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Record of Proceedings

Berkeley City Council Meeting – March 19, 2024: Shell Mound Land Transfer, Small Cell Agreement, and Ceasefire Calls

City Council — Tuesday, March 19, 2024
BodyBerkeley, California
SessionCity Council
DateTuesday, March 19, 2024
StatusFILED
Video Record
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0:05

Good evening, everybody.

0:07

Welcome to the Berkeley City Council meeting of March 19th, 2024.

0:13

Mayor Aragine is unable to attend in person tonight, although he's joining us through teleconference.

0:22

And I will be the presiding officer at our meeting tonight.

0:28

I'd like to report out on actions the city council took a closed session on March 18th, 2024, pursuant to government code section 54956.9 D2.

0:41

We approved a settlement by stipulations and request for award as to the workers' compensation matter number ADJ 15654682.

0:53

The City Council also approved a settlement in the matter of J versus City of Berkeley et al.

0:58

Alameda County Supreme Superior Court Case number 22 CV 018197 in the amount of 45,000 in exchange for a release of all claims against the city.

1:13

Now we'll move on to ceremonial matters.

1:17

Councilmember.

1:19

Oh, I'm sorry.

1:20

Yes.

1:22

Will the city clerk please take roll call?

1:24

Okay.

1:25

Councilmember Kissarwani here.

1:29

Present.

1:30

Bartlett.

1:32

It is absent.

1:33

On present.

1:37

Vice Mayor Wengraff.

1:39

Present.

1:39

Councilmember Humbert.

1:41

Present.

1:41

And Mayor Aragine.

1:43

Present.

1:44

Okay.

1:44

Quorm is present.

1:46

Thank you very much.

1:47

We'll move on to ceremonial matters now.

1:50

And Councilmember Taffman.

1:52

Did you want to adjourn this meeting in memory?

1:55

Yes.

1:56

Thank you, Madam Vice Mayor, and good evening, everyone.

1:58

I also adjourn tonight's meeting in memory of Heather Remer, who was my constituent who was tragically murdered on University Avenue.

2:08

And who was the first homicide of the year for the city of Berkeley?

2:14

And I extend my deepest consult condolences to her her loved ones and those who survive her and I asked we adjourn her memory and may she rest in peace.

2:27

Thank you.

2:28

Thank you, Councilmember Taplin.

2:30

And we extend our condolences to her family and friends.

2:34

This is really um from my point of view, a double tragedy.

2:40

Thank you very much.

2:43

Tonight we're very honored to have Karina Gould with us in the audience.

2:52

She is chairperson of the Confederated Villages of Hishan, and she would like to address us at this time.

2:59

Karina, please come to the mic.

3:09

Good evening, Mayor and Vice Mayor and all city council members and to the public here.

3:15

I just wanted to say I wasn't able to be here last week, and you know, I wanted to be in person today.

3:21

And so it looks like Jesse and I have uh switched positions.

3:25

Um, and he's on teleconference.

3:28

But I just wanted to um say thank you all for the wonderful work that we have all done together over the last six years and this fight that we have taken on as the public as well for the last eight years to ensure the preservation and protection of the sacred site that we know as the West Berkeley Shell Mound.

3:48

On behalf of my ancestors and my grandchildren and those yet to be born for those that will find this place, a place of solace and a place that we can gather together as one.

4:01

I thank you so much for all of the hard work that the city council has done and the legal team here at the City of Berkeley has done to ensure that the preservation of the West Berkeley Shell Mount is um complete.

4:15

And I hope that we find during consent calendar that we have your continued vote and support to ensure that we will uh continue on and that we will find the West Berkeley Shell Mount in a reimagined state that brings thousands of people to the city of Berkeley to visit and to learn about not just the past, but the resiliency of our people.

4:38

And so just thank you from the bottom of my heart.

4:52

Councilmember Casawani, do you have a proclamation that you'd like to present?

4:57

Yes, I do.

5:02

Yes, please.

5:03

Okay.

5:04

So we are uh I'm very uh proud to issue this proclamation tonight.

