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Segment 1

Good evening.
I'd like to call to order the regular meeting of the Berkeley City Council for Tuesday, June 4th, 2024.
The first order of business is roll call.
If the city clerk can please call the roll.
Council member Kesarwani is absent.
Taplin, present.
Bartlett is absent.
Hahn, present.
Wengraf, present.
Lunaparra, here.
Humbert, present.
And Mayor Arreguin, present.
Quorum of the City Council is present.
Thank you.
Before we proceed to our next agenda item, I would like to report out from the closed session meeting of the City Council held yesterday on Tuesday, June 3rd.
First, I want to report out the actions taken at a prior closed session on May 13th.
The City Council convened a closed session on May 13th, 2024, an approved settlement in the amount of $60,952.92 to resolve FLSA and MOU claims by members of the Berkeley Firefighters Association regarding several add-on pays, out-of-class pay, hourly differential pay, excess sick leave payout, and cash in lieu of insurance pays.
The City Council also convened in closed session on June 3rd, 2024, and approved amendments to Section 30.1 of the Memorandum of Understanding with the Berkeley Firefighters Association and Section 4.2 of the MOU to the Chief Fire Officers Association, which have been accepted by those employee organizations.
The City Council also met in closed session yesterday on Tuesday, June 3rd, and authorized the City Attorney to settle the case of Lisa Romero v.
1031 Gilman, LLC, et al., Alameda County, Superior Court Case Number RG21107163 for $25,000 in exchange for release of all claims against the City.
The City Council also met in closed session, authorized the City Attorney to settle the claim of Peter Wong for property damage caused by a zero-waste vehicle in the amount of $16,315.30.
So those are the actions the Council took on May 13th and on June 3rd in closed session.
And before I proceed to ceremonial matters, I'd just like to make a few announcements.
I want to welcome everyone to this meeting of the Berkeley Firefighters Association.
We are pleased to be able to host this meeting of the Berkeley Firefighters Association through the City Council.
To allow full participation by all members of the community, and to ensure that important City business is able to be completed, we ask that all attendees conduct themselves in an orderly manner and respect the rights of others participating in the meeting.
Please be aware that the City Council rules of decorum prohibit the disruption of the room.
Disruptive behavior includes but is not limited to shouting, making disruptive noises, creating or participating in a physical disturbance, speaking out of turn or in violation of applicable rules, preventing or attempting to prevent others who have the floor from speaking, preventing others from observing the meeting, entering into or remaining in an area of the meeting room that is not open to the public, or approaching the Council dais without consent.
We ask that you observe these rules so all members of the public may observe and participate in tonight's meeting.
We thank you all for being here and look forward to your participation tonight.
So with that we'll proceed to ceremonial matters.
Actually prior to that I have to read the land acknowledgement statement.
This is our first meeting of the month.
Several years ago the City Council adopted a policy that at the first meeting of the month we read a land acknowledgement statement, and the statement is on the published City Council agenda as well.
The City Council recognized that the community that we live in is built on the territory of Huchun, the ancestral unceded land of the Checheno-speaking Ohlone people, the ancestors and descendants of the sovereign Verona Band of Alameda County.
This land was and continues to be of great importance to all of the Ohlone tribes and descendants of the Verona Band.
As we begin our meeting tonight we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shell Mound and the Ohlone people who continue to reside in the East Bay.
We recognize that Berkeley residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley's incorporation in 1878.
As stewards of the laws regulating the City of Berkeley it is not only vital that we recognize the history of this land but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today.
The City of Berkeley will continue to build relationships with the Huchun and other tribes and create meaningful options to uphold the intention of this land acknowledgement.
So we'll now proceed to ceremonial matters and I want to turn it over to Councilor Taplin who will present Proclamation.
Thank you everyone and thank you Mr.
Mayor and good evening everyone rather although thank you all for being here tonight.
I'm reading on Proclamation recognizing the annual third Saturday in August is Berkeley Pride Day.
I'm happy to be reading at the first meeting in June which is LGBTQ Pride Month.
Thank you.
