Berkeley City Council Regular Meeting – July 9, 2024

The Berkeley City Council met in regular hybrid session on Tuesday, July 9, 2024, beginning at 6:00 p.m. in the School District Board Room, 1231 Addison Street, Berkeley. All nine councilmembers were present. The council recognized former Councilmember Max Anderson, Kong Yuen, and Narcy David in memory, added an urgency item responding to the U.S. Supreme Court's Grants Pass decision, approved an amended consent calendar, received the homelessness system gap analysis, placed one initiative on the November 5 ballot while scheduling four other initiatives for a July 30 special meeting, and adopted a resolution condemning the University of California's anti-labor actions. Item 17, youth voting in Berkeley school board elections, was removed from the agenda by the City Attorney.

Consent Calendar

• Adopted second reading of Ordinance No. 7,924-N.S., amending Berkeley Municipal Code Chapter 23.326, Demolition and Dwelling Unit Controls.
• Adopted second reading of Ordinance No. 7,925-N.S., setting FY 2025 Measure GG fire protection tax rates at $0.0629 per square foot for dwelling units and $0.09519 per square foot for other property.
• Adopted second reading of Ordinance No. 7,926-N.S., the FY 2025 Annual Appropriations Ordinance, with $793,319,711 in gross appropriations and $686,125,119 in net appropriations.
• Approved appointments, contracts, and authorizations including: a Police Accountability Board appointment; ballot measure argument filing policies; a Bureau of Justice Assistance body-worn camera grant application not to exceed $300,000; a Gallup, Inc. employee engagement contract not to exceed $150,000; a Pierce Manufacturing fire apparatus purchase and lease amendment totaling about $9.49 million and bringing the master lease to $26,693,305; a new CERT Civilian Instructor job class with an hourly range of $31.5568 to $38.7241; a GovInvest, Inc. contract amendment not to exceed $375,000; a Rincon Consultants environmental services contract not to exceed $3,080,000; and a Bay Cities Paving street rehabilitation contract not to exceed $12,361,800.
• Approved Item 14, relinquishing up to $500 per councilmember from discretionary office budgets to grant to the Port Chicago Alliance and co-sponsor Port Chicago Weekend 2024; several councilmembers recorded contributions.
• Approved Item 15, removing the Dwight Way/Telegraph Avenue intersection from the list of locations being considered for additional surveillance technology.
• Approved Item 13, referring Community Health Commission comments on the Dark Skies Ordinance to the Planning Commission and City Manager/Public Works; several councilmembers requested to be recorded as no or abstaining.
• Moved Items 19-22, the natural gas consumption tax, Fix the Streets and Sidewalks, indoor air quality, and SAFE STREETS initiative petitions, to the consent calendar for scheduling at the July 30 special meeting on ballot measures so the council could first receive Elections Code Section 9212 reports.
• Moved Item 23, short-term rental amendments, to consent and referred it to the City Attorney for legal review.

Public Comments & Testimony

• Employee union representatives spoke during the union public comment period. Amanda Montes of AFSCME Local One supported Item 21, the indoor air quality initiative, and called for open and coordinated bargaining and improved workplace conditions. Alison Reimer of SEIU CSU/PTRLA said about half the city workforce is without a contract after the June 30 expiration and requested open bargaining. Jocelyn Goldsmith DeSena of SEIU 1021 raised Palestine and said her union remains committed to ceasefire advocacy.
• Speakers on non-agenda matters included calls to commemorate Max Anderson, concerns about Grants Pass and unhoused residents, a complaint about repeated hate crimes and a ceasefire sign at a physical therapy clinic, a tenant harassment complaint, and a request to fill vacancies on the Fair Campaign Practices Commission.
• On consent and ballot initiative items, representatives of Berkeley's for Better Planning and Berkeley Citizens for Safe Streets supported their respective street and sidewalk measures. The Berkeley People's Alliance spoke in support of Items 19 and 21 and expressed disappointment about delaying those measures. Other speakers supported the healthy buildings measure and the natural gas tax, and one speaker criticized the Dark Skies referral, saying South Berkeley needs more lighting.
• On the homelessness gap analysis, public commenters urged increased oversight, a homeless protection board, release of wellness encampment funds, and more supportive services. Andrea Henson and Jessica Prado challenged the city manager's description of the notices and the shelter offer process. Several speakers called for no sweeps and no enforcement actions.
• On Item 24, UAW 4811 members and other supporters described unfair labor practices, arrests at UC campuses, and UC's attempt to bypass the Public Employment Relations Board, urging the council to stand with workers.
• On the Grants Pass urgency item, speakers said the Supreme Court ruling is cruel, urged the council to adopt the resolution rather than delay, and asked the mayor to say publicly that no enforcement would occur at Aethan Harrison the next day. Several speakers said notices posted around encampments threatened arrest and frightened unhoused residents.

