Public Meetings - Berkeley, California

This special work session, held at 3:30 PM at the School District Board Room, focused on two key items: a status report on the Reimagining Public Safety initiative and the CityGate workload and organizational study of the Berkeley Police Department. The meeting included presentations from city staff, CityGate consultants, Police Chief Jen Lewis, and the Director of Police Accountability, followed by public comment and council discussion. Councilmember Terry Taplin participated remotely under AB 2449 due to emergency circumstances, approved by a 5-0 vote. Public Comments & Testimony - Anaya Shergill (UC Berkeley student): Urged terminating the use of rental police on campus, citing poor response to threats and lack of accountability for private security personnel. - Unnamed speaker (in person): Criticized the SCU for lack of cooperation with police, noting a situation where neither responded after three referrals. Also expressed concern that the domestic violence proposal does not fully incorporate community and provider experiences. - Blair Beekman (Zoom): Praised the city’s academic approach to reimagining public safety, and encouraged continued community-centered work. - Ilana Auerbach (Zoom): Noted that the original goal was to reduce police footprint by 50%, now lost in the "reimagine" framing. Criticized delays in gun violence prevention program (GVIP) after $2 million allocated, stating three teens were killed during the delay. Also expressed concern that 13% of SCU responses involved police, undermining trust in the service. - Unnamed speaker (in person on CityGate): Highlighted lack of community policing and poor officer visibility; encouraged attending CIT conferences for officer wellness and crisis response models. - Emily Raguso (Berkeley Scanner): Commended BPD’s responsiveness to public information requests, calling it a model agency. - Kelly Hamkrin (Zoom): Questioned how reducing overtime will affect officers dependent on higher income. Discussion Items 1. Reimagining Public Safety Status Report - City Manager's office (Carianna Arredondo) presented an overview of the initiative, moving into Phase 3. Key updates included: - Office of DEI (Rex Brown): Integrating anti-racism and equity; planning an RFP for a reparations process consultant. - Specialized Care Unit (SCU) (Scott Gilman): Since September 2023, received over 1,500 calls, dispatched to 800, with 700 resolved without police. Currently moving toward 24/7 operation by December 2024. Average 3–7 calls per day. Staffing and pay challenges noted. - Language equity: Translating key resources into Spanish, Mandarin, Cantonese, Korean, Vietnamese, Tagalog; more languages available upon request. - Youth programs: Berkeley High Wellness Center logged over 1,120 student visits; McGee Avenue Baptist Church and Berkeley Youth Alternative funded for violence prevention; over 1,600 individual and 900 group counseling sessions provided. - Gun Violence Intervention and Prevention (GVIP): $2 million investment; contract with Live Free USA and partners; soft launch begun. - Vision Zero: Staffing vacancies slowing progress; projects on Adeline and San Pablo underway. - Dispatch needs assessment: Recommended implementing priority dispatch protocols (estimated $375,000 for three sets plus training) to improve triage and alternative response. Turnover rate higher than national average; replacing a telecommunicator costs $200,000. - Council questions/comments: - Councilmember Lunaparra expressed concern that SCU materials imply it is only for substance abuse/mental health; asked for clearer scope. Also raised pay and retention issues. - Councilmember Tregub asked about SCU hours and education efforts; noted confusion among multiple emergency numbers. Called for refined call analysis to identify more calls suitable for non-police response. - Councilmember Humbert reserved comments until after CityGate report. - Councilmember Bartlett stressed need to rework SCU to be more robust and noted possible resource leakage due to provider serving multiple jurisdictions. 2. CityGate Workload and Organizational Study of the Police Department - Stuart Gary (CityGate): Emphasized that recommendations are complementary, not either-or; alternative response is a steep hill but Berkeley is climbing. - Richard Ward (CityGate): Presented findings from data analysis, interviews, and a staff survey (68 responses). Key findings: 60 officers in patrol is unsustainable; 34,000 hours of overtime in patrol; call volume and time on scene increasing; officer-initiated activity declined; morale concerns due to burnout. Recommendations include: - Add 15 officers to patrol (4 to teams 1,2,3; 3 to weekend team 7) plus 5 CSOs. - Modify use-of-force reporting for Level 1 (lowest level) to reduce administrative burden; report still documented but sergeant response not required unless body camera fails. - Add dispatchers, a cold case detective, second school resource officer, additional crime scene technician, traffic enforcement personnel, and civilian jail manager. - Expand use of CSOs for tasks like report writing and towing. - Improve span of control in records and dispatch. - Chief Jen Lewis: Agreed with themes of sworn resource allocation, organizational health, CSO expansion, and process efficiency. Highlighted progress with All-Star recruiting (5x more applicants). Goal: add 5 officers annually for 3-5 years. Plans to build a flexible response team. SCU currently handles 1% of calls but potential for 12%; CSOs could handle 7-10%. Committed to implementing priority recommendations within existing budget. - Police Accountability Board (Hansel Aguilar reading Leah Wilson's remarks): Urged formal adoption of comparator agencies and response time standards before adding positions; recommended redistributing work to CSOs, evaluating SCU impact, addressing internal culture, and not lowering use-of-force reporting requirements. Also called for CSOs to be under PAB oversight. - Council discussion: - Vice Mayor Wengraf focused on dispatch staffing and space; current 23 dispatchers vs. 36 target. Supported hiring more dispatchers and noted police are expensive to use for non-emergency tasks. - Councilmember Humbert thanked all involved, emphasized the need for balanced priorities given budget constraints, and supported adding a second school resource officer. - Councilmember Lunaparra aligned with PAB concerns about lowering use-of-force reporting; argued that increasing police staffing before fully implementing alternative response contradicts the original reimagine goal. - Councilmember Tregub asked about community policing vision; Chief Lewis emphasized relationship-building through proactive patrol and flex teams. Also discussed mental wellness programs and preference for peer-to-peer support. Supported revisiting Level 1 reporting with safeguards. - Mayor Arreguin reflected on the initiative's progress over four years, noting that reimagining and supporting police are not mutually exclusive. Stressed need for realistic staffing projections (reaching 181 officers likely by 2032) and urged sustainable funding for both police and community programs. Dispatch is central to a diversified response; proposed an eventual omnibus Department of Community Safety. Key Outcomes - No formal votes on the substance; this was a work session to provide feedback. - Procedural vote: Council approved Councilmember Taplin’s remote participation under AB 2449 (5-0). - Council adjourned at approximately 5:15 PM (prior to the 6:00 PM regular meeting). - Next steps: Staff will incorporate council comments into implementation of the CityGate report and Reimagining Public Safety Phase 3. A follow-up report is expected in spring/summer 2025, focusing on dispatch assessment and SCU progress.