Whereas the City of Berkeley California in partnership with local community groups businesses and institutions hold a long distinguished tradition in forging a more inclusive society that welcomes honors and nurtures the LGBTQIA plus community and whereas for more than 50 years the City of Berkeley has proudly served as home and partner to the Pacific Center for Human Growth the oldest LGBTQIA plus center in the Bay Area and a pioneering provider of compassionate mental health care services for the local LGBTQIA plus community through accessible low-cost therapy peer support groups educational workshops advocacy and other programming that supports and uplifts vulnerable historically marginalized and underserved members of our community and promotes their self-expression and whereas the Berkeley community has consistently demonstrated its commitment to the LGBTQIA plus equality sorry whereas the Berkeley community has consistently demonstrated its commitment to LGBT LGBTQIA plus equality and well-being through groundbreaking steps such as the University of California Berkeley offering the first undergraduate LGBTQIA plus studies course in the United States 1970 Berkeley becoming one of the first cities in the nation to establish a domestic partnership registry in 1984 Berkeley being the first American city to mail AIDS information packets to every resident in 1987 and Berkeley emerging as the first city in the United States proclaimed bisexual pride and by visibility day in 2012 in 2012 2012 sorry there's lots of twos and whereas the City of Berkeley possesses deep historical ties to LGBTQIA plus pride and has consistently sponsored vibrant celebrations of the community's culture diversity and acceptance ranging from the 1973 East Bay Gay Festival produced by Pacific Center at Willard Park to Gay Day festivals at the North Berkeley Senior Center to annual pride in the plaza events in downtown Berkeley and whereas the City of Berkeley in partnership with Pacific Center for Human Growth wishes to codify its unwavering support of the LGBTQIA plus community and to honor our community's vital role in creating a more open and inclusive city by conferring annual recognition and gratitude and pride and I'll therefore be resolved that I Jesse Adegin, Mayor of the City of Berkeley do hereby proclaim the annual third Saturday in August as Berkeley Pride Day.
Thank you and we have someone from the Pacific Center here and I just want to say that you know I'm getting a little choked up because as a pre-teen and as a young adult I participated in many of the Pacific Center's programs and if it weren't for the Pacific Center I never would have been able to find a home where I felt like I could be my true self so thank you so much.
Thank you so much and I second Councilor Taplin's comments about all the incredible work the Pacific Center has done for many decades and good to see you.
Thank you for being here today.
I just want to also recognize that it is June LGBTQ plus pride month so happy pride month everyone and I hope I know there are a number of events not just here in Berkeley but in throughout the Bay Area.
I hope everyone participates.
We also proudly fly the pride flag in the City of Berkeley and just want to acknowledge that we are in June pride month.
Our next proclamation is recognized in the 2024 Berkeley High School Speech and Debate Champions and I know that we have some of the champions here tonight and I have to say it's I'm actually kind of excited to present this as somebody who went through speech and debate at my high school and let me tell you it actually does pay off if you ever enter public service so I want to just take this opportunity to congratulate the Berkeley High School Parliamentary Debate Program and our champions who are here tonight.
I'm going to read this proclamation invite them to come up to the podium and want to invite their instructor and any students who want to make any remarks as well to please join us.
So this is in recognition of the 2024 Berkeley High School Speech and Debate Team champions whereas the Berkeley High School Speech and Debate Program was established in 2008 and supports approximately 60 students each year fostering a tradition of excellence and academic discourse within the school community and in the City of Berkeley.
Participating in Parliamentary Debate which is a dynamic form of discourse where teams of two engage in rigorous intellectual exchange on a variety of topics with only 15 to 20 minutes in preparation time per round.
I certainly can attest to this because it's a lot of work to do in a very short amount of time.
You have to really present very strong cogent arguments.
The National Parliamentary Debate League Tournament of Champions the pinnacle of high school parliamentary debate featured the nation's top 65 teams with Berkeley High emerging victorious in two of the last three years.
And whereas the Berkeley High Parliamentary Debate Program has achieved remarkable success consistently ranking among the top of the nation and high school students Jacob Goldman and Isaac Gromick McClurg won the 2024 Tournament of Champions and Amber Safir and Zachary Wu won the 2024 State Championship.
Two victories signifying a historic milestone for Berkeley High as the first school to secure both titles in the same year.
What an incredible accomplishment.
And whereas the dedication hard work and camaraderie of the Berkeley High School Parliamentary Debate Program serve as a shining example of the school's commitment to academic excellence and intellectual growth.
And so I just yet again the Mayor of the City of Berkeley do hereby celebrate and commend the Berkeley High School Parliamentary Debate Program for its outstanding achievements and contributions to the academic community and to our city.
So congratulations so congratulations and if you want to say a few words we'd love to receive your comments tonight.
Mr.
Mayor and City Council I'm Joel Jacobs I'm the head coach at Berkeley High School and we would just like to express our appreciation for your support of the team here tonight and your support of excellent education in Berkeley that's made all this possible.
So thank you very much.
Wow.
One, two, three.
Okay.
Thank you for being here tonight.
Congratulations.
Thank you to the incredible teachers and parents who have supported these champions.
Thank you to all of the teachers and parents who have supported these champions and once again Berkeley high school leading being our state.
So that completes ceremonial matters before we proceed to city manager comments.
Mr.