5:09

This is to celebrate uh Berkeley Mount Zion Missionary Baptist Church's 78th anniversary, whereas Berkeley Mount Zion Missionary Baptist Church is celebrating its 78th anniversary in 2024, having provided the community a safe place of worship and fellowship through which the church's mission has been well maintained by its dedicated members, and whereas the church continues to be a thriving and growing congregation, even after facing the pandemic in 2020, and under the leadership of pastor teacher Brian Hunter, uh, now continues to be a beacon of light to its neighboring community, and whereas church members demonstrate a large large measure of love, concern, and caring for the work of the church for one another and the community at large, one example being their support for those affected with food insecurities through its Helping Hands Food Project, which is well over 40 years old, and whereas Berkeley Mount Zion Missionary Baptist Church has only continued to grow over the years, with the mission of the church remaining true to its vision to empower the people of God through ministry beyond Sunday morning.

6:22

Now, therefore be it resolved that Mayor Jesse Atageen of the City of Berkeley does hereby honor Berkeley Mount Zion Missionary Baptist Church on the occasion of their 78th anniversary with sincere congratulations and best wishes for many more productive years as a church family and community chap champion.

Discussion Breakdown — Share of Meeting
Public Comment███████████████████19%
Procedural█████████████████17%
International Relations██████████████14%
Technology and Innovation███████████11%
Public Transit████████8%
Surveillance Technology█████5%
Public Works████4%
Public Health████4%
Cultural Recognition███3%
Summary of Proceedings

Berkeley City Council Meeting – March 19, 2024: Shell Mound Land Transfer, Small Cell Agreement, and Ceasefire Calls

The Berkeley City Council met on Tuesday, March 19, 2024, at 6:00 pm, with Vice Mayor Susan Wengraf presiding (Mayor Jesse Arreguín joined via teleconference). The meeting included ceremonial proclamations, an AC Transit update, an auditor's report, public comments on non-agenda matters (largely focused on demands for a Gaza ceasefire), approval of the consent calendar including the historic rematriation of the West Berkeley Shell Mound, and action on a master license agreement for small cell telecommunication facilities. The meeting was repeatedly disrupted by protesters calling for a ceasefire resolution.

Ceremonial Matters

  • Councilmember Terry Taplin adjourned the meeting in memory of Heather Rhymer, the city's first homicide victim of 2024.
  • Karina Gould, chairperson of the Confederated Villages of Lisjan, thanked the council for the preservation and rematriation of the West Berkeley Shell Mound.
  • Councilmember Rashi Kesarwani presented a proclamation honoring Berkeley Mount Zion Missionary Baptist Church's 78th anniversary.
  • Vice Mayor Wengraf presented a proclamation declaring March 19, 2024 as "Elsa Tranter Day" for her over 250 beach cleanups since 2019.

Presentations

  • AC Transit Senior Transportation Planner Catherine Vow and External Affairs Representative Ryan Lau presented the Durant Quick Build Project, which includes a transit-only lane on Durant Avenue between Fulton and College, three bus boarding bulbs, and a transit signal at Durant/College. Construction is planned for spring 2024 with a 4–6 month timeline. Councilmember Taplin discussed enforcement (red paint, signage, forward-facing cameras) and invited AC Transit to public safety and fiscal committees.
  • City Auditor Jenny Wang reported on audit follow-ups: the 2018 code enforcement audit found some recommendations unimplemented due to lack of staffing funding; a consultant is now performing a staffing analysis. On fleet replacement and street paving audits, she noted progress on performance measures but emphasized that deferred maintenance requires outside funding.

Public Comments & Testimony (Non-Agenda Matters)

  • Numerous speakers urged the council to pass a ceasefire resolution for Gaza, with many condemning the council's inaction and accusing members of complicity in genocide. Some speakers expressed support for Israel's right to self-defense and praised the council for focusing on local issues.
  • Other comments: Greg Dable objected to a public toilet being built directly in front of his store at Telegraph and Channing, requesting it be moved 25 feet. Suzanne DeWitt, a Holocaust survivor, argued Israel has the right to defend itself after the October 7 attack. Sarah Alessie supported adding family and relationship structure to non-discrimination code. Several speakers praised the shell mound rematriation, and others raised concerns about police violence and access to People's Park.

Consent Calendar

  • Council voted unanimously (6-0) to approve the consent calendar after a motion to suspend rules and allow 30 minutes of public comment on consent items passed with a 6-0 procedural vote.
  • Key consent items included:
    • Second reading and adoption of an ordinance for the acquisition of real property at 1900 Fourth Street for rematriation to the Sogorea Te' Land Trust (West Berkeley Shell Mound).
    • Item 5: Charging infrastructure for government fleets.
    • Item 7: Purchase order for a storm sewer cleaner.
    • Item 8: East Bay Hills Wildfire Prevention Coordinating Group representative selection (Vice Mayor Wengraf recognized).
  • Item 9 (Master License Agreement for small cell facilities) was initially proposed to be moved to consent but remained on the action calendar after Councilmember Mark Bartlett preferred to hear public comment.