Discussion Items

Item 16 – Gap Analysis of Berkeley's Homelessness System of Care

Staff from the City Manager's office and consultant Zoe Klingman presented a comprehensive gap analysis responding to a 2021 referral. Key findings included: about 1,000 people were homeless on a 2022 point-in-time count; more than 2,000 people accessed homeless services during 2022, roughly 2% of Berkeley's population; Berkeley added about 100 permanent supportive housing beds and more than tripled non-congregate shelter beds; non-congregate shelters had about 95% utilization compared to about 75% for congregate shelters; the 2024 point-in-time count showed about a 20% reduction in homelessness; coordinated entry waits were about nine months, with only about two in ten people housed after a year; and Black residents were disproportionately represented among people experiencing homelessness. The report estimated that achieving the All Home regional goal of a 75% reduction in unsheltered homelessness would require roughly $750 million over ten years, or $75 million per year, approximately tripling current spending. Recommendations included maintaining and increasing funding, continuing non-congregate shelter and permanent supportive housing, and expanding targeted prevention. Councilmembers discussed the Measure P funding cliff, the need for prevention and housing retention, disability and racial equity, regional coordination, RV homelessness, and the need to keep building housing. The item was received and filed without a vote.

Item 18 – Direct Rental Payments Initiative

Council considered an initiative petition proposing direct rental payments and amendments to the rent stabilization ordinance. The Mayor moved to adopt Option B, submitting the measure without alteration to the November 5, 2024 ballot, and to designate the Mayor and Councilmember Lunaparra to file ballot arguments. During discussion, the Mayor and Finance Director Henry Oyekanmi raised concerns that the measure would restrict use of Measure U1 funds, contain no clear eligibility criteria, and prohibit contracting with nonprofits such as the Eviction Defense Center. Public comment included allegations that signature gatherers used misleading tactics. The council then voted unanimously to place the measure on the ballot.

Item 24 – Condemning the University of California's Anti-Labor Actions and Legal Tactics

Councilmember Lunaparra introduced a resolution condemning UC's alleged unfair labor practices, unilateral workplace policy changes, and legal tactics that bypassed PERB. The resolution was amended to state that the city opposes any illegal actions or unfair labor practices by UC and opposes legal tactics that undermine labor rights. UAW 4811 workers and supporters gave public testimony in support. Councilmember Humbert voted no, saying the issue was complex, largely concerned other UC campuses, and was best left to the courts and PERB. The amended resolution was adopted 8-1.

Urgent Item – Rights Against the Criminalization of Unhoused Individuals

Council considered an urgency resolution responding to the June 28, 2024 U.S. Supreme Court decision in Grants Pass v. Johnson. The resolution would have reaffirmed that Berkeley would not criminalize sleeping in public when no shelter is available, would not impose criminal penalties without an offer of shelter, and would commit to non-congregate shelter and permanent housing. The Mayor said the city's pre-existing policy remains unchanged and cited the need for a City Attorney legal analysis. Several councilmembers said they were not ready to adopt new policy that evening. A substitute motion to adopt the resolution as written failed. The council instead approved the Mayor's motion to refer the matter to the City Attorney for a confidential legal analysis and subsequent closed-session discussion.

Key Outcomes

• The amended consent calendar was approved.
• The homelessness gap analysis was received and filed; no formal action was taken.
• Item 18 was submitted to the November 5, 2024 ballot without alteration; the Mayor and Councilmember Lunaparra were designated to file arguments.
• Items 19-22 were scheduled for action at the July 30, 2024 special council meeting on ballot measures, after receipt of required reports.
• Item 23, short-term rental amendments, was referred to the City Attorney for legal review.
• The UC anti-labor resolution was adopted as amended, 8-1, with Councilmember Humbert dissenting.
• The Grants Pass urgency resolution was not adopted; the council referred the matter to the City Attorney, with analysis expected within about two weeks and a possible closed-session discussion, while city staff confirmed there was no change to the city's current outreach and no-enforcement-without-shelter-offer policy.