Thursday, February 29, 2024 REVISED AGENDA Page 1
R E V I S E D P R O C L AM AT I O N
C AL L I N G A S P E C I AL M EE TI NG O F T HE
B E R K E LE Y CI T Y C O U N CIL
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:
Thursday, February 29, 2024
3:00 PM
CYPRESS ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – VACANT
DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
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.
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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 a ttend 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 act ually 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.
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Thursday, February 29, 2024 REVISED 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.” Followi ng 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.
Consent Calendar
1. Calling for a Special Municipal Election to fill the City Council District 4 Vacancy
From: City Manager
Recommendation: Adopt a Resolution: a) Calling for a Special Municipal Election to be held in Berkeley to fill the City Council District 4 vacancy; b) Requesting that the Alameda County Board of Supervisors authorize the Registrar of Voters to provide election administration services for the special election; c) Authorizing certain procedural and contractual actions; and d) Establishing policies for the filing of candidate statements of qualification.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Adjournment
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Thursday, February 29, 2024 REVISED AGENDA Page 3
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 28th day of February, 2024.
Jesse Arreguin, Mayor
Public Notice – this Proclamation serves as the official agenda for this meeting.
ATTEST:
Date: February 28, 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.
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 as well as posted on the City's website at https://berkeleyca.gov/.
Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read 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
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Thursday, February 29, 2024 REVISED AGENDA Page 4
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.
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Communications
Council r ules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
Item #1: Calling for a Special Municipal Election to fill the City Council District 4 Vacancy
1. Associated Students University of California (ASUC)
2. Sky Ocean (2)
Rev - 4
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: https://berkeleyca.gov/
CONSENT CALENDAR
February 29, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Calling for a Special Municipal Election to fill the City Council District 4 Vacancy
RECOMMENDATION
Adopt a Resolution: a) Calling for a Special Municipal Election to be held in Berkeley to fill the City Council District 4 vacancy; b) Requesting that the Alameda County Board of Supervisors authorize the Registrar of Voters to provide election administration services for the special election; c) Authorizing certain procedural and contractual actions; and d) Establishing policies for the filing of candidate statements of qualification.
FISCAL IMPACTS OF RECOMMENDATION
The Alameda County Registrar of voters estimates the cost for election services at $11 per registered voter for an all Vote-by-Mail election. This does not include costs related to Ranked-Choice Voting as well as costs for the printing and translation of voting materials and the Voter Information Guide into Spanish, Chinese, Tagalog and Vietnamese. There are approximately 7,300 voters in District 4. Based on the cost incurred for the March 2017 special vote-by-mail election for District 4, the estimated cost for the April 2024 special election is $146,000.
CURRENT SITUATION AND ITS EFFECTS
With the resignation of Councilmember Harrison on February 23, 2024, a vacancy was created in the office of City Councilmember for District 4. The District 4 seat is on the regular rotation to be filled at the 2026 municipal election. According to the City Charter (Article V, Section 12) if there is more than one year remaining on the term of the vacant seat, the City Council must call a special election to fill the vacancy within 10 days of the occurrence of the vacancy (March 4). Furthermore, the Charter requires that the election to fill the vacancy occur not less than 60 nor more than 90 days from the date the election is called. Calling the election for Tuesday, May 28, 2024 meets the requirements in the Charter.
The City Manager agenda item originally scheduled for February 28 recommended an election date of May 21. In order to provide more time for District 4 residents to consider and plan for a potential candidacy, maximize candidate access, and ensure voters have
Calling for a Special Municipal Election CONSENT CALENDAR to fill the City Council District 4 Vacancy February 29, 2024
the greatest opportunity to vet candidates within the truncated timeline mandated by the Charter, the Mayor recommended an election date of May 28. To ensure Brown Act compliance, the February 28 meeting, which noticed the election date as May 21, has been cancelled and the meeting was re-noticed for February 29. The May 28 election date is under consideration at this special meeting, although the City Council may select another election date which complies with the City Charter and is administratively feasible.
Due to the timelines in the City Charter, a special election to fill a vacancy must be conducted on a compressed timeline. In the compressed timeline, it is important to maintain a fair opportunity for candidates to qualify for the ballot. The proposed timeline provides for an 18-day filing period to ensure adequate candidate access to the ballot.
The 18-day period is 7 days shorter than what is provided in a general election. However, as discussed below, this slightly compressed filing period is necessary into order to ensure adequate time for ballots and other election materials to be prepared and circulated by the Alameda County Registrar of Voters.
The current timeline also maintains as much time as possible for voters and candidates to engage on important issues as well as performing outreach to the public about the upcoming election regarding how to register to vote and participate in the election.
From the start of candidate filing to election day, the compressed election schedule is five weeks shorter than the standard timeline in a general election. This shortened timeline impacts the operational aspects of the election primarily performed by the Registrar of Voters. There are just 31 days between the end of candidate filing period and the date that ballots must be mailed. During this time, the Registrar must create the ballot, translate the ballot into 4 languages, send it to the printer and mail it to voters. These steps must also be taken for the voter information guide. The operational requirements and demands on the Registrar necessitate the maximum possible time allowance as proposed in this resolution.