The Berkeley City Council held a regular meeting on Tuesday, October 15, 2024, at 6:00 PM in the School District Board Room (1231 Addison Street) and via teleconference. The meeting was conducted in a hybrid format. The council approved a 20-item consent calendar, including an urgent resolution supporting California Proposition 6, and continued one item to November 12, 2024. Several items were referred to committees or commissions. The meeting adjourned after the consent calendar vote, without taking up action calendar items. Ceremonial Matters - Proclamations presented to Gordon Wozniak (former councilmember and Parks Commissioner) and for National Breastfeeding Month 2024. - The meeting was adjourned in memory of Arthur Boom, a community environmental activist. Public Comments & Testimony - Non-Agenda Public Comment: Speakers addressed the Black Repertory Group Theatre lease negotiations, alleging inequitable treatment compared to other theaters. City staff reported sending a lease agreement to the theater's attorney on October 4, 2024, and proposed a meeting on October 30, 2024. A speaker also raised concerns about the city's compliance with California Public Records Act requests. - Consent Calendar Public Comment: Multiple speakers (approximately 15) voiced strong support for Item 20 (Cal Sailing Club berths), emphasizing the club's community sailing programs, safety training, and low-cost access. Several speakers opposed Item 21 (tax exemption for R&D grants), arguing it benefits large biotech firms at the expense of small businesses and residents. A few speakers supported Items 22 (skate park naming), 25 (police brutality resolution), and 26 (community safety plans). One speaker urged passage of the Prop 6 resolution. Discussion Items - Urgent Item – Resolution Supporting Proposition 6: Councilmember Tregub introduced an urgent resolution to support Proposition 6 (removing involuntary servitude from the California Constitution). The item was added to the consent calendar by a two-thirds vote (8-0). Councilmember Bartlett expressed strong support, noting the historical link between slavery and prison labor. The resolution passed as part of the consent calendar. - Item 20 – Cal Sailing Club Berths (Council Consent): Councilmember Taplin proposed a resolution to retain six J-Dock berths for nonprofit sailing instruction. The city manager presented amended language requiring compliance with city policy on berth use by nonprofits. The council approved the amended resolution unanimously. - Item 21 – Tax Exemption for R&D Grants (Mayor’s Item): Mayor Arreguin requested to continue this item to November 12, 2024, for additional public review. The council unanimously agreed. The mayor stated the estimated economic impact is $9,000 per year. Some councilmembers expressed concerns about timing and conflicts of interest. - Item 22 – Naming Harrison Street Skate Park (Council Consent): Councilmember Kesarwani’s referral to name the skate park after Terrance McCrary Jr. was supported by several councilmembers. It was referred to the Parks, Recreation and Waterfront Commission. - Item 23 – Russell Street Halloween Festivities (Council Consent): Councilmember Humbert’s resolution to allocate discretionary funds (up to $1,000 per councilmember) for the event was approved. Several councilmembers donated $250 or $100 from their budgets. - Item 24 – Zero NOx Building Code Amendments: The city manager removed this item from the agenda for further analysis. - Item 25 – Resolution Opposing Police Brutality (Former Councilmember Harrison): Councilmember Lunaparra noted she helped draft the resolution and urged its passage. The council did not take action; the item remained on the agenda but was not voted on before adjournment. - Item 26 – Community Safety Plans (Councilmember Hahn): Councilmember Humbert moved to refer the item to the Public Safety Policy Committee. The council unanimously approved the referral. Consent Calendar - Approved as amended (unanimous, 8-0): All items on the consent calendar were approved in one motion, including: - Urgent resolution supporting Prop 6 - Item 20 (Cal Sailing Club berths) with amended language - Item 22 (skate park naming) referred to commission - Item 23 (Halloween festivities) with donations - Item 21 continued to November 12, 2024 - Various contracts, purchase orders, grant applications, and code amendments (Items 1–19, 21–23) Key Outcomes - Resolution Supporting Prop 6: Adopted (8-0). The city clerk will send copies to state officials. - Cal Sailing Club Berths: The council approved the resolution retaining six J-Dock slips for nonprofit sailing instruction, subject to compliance with city policy. - Tax Exemption for R&D Grants: Continued to the November 12, 2024 council meeting for further discussion. - Skate Park Naming: Referred to the Parks, Recreation and Waterfront Commission. - Halloween Festivities: Approved with $1,000 from Councilmember Humbert and additional contributions from Vice Mayor Wengraf ($150), Councilmember Bartlett ($250), Councilmember Lunaparra ($250), Councilmember Hahn ($250), Councilmember Kesarwani ($100), and Councilmember Taplin ($250). - Police Brutality Resolution: No action taken; item remains on the agenda. - Community Safety Plans: Referred to the Public Safety Policy Committee. - Zero NOx Building Code: Withdrawn from the agenda by the city manager. Adjournment The meeting was adjourned at approximately [time not specified] after a motion to suspend the rules and adjourn was approved (8-0).

