OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Berkeley City Council Regular Meeting June 4, 2024: Budget, Appointments, and Development Appeals

City Council — Tuesday, June 4, 2024
BodyBerkeley, California
SessionCity Council
DateTuesday, June 4, 2024
StatusFILED
Video Record
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0:00

Good evening.

0:01

I'd like to call to order the regular meeting of the Berkeley City Council for Tuesday, June 4th, 2024.

0:06

The first order of business is roll call.

0:08

If the city clerk can please call the role.

0:10

Councilmember Castarwani is absent.

0:13

Taplin.

0:14

Present.

0:14

Bartlett is absent.

0:17

On present.

0:18

Wengraf.

0:19

Present.

0:19

Luna Para.

0:21

Here.

0:22

Umbert.

0:22

Present.

0:23

And Mayor Ardeen.

0:24

Present.

0:25

Quorum of the City Council is present.

0:26

Thank you.

0:27

Before I proceed to our next agenda item, I would like to report out from the closed session meeting of the city council held yesterday on Tuesday, June 3rd.

0:41

Well, first, I want to report out the actions taken at a prior closed session on May 13th.

0:45

The City Council convened in closed session on May 13, 2024, an approved settlement in the amount of $60,952.92 cents to resolve FLSA and MOU claims by members of the Berkeley Firefighters Association regarding several add-on pays, out of class pay, hourly differential pay, excess, sickly payout, and cash in lieu of insurance pays.

1:09

The city council also convened in closed session on June 3rd, 2024, and approved amendments to section 30.1 of the memorandum of understanding with the Berkeley Firefighters Association and Section 4.2 of the MOU to the Berkeley Chief Fire Officers Association, which have been accepted by those employee organizations.

1:30

The City Council also met in closed session yesterday on Tuesday, June 3rd, and authorized the city attorney to settle the case of Lisa Romero versus 1031 Gilman LLC at Alm, Alamina County Superior Court case number, RG 21107163 for $25,000 in exchange for release of all claims against the city.

1:52

The city council also met in closed session, authorized the city attorney to settle the claim of Peter Wong for property damage caused by a zero waste vehicle and the amount of $16,315.30 cents.

2:04

So those are the actions the council took on May 13th and on June 3rd in closed session.

2:09

And before I proceed to ceremonial matters, I'd just like to make a few announcements.

2:15

Want to welcome everyone to this meeting of the Berkeley City Council to allow full participation by all members of the community and to ensure that important city business is able to be completed.

2:26

We ask that all attendees conduct themselves in an orderly manner and respect the rights of others participating in the meeting.

2:32

Please be aware that the city council rules of decorum prohibit the disruption of the orderly conduct of the city council meeting.

2:38

A summary of these rules is available in the one-page handout on the table at the rear of the boardroom.

2:43

Disruptive behavior includes but is not limited to shouting, making disruptive noises, creating or participating in a physical disturbance, speaking out of turn or in violation of applicable rules, preventing or attempting to prevent others who have the floor from speaking, preventing others from observing the meeting, entering into or remaining in an area of the meeting room that is not open to the public or approaching the council days without consent.

3:06

We ask that you observe these rules so all members of the public may observe and participate in tonight's meeting.

3:11

We thank you all for being here and look forward to your participation tonight.

3:14

So with that, we'll proceed to ceremonial matters.

3:18

Actually, prior to that, I have to read the land acknowledgement statements.

3:31

And the statement is on the published city council agenda as well.

3:37

The city council recognizes that the community that we live in is built on the territory of Huchun, the ancestral unceded land of the Chechenyo speaking Alone people, the ancestors and descendants of the sovereign Verona Band of Alameda County.

3:51

This land was and continues to be of great importance to all of the Ohlone tribes and descendants of the Verona Band.

3:57

As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shell Mound, and the Alone people who continue to reside in the East Bay.

4:10

We recognize that Berkeley residents have and continue to benefit from the use and occupation of this unceded stolen land since the city of Berkeley's incorporation in 1878.

4:20

As stewards of the laws regulating the city of Berkeley, it's not only vital that we recognize the history of the slam, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today.

4:31

The City of Berkeley will continue to build relationships with the Tlejan and other tribes and create meaningful actions to uphold the intention of this land acknowledgement.

4:39

So we'll now proceed to ceremonial matters.

4:41

Now I want to turn the floor to Councillor Taplin, who will present a proclamation.

4:45

Thank you, everyone.

