Berkeley City Council Regular Meeting – February 25, 2025

The Berkeley City Council held a regular hybrid meeting on Tuesday, February 25, 2025, at the School District Board Room. The meeting included an urgent item added to the consent calendar, approval of 12 consent items, a public hearing on the Inclusionary Housing Ordinance in-lieu fee, and extensive public comment on both agenda and non-agenda matters. Due to time constraints, the second public hearing (Zoning Ordinance Amendments for EV charging) was not reached before the transcript ended.

Urgent Item

• Mayor Ishii submitted an urgent item to adjust council committee appointments due to a conflict of interest with BUSD and scheduling conflicts. The item was added to the consent calendar by unanimous consent and approved.

Consent Calendar

• Item 1: Approved minutes from the January 21, 2025 regular meeting.
• Item 2: Authorized submission of a $150,000 National Endowment for the Arts grant application.
• Item 3: Approved formal bid solicitations and RFP issuance.
• Item 4: Authorized a three-year contract (with two optional one-year extensions) with Forster & Kroeger for chipping services, not to exceed $1,400,000. Councilmember Blackaby highlighted the program's success, noting 6,000 cubic yards of debris removed in 2,300 pickups over 56 weeks.
• Item 5: Amended contract with JSI Research & Training Institute for community health assessment consulting, increasing by $25,000 to a total of $274,413.
• Item 6: Approved a side letter with the Berkeley Police Association amending retiree medical benefits.
• Item 7: Removed by the City Manager.
• Item 8: Amended contract with TruePoint Solutions for IT professional services, increasing by $180,000 to $1,477,200 and extending through June 2027.
• Item 9: Awarded a contract to Ashlar Structural LLC for Strawberry Creek Culvert Maintenance Phase 1, not to exceed $4,544,232.
• Item 10: Awarded a contract to Bay Construction Co. for Fire Station #2 improvements, not to exceed $1,104,000.
• Item 11: Amended contract with Telegraph Property and Business Management Corporation for janitorial maintenance of the new 24/7 public restroom, increasing by $150,000 and extending through June 2026. Councilmembers Humbert, Lunaparra, and Tregub expressed strong support.
• Item 12: Amended contract with Pacific Site Management for landscaping services, increasing by $150,000 to $300,000 and extending through June 2027.
• Item 13 (Council Consent): Adopted a resolution Supporting the Free and Safe Passage of Whales, Sea Turtles, and other Marine Animals in California coastal waters, aligning with the state's Vision Zero target. Authored by Councilmember Lunaparra, co-sponsored by Councilmember O'Keefe.

Public Comments & Testimony

Non-Agenda Matters (beginning of meeting):

• Several speakers urged the council to agendize and vote on a ceasefire resolution from the Peace and Justice Commission, criticizing the city's inaction. One speaker requested the council stop 'greenwashing' by focusing on marine animals while ignoring Gaza.
• A resident complained about an unpermitted garage door blocking a sidewalk on the block before Rose Garden, requesting enforcement.
• Andrew Pritchett (Hop Watch) raised concerns about police non-cooperation with the Specialized Care Unit (SCU) and the police accountability board's recommendations regarding racist texts.
• A speaker opposed a rumored effort to exclude dogs from Cesar Chavez Park, urging the council to keep the park inclusive.
• A speaker spoke in support of preserving the United Artists Cinema on Shattuck Avenue, opposing its demolition for a project that she argued violates CEQA.

Consent Calendar & Information Items:

• Multiple speakers supported Item 13 (whales resolution) and Item 2 (NEA grant).
• Speakers supported Item 11 (public restroom) and criticized misinformation linking restrooms to crime.
• Some speakers connected support for marine life to broader concerns about Gaza and urged the council to act on a ceasefire resolution.
• Representatives from the Center for Biological Diversity and other groups explicitly endorsed Item 13.

Inclusionary Housing Ordinance Public Hearing (Item 14):

• Nikki Moose (chair of Berkeley Finance Union) argued against reducing inclusionary fees, stating that affordable housing is needed to undo past redlining and exclusionary covenants.
• A speaker urged that Section 8 and Shelter Plus Care vouchers continue to be prioritized for very low-income units, and requested broader language to cover potential future voucher programs.
• Glenn Turner (District 5 resident) supported exemptions for smaller projects but opposed returning the voucher set-aside from 80% back to 100%, arguing that the most vulnerable should be protected.
• A tenant union representative opposed referring to rental units as 'products' but acknowledged the need for regulations. She supported the fee structure but cautioned against exempting luxury units.
• Kelly Hammergran (online) recommended lowering the 5,000 sq ft exemption to 2,500 sq ft and opposed exempting detached single-family homes (McMansions). She also sought clarification on how the in-lieu fee is calculated for density bonus projects.
• Another online speaker agreed with Kelly and criticized too many developer discounts, citing past failures to meet affordable housing goals.
• Dan (online) asked for more accessible language, noting jargon like 'pencil' was confusing.