All elections in Alameda County are now conducted in the vote-by-mail format. The Registrar will mail the ballots for the May 28 election starting on April 29.
The nomination period for candidates will open on Monday, March 11, 2024 and close on Friday, March 29, 2024. All candidates must pay the filing fee and complete all the paperwork as would be required for a Council candidate in a general election.
Candidates may still use signatures-in-lieu to offset the filing fee. The period for signatures-in-lieu is March 7 – March 18. A calendar of important dates, including campaign finance reporting, is in Attachment 1.
BACKGROUND
The City of Berkeley is required under the City’s Charter to conduct its general and special municipal elections using Ranked-Choice Voting (RCV). In the May 2024 special election voters will continue to use RCV, thus eliminating the need for any runoff election. The use of RCV does not affect any of the actions stated in the resolution calling the election.
Calling for a Special Municipal Election CONSENT CALENDAR to fill the City Council District 4 Vacancy February 29, 2024
The City Charter, State Elections Code, and Government Code require adoption of a resolution requesting consolidation, and authorizing procedural, contractual and organizational actions in connection with the Special Municipal Election to be held on May 28, 2024.
The resolution in Attachment 2: a) calls for a Special Municipal Election to fill the vacancy in the District 4 Council seat; b) requests the Alameda County Board of Supervisors to authorize the Registrar of Voters to provide election administration services for the special election; c) provides authority for the City Clerk to enter into contracts necessary for election supplies and services for the special election; and d) adopts certain administrative policies for the filing of candidate statements.
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: Election Calendar for the May 28, 2024 Special Election 2: Resolution Calling the May 28, 2024 Special Municipal Election
CITY OF BERKELEY - SPECIAL ELECTION CALENDAR
May 28, 2024
Offices to be Elected: City Council District 4
DAYS
PRIOR TO
ELECTION
DATE ACTION TAKEN
90 February 28, 2024 Late Contribution Disclosure Enforcement Period Begins ($1000+) 90 February 28, 2024 Independent Expenditure Disclosure Enforcement Period Begins ($1000+)
82 March 7, 2024
71 March 18, 2024
Signature In-Lieu of Filing Fee - Candidates may collect signatures during this period to offset the $150 filing fee. Valid signatures are worth $1 each. Charter Art. III, Sec. 6.5, BMC 2.16.020 78 March 11, 2024 FILING PERIOD OPENS - CANDIDATE NOMINATION PAPERS 60 March 29, 2024 Close of candidate filing period at 5pm. 60 March 29, 2024
50 April 8, 2024
Review period for nomination documents - candidate statements, Code of Fair Campaign Practices, and nomination petitions. (Nomination petitions may be viewed only, not copied)
57 April 1, 2024
14 May 14, 2024
Filing Period - Candidate Nomination Papers for Write-in Candidates. EC 8601
56 April 2, 2024 Secretary of State to conduct Random Alpha Draw for candidate name order on ballot. EC 13112 & 13113
40 April 18, 2024
21 May 7, 2024
Voter Information & Sample Ballot Pamphlet mailing period.
EC §13303 - 13304, 13306
40 April 18, 2024 First Pre-Election Campaign Statement due. Covers 1/1/24 - 4/13/24 29 April 29, 2024
0 May 28, 2024
Vote-by-Mail Ballot period begins. All voters in District 4 will be sent a ballot in the mail.
29 April 29, 2024 End of In-lieu filing period for write-in candidates (started E-78) 16 May 12, 2024 Start of BERA Late Reporting Period - $100-$999 (Form 497s) 15 May 13, 2024 Last Day to Register to Vote. EC §§2102, 2107 14 May 14, 2024 Close of write-in candidate filing period 14 May 14, 2024 Last day to qualify for public financing program 12 May 16, 2024 Second Pre-Election Campaign Statement due. Covers period 4/14/24 - 5/11/24
7 May 21, 2024 Notice of campaign contributions published online and at designated physical locations. BMC 2.12.065
Election
Day May 28, 2024 Election Day - Charter Art. III, Section 4.
Attachment 1
DAYS
AFTER
ELECTION
DATE ACTION TAKEN
15 June 12, 2024 Letter to committees regarding removal of campaign signs 30 June 27, 2024 Last day for County to certify election results to city. EC §15372 30 June 27, 2024 Deadline to submit matching funds requests 60 July 27, 2024 Deadline to return unspent campaign funds to the City (PubFi) July 31 Semi-Annual Campaign Report Due. Covers period 5/12/24 - 6/30/24
RESOLUTION NO. – N.S.
CALLING FOR A SPECIAL MUNICIPAL ELECTION ON MAY 28, 2024 TO FILL THE CITY COUNCIL DISTRICT 4 VACANCY
WHEREAS, the City Charter of the City of Berkeley provides the right and authority for the City to exercise control over its municipal affairs; and WHEREAS, the City Charter prescribes certain specific processes and timelines for the conduct of a special election; and
WHEREAS, the processes and timelines for a special election in the City Charter are different and unique from those prescribed for general law cities in the Elections Code.
