Council, by resolution, make required monthly findings and authorize
the continued use of teleconferencing for public meetings of the City
Council and all the City’s boards, commissions, and committees
pursuant to Assembly Bill 361 until such time that the state and county
declarations of public health emergency are lifted.
Attachments:
14. PUBLIC COMMENT ON NON-AGENDA MATTERS
This is the time when any person may address the Council on matters not
listed on this agenda, but which are within the subject matter jurisdiction of
the Council. This public comment period will begin no earlier than 5:00 p.m.
and will be limited to twelve speakers selected randomly by the Mayor. Each
speaker will be allowed three minutes. Speakers who do not have an
opportunity to speak during this time will be allowed to make public comment
under Agenda Item 18.
Voice message public comments received for non-agenda items may be
played under Agenda Item 14 or at Item 18. Recorded public comments are
limited to three minutes to mirror in-person meeting protocols.
15. REPORT ITEMS
15.1
REPORT - RESOLUTION MAKING REQUIRED FINDINGS AND
APPROVING THE HIRING OF JEFFREY BERK, RETIRED
ANNUITANT, AS A TEMPORARY EMPLOYEE TO SERVE AS
PART-TIME ACTING CHIEF ASSISTANT CITY ATTORNEY FOR A
PERIOD OF LIMITED DURATION (This item was continued from the
January 24, 2023, Regular Meeting)
BACKGROUND: Jeffrey Berk retired from his position as Chief
Assistant City Attorney as of January 4, 2023. The City is currently
conducting an open recruitment for his replacement. It is anticipated
that the recruitment could take four to six months. There are critical
issues and projects pending which will need to be addressed while the
recruitment for a permanent replacement is underway. Mr. Berk has the
specialized knowledge and skills to address those critical issues and
projects. Existing staff resources are not otherwise sufficient to
undertake that work. To ensure a smooth transition and uninterrupted
City operations, it is recommended that Mr. Berk return as a Temporary
Employee to serve in the position of part-time Acting Chief Assistant
City Attorney pursuant to the provisions of Government Code sections
7522.56, 21221(h), and 21224. In particular, Government Code section
21221(h) permits the hiring of a CalPERS retired annuitant to a vacant