Berkeley City Council Regular Meeting – September 24, 2024

The Berkeley City Council held a regular hybrid meeting on Tuesday, September 24, 2024, starting at 6:00 PM. The meeting included ceremonial proclamations, public comments on non-agenda matters, approval of a consent calendar, and extensive discussion on proposed amendments to the City Council Rules of Procedure and Order. Key actions included adoption of the consent calendar (with amendments) and referral of the rules revisions back to the Agenda & Rules Committee for further work.

Ceremonial Matters

• The Council presented proclamations declaring October 5, 2024 as BORP Adaptive Sports and Recreation Expo Day and the week of September 21–27, 2024 as United Against Hate Week.
• Councilmember Humbert reported a serious injury at the Warring and Derby intersection (Zachary’s Corner) and noted that a redesign funded by a $1 million UC Berkeley settlement is underway.

City Manager Comments

• New City Manager Paul Bootenhagen welcomed back and thanked interim manager Latonia Bellow. He committed to working with the Council on community priorities.

Public Comments & Testimony

• Non-Agenda Matters: Multiple speakers urged the Council to honor financial commitments to the Black Repertory Theater, citing unmet promises of funding. Others criticized the city’s encampment policy, called for a ceasefire resolution, and objected to the Mayor’s use of a communications consultant. Some unhoused individuals spoke about the impact of encampment sweeps and lack of services.
• Consent Calendar Public Comment: Speakers offered positions on several items:
  • Item 3 (Encampment Policy): Several speakers opposed the policy, arguing it criminalizes homelessness without providing adequate shelter or services, referencing the Grants Pass Supreme Court decision. Some business owners supported the policy citing safety concerns.
  • Item 7 (Civic Arts Fund Request): Supporters, including Civic Arts Commissioners, stressed the need for a nexus study to sustain public art funding, while Councilmember Humbert argued it would burden housing development.
  • Item 10 (Measure Y Clarification): Supporters from the Parks & Waterfront Commission and former Councilmember Wozniak spoke in favor of clarifying that the parks tax increase would fund waterfront parks, urban forestry, and capital projects.
  • Other speakers commented on wildfire hardening (Item 2), homeless services, and digital literacy resources.
• Action Calendar Public Comment (Item 11, Rules of Procedure):
  • Kit Saginar, chair of the Open Government Commission, thanked the Council for adopting some OGC recommendations but expressed concerns about putting items with a negative recommendation on consent and about the timing of late supplements. She urged that city manager items meet the same transparency standards as council items.
  • Another speaker noted the need for better training of commissioners and clearer procedures.

Discussion Items

• Item 11 – City Council Rules of Procedure and Order Revisions:
  • City Clerk Mark Numainville presented the proposed rules changes, which aimed to incorporate hybrid meeting practices, align with state law, and implement recommendations from the Agenda & Rules Committee and the Open Government Commission.
  • Councilmember Kesarwani offered a supplemental package with amendments, including: removing automatic move to action for items with three no/abstain votes; aligning holidays with BUSD spring break; adding objective criteria for “major items” (e.g., implementation over 6 months, budget impact >$200,000); streamlining report content; allowing Council to overturn the chair’s reordering of the agenda by majority vote; requiring a current Council member to resubmit items from former officials; and reducing Council speaking time on consent to 3 minutes.
  • Councilmembers debated the definition of major items, staff workload, Brown Act implications, and transparency. Several expressed support for passing non-controversial technical changes quickly while referring substantive disagreements back to committee.
  • Mayor Arreguin and others noted the need for input from the new City Manager and for a deliberate process.
  • The Council voted unanimously (8-0) to refer the entire rules package back to the Agenda & Rules Committee, with direction to bring back non-controversial changes as soon as possible and to consider all other proposed amendments afterward.

Key Outcomes

• Consent Calendar Adopted (8-0): The Council approved all items on the consent calendar as amended. Notable amendments:
  • Item 7 (Civic Arts Fund Request): Amended to become a budget referral for the November 2024 and June 2025 budget cycles, rather than direct allocation.
  • Item 9 (Restaurant Inspections Study): Added co-sponsors and clarifying edits.
  • Item 10 (Measure Y Clarification): Adopted revised language clarifying that the parks tax increase would fund waterfront parks (including Cesar Chavez Park), urban forestry, and capital projects.
• Action Item 11 (Rules of Procedure): Referred back to the Agenda & Rules Committee for further refinement, with a commitment to return non-controversial amendments quickly.
• Black Repertory Theater: City Manager Bootenhagen confirmed that staff will meet with Black Rep representatives this week to present a term sheet, following closed-session direction from the Council.