The Berkeley City Council held a regular meeting on Tuesday, October 1, 2024, at 6:00 PM in the School District Board Room, 1231 Addison Street, Berkeley, CA. The meeting was conducted in a hybrid format, with Councilmember Wengraf participating via Zoom. Key actions included approving the consent calendar (which included a $150,000 budget referral for La Peña Cultural Center and a referral to name a street after Daniel Ellsberg), receiving public comments on various non-agenda and consent items, and participating in a land acknowledgement and Indigenous People's Day proclamation. Consent Calendar - Item 1: Approved amendments to the Unrepresented Employee Manual for Measure KK compliance (City Charter Section 113). - Item 2: Authorized a grant application to MTC for the fourth phase of the Berkeley Bay Trail Extension Project (up to $4 million). - Item 3: Authorized acceptance of a $1,000,000 HUD grant for the African American Holistic Resources Center Project, including pre-construction work and appropriation of funds. - Item 4: Approved the first reading of an ordinance amending the Berkeley Hazardous Materials and Waste Management Code (BMC Chapter 15.12). - Item 5: Authorized two grant applications to MTC for Southwest Berkeley Bike Boulevards (up to $4 million) and Adeline Street Quick-Build (up to $1.05 million). - Item 6: Approved a budget referral and technical support for La Peña Cultural Center, including a one-time emergency grant of $150,000, subject to evaluation, to be considered in the November budget process. - Item 7: Moved to consent to refer a resolution to name a major street after Daniel Ellsberg to the Transportation and Infrastructure Commission for review, consistent with the city's street naming policy. Public Comments & Testimony - Employee Union Comment: Jocelyn Goldsmith DeSena, SEIU 1021, urged the council to place a ceasefire resolution on the next agenda, referencing the Peace and Justice Commission's recent passage and the union's position. - Non-Agenda Public Comment: - Ian Cordova Morales alleged that a city staff member entered a protest encampment, kicked tents, and photographed property without permission; he requested an investigation. - Andrea Henson, a civil rights attorney, expressed alarm about the alleged staff actions, calling them law enforcement tactics and a violation of free speech. - Eid commented on international conflicts, urging peace and expressing concern about U.S. foreign policy. - Pastor Derek Mann and others spoke about the Black Repertory Theater, stating that despite a handshake agreement, no funding had been received, and they demanded support. The Mayor and City Manager stated that negotiations are ongoing and a draft document would be shared soon. - Carol Morosovic expressed frustration about the lack of implementation of an encampment wellness team and reported a man kicking a tent of an unhoused person. - Kelly Hammergren thanked the Peace and Justice Commission for passing a ceasefire resolution. - You Mitchell (Black Rep) asked for resolution on funding; the Mayor reiterated that lease negotiations are ongoing. - Blair Beekman called for peaceful approaches to homelessness and international conflicts. - Consent Calendar Public Comments: - Consuelo Tudor Hernandez, Executive Director of La Peña Cultural Center, described the organization's temporary crisis, its 50-year history, and its importance to the community. - Anna Fox Hodas, Board Chair of La Peña, expressed confidence in recovery and highlighted the organization's strong community engagement. - Multiple community members, including Jan Thayer and Carol Pearson, voiced strong support for La Peña. - Grace Maurice Allen and Jackie Cabasso spoke in favor of naming a street after Daniel Ellsberg, citing his legacy of peace and moral courage. - Patricia Ellsberg, Daniel Ellsberg's wife, spoke about his dedication to peace, urging council to honor his memory. - Other speakers expressed support for La Peña and the Ellsberg street naming, with some comparing it to the renaming of Grove Street to Martin Luther King Jr. Way. - Phyllis Olin also spoke on the Ellsberg item, emphasizing its importance for future generations. Discussion Items - Consent Calendar Discussion: - Councilmembers expressed strong support for the La Peña Cultural Center item (Item 6), citing its cultural significance and the “perfect storm” of challenges. - Councilmember Humbert noted the importance of the Ellsberg street naming but emphasized the need to follow the traditional process, suggesting it not be a major street due to cost. - Councilmember Bartlett thanked staff and Congresswoman Barbara Lee for the HUD grant for the African American Holistic Resources Center. - Closed Session Report: The Mayor reported that the council had met in closed session on September 30, 2024, and approved stipulated settlements in several workers' compensation matters. Key Outcomes - Consent calendar approved by unanimous vote (8-0). - All items on the consent calendar were adopted, including the La Peña referral and the Ellsberg street naming referral. - The meeting adjourned at approximately 8:30 PM.

