Meeting Overview

The Berkeley City Council meeting on July 30, 2024, was called to order by Mayor Jesse Arreguin. The meeting included roll call, confirming the presence of all councilmembers except Ben Bartlett. The agenda covered a range of issues, with a significant focus on the classification and protection of ArtCraft Studio uses versus media production uses in the West Berkeley area, specifically relating to a building known as the Fantasy Building.

Main Agenda Items

City Auditor’s Presentation

The City Auditor presented the audit plan for fiscal year 2025, emphasizing transparency, accountability, and effective governance. The plan included audits on the Rent Stabilization Board, affordable housing, and the establishment of a whistleblower program.

City Manager’s Comments

Upcoming community events were highlighted, including National Night Out, Latin Fest Music in the Park, a roller skate party, and a movie night, aiming to foster community engagement.

Public Comments on Non-Agenda Matters

Public concerns included the phase-out of the Golden Duplex exemption, the need for a longer stakeholder process for the Missing Middle housing initiative, and the treatment of the Palestinian community.

Consent Calendar

The consent calendar included routine items and urgent matters such as the appointment of Scott Gilman as the Director of Health, Housing, and Community Services, and funding for the National Night Out event. Councilmembers made specific comments and adjustments to items on the consent calendar, including contributions to the Berkeley Student Cooperative for urgent skylight repairs.

Classification and Protection of ArtCraft Studio Uses

The primary focus was on the zoning and use designations of the Fantasy Building. The discussion revolved around whether the building's current and historical uses qualify as protected non-industrial uses under the West Berkeley Plan and zoning ordinances.

• Historical Use and Classification: The building has a long history of media production use, dating back to its establishment as a film and video production center in 1989.
• Appeal Points: The appellant argued that the use should be classified as media production, which is not a protected use, rather than an ArtCraft Studio, which is a protected use.
• Staff Recommendations: Staff recommended upholding the Zoning Adjustments Board (ZAB) decision to deny the Administrative Use Permit (AUP) based on the interpretation that the current use falls under ArtCraft Studio.
• Public Comments: Multiple speakers emphasized the importance of protecting ArtCraft Studios and the unique cultural and economic contributions they make to the community.
• Council Discussion: Council members debated the economic viability arguments and the importance of protecting art spaces, ultimately deciding to uphold the appeal and approve the AUP.

Decisions Made

• Approval of Audit Plan for Fiscal Year 2025: The City Auditor’s audit plan was accepted, focusing on key areas such as the Rent Stabilization Board, affordable housing, and the whistleblower program.

• Community Events: The City Manager's announcement of upcoming community events was noted, aiming to enhance community engagement.

• Consent Calendar Approval: The consent calendar items were approved, including the appointment of Scott Gilman and funding for the National Night Out event.

• Zoning Decision on Fantasy Building: The council voted to uphold the appeal and reverse the ZAB decision, thereby approving the AUP. The decision was based on the interpretation that the building's use was media production, not ArtCraft Studio, and therefore did not qualify for protection under the West Berkeley Plan.

• Public Hearing Closure and Meeting Adjournment: The public hearing was closed, and the meeting was adjourned after addressing non-agenda matters and procedural formalities.

• The council's decision on the Fantasy Building was influenced by legal and zoning definitions, focusing on the distinction between media production and ArtCraft Studios.
• Despite the council's support for the arts, the decision was made based on the technical and legal aspects of the zoning code.
• The meeting underscored the ongoing challenges faced by the arts community in Berkeley and the council's commitment to addressing these challenges through future policy initiatives.