4:46

And uh thank you, Mr.

4:48

Mayor, and uh good evening, everyone, rather.

4:49

Uh although thank you all for being here tonight.

4:52

I'm reading a proclamation um recognizing the annual third Saturday in August is Berkeley Pride Day.

5:00

I'm happy to be reading at the first meeting of June, which is uh LGBTQ Pride Month.

5:03

Thank you.

5:04

Um, whereas the City of Berkeley, California, in partnership with local community groups, businesses, and institutions, holds a long distinguished tradition in forging a more inclusive society that welcomes, honors, and nurtures the LGBTQIA plus community.

5:18

And whereas for more than 50 years, the city of Berkeley has proudly served as home and partner to the Pacific Center for Human Growth, the oldest LGBTQIA plus center in the Bay Area, and a pioneering provider of compassion and mental health care services for the local LGBTQIA plus community through accessible low-cost therapy, peer support groups, educational workshops, advocacy, and other programming that supports and uplifts vulnerable historically marginalized and underserved members of our community and promotes her self-expression and whereas the Berkeley community has consistently demonstrated its commitment to the LGBTQA plus equal.

5:53

Sorry.

5:55

Whereas the Berkeley community has consistently demonstrated its commitment to LGBT LGBTQIA plus equality and well-being through groundbreaking steps, such as the University of California at Berkeley offering the first undergraduate LGBTQIA plus studies course in the United States in 1970.

6:09

Berkeley becoming one of the first cities in the nation to establish a domestic partnership registry in 1984.

6:14

Berkeley being the first American city to mail AIDS information packets to every resident in 1987, and Berkeley emerging as the first city in the United States to proclaim bisexual pride and by visibility day in 2020 and 20 in 2012.

6:27

2012, sorry, there's lots of twos.

6:31

And whereas the city of Berkeley possesses deep historical ties to LGBTQIA plus Pride and has consistently sponsored vibrant celebrations of the community's culture, diversity, and acceptance, ranging from the 1973 East Bay Gay Festival, produced by Pacific Center at Wheeler Park to Gay Day Festivals at the North Berkeley Senior Center to annual Pride and the Plaza events in downtown Berkeley.

Discussion Breakdown — Share of Meeting
Public Comment███████████████15%
Affordable Housing██████████████14%
Public Works███████████11%
Labor Relations████████8%
Procedural███████7%
Youth Programs██████6%
Budget Equity Analysis█████5%
Public Engagement████4%
Public Safety████4%
Summary of Proceedings

Berkeley City Council Regular Meeting June 4, 2024

This regular meeting of the Berkeley City Council, held on June 4, 2024, was called to order at 6:00 PM. The council addressed a lengthy consent calendar, conducted public hearings on the fire code, building codes, and a major development appeal, and received presentations on the proposed Fiscal Years 2025 and 2026 budget and associated Capital Improvement Program (CIP). Key appointments included an interim and a new city manager. Public comment focused on parking permits for Berkeley High School educators, youth program funding, the small sites housing program, and labor concerns.

Consent Calendar

  • Urgency Items Added: The council added two urgent items by a two-thirds vote:
    • Berkeley High School RPP Permits: Adopted a resolution clarifying the calculation of Neighborhood Servicing Community Facilities residential preferential parking permits for Berkeley High School employees. The formula multiplies total employees by 0.6 to yield the maximum permit number, then subtracts parking spaces provided by BHS to get the unparked employee number; permits issued up to the lower of the two numbers.
    • Fire Department Lease: Adopted an urgency ordinance to lease multiple properties on 9th and 8th Streets for the Berkeley Fire Department, with lease terms ranging from 232 to 240 months.
  • Consent Calendar Approval: The consent calendar was approved by an unanimous vote (7-0-1, Councilmember Lunaparra abstained on item 33). Notable items included:
    • Second readings of ordinances repealing the natural gas ban (Ordinance No. 7,907-N.S.), amending FY 2024 appropriations, establishing EV charging fees, and amending commissioner leave of absence procedures.
    • Contracts for various services: parking benefit district formation, fine art services, fire department alternative medical response unit pilot ($510,000), mobile CAD system, and others.
    • Grant applications for active transportation projects (up to $4 million for Southwest Berkeley Bike Boulevards, up to $1.05 million for Adeline Street Quick-Build).
    • Appointment of LaTanya Bellow as Interim City Manager (effective July 11, 2024 to September 15, 2024, at a prorated annual salary of $401,722.10).
    • Appointment of Paul Buddenhagen as City Manager (effective September 16, 2024, at an annual salary of $401,722.10).
    • Approval of reappointment of Monica Renee Jones to the Mental Health Commission.
    • Several tax rate ordinances for FY 2025 (e.g., Measure FF firefighting tax at 0.1220% per square foot, parks tax at $0.2210 per square foot, affordable housing bond tax at 0.0250%, and others).
    • A temporary appropriation of $50,000,000 for FY 2025 payroll.
    • Support for H.R. 7849 (Disaster Resiliency and Coverage Act).
    • Approval of council office budget funds for Berkeley Humane's adoption event ($500 from Councilmember Taplin, with additional contributions from others).
    • Item 47 was moved to consent with no action taken as it was moot.