The Berkeley City Council held a special meeting on Monday, September 30, 2024, beginning at 6:00 PM, to consider a single agenda item: the adoption of Berkeley Municipal Code Chapter 13.89, the Community/Tenant Opportunity to Purchase Act (COPA/TOPA), introduced by former Councilmember Kate Harrison. The meeting was conducted in a hybrid format, with Councilmember Terry Taplin participating remotely under AB 2449 due to just cause. Mayor Jesse Arreguin arrived after a brief recess. The Council heard extensive public comment, deliberated on two motions, and ultimately voted to refer a COPA-based program for study rather than adopting the proposed ordinance. Public Comments & Testimony - Supporters (approximately 30 speakers): Tenants, affordable housing advocates, nonprofit representatives (e.g., East Bay Community Law Center, Bay Area Community Land Trust, Berkeley Student Cooperative), and labor union members (SEIU 1021) urged adoption of TOPA, citing tenant displacement, the need to preserve naturally occurring affordable housing, and successful models in Washington, D.C., and San Francisco. Many shared personal stories of eviction threats or building sales. Several speakers supported Councilmember Lunapara's supplemental for further administrative review. - Opponents (approximately 15 speakers): Small property owners, real estate brokers, and representatives of the East Bay Rental Housing Association and Berkeley Property Owners Association opposed TOPA, arguing it would burden small landlords, create administrative complexity, delay sales, discourage investment, and not create new housing. They noted that Berkeley already has strong tenant protections (just cause eviction, demolition ordinance) and a small sites program. Some called for an equity study before implementation. Discussion Items - Councilmember Cecilia Lunapara and Councilmember Igor Tregub presented a substitute motion to refer the current Harrison item to the city manager for analysis of fiscal, operational, and administrative impacts, including the San Francisco COPA program and other comparable tenant acquisition models. The motion also included a $100,000 budget referral for the study. The motion failed on a vote of 3–6 (yes: Bartlett, Tregub, Lunapara; no: Kesarwani, Taplin, Hahn, Wengraf, Humbert, Mayor). - Councilmember Sophie Hahn presented a main motion to refer to the city manager a study of a program based on San Francisco's COPA, with additional concepts: a potential requirement for nonprofits to offer co-op conversion within a set number of years, a building size threshold, administrative costs and funding sources, notice and right of first refusal for tenants, and a review of other jurisdictions' tenant acquisition programs. The motion also included a $100,000 budget referral. The motion passed 6–3 (yes: Taplin, Bartlett, Tregub, Hahn, Lunapara, Mayor; no: Kesarwani, Wengraf, Humbert). - Councilmembers expressed concerns about the Harrison ordinance's complexity, staff capacity (only one housing policy staff member available), and lack of dedicated funding. The mayor noted that the Harrison ordinance was not right-sized for Berkeley and supported the COPA approach as a more feasible first step. Key Outcomes - The Council defeated the substitute motion to refer the Harrison ordinance for analysis (3–6). - The Council approved the main motion (Hahn) to study a COPA-based program, including a $100,000 budget referral, with a 6–3 vote. - The referral will examine San Francisco's COPA model, potential co-op conversion requirements, appropriate building size thresholds, administrative costs, funding sources, tenant notice/right of first refusal, and comparable programs in other jurisdictions. - The item will be processed through the City Council's regular referral and review process (RRV). No ordinance was adopted at this meeting.

The Berkeley City Council held a regular hybrid meeting on Tuesday, September 24, 2024, starting at 6:00 PM. The meeting included ceremonial proclamations, public comments on non-agenda matters, approval of a consent calendar, and extensive discussion on proposed amendments to the City Council Rules of Procedure and Order. Key actions included adoption of the consent calendar (with amendments) and referral of the rules revisions back to the Agenda & Rules Committee for further work. Ceremonial Matters - The Council presented proclamations declaring October 5, 2024 as BORP Adaptive Sports and Recreation Expo Day and the week of September 21–27, 2024 as United Against Hate Week. - Councilmember Humbert reported a serious injury at the Warring and Derby intersection (Zachary’s Corner) and noted that a redesign funded by a $1 million UC Berkeley settlement is underway. City Manager Comments - New City Manager Paul Bootenhagen welcomed back and thanked interim manager Latonia Bellow. He committed to working with the Council on community priorities. Public Comments & Testimony - Non-Agenda Matters: Multiple speakers urged the Council to honor financial commitments to the Black Repertory Theater, citing unmet promises of funding. Others criticized the city’s encampment policy, called for a ceasefire resolution, and objected to the Mayor’s use of a communications consultant. Some unhoused individuals spoke about the impact of encampment sweeps and lack of services. - Consent Calendar Public Comment: Speakers offered positions on several items: - Item 3 (Encampment Policy): Several speakers opposed the policy, arguing it criminalizes homelessness without providing adequate shelter or services, referencing the Grants Pass Supreme Court decision. Some business owners supported the policy citing safety concerns. - Item 7 (Civic Arts Fund Request): Supporters, including Civic Arts Commissioners, stressed the need for a nexus study to sustain public art funding, while Councilmember Humbert argued it would burden housing development. - Item 10 (Measure Y Clarification): Supporters from the Parks & Waterfront Commission and former Councilmember Wozniak spoke in favor of clarifying that the parks tax increase would fund waterfront parks, urban forestry, and capital projects. - Other speakers commented on wildfire hardening (Item 2), homeless services, and digital literacy resources. - Action Calendar Public Comment (Item 11, Rules of Procedure): - Kit Saginar, chair of the Open Government Commission, thanked the Council for adopting some OGC recommendations but expressed concerns about putting items with a negative recommendation on consent and about the timing of late supplements. She urged that city manager items meet the same transparency standards as council items. - Another speaker noted the need for better training of commissioners and clearer procedures. Discussion Items - Item 11 – City Council Rules of Procedure and Order Revisions: - City Clerk Mark Numainville presented the proposed rules changes, which aimed to incorporate