Tuesday, July 9, 2024 AGENDA Page 1
P R O C L AM AT I O N
C AL L I N G A S P E C I AL M E E T I N G O F T H E
B E R K E L E Y C I T Y C O U N C I L
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:
Tuesday, July 9, 2024
5:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708
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 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB 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.
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 UR L: https://cityofberkeley- info.zoomgov.com/j/1611898773. 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: 161 189 8773. 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 [email protected].
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.
Tuesday, July 9, 2024 AGENDA Page 2
Preliminary Matters
Roll Call:
Action Calendar
The public may comment on each item listed on the agenda for action. 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 during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.
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
1. Youth Voting in Berkeley School Board Elections; Ordinance providing for voting by persons aged 16 and 17 years old for office of School Director; Resolution providing for youth voting in November 2024 School Board elections
From: City Attorney
Recommendation:
1. Adopt an ordinance providing for youth voting by persons aged 16 and 17 years old for office of School Director pursuant to Article III, Section 5(3) of the City Charter;
2. Adopt a Resolution calling for youth voting for the office of School Director in the November 2024 Election.
Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Adjournment
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 July 3, 2024.
Jesse Arreguin, Mayor
Public Notice – this Proclamation serves as the official agenda for this meeting.
Tuesday, July 9, 2024 AGENDA Page 3
ATTEST:
Date: July 3, 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.
Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
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:
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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
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.
Please refrain from wearing scented products to this meeting.
Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
Office of the City Attorney
ACTION CALENDAR
July 9, 2024
To: Honorable Mayor and Members of the City Council From: Farimah Brown, City Attorney
Submitted by: Sam Harvey, Deputy City Attorney
Subject: Youth Voting in Berkeley School Board Elections; Ordinance providing for voting by persons aged 16 and 17 years old for office of School Director; Resolution providing for youth voting in November 2024 School Board elections.
RECOMMENDATION
Adopt an ordinance providing for youth voting by persons aged 16 and 17 years old for office of School Director pursuant to Article III, Section 5(3) of the City Charter; Adopt a Resolution calling for youth voting for the office of School Director in the November 2024 Election.
FISCAL IMPACT OF RECOMMENDATION
None. The City Charter requires that no City of Berkeley funds may be used to pay any costs related to youth voting.
CURRENT SITUATION AND ITS EFFECTS
Youth voting in Berkeley School Board elections is permitted under the City Charter.
Article III, Section 5(3) of the Charter provides that the City Council may adopt an ordinance providing for voting by persons aged 16 and 17 years old who would otherwise be eligible to vote, for the office of School Director. The Charter further provides that no City funds may be used, directly or indirectly, to pay any cost related to youth voting.
The attached ordinance would allow for youth voting in Berkeley School Board elections, consistent with the City Charter, by creating Berkeley Municipal Code Chapter
2.15. The ordinance allows voting by persons aged 16 or 17 years old, who would otherwise be eligible to vote under state law. The ordinance further provides that no City funds may be used to cover any costs associated with youth voting. The City has entered into a memorandum of understanding with Alameda County, the City of Oakland, Oakland Unified School District, and Berkeley Unified School District
(“BUSD”), which affirms that BUSD, and not the City of Berkeley, will be responsible for costs associated with youth voting in Berkeley. The City has also entered into an indemnification agreement with BUSD providing that BUSD will indemnify and defend the City in the event of a lawsuit related to youth voting, further ensuring that no City funds will be used for any matter related to youth voting.
The attached ordinance provides that youth voting would need to be authorized each election year by the City Council via a resolution adopted at least 88 days prior to each election. The attached resolution authorizes youth voting for School Director in the November 2024 election. The ordinance also provides that BUSD could adopt a resolution specifying that youth voting shall not be permitted in a given election year.
The ordinance also clarifies that, in the event youth voting is not implemented at any time, for any reason, including but not limited to administrative, technical, or financial infeasibility, voting for School Director shall be conducted in accordance with standard election procedures.
BACKGROUND
In November 2016, Berkeley voters approved Measure Y1, which amended the City Charter to authorize the City Council to pass an ordinance allowing 16 and 17-year-olds to vote in School Board elections if certain conditions are met, including that no City funds may be used for any related cost, that equipment, software, systems, and procedures for voter registration and voting are technically ready for youth voting; and that youth voting will not result in additional election costs that will be paid directly or indirectly by the City of Berkeley. The Alameda County Registrar of Voters, which administers elections in Berkeley, has recently taken steps to make youth voting technically and administratively feasible, including contracting with a vendor to put in place necessary software, such that it will be feasible for the Registrar to administer youth voting for the November 2024 election.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
The ordinance and resolution would implement Article III, Section 5(3) of the City Charter, allowing for youth voting in School Board elections in the November 2024 election, and providing for youth voting in subsequent elections subject to City Council resolution authorizing youth voting in each given election.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Samuel Harvey, Deputy City Attorney, City Attorney’s Office (510) 981-6950
Attachments:
1: Ordinance
2: Resolution
ORDINANCE NO. #,###-N.S.
ADDING CHAPTER 2.15 ELECTIONS – YOUTH VOTING
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code Chapter 2.15 is hereby added:
2.15.010 Definitions.
2.15.020 Findings.
2.15.030 Authorization.
2.15.040 Cost and Terms of Implementation.
2.15.050 Election Procedures if Youth Voting is Not Used.
2.15.060 Severability.
2.15.010 Definitions.
“Youth Voting” means voting for the office of School Director by persons aged 16 or 17 years old who would otherwise be eligible to be voters under the California Elections Code.
