Berkeley City Council Special Meeting: Ashby BART TOD and BECCAP Presentation - September 16, 2024

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.