Public Comments & Testimony

  • Employee Unions: Representatives from Berkeley Firefighters Local 1227 spoke in strong support of the fire department lease. SEIU 1021 representatives raised concerns about the city's refusal to engage in open and coordinated bargaining and called for a ceasefire resolution on Palestine. SEIU maintenance and clerical chapters reported reaching a tentative agreement with the city.
  • Non-Agenda Matters: Speakers urged support for Black Repertory Theater, a ceasefire in Gaza, funding for youth programs (Berkeley Junior Jackets), and improved communication from city officials.
  • Consent Calendar: Multiple speakers supported the Berkeley High School parking permit item, including Regina Chigoya (Berkeley Federation of Teachers) and a BUSD board member. Yavette Holtz (Lorin Business Association) supported item 5 on parking benefit districts. Others expressed concerns about police vehicle purchases and questioned the fire department alternative medical response unit's integration with existing services.
  • Budget (Item 46): Over 30 speakers addressed the budget, primarily advocating for:
    • Berkeley Junior Jackets: Youth and parents requested funding to support this 54-year-old community program.
    • Small Sites Program: Tenants and land trust representatives urged full funding to preserve affordable housing at buildings like 2627 California Street.
    • Arts Organizations: Speakers from Aurora Theatre (requesting emergency funding to avoid closure) and Black Repertory Theater sought city support.
    • Other: Festival grants, capital project grants, Casadero camp creek erosion, and the small sites program were highlighted.

Discussion Items

  • Item 43 – Fire Code Adoption: Second reading of Ordinance No. 7,903-N.S. adopting local amendments to the 2022 California Fire Code. Public hearing opened and closed with no public testimony. Approved unanimously.
  • Item 44 – Building Codes Re-Adoption: Second reading of Ordinance No. 7,906-N.S. repealing and reenacting Berkeley Building Codes. Public hearing opened and closed with no testimony. Approved unanimously.
  • Item 45 – ZAB Appeal (2113-15 Kittredge Street): This was a public hearing on an appeal of the Zoning Adjustments Board's approval of Use Permit ZP2022-0144 for an 18-story, 211-unit mixed-use building with a 24,273-square-foot live theater space on a landmarked site (preserving the front facade). The appellant, East Bay Residents for Responsible Development, argued the project has significant air quality and historic resource impacts, does not qualify for a CEQA infill exemption, and should provide community benefits. The applicant, Gilbane Development, responded that the project complies with state law and that conditions of approval address concerns.
    • Councilmember Lunaparra recused herself due to prior ZAB membership.
    • The appellant requested modifications to conditions 41 (requiring a health risk assessment and use of Tier 4 final equipment) and 42 (strengthening water quality enforcement). The applicant agreed to these modifications.
    • Council discussion included questions about the theater's viability, sidewalk width, and labor practices. Councilmember Hahn urged meetings between the developer and labor representatives.
    • Key Outcome: The council voted 7-0-1 (Lunaparra recused) to affirm the ZAB decision, approve the use permit, and deny the appeal. The motion included amendments to conditions 41 and 42 as agreed by the applicant.

