City Council Closed Meeting eAgenda March 13, 2023
CALLING A SPECIAL MEETING OF THE
BERKELEY CITY COUNCIL
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:
MONDAY, MARCH 13, 2023
REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION – 1404 LE ROY AVE, BERKELEY, CA 94708
Jesse Arreguin, Mayor
District 1 – Rashi Kesarwani
District 5 – Sophie Hahn
District 2 – Terry Taplin
District 6 – Susan Wengraf
District 3 – Ben Bartlett
District 7 – Rigel Robinson
District 4 – Kate Harrison
District 8 – Mark Humbert
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.
Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley-info.zoomgov.com/j/1612575025. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 257 5025. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.
Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.
To submit a written communication for the City Council’s consideration and inclusion in the public record, email email@example.com.
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.
Public Comment - Limited to items on this agenda only
The City Council will convene in closed session to meet concerning the following:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(3):
a. Significant exposure to litigation pursuant to Section 54956.9(d)(3); see letter from California Department of Housing and Community Development, attached as required by Fowler v. City of Lafayette, 46 Cal. App. 5th 360 (2020)
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Mena v. Bradd, et al., Alameda County Superior Court Case No. RG21101938
b. Cohen v. City of Berkeley, Alameda County Superior Court Case No. 22CV018148
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PRUSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. WCAB Case Numbers: ADJ12170910 and ADJ11544202.
Public Reports of actions taken pursuant to Government Code section 54957.1.
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 this 9th day of March, 2023.
Jesse Arreguin, Mayor
Public Notice – this Proclamation serves as the official agenda for this meeting.
Mark Numainville, City Clerk
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable emergency Executive Orders issued by the Governor. Any member of the public may participate in the public comment portion of this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900.
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Zoning Adjustments Board decision, 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.
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.
COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date. Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.