Berkeley City Council Regular Meeting – February 11, 2025

The Berkeley City Council met on Tuesday, February 11, 2025, at 6:00 PM in the School District Board Room. The meeting included ceremonial adjournments, public comment on non-agenda matters, a consent calendar, and action items on a lease audit follow-up and amendments to the Building Emissions Saving Ordinance (BESO). The council also reported on a closed session settlement.

Consent Calendar

• Item 6 – Golden State Energy Resolution: Unanimously adopted a resolution supporting a state feasibility study for a not-for-profit public utility model to replace investor-owned utilities like PG&E. The council also approved sending letters of support to state officials.
• Item 7 – Traffic Diverter Study: Unanimously approved a referral to the City Manager to study intersections with traffic diverters lacking stop signs, and to review past council referrals for NACTO street design standards. The study was prompted by the fatal crash at Ada and California streets that killed Elise Lusk.
• Other consent items (minutes, bid solicitations, contract amendments, classification changes) were approved en bloc.

Public Comments & Testimony

• Non-agenda matters (opening): Speakers addressed encampments, sanctuary city expansion, fire safety, and the UA Theater appeal. One speaker criticized the city’s ADA compliance regarding encampment evictions.
• Item 6 (Golden State Energy): Multiple speakers (including union representatives, climate activists, and residents) expressed strong support, citing PG&E’s high rates, wildfire liabilities, and profit-driven failures. One IBEW representative opposed, warning of taxpayer liability and job impacts.
• Item 7 (Traffic Diverters): Several residents and commissioners spoke in favor, emphasizing the need for immediate action to prevent further traffic deaths. A relative of Elise Lusk urged council members to visit the intersection.
• Item 9 (BESO): Over a dozen public comments. Supporters (including climate activists, commissioners, and a young student) urged passage, calling it essential for climate goals. Opponents (mostly realtors) argued the $7,000 escrow deposit would burden first-time homebuyers and that costs could be higher. Some realtors offered alternative proposals.
• Non-agenda matters (closing): Speakers criticized the council for not agendizing a Peace and Justice Commission resolution on a Gaza ceasefire, with several calling the delay undemocratic. One speaker also requested support for televising Planning Commission meetings.

Discussion Items

• Item 8 – 2009 Leases Audit Follow-Up: City Auditor Jenny Wong presented findings that the city still lacks a centralized lease management system, a complete inventory, and updated policies. Eight recommendations from 2009 remained unimplemented. Staff from Public Works committed to creating a central repository, updating the lease policy, and developing standard templates. Council members expressed support and noted potential budget savings.
• Item 9 – BESO Amendments: Staff presented a flexible resilience standard for small residential buildings (1–4 units) at time of sale, requiring a minimum of 6 points from a menu of upgrades (e.g., heat pump water heater, insulation, panel upgrades). An escrow deposit of $7,000 (proposed) would be refunded upon compliance within 3 years. Exemptions exist for all-electric homes, low-income buyers, and condos. The council discussed two main motions: the staff recommendation with $7,000 escrow vs. a substitute motion (by Councilmember Kesarwani) reducing escrow to $5,000, exploring a 50-50 buyer-seller split, and giving panel upgrades full credit. After debate, the substitute motion passed 9–0.

Key Outcomes

• Item 8 (Leases Audit): Council adopted the auditor’s recommendations and directed staff to report back in fall 2025 with implementation progress.
• Item 9 (BESO): Council approved the first reading of amendments to BESO (Chapter 19.81) with the following changes:
  • Escrow deposit reduced from $7,000 to $5,000.
  • Staff to study feasibility of a 50-50 split between buyer and seller, with a report back before second reading.
  • Panel upgrades (electrical service capacity) to receive full 6 points toward compliance.
  • An evaluation report due three years after implementation (2029).
  • The ordinance will take effect for single-family homes and duplexes in 2026, and for 3–4 unit buildings in 2028.
• Closed Session: The council approved settlements in two workers’ compensation cases (BER2200103 and BER0100193) on February 3, 2025.
• Adjournment: The meeting adjourned at approximately 10:45 PM in memory of the San Pablo Park stabbing victim, Elise Lusk, and Gwen McNeil.