City Council Special Meeting eAgenda December 10, 2024

PROCLAMATION

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:

Tuesday, December 10, 2024

5:30 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

Adena Ishii, Mayor

Councilmembers:

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 council@berkeleyca.gov.

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.
 

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.

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