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Record of Proceedings

Berkeley City Council Meeting March 11, 2025: Islamophobia Resolution, Algorithmic Rent Ban, Tax Lien Appeal

City Council — Tuesday, March 11, 2025
BodyBerkeley, California
SessionCity Council
DateTuesday, March 11, 2025
StatusFILED
Video Record
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Transcript — Verbatim
0:00

All right, we are gonna get started.

0:03

I would like to call to order the Berkeley City Council meeting.

0:07

Today is Tuesday, March 11th, 2025.

0:11

And we're gonna start with a role.

0:13

Okay.

0:14

Uh calling the role.

0:15

Councilmember Kessarwani.

0:17

Here.

0:18

Present.

0:19

Bartlett.

0:20

Here.

0:20

Gregab present.

0:22

O'Keefe.

0:23

Here.

0:23

Blackaby.

0:24

Here.

0:24

Luna Para.

0:26

Here.

0:26

Humbert.

0:27

Present.

0:28

And Mayor Ishi.

0:30

Here.

0:31

Okay.

0:32

And Councilmember Humbert is participating in the meeting remotely this evening.

0:38

So we just need to run through our script real quick.

0:41

Uh Councilmember Humbert is participating remotely pursuant to the Brown Act as amended by AB 2449 under the Just Cause justification.

0:50

Quorum of the Council is participating in person at the noticed meeting location.

0:56

And Councilmember Humber has notified the council of his need to participate remotely.

1:02

Councilmember Humber, please provide a general description of the circumstances relating to your need to appear remotely, but do not disclose any medical diagnosis disability or other confidential medical information.

1:14

Sure.

1:14

Thank you, Mr.

1:15

Clerk.

1:15

I have tested positive for a communicable respiratory disease and don't want to be present with other folks to uh transmit it.

1:24

Thank you.

1:25

Okay.

1:25

And just uh please disclose if there is anyone uh in the meeting location with you uh who is 18 years of age or older.

1:33

There is no one here in my home office with me.

1:37

Okay.

1:37

And then council member Humbert will participate uh in the meeting through both audio and visual uh technology.

1:45

Thank you, Mayor.

1:46

Thank you so much.

1:47

Okay, um, so it is the first meeting of March, which means we'll be reading our land acknowledgement statements.

1:53

Um we've had it so that we are taking turns.

1:56

And so tonight is Councilmember Tragov's night to read the land acknowledgement statement.

2:03

Thank you, Madam Mayor.

2:05

The city of Barkley recognizes that the community we live in was built on the territory of Huchun, the ancestral and unceded land of the Chocheny speaking Alani people, the ancestors and descendants of the sovereign Virana Band of Alameda County.

2:26

This land was and continues to be of great importance to all of the Alani tribes and descendants of the Virana Band.

2:36

As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Barkley.

2:44

The documented 5,000 here history of a vibrant community at the West Barkley Shell Mound.

2:50

And the Alani people who continue to reside in the East Bay.

2:55

We recognize that Barkley's residents have and continue to benefit from the use and occupation of this unceded stolen land since the city of Barkley's incorporation in 1878.

3:10

As stewards of the laws regulating the city of Barkley, it is not only vital that we recognize the history of this land, but also recognize that the Alani people are present members of Berkeley and other East Bay communities today.

3:25

The City of Barkley will continue to build relationships with the Lajon tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

3:36

Thank you, Councilmember.

3:38

Um we now have the closed session report out, so bear with me, it's quite a few paragraphs long.

4:15

The council also gave direction to outside workers' compensation council and approved a settlement by compromise and release with a release of further medical care or in the alternative by stipulations with a request for award with open future medical care as to a working workers' compensation matter, BER2400023, and a WCAB case number ADJ 1824 6762.

4:42

Similarly, the council gave direction and approved a settlement by compromise and release with a release of future medical care or in the alternate alternative by stipulations with a request for a ward with open future medical care as to workers' compensation matter BER230048 and a WCAB case number ADJ 10746024.

5:05

The council also provided directions and approved a settlement by stipulations with request for award with open future medical care as to workers' compensation matter BER 210079.

5:17

In addition, the council provided direction to the city attorney pursuant to government code section 54956.9 subsections D1 to settle the following lawsuits in an amount not to exceed 287,500.

5:30

Uh Tizari versus City of Berkeley, Alameda Superior Court case number 23CV030502.