Clark, I'm informed that Councilman Bartlett is on zoom and I understand due to illness.
He would like to participate the provisions of assembly bill 2, 4, 4, 9.
I'm going to go ahead and open it up for Council member Bartlett's participation.
There's just a few things we need to go through.
Council member Bartlett is going to participate in the meeting pursuant to Brown act as amended by 82, 4, 4, 9, under the just cause justification in order to do so a quorum of the City Council must participate in person.
I'm going to go ahead and open it up for Council member Bartlett has notified the Council his intent to participate remotely.
Council member Bartlett, if you could please provide a general description of the circumstances relating to your need to appear remotely, but you do not need to disclose any specific medical diagnosis or other confidential medical information.
If you could do so now.
And Council member Bartlett, in order to proceed, you must disclose whether there are any individuals, 18 years of age or older present with you in the room where you are participating from and what is the nature of any such relationship of any such individuals to you.
There are no other persons present with me.
It would not be good for them.
Okay, and Council member Bartlett is required to participate through both audio and visual technology for the meeting.
Okay.
Council member Bartlett, do you have a motion to approve the emergency circumstances provision for the City Council to be able to participate remotely? No, Council only needs to vote for the emergency circumstances provisions, not for just cause.
Okay.
Thank you.
Well, Council member Bartlett, I hope you get better soon.
Thank you for participating in our meeting tonight and we did receive a request from the City Auditor who would like to make some comments to the City Council and the public this evening, so I'll go to the City Auditor and then we'll go to the City Manager.
Thank you, Council member Bartlett.
Thank you for participating in our meeting and happy Pride Month.
I'm here to ask City Council to pass items number 37 and 38 on the consent calendar.
These are 2 items that my office put forward number 37 is requesting approval for a contract with GPP analytics to conduct an audit of the payroll audit division in my office.
The city charter requires audits to adhere to government auditing standards, which mandate independence.
And by that standard, my office cannot independently perform an audit of its payroll audit division.
So you can't do an audit of an audit.
This work will be included in the fiscal year 25 audit plan to be and will be released next summer.
Number 38 includes proposed amendments to Berkeley's municipal code chapter 2.24, enhancing the authority and scope of the City Auditor's office.
We were here last year to receive Council commitment for the start of this program.
Tonight we have code amendments to empower my office to formally receive, refer and investigate reports of fraud, waste and abuse.
There are also provisions to protect whistleblowers from retaliation to encourage them to report.
This initiative aims to strengthen transparency and accountability within city operations, aligning with state legislation that encourages robust whistleblower programs in city auditor offices.
We will also align ourselves with other cities in California with established whistleblower programs housed in the auditor offices like San Francisco, Oakland and San Diego.
This program is crucial for maintaining public trust and safeguarding the integrity of our city operations with potential to significantly benefit our city finances by uncovering and addressing improper activities more effectively.
This program is critical for maintaining public trust and safeguarding the integrity of our city operations with potential to significantly benefit our city finances by uncovering and addressing improper activities more effectively and underscores Berkeley's commitment to ethical governance and public trust.
I want to thank the City Council for already demonstrating this commitment to this initiative passing with an item last year to support this initiation in my office.
I also want to thank the City Council for their support of this important program and HR director for their input and support of this important program and also Aaron Mullen, who's our whistleblower manager in my office.
I urge the City Council to pass number 38 tonight to bolster accountability within our city operations.
Thank you.
Thank you, Mr.
Mayor and Council.
No comments this evening.
Okay, thank you very much.
So I'd like to ask unanimous consent that we move now to public comment from employee unions at the 1st regular meeting of the month.
We do have a public comment period reserved for officially designated members of city of Berkeley employee unions and we have 5 minutes allocated per union.
And I know we have the president of Berkeley Firefighters Association, Local 1227.
Good evening.
I'll give you the floor and I believe there may be other labor representatives who would like to speak thereafter.
Do I need to wait for the timer? Oh, there it is.
Okay.
Good evening, Berkeley City Council and Berkeley residents.
My name is Omori Langnell, president of the Berkeley Firefighters Local 1227.
I'm here today to speak in strong support of the lease of the commercial property located on Kilman Street.
Since I joined the Berkeley Fire Department, we've seen a tremendous increase in call volume over the last 15 years.
It's grown to almost 100% with the direct rise in demand.
It's necessitated expansion of our services.
So, with the passing of measure FF and including a wildland division into our organization and the expansion of our EMS division, the Berkeley Fire Department is really just busting at the seams and we're looking for a logistical space to put people.
We need classrooms.
We need places for our apparatus.
The property on Kilman presents a vital opportunity for us to address these limitations.
By leasing this space, we can alleviate our current constraints and better support our expanded divisions.