Key Outcomes

  • Council Appointments: LaTanya Bellow approved as Interim City Manager (July 11–Sept 15, 2024); Paul Buddenhagen approved as City Manager (effective Sept 16, 2024).
  • ZAB Appeal: Affirmed approval of the 2113-15 Kittredge Street project (203 feet, 211 units, 22 very low-income units, live theater). Conditions of approval modified to require a health risk assessment, Tier 4 final construction equipment, and enhanced water quality oversight.
  • Budget Direction: The council will deliberate further on the FY 2025-2026 budget and FY 2025-2029 CIP, with the Budget and Finance Policy Committee meeting on June 5, 2024, and adoption scheduled for June 25, 2024. The proposed budget totals approximately $776 million (FY25) and $771 million (FY26), constrained by slower revenue growth and increased personnel costs.
  • Permanent Local Housing Allocation: Authorized application for up to $3,321,617 in state funds.
  • Shelter Plus Care Grants: Authorized receipt of multiple HUD grants totaling over $9.8 million for homeless assistance programs.
  • Police Vehicle Purchase: Approved purchase of 20 Ford Police Interceptor Utility vehicles for $1,269,808.20 (Councilmember Lunaparra abstained).
  • Simplified Title: The meeting lasted until approximately 11:30 PM, with extended hours approved by vote.

Meeting Transcript

Good evening. I'd like to call to order the regular meeting of the Berkeley City Council for Tuesday, June 4th, 2024. The first order of business is roll call. If the city clerk can please call the role. Councilmember Castarwani is absent. Taplin. Present. Bartlett is absent. On present. Wengraf. Present. Luna Para. Here. Umbert. Present. And Mayor Ardeen. Present. Quorum of the City Council is present. Thank you. Before I proceed to our next agenda item, I would like to report out from the closed session meeting of the city council held yesterday on Tuesday, June 3rd. Well, first, I want to report out the actions taken at a prior closed session on May 13th. The City Council convened in closed session on May 13, 2024, an approved settlement in the amount of $60,952.92 cents to resolve FLSA and MOU claims by members of the Berkeley Firefighters Association regarding several add-on pays, out of class pay, hourly differential pay, excess, sickly payout, and cash in lieu of insurance pays. The city council also convened in closed session on June 3rd, 2024, and approved amendments to section 30.1 of the memorandum of understanding with the Berkeley Firefighters Association and Section 4.2 of the MOU to the Berkeley Chief Fire Officers Association, which have been accepted by those employee organizations. The City Council also met in closed session yesterday on Tuesday, June 3rd, and authorized the city attorney to settle the case of Lisa Romero versus 1031 Gilman LLC at Alm, Alamina County Superior Court case number, RG 21107163 for $25,000 in exchange for release of all claims against the city. The city council also met in closed session, authorized the city attorney to settle the claim of Peter Wong for property damage caused by a zero waste vehicle and the amount of $16,315.30 cents. So those are the actions the council took on May 13th and on June 3rd in closed session. And before I proceed to ceremonial matters, I'd just like to make a few announcements. Want to welcome everyone to this meeting of the Berkeley City Council to allow full participation by all members of the community and to ensure that important city business is able to be completed. We ask that all attendees conduct themselves in an orderly manner and respect the rights of others participating in the meeting. Please be aware that the city council rules of decorum prohibit the disruption of the orderly conduct of the city council meeting. A summary of these rules is available in the one-page handout on the table at the rear of the boardroom. Disruptive behavior includes but is not limited to shouting, making disruptive noises, creating or participating in a physical disturbance, speaking out of turn or in violation of applicable rules, preventing or attempting to prevent others who have the floor from speaking, preventing others from observing the meeting, entering into or remaining in an area of the meeting room that is not open to the public or approaching the council days without consent. We ask that you observe these rules so all members of the public may observe and participate in tonight's meeting. We thank you all for being here and look forward to your participation tonight. So with that, we'll proceed to ceremonial matters. Actually, prior to that, I have to read the land acknowledgement statements. And the statement is on the published city council agenda as well. The city council recognizes that the community that we live in is built on the territory of Huchun, the ancestral unceded land of the Chechenyo speaking Alone people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shell Mound, and the Alone people who continue to reside in the East Bay. We recognize that Berkeley residents have and continue to benefit from the use and occupation of this unceded stolen land since the city of Berkeley's incorporation in 1878. As stewards of the laws regulating the city of Berkeley, it's not only vital that we recognize the history of the slam, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Tlejan and other tribes and create meaningful actions to uphold the intention of this land acknowledgement. So we'll now proceed to ceremonial matters. Now I want to turn the floor to Councillor Taplin, who will present a proclamation. Thank you, everyone. And uh thank you, Mr. Mayor, and uh good evening, everyone, rather. Uh although thank you all for being here tonight. I'm reading a proclamation um recognizing the annual third Saturday in August is Berkeley Pride Day.

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