“Youth Voter” means a person aged 16 or 17 who is registered to vote for the office of School Director.
2.15.020 Findings.
In 2016, Berkeley voters adopted Measure Y1, which amended the City Charter to enable the City Council to adopt an ordinance providing for voting for the office of School Director by persons ages 16 and 17 years old who otherwise meet the requirements for voting in California.
2.15.030 Authorization.
The City Council hereby authorizes the use of Youth Voting for the office of Berkeley School Director. Youth Voting shall be conducted and administered in accordance with City Charter Article III, Section 5.
2.15.040 Cost and Terms of Implementation.
A. In no event shall the City pay any of the direct or indirect costs for Youth Voting, nor shall City funds be used to replace or reimburse funds used for such purposes by any public agency or private entity.
B. The City may enter into agreements with the County of Alameda and/or other jurisdictions implementing Youth Voting setting forth the terms by which Youth Voting will be implemented, including by specifying the manner, method, or times in which Youth Voting may be conducted and such votes may be cast. The manner, method or time for Youth Voting need not be the same as for other persons voting in City elections.
C. The procedures developed by the California Secretary of State for pre-registration under state law shall be the exclusive means by which a person aged 16 or 17 may register to vote for Berkeley School Director. Any person aged 16 or 17 who is pre- registered to vote with the California Secretary of State and a resident of Berkeley will automatically be registered to vote for the office of Berkeley School Director.
D. Notwithstanding any other provision of the Charter or Berkeley Municipal Code, youth voting will only be permitted in a given election for Berkeley School Director if so authorized via a resolution passed by the City Council and filed with the Alameda County Registrar of Voters on or before 88 days prior to the election, or as otherwise filed as required by law. No such authorization shall be provided in a particular election if the Berkeley Unified School District Board of Education passes a resolution specifying that Youth Voting shall not be permitted in a given election.
E. Unless otherwise required by state or federal law, the Alameda County Registrar of Voters, in fulfilling a request from the City for election services consistent with the provisions of this chapter, may choose to release only deidentified Youth Voter information for the purposes of candidate campaigns under California Elections Code section 2194.
F. This Chapter shall apply only to the ability to cast a ballot in elections for Berkeley School Director. This chapter shall not authorize Youth Voters to qualify or be a candidate, including a write-in candidate, for the office of Berkeley School Director, pursuant to Article V, Section 10 of the Berkeley City Charter. This section shall not authorize Youth Voters to sign nominating petitions or qualifications statements for candidates pursuant to Article III, Section 6.1 of the Berkeley City Charter. Nothing in this Chapter shall alter the definition of “voters” or “qualified elector” as generally used in the Berkeley Charter or Berkeley Municipal Code.
G. A request for election services submitted to the Alameda County Registrar of Voters for the purposes of implementing this chapter may request that the Registrar provide public notice of the procedures for how Youth Voters may vote in elections for Berkeley School Director.
2.15.050 Election Procedures if Youth Voting is Not Used.
In the event that Youth Voting is not implemented or is suspended at any time, for any reason, including but not limited to administrative, technical, or financial infeasibility, the voting and election for School Director shall be conducted in accordance with standard election procedures as prescribed in the City Charter, Municipal Code, and state law.
2.15.060 Severability.
If any word, phrase, sentence, part, section, subsection, or other portion of this ordinance, or any application thereof in any circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not
having been declared void, unconstitutional or invalid, shall remain in full force and effect. The Council of the City of Berkeley hereby declare that they would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
RESOLUTION NO. –N.S.
RESOLUTION AUTHORIZING YOUTH VOTING FOR THE OFFICE OF SCHOOL DIRECTOR IN THE NOVEMBER 2024 ELECTION
WHEREAS, Article III, Section 5(3) of the Berkeley City Charter provides that the City Council may adopt an ordinance providing for voting by persons aged 16 and 17 years old who would otherwise be eligible to vote, for the office of School Director; and WHEREAS, the Berkeley City Council has adopted an ordinance creating Berkeley Municipal Code (“BMC”) Chapter 2.15, allowing voting by persons aged 16 or 17 years old, who would otherwise be eligible to vote under state law, for the office of School Director; and
WHEREAS, BMC section 2.15.040.D provides that the City Council must authorize youth voting for the office of School Director for each election in which youth voting shall be permitted; and
WHEREAS, the City Council wishes for youth voting for the office of School Director to be implemented for the November 2024 election; and
WHEREAS, the Alameda County Registrar of Voters administers elections in the City of Berkeley.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that voting by persons aged 16 and 17 years old who would otherwise be eligible to vote for the office of School Director is hereby authorized for the November 2024 election.
BE IT FURTHER RESOLVED as follows:
1. The Registrar of Voters of Alameda County is requested to perform services in connection with youth voting for the office of School Director. These services include all necessary services related to 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 implementation of voting by persons aged 16 and 17 years old for the office of School Director in the November 2024 election.
2. The City Council requests that the Registrar of Voters of Alameda County place a vote center on the campus of Berkeley High School, if doing so is reasonably feasible and practical.