Not only addressing the current needs of our community, but the future needs of our community as well.
In conclusion, I urge you to support the lease of the commercial property on Kilman Street.
This move is crucial for the continued effectiveness and the growth of the Berkeley Fire Department.
It will enable us to better serve our community today and meet the challenges for tomorrow.
Thank you guys for your consideration.
Thank you very much.
Okay, do we have a representative from local 10 to 1 community services unit, PTRLA? Okay.
Hello, good evening, council members and mayor.
My name is Jose Guerrero.
I work as a librarian for the city of Berkeley.
I'm a member of the SCIU 10 to 1 CSU PTRLA and currently serve as treasurer.
The city's lawyers informed the SCIU 10 to 1 and local 1 bargaining teams on May 16th that the city council issued a directive to deny open and coordinated bargaining on the recommendation of those of those same law firms.
You're spending hundreds of thousands in taxpayer dollars on these lawyers and something you spend that kind of money on should be accessible to the public.
In our meetings with council members, we've learned that no directive was issued to deny open and coordinated bargaining.
Our chapter is being misled and we seek prompt rectification.
SCIU 10 to 1 CSU PTRLA successfully bargained openly before.
Why is what worked in 2021 suddenly not acceptable in 2024? Berkeley's communities, city workers, and all have a right to know how their contract is bargained.
We demand rectification of the so-called directive and seek to promptly engage in open, transparent, and coordinated bargaining for SCIU 10 to 1 and local 1.
I'll now pass things on over to our member leader, Christina.
Hello, my name is Christina.
I'm a library worker and proud union member local SCIU 10 to 1 has passed a resolution calling for a ceasefire, humanitarian aid, and the end to the occupation of Palestine.
It is my duty to stand here today and call on you to do the same.
It is not lost on me that you begin each meeting with a land acknowledgment given our country's own colonial project and subsequent genocide.
If I ask you to pick a side, I believe that you would choose the righteous one.
I implore you to find that courage and act on this moment in history.
It is the position of SCIU local 10 to 1 that Berkeley City Council must draft, addendize, and pass a resolution not only for a ceasefire, but also for the end to the occupation of Palestine.
I'm going to give the rest of my time to my colleague, Jocelyn.
Thank you, greetings, council members and mayor.
I want to give a little bit of an update.
I do want to thank the council members that have met with our chapter and I also want to thank the city manager's office for somewhat belatedly, but I never get to do that.
I'm making an acknowledgment to staff about the Islamophobic hate email that many of us received.
Thank you for acknowledging that.
And just to give a bit of an update on what's going on with us is that we were very much open to having more of those meetings with the city council members.
I'm making an acknowledgment to staff about the Islamophobic hate email that many of us received.
Thank you for acknowledging that.
And just to give a bit of an update on what's going on with us is that we were very much open to having more of those meetings with council members to try to make some clarity, especially around this idea of a directive.
I'm making an acknowledgment to staff about the Islamophobic hate email that many of us received.
I'm making an acknowledgment to staff about the Islamophobic hate email that many of us received.
Is there a directive to not meet with us jointly with local one and openly it seems like there isn't but we're really seeking like more clarity around that and really hoping that more of you will meet with us soon.
I'm making an acknowledgment to staff about the Islamophobic hate email that many of us received.
I'm making an acknowledgment to staff about the Islamophobic hate email that many of us received.
And sorry about my appearance I just came from the farmers market giving out food and veggie vouchers to food insecure moms and babies in Berkeley.
But that's the type of service we don't want to see an interruption in.
And I'm going to interrupt that I don't think any of us do so I'm hoping that more of you will come and talk to us tonight and set up some more meetings with our group.
Thank you so much.
Take care.
Thank you very much.
I see on zoom we do have representatives from the CIU clerical and maintenance chapter.
Okay.
I'm going to pause for five minutes and I'm going to go to, I don't know if there any represents some local one.
Okay.
I don't see anyone on zoom is there anyone from local one here tonight.
Okay, if not, let me know.
We'll go to a CIU maintenance and clerical.
Thank you.
Can you hear me.
Yes.
Perfect.
Good evening, Mayor and Council members and Madam City Manager.
I do appreciate you taking the time to hear us my apologies that I couldn't be there in person.
I also want to start with a very good congratulations to the speech and debate team champions, had I participated in such a program, what I have to say tonight would likely be much better articulated.
I do want to just acknowledge that our chapters maintenance and clerical chapters were also in bargaining with the city, and we did come to a tentative agreement with the city just this past week, we were able to do this, collectively, and I just want to say that this has been kind of unprecedented.
I have been on our negotiations teams and several different rounds now with the city in my 17 years.