Discussion Item: Action Item 9 – Master License Agreement for Small Cell Telecommunications Facilities

  • Public Works Engineering Manager Ron Nevels and Deputy City Attorney James Chang presented the MLA, which allows telecom companies (AT&T, T-Mobile, Verizon) to attach small cell antennas to city-owned light poles. The agreement sets an annual fee of $303 per pole (FCC safe harbor rate), a 10-year term with a 5-year automatic renewal (maximum 20 years), and requires compliance with the city's 2020 aesthetic guidelines and noise ordinance. Each installation requires a separate permit.
  • Council discussion: Councilmember Sophie Hahn confirmed with staff that local control is maximized under federal law; aesthetic guidelines apply to both wooden and light poles. Mayor Arreguín verified that the 2020 code and guidelines remain applicable. Councilmember Hahn made a motion to approve; Councilmember Kesarwani seconded.
  • Public comments: Over a dozen speakers opposed the MLA or urged tabling, citing health effects from radiofrequency emissions (including personal accounts of electromagnetic sensitivity), insufficient public input, the need for higher fees, and concerns that the MLA preempts stronger local regulation. Some speakers referenced a legal analysis from attorney Ariel Strauss suggesting the city could negotiate better terms. Supporters of the rematriation also spoke on consent items.
  • Vote: The council voted 5-0 to approve the MLA as presented (Councilmember Bartlett was absent).

Key Outcomes

  • Approved consent calendar (6-0), including the rematriation of the West Berkeley Shell Mound.
  • Approved the Master License Agreement for small cell telecommunications facilities (5-0, Bartlett absent).
  • Meeting adjourned after the action item, with a motion to suspend rules passing 6-0.

Meeting Transcript

Good evening, everybody. Welcome to the Berkeley City Council meeting of March 19th, 2024. Mayor Aragine is unable to attend in person tonight, although he's joining us through teleconference. And I will be the presiding officer at our meeting tonight. I'd like to report out on actions the city council took a closed session on March 18th, 2024, pursuant to government code section 54956.9 D2. We approved a settlement by stipulations and request for award as to the workers' compensation matter number ADJ 15654682. The City Council also approved a settlement in the matter of J versus City of Berkeley et al. Alameda County Supreme Superior Court Case number 22 CV 018197 in the amount of 45,000 in exchange for a release of all claims against the city. Now we'll move on to ceremonial matters. Councilmember. Oh, I'm sorry. Yes. Will the city clerk please take roll call? Okay. Councilmember Kissarwani here. Present. Bartlett. It is absent. On present. Vice Mayor Wengraff. Present. Councilmember Humbert. Present. And Mayor Aragine. Present. Okay. Quorm is present. Thank you very much. We'll move on to ceremonial matters now. And Councilmember Taffman. Did you want to adjourn this meeting in memory? Yes. Thank you, Madam Vice Mayor, and good evening, everyone. I also adjourn tonight's meeting in memory of Heather Remer, who was my constituent who was tragically murdered on University Avenue. And who was the first homicide of the year for the city of Berkeley? And I extend my deepest consult condolences to her her loved ones and those who survive her and I asked we adjourn her memory and may she rest in peace. Thank you. Thank you, Councilmember Taplin. And we extend our condolences to her family and friends. This is really um from my point of view, a double tragedy. Thank you very much. Tonight we're very honored to have Karina Gould with us in the audience. She is chairperson of the Confederated Villages of Hishan, and she would like to address us at this time. Karina, please come to the mic. Good evening, Mayor and Vice Mayor and all city council members and to the public here. I just wanted to say I wasn't able to be here last week, and you know, I wanted to be in person today. And so it looks like Jesse and I have uh switched positions. Um, and he's on teleconference. But I just wanted to um say thank you all for the wonderful work that we have all done together over the last six years and this fight that we have taken on as the public as well for the last eight years to ensure the preservation and protection of the sacred site that we know as the West Berkeley Shell Mound. On behalf of my ancestors and my grandchildren and those yet to be born for those that will find this place, a place of solace and a place that we can gather together as one.

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