Discussion Items

Item 14 – Inclusionary Housing Ordinance In-Lieu Fee: Staff from Health, Housing, and Community Services, Planning, and consultants presented the findings of a feasibility study. Key points:

• Current in-lieu fee is $56.25 per square foot of residential unit floor area (RUFA). Staff recommended keeping this fee but restructuring the exemption for small projects.
• Proposed change: Replace the current tiered exemption (0-5,000 sq ft exempt, then phased) with a flat 5,000 sq ft exemption for any project paying the full in-lieu fee. This removes disincentives to build just under 5,000 sq ft and simplifies the code.
• The 5,000 sq ft exemption would not apply to projects using mixed compliance (on-site units + fee) or density bonus projects, which already pay reduced fees.
• Staff recommended biennial indexing by the Construction Cost Index (CCI), with an increase scheduled for July 2025.
• Staff recommended reverting to prior policy: 80% of very low-income units must be offered first to Section 8 and Shelter Plus Care voucher holders (down from 100% set in 2023).
• The Housing Advisory Commission recommended excluding detached single-family homes from the 5,000 sq ft exemption and conducting a new feasibility study within three years of the middle housing zoning amendments.
• Planning commission supported staff recommendations.

Council questions and deliberation:

• Councilmembers asked about the impact on trust fund revenue; staff said most revenue comes from larger projects using mixed compliance, so the change is likely cost-neutral.
• Councilmember Tregub asked for clarification on the definition of missing middle (2-9 units vs. 2-18 units). Staff noted the feasibility study included prototypes up to 10 units, and the three missing middle prototypes tested showed two (small-lot single-family and four-plex townhomes) are financially feasible as ownership products, while a 10-unit multifamily project is not.
• Councilmember Kesarwani clarified how BMR unit sizes are calculated (proportional to bedroom mix) and supported the referral for a future feasibility study.
• Councilmember Bartlett asked about the impact of LA fires on labor and materials; staff said it was not factored in but could be significant.

Councilmember Lunaparra made a motion to adopt staff recommendations (including the 5,000 sq ft exemption and 80% voucher set-aside) with an added referral: direct staff to conduct an economic and legal analysis of extending the in-lieu fee to new detached single-unit dwellings greater than 2,500 square feet on a single parcel (excluding ADUs, renovations, or replacement of existing homes). Councilmember Blackaby offered a friendly amendment to analyze a range of square footage thresholds (not just 2,500), which was accepted.

Councilmember Trageub expressed support for the motion, noting that the per-square-foot fee structure prevents gaming. Councilmembers O'Keefe, Humbert, and Bartlett also voiced support, praising the policy's elegance and balance.

Item 15 – Zoning Ordinance Amendments for EV Charging: Not discussed in the provided transcript; the meeting adjourned for a break after Item 14.

Key Outcomes

• Consent Calendar: All 13 items (including the urgent item) approved unanimously.
• Inclusionary Housing Ordinance (Item 14):
  • Public hearing closed unanimously.
  • Adopted the first reading of an ordinance amending BMC Chapter 23.328 to remove the exemption for projects with 5,000 sq ft or less of RUFA, replacing it with a 5,000 sq ft deduction from the RUFA calculation for projects paying the full in-lieu fee.
  • Set the in-lieu fee at $56.25 per sq ft of RUFA, with biennial indexing by CCI starting July 1, 2025.
  • Directed that 80% of very low-income units be offered first to Section 8 and Shelter Plus Care voucher holders.
  • Referred to staff and the City Attorney: (1) economic and legal analysis of extending the in-lieu fee to new single-family dwellings over 2,500 sq ft on undeveloped parcels, including a range of thresholds; (2) conduct a new feasibility study within three years of the middle housing zoning ordinance adoption.
  • The motion passed unanimously (8-0).
• Item 15: Not acted upon; no votes recorded in the transcript.