Berkeley City Council Regular Meeting – March 25, 2025

The Berkeley City Council met on Tuesday, March 25, 2025, at 6:50 PM in the School District Board Room (1231 Addison Street) and via Zoom. The meeting adjourned at 9:57 PM. The Council approved a consent calendar, held public hearings on zoning and land use items, and took action on several ordinances and allocations.

Ceremonial Matters

• National Library Week Proclamation – The Council recognized April 6–12, 2025, as National Library Week. Beverly Green (President of the Board of Library Trustees) and Tess Mayer (Director of Library Services) highlighted the library’s 157,190 registered users, 1.4 million physical items and 1.3 million digital items circulating annually, and over 150 programs per month. They noted the passage of Measure X and concerns about federal funding cuts and rising censorship.
• Adjournment in Memory of Marty Schiffenbauer – Councilmember Tregub read a statement honoring Marty Schiffenbauer (died February 6, 2025, age 86), co-author of Berkeley’s rent control legislation and advocate for municipal election changes. The meeting was adjourned in his memory.

Consent Calendar

• Item 1 – Proposed Amendments to the Building Emissions Saving Ordinance (BESO) – Adopted first reading of Ordinance No. 7,953-N.S. establishing a flexible resilience standard for small residential buildings (up to four units).
• Item 2 – Prohibition of Pricing Algorithms for Rent Setting – Adopted second reading of Ordinance No. 7,956-N.S. adding Chapter 13.63 to ban the sale or use of coordinated pricing algorithms for residential dwelling units. First reading vote was 8–1 (Humbert dissenting).
• Item 3 – Minutes for Approval – Approved minutes for Council meetings of February 3, 11, and 25, 2025.
• Item 4 – Formal Bid Solicitations – Approved issuance of RFPs and IFBs totaling $6,575,000.
• Item 5 – Contract Amendment for NEXGEN Asset Management Software – Authorized an amendment increasing the contract by $1,123,457 (total not-to-exceed $2,830,366 through June 30, 2029).
• Item 6 – On-Call Landscape Architectural Services – Approved five contracts (Carducci & Associates, MIG, Inc., PGAdesign, RHAA, RRM Design Group) each not to exceed $450,000 for May 1, 2025 – April 30, 2028.
• Item 7 – Tom Bates Regional Sports Complex Restroom and Community Space Project – Adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan.
• Item 10b (moved from Action to Consent) – Companion Report on Sugar-Sweetened Beverage (SSB) Fund Allocation – Approved allocation of $2,294,774 over FY2026 and FY2027: $905,292 to BUSD for cooking and gardening programs, $905,292 to community-based organizations via RFP, $128,990 to Finance Department, and $355,200 to HHCS/PHD for administration.

The consent calendar was approved unanimously.

Public Comments & Testimony

• Non-Agenda Matters – Speakers addressed: raising the affordable housing mitigation fee; importance of living wages, local hiring, and apprenticeship programs; frustration with permitting delays for window replacements; appreciation for recent transportation improvements at Hillagas/Nashby; recognition of International Day of Remembrance of Victims of Slavery; concerns about ICE actions and free speech; human trafficking and for-profit emergency vehicles; illegal redwood tree cutting.
• Item 8 (M-RD Zoning) – Public comment included: a question about applicability of the city’s “hard hats” ordinance (staff confirmed it applies to projects over 50,000 sq ft); a letter from a resident of 1306 Third Street expressing concerns about the EIR’s handling of historic resource impacts and potential demolition; support from Biocom California for creating a predictable regulatory framework for life sciences.
• Item 9 (3000 Shattuck Ave Appeal) – Extensive public comment from neighbors, labor representatives, and community groups. Key points:
  • Neighbors (e.g., Les Shipnock, Janice Ching, Paul Dillingham) argued the 10-story, 166-unit project is too large for the intersection, poses safety risks (traffic, narrow sidewalks, lack of loading zones), and inadequately analyzed cumulative impacts. They urged denial or remand for a full EIR.
  • Appellants (East Bay Residents for Responsible Development, Laborers Local 304) argued the CEQA addendum was insufficient, citing benzene contamination (12 times safe limit per their reading), formaldehyde cancer risks, and cumulative impacts from nearby projects. They requested a supplemental EIR.
  • Labor speakers (Josh Reyes, EJ Sire, John Dalrymple) emphasized potential health risks to construction workers from un-remediated soil and urged the Council to uphold the appeal to ensure safe working conditions. They noted the developer’s threat to terminate union subcontractors if the appeal was pursued.
  • Applicant (Emily Levin) argued the project complies with the Housing Accountability Act, provides 17 very low-income units (four times the housing element projection), and that the addendum is legally sufficient. She characterized the labor appeals as leveraging CEQA for negotiation.

Discussion Items

• Item 8: Establishment of M-RD Zoning District (Pacific Steel Casting site) – Staff presented the proposed zoning changes to allow manufacturing, research, and development uses on the former Pacific Steel Casting site, with associated General Plan and West Berkeley Plan amendments. The EIR found significant unavoidable impacts for air quality, cultural resources (potential demolition of 1306 Third Street), and greenhouse gas emissions. Councilmembers Kesarwani, Taplin, and Humbert expressed support, noting the site’s blight, environmental contamination, and the potential for job creation and revenue. The item was approved unanimously.
• Item 9: ZAB Appeal at 3000 Shattuck Avenue – After a public hearing, Council deliberation centered on environmental concerns (benzene levels, noise, cumulative impacts) and legal constraints under the Housing Accountability Act. Staff and the CEQA consultant maintained that the addendum was adequate and that benzene levels were below residential screening levels in the 2022 on-site testing. Councilmembers Humbert and Blackaby expressed confidence in the environmental review; Councilmembers Taplin, Bartlett, and Mayor Ishii expressed concerns about safety and the need for better community engagement. A motion to affirm the ZAB decision and dismiss the appeals was made by Councilmember Blackaby and seconded by Councilmember Humbert.

Key Outcomes

• Approved unanimously (all items):
  • Consent Calendar (Items 1–7, 10b)
  • Item 8: First reading of Ordinance to establish M-RD zoning district; Resolution adopting West Berkeley Plan and General Plan amendments; Certification of the EIR.
• Item 9 (3000 Shattuck Ave): The motion to affirm the ZAB decision and dismiss the appeals failed (4–2: Kesarwani, Blackaby, Humbert, Ishii yes; Taplin, Bartlett no; Tregub and O’Keefe recused). Under BMC Section 23.410.040, the ZAB decision remains in effect unless the Council reconsiders within 30 days. Therefore, the Use Permit for the 10-story, 166-unit mixed-use building (including 17 very low-income units) stands as approved by the Zoning Adjustments Board.
• Referrals/Directives: None specific beyond the actions taken. Councilmember Taplin noted support for developing objective design standards in the future.