilitation Policy, Repaving Plan, Berkeley Strategic Transportation Plan (BeST), Age-Friendly Berkeley Action Plan, Streets and Open Space Improvement Plan (SOSIP), Green Infrastructure Plan, Stormwater Management Plan, Local Hazard Mitigation Plan, Berkeley Electric Mobility Roadmap, Berkeley Resilience Strategy, Berkeley Transit-First Policy Implementation Plan, or area-specific plans, including the Adeline Corridor Specific Plan, Downtown Area Plan, South Shattuck Strategic Plan, Southside Plan, University Avenue Strategic Plan, and West Berkeley Plan, shall be considered, as appropriate, when identifying or evaluating projects to be funded by proceeds of this tax.

7.11.070 Definitions
For the purposes of this chapter, the following terms shall be defined as set forth below:

A. “Building” shall mean any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, chattel or property of any kind. The word “building” includes the word “structure.”
B. “Improvements” shall mean all buildings or structures erected or affixed to the land.

C. “Square footage” shall mean the total gross horizontal areas of all floors, including usable basement and cellars, below the roof and within the outer surface of the main walls of buildings (or the center lines of party walls separating such buildings or portions thereof) or within lines drawn parallel to and two feet within the roof line of any building or portion thereof without walls (which includes, notwithstanding paragraph 3 below, the square footage of all porches), and including pedestrian access walkways or corridors, but excluding the following:

1. Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto.

2. Areas which are outdoor or semi-outdoor areas included as part of the building to provide a pleasant and healthful environment for the occupants thereof and the neighborhood in which the building is located. This exempted area is limited to stoops, balconies and to natural ground areas, terraces, pools, and patios which are landscaped and developed for active or passive recreational use, and which are accessible for use by occupants of the building.

3. Arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display storage, service, or production areas.

D. “Structure” shall mean anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

E. “Parcel” shall mean a unit of real estate in one ownership as shown on the most current official assessment roll of the Alameda County Assessor.

F. “Repair, repaving, and reconstruction” shall refer to a suite of interventions designed to restore and upgrade the physical integrity and functionality of streets and sidewalks, including pedestrian paths, including all ordinary and necessary expenses and features as required by applicable law.

G. “Safety improvements” shall mean improvements to sidewalks, streets, and highways inclusive of state highways that implement features designed to reduce collisions, injuries, and fatalities, including traffic calming measures. Safety improvements shall include features recommended by the Urban Street Design Guide published by the National Association of City Transportation Officials (NACTO), features recommended by the Proven Safety Countermeasures initiative published by the Federal Highway Administration, and/or other similar features to reduce collisions, injuries, and fatalities recommended by national organizations of planning or transportation experts. Safety improvements shall also include improvements to emergency vehicle access and response times, such as fire/emergency evacuation lanes, transit lanes that also serve emergency vehicles, cycle tracks that can accommodate emergency vehicles, traffic signal controls for emergency vehicles, retractable bollards, curb management, and signage for evacuation routes.

H. “Traffic calming measures” shall mean safety improvements specifically designed to reduce vehicle speeds, including horizontal or vertical deflections (such as chicanes and speed bumps), width reductions (such as bulb-outs and medians), and routing restrictions (such as diverters and bollards), or other similar measures recommended by the Institute of Traffic Engineers, the Federal Highway Administration, or other national organizations of transportation experts.

I. “Environmental enhancements” shall mean improvements to sidewalks, streets, and highways, inclusive of state highways, that improve resiliency or sustainability, and/or provide community amenities. Environmental enhancements shall include, but not be limited to, green infrastructure, permeable surfaces, native plants, street trees, planted verges and medians, transit rider facilities, and community spaces.

J. “Transit rider facilities” shall mean improvements to sidewalks, streets, and highways inclusive of state highways that implement features to improve comfort and reliability for transit riders, such as elements recommended in the Transit Street Design Guide published by NACTO, including but not limited to bus shelters, benches, and bus station islands.

K. “Pavement Condition Index” or “PCI” shall refer to the numerical index between 0 to 100 used to determine the general condition of the pavement, following standards set forth by ASTM D6433 - 20, or an equivalent appropriate methodology developed for non-asphalt surfaces.

7.11.080 Exemptions.

A. The tax imposed by this Chapter shall not apply to parcels and improvements exempt from taxation by the City pursuant to the laws or constitutions of the United States and the State of California.

B. The tax imposed by this Chapter shall not apply to any property owned by any person whose total personal income, from all sources, for the previous calendar year, does not exceed that level which shall constitute “very low-income,” as may be established by resolution of the City Council. Any taxpayer claiming the exemption under this section shall be required to demonstrate their entitlement thereto annually by submitting an application and supporting documentation to the City Manager or their designee in the manner and at the time established in regulations and/or guidelines hereafter promulgated by the City Manager subject to review by the City Council in its discretion. Such applications shall be on forms provided by the City Manager, or their designee, and shall provide and/or be accompanied by such information as the City Manager shall require, including but not limited to, federal income tax returns and W-2 forms.

C. Any person or entity claiming an exemption from the tax imposed by this Chapter shall file a verified statement of exemption on a form prescribed by the City Manager prior to June 30th of the first fiscal year for which the exemption is sought.