And this was our first time finishing so quickly and we were able to do that with our joint collaboration, and the ability to come together and work things out together.
I also want to add that negotiations is about more than than colas.
It's also about working conditions.
We addressed many many issues that are near and dear to our members hearts that don't have any necessarily dollar signs patch to them but do have to do with health and safety, we were able to address a lot of these issues and I do appreciate the city's willingness to do so with us.
I also do want to, to acknowledge that this is something that that we only can do collectively, with the, the reports and respect that we've had with one another over the years this is how we were able to accomplish so much.
I do feel maintenance and clerical chapters that we are the backbone of the city, I'm sure many city employees do, but we are the folks who are answering the 311 phones but 911 phones.
We are the ones who are picking up your garbage and keeping our streets clean.
We're doing a lot of those things that are really kind of gross that nobody else wants to deal with, and we take care of those items on behalf of our constituents and we do it because this is, you know, this is at the end of the day a really great place to work.
We don't get everything that we asked for.
We don't, we don't get all that we asked for.
That's the part of bargaining, you get some, I get some, and I do think that what we came together and agreed upon is fair, all the way around and an equitable, all the way around.
Thank you so much for your time.
We have a remaining to 13 to Danny Walker.
Danny should not be able to speak.
Can you hear me.
We can yes.
Thank you.
I'm hoping to get more time than that since we have both to two different presidents but I'll take what I can get.
Not a problem.
So, the first thing I want to do, Mayor is thank you, and the council.
I was city manager.
As Rebecca, we have been in many negotiations.
I want to thank you guys for approving the contract.
It was, it wasn't easy to hear at all.
But, uh, we were successful in getting it done before you guys leave to go to recess, very important to us and our members that we did not have to wait.
We didn't get everything we wanted.
But I think we got a fair contract.
And again, I want to say thank you.
I want to take this time.

Segment 2

and just say thank you to our city manager who gave us her all.
I love you and I'm going to miss you.
Aram, thank you for coming in and getting the job done.
Thank you to Latonya who's going to step in briefly and I don't think we're going to miss a beat.
This has been a real tough year for everyone and I just want to say thank you again.
I did get it all in.
I do see Sandra Lewis's hand raised.
We do have 16 more seconds, but if you need a little bit of additional time after that, please, please take it.
Thank you.
Thank you.
Thank you.
I'm going to talk very, very quickly.
So to the mayor and to the city council, Sandra Lewis, a member of the negotiation team for maintenance and clerical and also a happy employee for the city of Berkeley for 43 years.
I have seen city managers come and go.
I have been here for many, many years and I just want to express, first of all, D, I have enjoyed working with you.
I know we always don't agree, but I am truly going to miss the partnership that you have tried to advocate and that you have advocated.
And you have taught me that even when people try to hold you down, even when people try to criticize you, even though when people try to talk about you, you held your head up.
And for that, I thank you, I thank you to the mayor and city council for being able to support us going forward again, been in this for 43 years.
I have seen some councils that don't even spend the day trying to even open up the door and talk to us.
So, for that, I thank you.
I truly thank you for showing leadership and the Tanya.
I know you're going to do good things.
I wish you would have been the next city manager, but whatever time that you have here, I look forward to working for you.
So, working with you, not for you, working with you.
So, again, I just wanted I'm still in the middle of a meeting, but I wanted to take this time to appreciate the mayor, the council and our city manager that I'm truly going to miss.
So, thank you.
Thank you very much.
I don't believe we have any represent some local 1 here tonight.
I don't see any recent on zoom.
I want to thank our city employees and our.
Labor representatives are being here tonight for your comments and your service to our city and we're now going to move to public comment on non agenda matters.
And the way we're going to conduct this public comment period is the city clerk will randomly select 5 cards.
To speak on items, not an agenda.
If you are here to speak to something on the consent or action calendar, we will take public comments on the consent and action calendar.
When we get to that.
Later, this is an opportunity for public comments on anything is not on our agenda tonight.
We welcome your comments and then we're going to 5 speakers on zoom.
So, Mr.
Clark, if you can please read the 5 individuals selected.
We just have 3 cards tonight.
We have we have Roy.
And we have Regina.
Okay, so those are the 3 in person speakers.
I see it here since we didn't, since we'd have 5 cards, we'll go to you as well.
Yeah, former counselor.
Speaking on the budget, we're not going to use that later.
Thank you very much.
Have a good evening.
Happy to see you all.
I'll be brief.
Number 1, we should all work for better Berkeley.
That is number 1.
Bring it the golden days of city of Berkeley in a great city of free speech.
Is he Berkeley and so on this? 2nd, let's all pray for a piece of the Middle East.
