City Council Special Meeting eAgenda June 14, 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:

Friday, June 14, 2024

2:00 PM

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

TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

Jesse Arreguin, Mayor

Councilmembers:

This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device:  Please use this URL https://cityofberkeley-info.zoomgov.com/j/1618252464.  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: 161 825 2464. 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.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email council@berkeleyca.gov.

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 public participation may be addressed to the City Clerk Department (510) 981-6900. 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.

Preliminary Matters

Roll Call:

-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.  Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items.  A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

1.-Elections Code Section 9212 Reports on Initiative Ordinances “Control of Infectious Aerosols in City Buildings” and “Large Buildings Fossil Fuel Emissions Tax”
From: Mayor Arreguin (Author)
Recommendation: Refer to the City Manager to prepare reports under the provisions of California Elections Code Section 9212 on two proposed ordinances that will appear before Berkeley voters on the November 5 ballot: The “Control of Infectious Aerosols in City Buildings” and “Large Buildings Fossil Fuel Emissions Tax” measures. Include analysis of costs to the City and other potential costs, City staffing implications, potential economic impacts and benefits, if any, on local businesses and city tax revenues, and feasibility of implementing the proposed initiative ordinances.
In addition, the Council welcomes any other information and analysis of potential interest to the City or the public, as determined by the City Manager and identified during the review process.
Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100

A member of the public may only speak at one of the two public comment periods for any single Action item.

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

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

Action Calendar

2. -Community Survey Results and Direction on Potential November 2024 Ballot Measures
Presentation
From: City Manager
Recommendation: Review the results of the community survey and direct staff to prepare final language for City Council approval on July 30, 2024 for the following November 2024 revenue measures:
1. An amendment to the existing Parks Tax that results in 20% increase.
2. An amendment to the existing tax (Measure P) for general government use on transfers of real property at 2.5% of a property’s value for properties valued $1.5M or higher that increases the rate from 2.5% to 3% for properties valued $3M or higher, increases the rate from 2.5% to 3.5% for properties valued $10M or higher and removes its January 1, 2029 expiration date.
3. An amendment to the existing Sugar Sweetened Beverage Product Distribution Tax that removes the current 10-year expiration date of January 1, 2027.
4. Provide direction regarding next steps and timing related to a potential new tax that would support and expand performing and cultural arts institutions and programs in Berkeley, performing arts education activities in Berkeley’s public schools, culturally-diverse arts programs, festivals and street fairs, and capital projects for art spaces.
Financial Implications: None at this time
Contact: Anne Cardwell, City Manager's Office, (510) 981-7000; Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700