7.11.090 Duties and Authority of the City Manager.

It shall be the duty of the City Manager to collect and receive all taxes imposed by this Chapter and to keep an accurate record thereof. The City Manager is charged with the enforcement of this Chapter, except as otherwise provided herein, and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this chapter, including provisions for the re-examination and correction of returns and payments.

7.11.100 Collection with Property Tax - Penalties and Interest.

The special tax imposed by this Chapter shall be due in the same manner, on the same dates, and subject to the same penalties and interest as established by law for other charges and taxes fixed and collected by the County of Alameda on behalf of the City of Berkeley. The special tax imposed by this Chapter, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and shall constitute a personal obligation of the owners of the parcel on the date the tax is due.

7.11.110 Collection.

The amount of any tax, penalty, or interest imposed under the provisions of this chapter shall be deemed a debt to the City. Any person owing money under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount. The City shall be entitled to reasonable attorneys' fees and its costs of suit in any such action.

7.11.120 Refunds.

Whenever the amount of any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in Chapter 7.20 of the Berkeley Municipal Code or any such successor chapter.

7.11.130 Savings clause - Severability.

The provisions of this chapter shall not apply to any person, association, corporation, entity, or property as to whom or which it is beyond the power of the City of Berkeley to impose the tax herein provided. If any sentence, clause, section, or part of this chapter, or any tax against any individual or any of the several groups specified herein is found to be unconstitutional, illegal, or invalid, such sentence, clause, section or part shall be severable and such unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section, or part of this chapter and shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or other parts of this chapter. It is hereby declared to be the intention of the City Council and the People of the City of Berkeley that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein.

7.11.140 Violation - Penalty.

Any person who fails to perform any duty or obligation imposed by this chapter shall be guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. The penalties provided in this section are in addition to the several remedies provided in this chapter.

Section 4. Increase appropriations limit.

Pursuant to California Constitution Article XIIIB, the appropriation limit for the City of Berkeley is hereby increased by the aggregate sum authorized to be levied by this special tax for each of the four fiscal years from 2025 through 2028.

Section 5. Effective date.

The tax imposed by this Chapter shall be operative on January 1, 2025.

Section 6. Conflicting Ballot Measures
(a) In the event that this measure and another measure(s) relating to local taxes to fund any or all of the uses permitted in this measure are approved by a majority of the voters at the same election, and this measure receives a greater number of affirmative votes than any other such measure(s), this measure shall control in its entirety, and the other measure(s) shall be rendered void and without any legal effect. If this measure is approved by a majority of the voters but does not receive a greater number of affirmative votes than the other measure(s), this measure shall take effect to the extent permitted by law. (b) If any provisions of this measure are superseded by the provisions of any other conflicting measure approved by the voters and receiving a greater number of affirmative votes at the same election, and the conflicting measure is subsequently held to be invalid, repealed, or terminated, the provisions of this measure shall be revived and shall have full force of law.

Section 7. Amendment, repeal, and reenactment.
(a) Without voter approval, the City Council may repeal this ordinance or amend it in any manner that does not:
1) Result in an increase in the tax authorized to be imposed; 2) Expand the permissible uses in Section 7.11.010, or materially alter relevant definitions in Sections 7.11.070, in a way that is inconsistent with the original intent of this chapter; 3) Alter the allocations of Section 7.11.020;
4) Extend the sunset or reduce the City budgeting requirements set forth in Section

7.11.030;
5) Reduce the public input, oversight, and accountability processes set forth in Section

7.11.040 and 7.11.050;
6) Reduce the use of adopted plans and policies in Section 7.11.060; 7) Lower the threshold of “substantial evidence” in Section 7.11.060(B); 8) Add or modify exemptions (in a manner that would increase the tax). (b) If the City Council repeals this ordinance, it may subsequently reenact it without voter approval, as long as the reenacted ordinance does not:
1) Result in an increase in the tax authorized to be imposed; 2) Expand the permissible uses in Section 7.11.010, or materially alter relevant definitions in Sections 7.11.070, in a way that is inconsistent with the original intent of this chapter; 3) Alter the allocations of Section 7.11.020;
4) Extend the sunset or reduce the City budgeting requirements set forth in Section

7.11.030;
5) Reduce the public input, oversight, and accountability processes set forth in Section

7.11.040 and 7.11.050;
6) Reduce the use of adopted plans and policies in Section 7.11.060; 7) Lower the threshold of “substantial evidence” in Section 7.11.060(B); 8) Add or modify exemptions (in a manner that would increase the tax). (c) In the event that this measure and another measure(s) relating to local taxes to fund street and sidewalk repair, repaving, and reconstruction both take effect, the City Council may make any amendments to this ordinance necessary to consolidate and align this measure with the other measure(s), that does not result in a tax authorized to be imposed greater than the tax authorized by this measure.

Section 8. California Environmental Quality Act Requirements.

This Ordinance is exempt from the California Environmental Quality Act, Public Resources Code section 21000 et seq., under, including without limitation, Public Resources Code section 21065 and CEQA Guidelines sections 15378(b)(3) and 15378(b)(4).

Section 9. Special Tax; Majority Vote Requirement. This Ordinance imposes a special tax for restricted purposes and is being placed on the ballot via signature petition. It shall be effective only if approved by a majority of the voters voting thereon.