No COVID-19 Town Hall this Week

As previously mentioned, we had originally intended to have our standing virtual town hall to provide updates on COVID-19 on August 8th. However, our City Manager and Health Officer are not available, so we will not be having one this week. Instead, an email will be sent out on Saturday with the latest updates and answers to frequently asked questions. The next town hall will be August 22nd.

Election 2020: Berkeley Ballot Measures

The Berkeley City Council has finalized the local measures that will appear on the November 3, 2020 ballot. As a reminder, this election will be entirely vote-by-mail due to the ongoing COVID-19 crisis, and you should receive your vote-by-mail ballot in early October. All voters will receive their ballot in the mail, even if they are not registered as a permanent absentee voter. Below is a brief description of the eight measures that you will be voting on. Complete impartial analyses from the City Attorney are forthcoming. Measure letters will be assigned by the County Registrar of Voters in mid-August. For more information on local measures visit the City of Berkeley Ballot Measure page.

Police Accountability Board

This Charter Amendment will replace the current Police Review Commission with a new Police Accountability Board. It’s purpose is to promote public trust through independent, objective, civilian oversight of the Berkeley Police Department, provide community participation in setting and reviewing Police Department policies, practices, and procedures, and to provide a means for prompt, impartial and fair investigation of complaints brought by members of the public against sworn employees of the Berkeley Police Department.

The proposal also establishes the Director of Police Accountability, who will be tasked with investigating complaints filed against sworn employees of the Berkeley Police Department, to reach an independent finding as to the facts and recommend corrective action where warranted.

Wildfire and Emergency Services Tax

This proposal will enact a special tax of at a rate of $0.1047 per square foot of improvements, which is estimated to generate $8.5 million annually for firefighting, emergency medical response, 9-1-1 communications services, hazard mitigation, and wildfire prevention and preparedness. There is no sunset of this tax. This is the only Berkeley-specific measure that requires a 2/3rds vote, with the rest requiring a simple majority.

Rent Stabilization Ordinance Update

This proposal will make the following amendments to the Rent Stabilization and Eviction for Good Cause Ordinance:

Prohibit eviction of qualifying tenants for nonpayment of rent during state or local emergencies (as is currently the case under the COVID-19 emergency).
Adopt registration fees for single-family homes, condominiums, and newly constructed rental units. This would allow the Rent Board to assist landlords and tenants of these units, which are currently exempt from this fee.
Clarifies exemptions for Accessory Dwelling Units (ADUs), stating that such exemption will only apply to owner-occupied properties with a single-family home and one accessory unit.

Transportation Network Companies (TNC) Tax

This proposal will enact a general tax of $0.50 per private trip and $0.25 per pool trip on TNC trips (such as Uber and Lyft). This is estimated to generate $910,000 a year and will sunset in 20 years. Currently, TNCs do not pay any tax to the City, and this measure is designed to offset their impacts to our public infrastructure.

Utility Users Tax

This proposal will increase the Utility Users Tax on electricity and gas from its current 7.5% up to 10%. The 2.5% increase is expected to generate $2.4 million annually. There is no sunset to this increase. Exemptions would be made for low-income users. Funds would be used for general municipal services, including programs to equitably reduce local greenhouse gas emissions. The proposal will also reorganize the existing Energy Commission into the Climate Action and Energy Commission, who will be tasked with - among their existing duties - providing recommendations to the City Council on how to allocate these funds.

Updating City Council Salaries

This Charter Amendment will update the salary of the Mayor and Councilmembers, in which the Mayor’s salary will be set at the median salary for a three-person household in Alameda County and Councilmembers at 63% of that level. Members of the Council have the option to opt for a lower salary, and salaries would be reduced for unexcused absences. Adjustments would be made annually based on the area median income. Currently, the Mayor makes under $60,000 and Councilmembers make approximately $37,500 annually, equivalent to 63% of the Mayor’s salary.

Charter Clean Up

This charter amendment makes four updates to the Berkeley City Charter:

Eliminates the residency requirement for firefighters. Currently, Berkeley firefighters must live within a 40 mile radius of Berkeley.
Updates sections relating to the Redistricting Commission to conform with state law. Specifically, this will change the name from Citizens Redistricting Commission to Independent Redistricting Commission, and will allow any Berkeley resident 18 years or older to apply to the commission. Currently, only registered voters can participate.
Replaces gender-specific language in the Charter to gender-neutral language (i.e. changing he/him/his or she/her/hers to they/them/their).
Updates the terms and duties of the Office of the City Attorney to have them be appointed by a vote of the City Council.

Increasing Appropriations Limit

Every four years, the City of Berkeley is required to pass a ballot measure under Article XIIIB of the California Constitution to allow the expenditure of the proceeds of City taxes and income from the investment of those taxes. This measure does not increase taxes; it simply authorizes the spending of the proceeds of taxes that have been previously approved, including funding for public safety, parks and recreation, health services, and infrastructure.

Clarifying Process on Reimagining Public Safety

As mentioned in my newsletter sent out on July 17th, we are moving forward with a new vision for public safety. Part of the adopted FY 2021 City Budget was funding for the creation of a position in the City Auditor’s office with the understanding that the individual will conduct a data driven study that includes analysis of police calls and responses, as well as analysis of the Berkeley Police Department (BPD) budget and expenditures by call type. Given the complexity of this process, it was an oversimplification to say the City Auditor was directed to take this action. As an independently elected office, the Council cannot direct the Auditor, but can make suggestions for the Auditor’s consideration. Ultimately they are independent of the Council and administration, and have a budget and authority to conduct performance audits, payroll audit, initiating studies and other functions prescribed in the Charter. I want to thank Auditor Jenny Wong for her commitment to study the Police Department budget and dedicating staff to conduct this important analysis.