Because as of today, over 100,000 people in gas are dead.
And, you know, I think as a human individual, but as nation or not, so when you go home, try to listen to.
Sean Lennon song imagine.
Imagine is no country and no religion to copy as far as business is plus plus plus everybody.
I've been patient and patient and patient.
Time to act time to act and all friends or cousins as great.
So, if you send me.
We are cousins and again, we'll never have a choice.
What family we came to and so on.
We should work as cousins and brothers.
Thank you.
Congress on.
Okay.
Thank you.
And I will see you again soon.
Mr.
Clark, where the other hearts.
Regina and then Roy.
It's best.
Okay.
Hello, city mayor and city council.
I'm Regina of vice president of Berkeley Federation of teachers.
I'm here representing many of our members who are at Berkeley high school.
We are just city council to prove Berkeley hive in the residential, provincial parking ordinance on the consent calendar educators continue to lack the flexibility that other workers in the area have to be able to move their cars and avoid parking tickets.
Even our short lunch break is oftentimes spent with students who need academic support and spend facilitating school clubs.
We think those who participate in these discussions, and especially the residents of district 4, because they know that taking care of our educators and students they teach is an important value that Berkeley holds.
And thank you for those who served on the 2 by 2 back in 2023.
Thank you.
Okay, we'll go to former council member.
And then we'll go to Roy and then.
We'll go to you, Miss Murphy.
Thank you.
Genocide Zionist Jesse and Zionist council, except for district 7 council member.
For 1, I would like for you to support the black repertory theater, give them the same money that you've given.
Um, we need to give them the same money for the only black data in the city of Berkeley at that.
And you give the pink theaters money.
And stop the predatory practices on the black rep.
And allow them to be here and thrive.
And also, I think it's interesting that it's a Berkeley unified school district meetings.
There's no police.
They're not scared of pro Palestine people.
There's no barriers.
You know, it's a whole different scene.
And then I also want to say to the city manager and the deputy city manager that I to please respond to my email and the request that I sent to you and I spoke to you about last time.
And please, please pass a good.
Resolution to for a ceasefire all the bodies.
He said 100,000 people have been murdered by.
It's not real.
And children, the starvation.
It's really disgusting and sad that, um, you know, you guys will not and refuse to pass a ceasefire when people are dying and you have no.
No, you know, thought for humanity.
And, you know, you're an elected official and you should look it out for all humanity, not just your constituents, not just your districts, but the whole city and all the people of the world because 1.
Issue and another part of the world is our issue here in Berkeley and people in Berkeley's families are dying in Gaza.
And we need a ceasefire now, so 3, 3 Palestine.
And 2nd represents Roy Roy came with a complaint to you that he another 10 employees.
Yeah, the microphone on so could you so yeah, the name boy was hold on 1 2nd.
Yeah.
The name boy was selected.
Yes.
Are you saying they yielded you there a minute? Yes.
Okay.
Yeah, he just had to leave and he has the card in his name.
He wrote it himself.
We need to go forward because this episode is shameful and shame on the city of Berkeley mayor council people.
You can just like, backward when people are crying for not being able to shop our great business, at least in employees and very large advertising budget.
Very high credit limit.
Hi, we're getting offers of clients from everywhere.
The state, even so we need to go forward.
No more joke.
No more laughing and don't do not ignore us.
You're a good people.
You all like to work for the better Berkeley.
I wrote many articles and many avenues newspaper from Berkeley is it on.
Now, we can make better and better Berkeley a better city.
Just offer that work all together.
If anybody have a question.
Please call me, we said we'll pay for a year if we have to.
1100 again is 10,000.
This is how they're doing the rest of them.
Good to see you again.
Thank you.
Okay.
Miss Murphy.
We'll go to you next.
And then we'll go to the speakers on zoom.
Hey, family, hi, everybody doing in Berkeley.
All right, all right, so I'm Christina Murphy for people that don't know me.
It was really nice to see all the people who just remind me of back in the days when we all used to come to city council.
So we knew what was going on.
I want to also say, Miss D.
I'm going to miss you a lot.
I really am going to miss you because when I first got involved in politics, you was the 1st person that I say, you was very, very, very kind to me and approachable and I'm a miss that I don't know you yet, but I will get to know you.
But I really want to tell you, I appreciate you for all that the lady said up there and you inspire me and I'm really grateful for the opportunities that I have coming towards me in the next couple of days.
And I'm really grateful and ready to serve as well and continue to do the work.
I came up from the layout to come speak.
Most of y'all don't know, but we all got time and we don't know how much time we have left on this earth.
And I was diagnosed with stage for a cancer and I want y'all to know that my last wish that I'm asking city council to do is to please support black repertory theater.