hybrid meeting practices, align with state law, and implement recommendations from the Agenda & Rules Committee and the Open Government Commission. - Councilmember Kesarwani offered a supplemental package with amendments, including: removing automatic move to action for items with three no/abstain votes; aligning holidays with BUSD spring break; adding objective criteria for “major items” (e.g., implementation over 6 months, budget impact $200,000); streamlining report content; allowing Council to overturn the chair’s reordering of the agenda by majority vote; requiring a current Council member to resubmit items from former officials; and reducing Council speaking time on consent to 3 minutes. - Councilmembers debated the definition of major items, staff workload, Brown Act implications, and transparency. Several expressed support for passing non-controversial technical changes quickly while referring substantive disagreements back to committee. - Mayor Arreguin and others noted the need for input from the new City Manager and for a deliberate process. - The Council voted unanimously (8-0) to refer the entire rules package back to the Agenda & Rules Committee, with direction to bring back non-controversial changes as soon as possible and to consider all other proposed amendments afterward. Key Outcomes - Consent Calendar Adopted (8-0): The Council approved all items on the consent calendar as amended. Notable amendments: - Item 7 (Civic Arts Fund Request): Amended to become a budget referral for the November 2024 and June 2025 budget cycles, rather than direct allocation. - Item 9 (Restaurant Inspections Study): Added co-sponsors and clarifying edits. - Item 10 (Measure Y Clarification): Adopted revised language clarifying that the parks tax increase would fund waterfront parks (including Cesar Chavez Park), urban forestry, and capital projects. - Action Item 11 (Rules of Procedure): Referred back to the Agenda & Rules Committee for further refinement, with a commitment to return non-controversial amendments quickly. - Black Repertory Theater: City Manager Bootenhagen confirmed that staff will meet with Black Rep representatives this week to present a term sheet, following closed-session direction from the Council.

The Berkeley City Council held a special meeting on Monday, September 16, 2024, at 6:00 PM at the School District Board Room, 1231 Addison Street. The meeting focused on two agenda items: an action to advance the Ashby BART Transit-Oriented Development (TOD) project and a presentation on the Berkeley-El Cerrito Corridor Access Plan (BECCAP). After roll call, Mayor Jesse Arreguin welcomed new City Manager Paul Budenhagen and reported actions taken in closed session, including a settlement in the Fisher v. City of Berkeley case (approving policy changes for remote attendance and paying $58,000 in attorney's fees) and authorization to initiate a cross complaint in Kong v. City of Berkeley. The council unanimously approved the Ashby BART TOD resolution and heard the BECCAP presentation for information. Consent Calendar - No consent calendar items were on the agenda. Public Comments & Testimony - On Item 1 (Ashby BART TOD): Over 20 speakers addressed the council in person and via Zoom. Many speakers, including representatives from Equitable Black Berkeley, South Berkeley Now, Healthy Black Families, East Bay Housing Organizations, and community residents, expressed strong support for moving forward but raised concerns about affordability levels. Several speakers advocated for 100% affordable housing, arguing that the proposed 35-50% affordable units would not fully address historical displacement of Black residents and wealth extraction. Others, like Charles Gary of the Berkeley Flea Market Board, thanked staff and BART partners and noted the flea market's long involvement. Some speakers criticized the speed of the process and lack of transparency for flea market vendors. A few speakers raised design concerns, emphasizing the need for active frontages on Ashby Avenue and Adeline Street. One resident expressed sadness over losing sunset views due to future building heights. Most speakers urged maximizing deeply affordable units (30% AMI) and ensuring community benefits are enforceable. - On Item 2 (BECCAP): Four speakers commented. One speaker supported safety escort programs but noted they should be teams of two. Another expressed skepticism about reducing parking without adequate transit alternatives for hill residents. One speaker praised the data-driven approach and urged shifting away from cars for climate goals. A parent noted the challenges of using transit with children and encouraged incentivizing the transition. A resident of North Berkeley warned that reduced BART parking would push cars into surrounding neighborhoods without better shuttle service. Discussion Items - Item 1: Ashby BART Transit-Oriented Development (TOD) – The council considered a resolution authorizing the City Manager and City Attorney to draft binding agreements with BART based on a term sheet negotiated over 18 months. Key terms included: a land-for-air-rights swap (city gives up West Lot air rights for sole ownership of the East Lot), at least 50% affordable housing for the first 602 units on the West Lot (targeting extremely low to moderate incomes), a minimum 35% affordable on additional units and East Lot, $26.5 million in city affordable housing funds reserved, a permanent space for the Berkeley Flea Market (5,000 sq ft below-market-rate ground floor), a community benefits fund seeded with $150,000 annually from East Lot revenues, and infrastructure improvements including a road diet on Adeline Street. Councilmembers and staff emphasized that this was a major step for equitable development and that 100% affordability was not economically feasible given voter rejection of Measure L and limited funding. Councilmember Rashi Kesarwani asked about coordinating affordable housing preference policy with coordinated entry for deeply affordable units. Councilmember Terry Taplin noted the investment in subsidized housing despite past bond failures. Councilmember Susan Wengraf (present but did not vote when roll was called) was absent for the vote. The resolution passed unanimously (8-0, with Wengraf not recorded). - Item 2: Berkeley-El Cerrito Corridor Access Plan (BECCAP) – Rachel Factor, BART Principal Planner, presented the BECCAP, a corridor-wide multimodal access plan for the Ashby, North Berkeley, and El Cerrito BART stations. The plan, completed in 2023, includes parking management strategies, bike/pedestrian improvements, and transit connections. It recommends maximum BART rider parking of 85 spaces at Ashby (16% of current) and 200 spaces at North Berkeley (29% of current). The presentation noted that over 81% of Ashby drivers and 64% of North Berkeley drivers live within a 15-minute walk, bike, or bus shed. BART has secured