WHEREAS, a Special Municipal Election is required to be held on Tuesday, May 28, 2024, in and for the political subdivision of City of Berkeley, City Council District 4; and WHEREAS, certain actions are required in connection with said election.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Special Municipal Election to be held in the City of Berkeley in District 4 on May 28, 2024 is hereby called.
BE IT FURTHER RESOLVED as follows:
1. In accordance with the provisions of Section 10002 of the Elections Code of the State of California, the Alameda County Board of Supervisors is requested to permit the county elections official to render specified election services for the City of Berkeley Special Municipal Election to be held May 28, 2024.
2. If any other jurisdiction holds an election on the same date, and with overlapping boundaries, the City of Berkeley requests consolidation of the election pursuant to Elections Section 10403.
3. The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk. These services include all necessary services related to signature checking for nomination petitions and signatures-in-lieu of filing fee, official ballot creation, sample ballot and voter information pamphlet preparation, vote-by-mail, vote centers, drop boxes, vote center workers, voter registration, voting machines, canvass operations, and any and all other services necessary for the conduct of the special election.
4. The City hereby requests that the Registrar of Voters conduct the election for City Council District 4 using ranked choice voting in accordance with the executed Memorandum of Understanding between the City and the Registrar as well as Berkeley Municipal Code Section 2.14.010 et seq.
Attachment 2
5. The office of council member requires a 50%+1 majority in the ranked choice voting system to be elected.
6. The City Council of the City of Berkeley approves and endorses the use of five (5) voting choices for candidates on the Ranked-Choice Voting ballot.
7. That the City of Berkeley acknowledges that the election will be held and conducted in the manner prescribed in Elections Code Section 10418, if applicable.
8. The election will be conducted by vote-by-mail only.
9. The office to be voted upon at the Special Municipal Election shall be:
a) One council member seat, District 4, term ending November 30, 2026
10.The City Clerk is hereby directed to cause the posting, publication, and printing of all notices or other election materials pursuant to the requirements of the Charter of the City of Berkeley and the Elections and Government Codes of the State of California.
11.The City Clerk is hereby authorized to enter into any contracts necessary for election consulting services, temporary employment services, printing services, and any such other supplies and services as may be required by the statutes of the State of California and the Charter of the City of Berkeley for the conduct of the May Special Municipal Election.
12.The nomination period for candidates will open at 8:30 a.m. on Monday, March 11, 2024 and close at 5:00 p.m. on Friday, March 29, 2024.
13.Candidates may file a statement of qualification pursuant to the regulations in the Elections Code, the City Charter, the Municipal Code, and the policies set forth below:
a. Candidate statements must be filed no later than the last day to file nomination papers.
b. Candidate statements must be filed at the same time as completed nomination papers are filed.
c. Statements may not be changed once they are submitted. Statements may be withdrawn until 5:00 p.m. on the next business day after the close of the nomination period.
d. Statements are confidential until the close of the nomination period. The statements are subject to public review and contest.
e. There shall be no fee charged by the City for the submission of a candidate statement of qualifications.
f. Statements must be typed or printed from a computer. If prepared on a computer, submission in electronic format, in addition to the required hard copy, is required.
g. Statements shall be submitted in plain text formatting, single paragraph, without any formatting such as underline, bold, italics, or all caps. h. Candidate statements must be in the format provided by the City Clerk when filed.
i. Statements are limited to 200 words. The word counting guidelines in Elections Code Section 9 shall govern the counting of words. j. The candidate statement will be translated into Spanish, Chinese, Vietnamese, and Tagalog pursuant to the requirements of the Federal Voting Rights Act.
k. Signed and completed consent forms are required for each Berkeley resident referenced as an endorser (no less than 5, no more than 20) and for any person and any organization mentioned in the text of the statement as an endorser or supporter.
l. For any discrepancy between the information listed on the hard copy of a candidate statement or candidate statement form and the consent form, the signed consent form will take precedence.
m. The name and title of an endorser will be printed exactly as it is written on the consent form.
n. The total word count for all title(s) of a single endorser shall not exceed 20 words. In the case that there are more than 20 words, the title will be truncated at the 20 th word. Words will be counted in accordance with Elections Code Section 9.
o. Any mention of partisan activity or membership is prohibited. p. Any mention of any opponent or other candidate for the same office is prohibited.
q. Candidates may submit a photograph of themselves to be printed with their statement. Hard copy or electronic photo must be submitted at the same time the candidate statement is filed in order to be included in the voter pamphlet.
14.The City of Berkeley agrees to reimburse the County of Alameda in full for the cost of election services performed.
Communications
All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
City Clerk Department
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Berkeley, CA 94704
(510) 981-6900
Records Online
https://records.cityofberkeley.info/
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