I support the fact I understand that we have procedures and there's things and that we have to get done meet up to code and all that.
But what I'm asking is the same way.
We're so behind that you stepped up for the lonely people so they can get their land back, help us step up so we can get our theater back because that's what they spoke earlier.
But that's the only black theater we have.
We have black rep up here in Berkeley at the downtown, but it's not like black repertory theater in South Berkeley.
So, whoever becomes city council for district 3, I beg you to do everything you can.
It goes along with the Ashby bar station stuff.
So please find the black rep.
Please find a black rep and offer your support so they can get up to code so they can get what they need.
I'm here to support it as well as long as I'm alive.
Thank you.
And thank you.
And please support black rep.
Please support black rep.
Thank you.
Okay, we'll go to speakers on zoom Blair Beekman Blair Beekman, you should not be able to speak.
Hi Blair Beekman here.
Thanks for the meeting tonight to try to offer public comment on agenda public comment.
Thank you, city of Berkeley that with all the mayhem that's going on both in Israel and in the Ukraine area.
I think you've tried to take a position to offer you know public safety matters you try to work.
You know, try to offer a system that to talk about accountability.
And I think that's important.
Now it's from that I hope tonight's meeting we make some Interesting new choices and talk about some interesting new choices and talk about concepts of peace at the local level instead of war and The overuse of law enforcement and surveillance.
Good luck.
How we can do that tonight.
I'm going to really be thinking of Kate Harrison tonight and the work she's done.
And I hope we can honor her tonight.
And the work we do for everyone working on the issues of the Mideast at this time if we work towards issues at the local level towards peace towards openness and accountability.
That's an important step this time.
Thanks.
Okay, our next speaker is Justin Smith.
So again, this is public comment on non agenda matters, followed by money law.
Oh, good evening.
Mayor.
Good evening.
Council members.
The name is Justin Smith.
I'm speaking on behalf of the community members interested in the Ashby BART Center development.
The question or issue at hand is we've not seen an update on the MOU between the city of Berkeley and BART.
And not seeing any public sort of information associated with that.
We're asking the council to provide an update and public access Into the process for that MOU and associated with the process is the RFQ for the Ashby BART station.
We'd also like the city and the council to request that BART Have a public review of the RFQ beforehand.
This is a customary practice that we've seen with other RFQs so that either input or comments and or consideration can be provided.
Thank you.
Thank you.
We'll go next to money law.
Good evening, mayor and council and my fellow community members of Berkeley.
I speak just as my personal Position as a resident of Berkeley.
I'd like to second the Motion by Miss Murphy regarding support full at 100% for black rep theater in South Berkeley.
I've attended events there.
It's an excellent space and it's historic and needs to be preserved and supported.
Please do so.
Secondly, I attended a cert class on sat on Sunday and I'd like to second the Position of the firefighter who spoke earlier.
Cert is a very important program community emergency response teams.
FF funds and others should be supported to provide more training to our residents in the event of an earthquake, which is likely to happen in the future and wildfire.
We need those cert classes and we need their expanded space because we were packed in a room wall to wall and they definitely need additional space and more funding can go to neighborhood support, including low income neighborhoods to provide cash to them.
Thank you.
Thank you.
Okay.
Our next speaker is Ilana Auerbach.
Good evening, everybody.
Okay, just had to pull over.
Okay.
Y'all can hear me.
Yes, I imagine.
Yes.
Yes.
It's all my time.
Thank you.
Y'all can hear me.
Yes, I imagine.
Yes.
Yes, it's all my time.
Thank you.
So I just finished campaigning in this town and the level of unnecessary meanness was astounding.
I'm still astounded by it.
The level of lies and just slander and misinterpreting.
It was really thick.
And especially from campaigns that most or all of you all supported and endorsed.
So wow.
And let's do better.
You know, we don't need to be so mean.
Let's bring more kindness to Berkeley.
And I'm even more tripled down on kindness that's needed in our beautiful town.
Kindness and equity, which we all talk about.
Yes, to the Black Repertory Theater.
Give it as much money, maybe a fraction, maybe half as we give to the White Repertory Theater.
And also, don't miss the opportunity, because we're going to end up on the really wrong side of history, free Palestine and pass a ceasefire before the ceasefire occurs, which may it be this hour during this meeting.
Thank you.
Okay, thank you.
That completes public comment on non-agenda matters.
We will have another public comment period at the end of our agenda on non-agenda matters.
Thank you, everyone, for your comments.
We'll now proceed to the consent calendar.
And we have received a couple of urgent items.
The first from the city manager on the title lease urgency ordinance for the leasing of real property at 1250 to 1288 9th Street.
In addition to other addresses, this is the lease of these properties by the Berkeley Fire Department.
