Berkeley City Council Regular Meeting - July 30, 2024
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Berkeley City Council Regular Meeting - July 30, 2024
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.
Meeting Transcript
Okay, as the city council members are rejoining us, um, I want to just uh make an announcement prior to convening our uh city council meeting. I want to welcome everyone to this meeting of the Berkeley City Council to allow for full participation by all the members of the community, and to ensure that important 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 this meeting. Please be aware that the city council's rules of decorum prohibit the disruption of the orderly conduct of the city council meeting. The summary of these rules is available in the one-page handout on the table in 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 dais without consent. We ask that you observe these rules so that all members of the public may observe and participate in tonight's meeting, and we thank you for joining us tonight. So I'd now like to call to order the regular meeting of the Berkeley City Council for Tuesday, July 30th, 2024, in the first order of businesses roll call. The city clerk can please call the role. Okay. Uh councilmember Kissarwani. Here. Chaplin Bartlett is currently absent. Trigum, currently absent on present. When OPara here. Umbert present. Mayor Aragine present. And I see Councilmember Barnett. Thank you. Okay, moving now to ceremonial matters. I want to turn the floor over to our city auditor who will be making a presentation on the proposed audit plan for uh 2025. Okay. Um, Madam City Audit. Okay. Can you hear me now? Awesome. Thank you so much. Um, and good evening, and thanks for this opportunity to present our audit plan for fiscal year 2025. This plan outlines the key areas of focus for my office for the coming year, including completing ongoing work, new audits and initiatives, and our continued efforts to ensure transparency, accountability, and effective governance. Okay. This evening I will cover our audit selection process, our accomplishments from the previous plan year, and planned audits and engagements for this year. I'll also provide an update on the whistleblower program. To develop our audit plan, we gather input from stakeholders to prioritize audits that address Berkeley's most critical needs. We gather audit ideas from community members, elected officials, department staff, and city management. We assess past audits and Berkeley specific risks. We analyze findings from other government audits to anticipate emerging issues. When prioritizing audits, we take into consideration many factors, including perception of risks to the city identified by management, city council, and community feedback, economic factors like potential financial impact, organizational changes such as management or information systems, and the length of time since the last audit in an area. We also consider staff capacity or a small office, have limited resources to conduct audits compared to larger cities. Finally, we consider audits that can advance our values, including integrity, independence, impact, and equity. This approach ensures a comprehensive responsive audit plan aligned with Berkeley's governance needs. This plan builds on accomplishments from the previous year. In fiscal 24, we released an audit of Measure FF. Management agreed with our recommendations to strengthen reporting for measure FF spending and improve internal processes for the hiring of retirees in the fire department. We also made significant progress establishing our whistleblower program. The council amended Berkeley's municipal code to authorize our office to establish this program. We also contracted with a third-party hotline for confidential reporting on fraud waste and abuse by city officials. We also followed up on recommendations from previous audits to ensure departments stay accountable for their corrective action plans. Between September 22 and May 2024, 30 of our recommendations were fully implemented across seven departments. I really want to thank management for their efforts in completing these audit recommendations. As of July 2024, there are 62 open recommendations from nine audits across seven departments.
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