over $39 million in grants for TOD-related access improvements. Councilmembers raised concerns about: the lack of reliable AC Transit service for hill residents (Routes 65 and 67), the difficulty of enforcing parking for those with genuine need, the high cost per ride of potential shuttle services ($70), and the need for safety improvements at downtown Berkeley station. Councilmember Igor Tregub suggested increasing accessible parking spaces. Councilmember Ben Bartlett noted autonomous shuttles as a future possibility. No action was taken on the presentation. Key Outcomes - Ashby BART TOD Resolution Adopted: The council voted 8-0 (with Councilmember Wengraf absent for the vote) to adopt a resolution authorizing the City Manager and City Attorney to draft and advance contractual agreements with BART per the attached term sheet. The next steps include bringing binding legal documents (e.g., real estate transfer agreement) back to council in November 2024, initiating objective design standard processes, and BART issuing a developer solicitation in December 2024, aiming for developer selection by June 2025. The term sheet includes a minimum of 50% affordable housing for the first 602 units on the West Lot and 35% overall, plus community benefits. - No Action on BECCAP: The BECCAP was presented for information only; no vote was taken. Councilmembers and the mayor emphasized continued advocacy with AC Transit to maintain and improve service for hill residents, and expressed intent to work with BART on funding applications and safety improvements. - Closed Session Actions Reported: The council approved a settlement in Fisher v. City of Berkeley requiring policy changes on remote attendance for boards/commissions and payment of $58,000 in attorney's fees. The council also authorized a cross complaint in Kong v. City of Berkeley.

The Berkeley City Council met on Tuesday, September 10, 2024, from 6:00 PM to approximately 11:30 PM (meeting extended) at the School District Board Room. The meeting was held in a hybrid format. The council addressed a 37-item agenda, including consent calendar items, a public hearing on ambulance fees, and a highly contested encampment policy resolution. The meeting featured extensive public comment, with over 50 speakers on the encampment item alone. Consent Calendar - The council approved the consent calendar as amended, with Items 13, 25, and 27 moved to the action calendar for separate votes due to recusals (Mayor on Item 13, Councilmember Wengraf on Items 25 and 27). Item 8 (Council Rules of Procedure) was continued to the September 24 meeting. Items 31A and 31B (Panoramic Hill secondary evacuation) were adopted. All other consent items were approved unanimously. Public Comments & Testimony - Non-Agenda Matters: Several speakers addressed concerns about hate crimes, police response to mental health crises, lack of transparency in shelter data, and harassment of journalists during encampment sweeps. A representative from AC Transit reminded the public about the Realign public comment period. - Consent Calendar: Speakers opposed the All-Star Talent contract for police/fire recruiting ($1.3 million) and the Mental Health Services Act update, calling for more clinician outreach and less spending on police. The Panoramic Hill evacuation item was supported. - Item 37 – Encampment Policy: Approximately 50 speakers voiced positions. Supporters (business owners, residents, Chamber of Commerce) cited fire hazards, rodent infestations, unsafe conditions, and the need for tools to address dangerous encampments. Opponents (unhoused advocates, medical professionals, students, clergy, Peace and Justice Commission) argued the policy criminalizes homelessness, violates human rights, will lead to displacement without solving root causes, and disproportionately harms Black and LGBTQ+ individuals. Specific testimony from a street medicine provider highlighted that sweeps disrupt medical care and increase health risks. The Berkeley Homeless Union presented a formal letter threatening legal action if the policy is enacted. - Public Hearing on Item 36 (Ambulance Fees): A few speakers questioned collection rates and criticized treatment of unhoused patients during transport. Discussion Items - Item 36 – Ambulance Transport Fee Increase: The council held a public hearing and adopted a resolution adjusting fees to match Alameda County’s approved schedule effective July 1, 2024. The vote was unanimous (8-0). - Item 37 – Encampment Policy Resolution: Councilmember Kesarwani introduced the main motion, which affirms the city’s commitment to offer shelter when feasible but allows six specific exceptions for enforcement (fire hazard, health hazard, public nuisance, traffic danger, authorized work, interference with utilities) without a prior shelter offer. She proposed a floor amendment replacing “citation and arrest” with “enforcement of state and local laws” to align with Berkeley’s “care first, jails last” approach. Councilmember Hahn offered a substitute motion to direct staff to enforce existing temporary non-commercial item (TNC) policies at the two named encampments, approve the BMC changes, and refer to staff for a more nuanced policy that includes affirmative outreach commitments. The substitute motion failed (1-7, with only Bartlett voting yes). The main motion, as amended, passed 8-0. Councilmember Hahn’s friendly amendment for an off-agenda memo detailing outreach practices was accepted. Key Outcomes - Item 37 – Encampment Policy: Adopted (8-0) with amendments: (1) floor amendment removing explicit “citation and arrest” language, replaced with “enforcement of state and local laws”; (2) first reading of ordinance amending BMC Chapter 14.48 to authorize the City Manager to revise Administrative Regulation 10.2; (3) commitment to produce an off-agenda memo describing current outreach and shelter offer practices. The policy allows enforcement without a shelter offer in six specific, narrowly defined circumstances. - Item 36 – Ambulance Fee Increase: Adopted (8-0). - Consent Items: Approved as amended, with separate votes on Items 13 (Mayor recused, passed 7-0), 25 (Wengraf recused, passed 7-0), and 27 (Wengraf recused, passed 7-0). Item 8 continued to September 24. - Items 31A & 31B – Panoramic Hill Evacuation: Adopted (8-0), directing the Fire Department to engage landowners and coordinate a feasibility study for a secondary evacuation route. - Other Actions: The council designated a voting delegate for the League of California Cities conference, and approved numerous contracts, grants, and donations as listed on the consent calendar. Meeting Statistics: The meeting lasted over 5 hours. Over 50 public comments were received on Item 37 alone. The city reported a 45% reduction in unsheltered homelessness since 2019, 1,500 people rehoused, and 700 shelter offers with a 44% acceptance rate (81% for non-congregate).