Discussion Breakdown — Share of Meeting
Public Comment████████████████████████████28%
Affordable Housing████████████████████20%
Procedural█████████████13%
Public Safety███████████11%
Technology and Innovation█████████9%
Community Engagement███████7%
International Relations████4%
Police Accountability███3%
Pending Litigation██2%
Summary of Proceedings

Berkeley City Council Regular Meeting – March 11, 2025

The Berkeley City Council met on Tuesday, March 11, 2025, at 6:00 PM in the School District Board Room. The meeting included an urgency resolution condemning anti-Muslim hate, a public hearing on a special assessment tax lien appeal, and adoption of an ordinance banning algorithmic devices used to set rents. The council also approved a consent calendar of routine items and heard extensive public comment, primarily regarding the Israel-Gaza conflict and local hate incidents.

Consent Calendar

  • Urgency Resolution (Item added before consent): Adopted an urgency resolution condemning the recent Islamophobic incident and all acts of Islamophobia in Berkeley, reaffirming unwavering support for the Muslim community. Vote: unanimous (8-0). The resolution was introduced by Councilmembers Tregub, Taplin, and Lunaparra.
  • Item 1: Inclusionary Housing Ordinance In-Lieu Fee amendment (second reading). Adopted.
  • Item 2: Zoning ordinance amendments for EV charging consistency with state law (second reading). Adopted.
  • Item 3: Appointment of Randy Wells to the Police Accountability Board. Adopted.
  • Item 4: 2025 Commissioners’ and Board Members’ Manual. Adopted.
  • Item 5: Contract with Edgeworth Integration LLC for new security server at Animal Care Services ($57,908). Adopted.
  • Item 6: Authorization of bid solicitations and requests for proposals. Adopted.
  • Item 7: Annual purchase orders for L.N. Curtis and Sons for fire department PPE and equipment (not to exceed $1,040,324). Adopted.
  • Item 8: Amendment to Health Officer coverage contract with Dr. Lisa B. Hernandez ($60,000 increase, total $180,000). Adopted.
  • Item 9: Joint Homekey+ application for MLK House permanent supportive housing for veterans. Adopted.
  • Item 10: Resolution authorizing integration of BUSD workforce housing preferences with City of Berkeley’s Housing Preference Policy for the 1701 San Pablo project. Adopted. City Manager clarified that BUSD preferences apply first, then City preferences are layered within those tiers; remaining units would be filled by City preference.
  • Item 11: Salary adjustments for Deputy Director of Public Works ($110.98/hr) and Deputy Director of Health, Housing, and Community Services ($107.05/hr). Adopted.
  • Item 12: Three side letters with Berkeley Fire Fighters Association (probationary period to 18 months, pre-promotional academies, vacation slots). Adopted.
  • Item 13: Side letter with Berkeley Chief Fire Officers Association (battalion coverage). Adopted.
  • Item 14: Referral to City Manager to study transfer tax exemption for 100% affordable housing projects owned by nonprofits or community land trusts. Adopted per policy committee’s qualified positive recommendation.
  • Item 15: Referral to 4×4 Committee on removing on-site manager exemption loophole. Withdrawn due to potential conflict of interest.
  • Item 16: “First Year Free – Fill Empty Storefronts Act” – referral to City Manager. Adopted per policy committee’s negative recommendation (take no action). Council expressed continued interest in addressing empty storefronts.

Public Comments & Testimony

  • Non-Agenda Matters: Over 20 speakers addressed the council. The majority called on the council to pass a ceasefire resolution and end silence on the Gaza genocide. Speakers displayed banners with names of Palestinian children killed. Several speakers criticized the urgency resolution as “performative” without a ceasefire stance. Others urged support for the Muslim community and condemned recent hate crimes against Jaffa Coffee and Berkeley Community Physical Therapy. There were also comments about Berkeley High School student safety incidents and police interactions with unhoused individuals.
  • Employee Union Comment: A representative of SEIU 1021 spoke in support of a ceasefire resolution and urged passage of the algorithmic rent-setting ban (Item 18).
  • Consent Calendar Items: Public comment included support for Item 14 (transfer tax exemption study) by Courtney Powell of Resources for Community Development, and requests for clarity on Item 10 (BUSD housing preferences). Several speakers urged action on Item 16 (empty storefronts) but acknowledged the negative committee recommendation.
  • Item 18 (Algorithmic Rent Ban): Approximately 10 speakers, including representatives from the Berkeley Rent Stabilization Board and tenant unions, strongly supported the ordinance. One speaker cautioned against overbroad definitions, distinguishing between non-public data and algorithmic devices.
  • Item 17 (Tax Lien Appeal): The appellant, Jonathan Hicks (representing owner Peter Wright), did not dispute the violations but requested a fee reduction due to financial constraints. Multiple public commenters opposed the reduction, arguing that landlords must comply with housing codes.

