Berkeley City Council Regular Meeting: December 3, 2024 – Farewells and Zoning Updates
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Berkeley City Council Regular Meeting – December 3, 2024
The Berkeley City Council held its regular meeting on Tuesday, December 3, 2024, starting at 6:00 PM. The meeting featured ceremonial recognitions for outgoing Councilmember Sophie Hahn, Acting Mayor Susan Wengraf, and former Mayor Jesse Arreguin, along with a consent calendar of routine items and two public hearings on action items. The council approved all consent items as a block and adopted resolutions for the Solano Avenue Business Improvement District renewal and zoning amendments to encourage research and development uses.
Ceremonial Matters
- Councilmember Sophie Hahn was honored with a proclamation recognizing her eight years of service, including her work on homelessness reduction (45% decrease), affordable housing (Measure O, over 1,000 units), single-use foodware ban, and the return of the West Berkeley Shellmound. Multiple colleagues, family, and community members offered tributes.
- Acting Mayor Susan Wengraf was thanked for her 16 years on the council, her leadership on wildfire safety, and her mentorship. Councilmembers and staff highlighted her dedication and institutional knowledge.
- State Senator Jesse Arreguin (former mayor) received a proclamation for his 20 years of service, including advancing affordable housing, transit-oriented development, and renewable energy.
Consent Calendar
- The council approved the consent calendar (Items 1–17, with Item 18 continued to December 10, 2024). Notable items included:
- Second reading of Ordinance 7,937-N.S. (tax exemption for R&D grants).
- Second reading of Ordinance 7,939-N.S. (Ashby BART TOD legal agreements).
- Second reading of Ordinance 7,940-N.S. (FY 2025 appropriation amendments).
- Second reading of Ordinance 7,941-N.S. (development agreement procedures).
- Resolution adopting the updated Revolving Loan Fund administrative plan and transfer to Working Solutions.
- Resolution approving a Memorandum of Understanding with Public Employees Union – Local One.
- Resolution accepting a $3,400 donation for a memorial bench at Cesar Chavez Park.
- Resolution accepting up to $86,496 from the Eli Kane Fund for Solano-Peralta Park improvements.
- Resolution awarding a contract to Azul Works, Inc. for Ohlone Park restroom and lighting ($882,278).
- 16 resolutions for on-call planning and environmental services contracts (total up to $10.7 million).
- First reading of ordinances for leases with Framer’s Workshop, We Wield The Hammer, and Dorothy Day House.
- Resolution amending a contract with Ardurra Group for traffic engineering services.
- Resolution officially naming the Harrison Skate Park in honor of Terrance McCrary.
- Council Consent Items: referral of Berkeley Green New Deal concepts to committees (Item 16); referral of affordable housing for artists study (Item 17, with Councilmember Tregub added as co-sponsor); affirmation of support for 24/7 bicycle/pedestrian access on the Richmond-San Rafael Bridge (Item 18, continued).
Public Comments & Testimony
- Non-Agenda Matters (beginning of meeting): 10 in-person speakers and 10 remote speakers each addressed the council for one minute. Topics included thanks to outgoing councilmembers, concerns about the United Artists Theatre (UA Berkeley) and potential CEQA exemption, and the need for ADA accommodations at homeless encampments.
- Consent Calendar: Several speakers supported renaming the skate park after Terrance McCrary. Others spoke about the Azul Works contract (support from company representatives), affordable housing for artists (support), and concerns about the artist housing policy implementation.
- Public Hearing on Zoning Amendments (Item 20): Multiple speakers expressed support for the “Keep Innovation in Berkeley” zoning changes, including founders of biotech startups, the Chamber of Commerce, and Biocom California. One speaker raised concerns about oversight of biosafety levels and potential risks.
Discussion Items
- Solano Avenue Business Improvement District Renewal (Item 19): Staff reported no majority protest. The council held a public hearing, closed it, and adopted the resolution confirming the annual report and budget for 2024-2025 and levying assessments for 2025.
- Zoning Ordinance Amendments – Keep Innovation in Berkeley (Item 20): Staff presented proposed changes to permit R&D uses by right in commercial districts (under 20,000 sq ft), add R&D to district purpose statements, reduce parking requirements, revise biosafety level regulations (remove 500-foot restriction for BSL-2, prohibit BSL-3 and BSL-4 citywide), and clarify the definition of “laboratory.” Councilmembers commended staff and noted the amendments would support economic development and retain startups. The council closed the public hearing and adopted the first reading of the ordinance.
Key Outcomes
- Consent Calendar: Approved 16–0 (all items as amended, with Item 18 continued).
- Solano Avenue BID Renewal: Resolution adopted unanimously.
- Zoning Ordinance Amendments (Keep Innovation in Berkeley): First reading of the ordinance adopted unanimously (8–0).
- Ceremonial Recognitions: Proclamations presented to Councilmember Hahn, Acting Mayor Wengraf, and former Mayor Arreguin.
- Information Reports: The City Auditor noted updates on staff retention (Item 21), Measure FF spending audit (Item 22), and police overtime audit (Item 23); departments have made progress on implementing recommendations.
- Next Steps: The council will continue Item 18 (bicycle/pedestrian access) at the December 10, 2024 meeting. The second reading of the zoning ordinance will occur at a future meeting.
Meeting Transcript
Welcome everybody to the regular meeting of Tuesday, December 3rd, 2024. Before we get started, I want to read to you our rules of procedure. Welcome to this meeting of the Berkeley City Council. To allow for 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's rules of decorum prohibit the disruption of the orderly conduct of the council meeting. A summary of these rules are available in 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 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. Prior to each public comment period, provide the following. Oh, sorry. I'm not supposed to read that. Okay. So first order of business is roll call, please. Okay, calling the roll for the 6 o'clock p.m. regular meeting. Councilmember, I did text Councilmember Kessarwani. She says she's will be joining shortly. Um Councilmember Kessarwani is currently absent. Councilmember Taplan. Presence. Bartlett here. Tregu. Present. On. Present. Lunapara. Here. Humber. Here. And acting Mayor Wengraff. Present. Okay. Quorum is present. Okay. At the beginning of every meeting, um we read the land acknowledgement statement. The City of Berkeley recognizes that the community we live in was built on the territory of the Huchun, the ancestral and unceded land of the Chochenyo speaking Ohlone 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 Illoney people who continue to reside in the East Bay. We recognize that Berkeley's 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 is not only vital that we recognize the history of this land, 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 Loujan tribe and to create meaningful actions that uphold the intention of this land acknowledgement. Now we'll move on to ceremonial matters. Councilmember Kessarwani has joined the meeting. Councilmember Kessarwani has joined the meeting. So I just run through the transcript very quickly before we do that. Councilmember Kessarwani is participating in the meeting remotely, pursuant to the Brown Act as amended by AB 2449 under the Just Cause justification. A quorum of the councils participating at the in-person physical meeting location that was noticed on the agenda, which require which satisfies the requirements of the Brown Act. Councilmember Kessarwani has notified the council of her need to participate remotely. And Councilmember Kessarwani, please provide a general description of the circumstances relating to your need to appear remotely. However, please do not disclose any medical diagnosis, disability, or other confidential medical information.
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