On Monday, August 5, 2024, the Berkeley City Council held a special meeting at 6:00 PM in the School District Board Room to consider placing two versions of the Berkeley Tenant Protection and Right to Organize Act on the November 5, 2024 ballot. After hours of public testimony and deliberation, the council voted 5–0–2 (with two abstentions) to approve a compromise version (Item 1b) as amended, sending a pro-tenant measure to voters alongside a competing landlord-sponsored measure. Public Comments & Testimony - Over 80 members of the public spoke, both in person and via Zoom. Speakers included tenants, small property owners, rent board commissioners, union members (UAW 4811, SEIU), students, and representatives from the East Bay Rental Housing Association and Berkeley Association of Realtors. - Supporters of the measure described personal experiences with mold, unsafe conditions, rent gouging, and threats of eviction. They argued that the measure would expand rent control to previously exempt government-subsidized housing (e.g., Harriet Tubman Terrace, Strawberry Creek Lodge), lower the annual rent cap, and create enforceable tenant right-to-organize. Many emphasized that Berkeley is a majority-renter city and that voters deserve a choice. - Opponents, including small owners of golden duplexes and ADUs, warned that stricter regulations would discourage renting out units, reduce housing supply, and harm tenants by driving up rents. They cited rising costs for insurance, utilities, and maintenance, and argued that the ballot measure failed to qualify via signature gathering (60 signatures short) and was rushed without proper fiscal analysis. - Several speakers noted that 53% of Berkeley renter households are rent-burdened (paying more than 30% of income toward rent). Discussion Items Item 1a (Councilmember Lunaparra): Proposed the original Tenant Protection and Right to Organize Act, which included phasing out the golden duplex exemption, a 3% rent increase cap, and expanded coverage for government-subsidized housing. Item 1b (Mayor Arreguin & Councilmember Hahn): A compromise that retained the golden duplex exemption, kept the 3% rent cap (later amended to 5%), included a right-to-organize for properties with 10+ units (or 1–9 with a property manager), and added a housing retention funding commitment of at least $1.1 million. It also restored coverage for certain government-subsidized units and added utility metering flexibility. Amendments: - Councilmember Humbert moved to raise the rent cap from 3% to 5% and to change the eviction threshold from one month's fair market rent to one month of the tenant's most recent lawful periodic rent. The first part passed (5–3), the second failed (4–4). - Councilmember Tregub offered a friendly amendment to allow rent board approval of alternative metering technologies, which was accepted. - A non-substantive clean-up amendment was also approved. Key Outcomes - Vote on Item 1b as amended: Passed 5–0–2 (Councilmembers Kesarwani and Humbert abstained; Councilmembers Bartlett, Tregub, Lunaparra, Mayor Arreguin, and Hahn voted yes; Councilmembers Taplin and Wengraf were absent). - The council designated Mayor Arreguin, Councilmember Lunaparra, and Councilmember Tregub as authors of ballot arguments. - The measure will appear on the November 5, 2024 ballot alongside a competing landlord-sponsored initiative. The city attorney and clerk were directed to make non-substantive clarifying edits before submission.