Action Calendar – Public Hearing

Item 17 – Appeal of Special Assessment Tax Lien (1806 Walnut St)

  • Staff presented that the property failed proactive inspections in 2022-2023, including missing smoke/CO alarms, damaged electrical outlets, and missing GFCI protection. After four total inspections (initial + three reinspections), fees and penalties accumulated to $6,230. The owner’s management company (KNS) failed to correct violations promptly.
  • Appellant requested a reduction, citing rising costs and rent control limits.
  • Councilmembers noted KNS is a large, sophisticated management company and expressed little sympathy. The public hearing was closed, and council voted unanimously (8-0) to adopt the staff recommendation denying the appeal and authorizing the lien.

Action Calendar – New Business

Item 18 – Ordinance to Prohibit Sale or Use of Algorithmic Devices to Set Rents

  • The Housing Advisory Commission presented: algorithmic devices like RealPage’s YieldStar facilitate hub-and-spoke price fixing among landlords, driving up rents. 57% of Berkeley residents are renters; 60% are low-income; half are rent-burdened. Six property management firms named in class actions control about 1,300 units in Berkeley.
  • Councilmember Lunaparra introduced a supplemental with technical amendments, clarifying that “pricing algorithms” used in direct or indirect coordination with competitors are prohibited. Further on-the-fly edits removed explicit naming of East Bay Rental Housing Association and Berkeley Property Owners Association.
  • Debate: Councilmember Humbert opposed, arguing the definitions were overbroad, unenforceable, and potentially unconstitutional; he favored focusing on building more housing. Councilmember Blackaby supported, emphasizing the need to target collusion, not technology itself. Councilmember O’Keefe (computer science teacher) endorsed the refined language.
  • Motion by Councilmember Lunaparra to adopt the amended ordinance; seconded by Councilmember Tregub.
  • Vote: 7-1 (Humbert opposed). Motion carried. The ordinance amends BMC Chapter 13.63.

Key Outcomes

  • Urgency Resolution (Islamophobia): Adopted unanimously (8-0).
  • Consent Calendar: All remaining items (including items 1-14, 16) approved; Item 15 withdrawn.
  • Tax Lien Appeal: Denied; appeal rejected, lien recorded. Vote 8-0.
  • Algorithmic Rent-Setting Ban: Ordinance adopted with amendments (7-1). Effective upon second reading.
  • Adjourned in memory of former District 8 Councilmember Polly Armstrong. A separate adjournment for Marty Shiffenbauer was postponed to the next meeting.
  • Next Steps: The ceasefire/peace resolution from the Peace and Justice Commission is expected to go to Rules and Agenda Committee on April 1, then to Council on April 15.

Meeting Transcript

All right, we are gonna get started. I would like to call to order the Berkeley City Council meeting. Today is Tuesday, March 11th, 2025. And we're gonna start with a role. Okay. Uh calling the role. Councilmember Kessarwani. Here. Present. Bartlett. Here. Gregab present. O'Keefe. Here. Blackaby. Here. Luna Para. Here. Humbert. Present. And Mayor Ishi. Here. Okay. And Councilmember Humbert is participating in the meeting remotely this evening. So we just need to run through our script real quick. Uh Councilmember Humbert is participating remotely pursuant to the Brown Act as amended by AB 2449 under the Just Cause justification. Quorum of the Council is participating in person at the noticed meeting location. And Councilmember Humber has notified the council of his need to participate remotely. Councilmember Humber, please provide a general description of the circumstances relating to your need to appear remotely, but do not disclose any medical diagnosis disability or other confidential medical information. Sure. Thank you, Mr. Clerk. I have tested positive for a communicable respiratory disease and don't want to be present with other folks to uh transmit it. Thank you. Okay. And just uh please disclose if there is anyone uh in the meeting location with you uh who is 18 years of age or older. There is no one here in my home office with me. Okay. And then council member Humbert will participate uh in the meeting through both audio and visual uh technology. Thank you, Mayor. Thank you so much. Okay, um, so it is the first meeting of March, which means we'll be reading our land acknowledgement statements. Um we've had it so that we are taking turns. And so tonight is Councilmember Tragov's night to read the land acknowledgement statement. Thank you, Madam Mayor. The city of Barkley recognizes that the community we live in was built on the territory of Huchun, the ancestral and unceded land of the Chocheny speaking Alani people, the ancestors and descendants of the sovereign Virana Band of Alameda County. This land was and continues to be of great importance to all of the Alani tribes and descendants of the Virana Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Barkley. The documented 5,000 here history of a vibrant community at the West Barkley Shell Mound. And the Alani people who continue to reside in the East Bay.

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