The Berkeley City Council met on July 30, 2024, at 6:00 PM in a hybrid format. The meeting included urgent appointments, a consent calendar with numerous routine approvals, a detailed audit report on restaurant inspections, and a contested zoning appeal regarding the Fantasy Records Building. The meeting was extended twice (to 11:15 PM and then 11:30 PM) to accommodate discussion. Consent Calendar - Urgent Item – Appointment of Director of Health, Housing and Community Services: Adopted a resolution confirming Scott Gilman as permanent director, effective August 4, 2024, at an annual salary of $272,685.09. The council voted unanimously (7-0) to add this item to the consent calendar. - Urgent Item – National Night Out Funding: Approved expenditure of $500 from Councilmember Bartlett’s discretionary fund (and contributions from others – Bartlett $200, Wengraf $250, Tregub $250, Humbert $250, Lunaparra $200) to McGee Avenue Baptist Church for the August 6, 2024, event. - Other Consent Calendar Items (Items A–17): Adopted second readings for ordinances on Measure KK compliance (Item A), Youth Musical Theater Company leases at Aquatic Park (Item B) and Live Oak Theater (Item 10), ODPA office lease (Item C), and approved minutes (Item 1), contract amendments (Items 2, 7, 8), commission appointments (Item 3 – HWCAC), classification/salary new positions (Items 4–6), lot line adjustments (Item 9), grant acceptance (Item 11 – Cannabis Tax Fund $111,716.80), purchase orders for prisoner transport vehicle (Item 12 – $340,000) and parking enforcement vehicles (Item 13 – $400,000), referrals for Curb Management Plan (Item 14) and Ashby BART EIFD analysis (Item 15 – $100,000), resolution supporting Registry Bill HR1511/S2606 (Item 16), and Berkeley Student Cooperative skylight repair funding (Item 17 – $500 contributions from multiple councilmembers). All approved unanimously, with Councilmember Lunaparra abstaining on Item 12 (prisoner transport vehicle) due to environmental concerns. Public Comments & Testimony - Non-Agenda Matters: Speakers raised concerns about the golden duplex exemption (complex legal issues), the urgency of the missing middle stakeholder process (requesting more time), ongoing violence in Gaza (calling for ceasefire), mistreatment of unhoused individuals in Homekey motels, a proposal for a safe stay encampment at Golden Gate Fields, and criticism of the mayor over doxxing incident. Several speakers thanked Councilmember Lunaparra for her advocacy on Palestine and immigration issues. - Consent Calendar: Speakers supported the Berkeley Student Cooperative (BSC) skylight repair, noting CZ’s role housing 1,300 low-income students and the urgency before the rainy season. One speaker opposed Item 12 (prisoner transport vehicle) arguing it enables mass arrests and criminalization of poverty. Another speaker supported Item 16 (Registry Bill), emphasizing the need for a path to citizenship for 8.5 million undocumented immigrants. A Berkeley Humane representative (letter read aloud) urged preserving office space at 2600 Tenth Street for nonprofits. - Item 18 – Restaurant Inspections: No oral public comments beyond a few Zoom speakers thanking the auditor and urging thorough follow-up. - Item 19 – ZAB Appeal (2600 Tenth Street): Approximately 15 speakers – primarily filmmakers and arts advocates – argued that filmmaking is an art, that the space should be protected as an art/craft studio, and that Wareham Development’s conversion to R&D threatens the creative community. Speakers cited the building’s history (Academy Award-winning films), the loss of affordable space, and the legally protected status of artists established before 1989. Some noted Wareham had gutted studios without consultation. A few supported the appeal (approving the use permit), including a former ZAB member who said the space was clearly media production, not protected. Discussion Items - Auditor’s Presentation of FY2025 Audit Plan (Ceremonial): City Auditor Jenny Wong presented the annual audit plan, highlighting accomplishments (30 recommendations implemented across 7 departments), planned audits (Rent Stabilization Board, affordable housing, contracts), and updates on the whistleblower program (24/7 hotline, retaliation protections). Council expressed appreciation and invited ongoing input. - Item 18 – Berkeley Restaurant Inspections Audit: Auditor Wong presented findings: in 2023, 45% of food facilities were not inspected (193 restaurants, 46% of uninspected), the department missed targets for foodborne illness complaints (only 26% responded within 1 business day), and did not track program spending separately. Recommendations included developing inspection plans, tracking revenue, filling vacancies (1 food inspector and supervisor roles unfilled for 4 years), and implementing placarding once stable. The new HHCS Director Scott Gilman confirmed a conditional offer for an inspector, recruitment for supervisor, and a plan to clear the 2023/2024 backlog by end of 2024 using temporary contract inspectors and a new tracking system. He acknowledged low morale and pledged support. Councilmembers asked about performance metrics, feasibility of three annual inspections for high-risk facilities, public data portal issues, and the possibility of merging with Alameda County. Motion to adopt auditor’s recommendations with an initial report back by December 2024 passed unanimously. - Item 19 – ZAB Appeal for 2600 Tenth Street (Fantasy Records Building): This was an appeal of the Zoning Adjustment Board’s denial of an Administrative Use Permit to convert three tenant spaces (9,750 sq ft) from media production to research and development, adding to the existing 29,303 sq ft of R&D. Staff recommended upholding the appeal and approving the AUP, arguing the established use (since 1971) was media production (not protected arts/craft), and the space was vacant since 2008. Appellant/applicant Wareham Development contended the building is an office building and the protected arts definition does not apply. Opponents (filmmakers) argued they are artists, the space was used for film production (an art), and the building is a cultural hub. The council, after extended debate, voted 6-0 (Mayor Arreguin and Councilmember Taplin recused under Levine Act) to uphold the appeal and reverse ZAB, thereby granting the use permit. Vice Mayor Wengraf and Councilmember Hahn acknowledged the importance of protecting the arts but concluded on technical zoning grounds the use was media production, not protected arts/craft. Key Outcomes - Appointment of Scott Gilman confirmed as HHCS Director (unanimous). - Consent Calendar approved as amended including all urgent items and routine approvals (unanimous). - Restaurant Inspections Audit recommendations adopted with report back by December 2024 (unanimous). - 2600 Tenth Street ZAB Appeal resolved by granting the Administrative Use Permit, reversing ZAB’s denial (6-0). - Meeting extended twice to complete agenda; adjourned after final votes.