And there was an extensive explanation in the material submitted, which is also posted on our website about why this meets the standard under government code section 54954.2b2.
So I move that we accept this material under the provisions to government code section 54954.2b2.
Is there a second? Second.
The two-thirds vote requires the question before the council is whether to add this item to the agenda tonight.
Please call the roll.
Council Member Kiss-Irwani? Yes.
Kaplan? Yes.
Bartlett? Yes.
Haun? Yes.
Lengraaff? Yes.
Lunapara? Yes.
Humbert? Yes.
And Mayor Irving? Yes.
Okay, that motion carries.
That item has been added to our agenda.
It is on the consent calendar.
Anyone who would like to speak to the urgency ordinance approving the lease for the property at 1250 to 1288 9th Street by the Berkeley Fire Department, we will take your comments when we take public comment on the consent calendar.
We also received an urgent item submitted by Council Member Haun under the provisions of government code section 54954.2b2.
And the fact supporting the addition of this item as stated on the cover sheet, the agenda for the June 4th meeting was posted on May 23rd.
At the two-by-two meeting the next day, the council became aware of a few remaining regulatory and administrative challenges precluding the issuance of RPP permits to Berkeley High School.
The window for issuance of permits to neighborhood-serving community facilities is closing imminently.
Without immediate council action, the Berkeley Unified School District would not be able to obtain the permits they are entitled to before the 2024-25 school year.
This item restates the actions taken by council on January 16th, 2024, and that's clarification around the remaining regulatory and administrative concerns allowing these permits to be issued expeditiously.
So, do you want to make a motion to add this item? Yes, I move that we add the urgent item for Berkeley High parking permits to the consent calendar.
Second.
Second.
Okay, thank you.
So, colleagues, the question for the council is whether to add this item to the agenda and the provisions of government code section 54954.2b2.
If there's a need to take immediate action, the need for action came to the attention of the local agency subsequent to the agenda for this meeting being posted.
This does require a 2-3 vote, and I'll ask the clerk to call the roll on the motion.
Council member Kastarwani? Yes.
Kaplan? Yes.
Bartlett? Yes.
Hahn? Yes.
Langraff? Yes.
Lunapara? Yes.
Humbert? Yes.
And Mayor Iroby? Yes.
Okay.
Okay, that motion carries unanimously, and this item will be on the consent calendar.
Anyone who'd like to speak to this item, we welcome your comments when we get to the consent calendar, just public comment period.
Okay, on the consent calendar, Madam City Manager, I understand that item 34, the contract with Edgeworth Integration LLC for the installation of security cameras at council-approved locations, that you would like to continue that item to the June 25th agenda? That is correct.
Okay, so since this was submitted by the City Manager, without objection, we'll continue that item to June 25th.
I'm very excited to announce that when we adopt the consent calendar tonight, we will be approving the appointment of LaTanya Bellow as our interim City Manager for the period of July 11th to September 15th, 2024, and so I want to first read the recommendation and the compensation information.
State law requires that we read it into the record before we take action.
By approving item 39 tonight, the council will be approving the appointment of LaTanya Bellow as interim City Manager to be effective July 11th, 2024 to September 15th, 2024, at a prorated rate of pay based upon the annualized salary of $401,722.10 for the period of service in this role, in addition to employee benefits, and we'll also be approving an employment agreement as well.
I want to just take this opportunity to thank Ms.
Bellow for her years of service to our city and stepping in to serving as our interim City Manager during this critical leadership transition, and you have demonstrated, not just through your work as Human Resources Director and Deputy City Manager, but as Acting City Manager at times, incredible dedication and professionalism, and we're really grateful for your willingness to step into this important role, and thank you so much, and we look forward to working with you, so congratulations.
And by approving item 40 as well, the City Council will be approving the appointment of Paul Budenhagen as a City Manager of the City of Berkeley, effective September 16th, 2024, at an annual salary of $401,722.10, and additional employee benefits, as well as approving an employment agreement, so I want to also thank Mr.
Budenhagen, who's in a City Council meeting, and not able to join us tonight, but he wanted to express his gratitude to the City Council and to the community for this opportunity.
We have worked with him for years, and grateful that he'd be coming back to Berkeley to serve as our new City Manager, starting in September.
But I want to give the opportunity, Ms.
Bellow, if you want to make any comments, the floor is yours.
I don't want to put you on the spot, but if you want to make any comments, please do, and we'll get you on the spot.
But given the, you know, this is a pretty significant moment for Berkeley, I want to give the opportunity to make any comments.
Thank you so much, Mr.
Mayor, and to the Council, and to the community of Berkeley.
I just want to thank you from the bottom of my heart for this opportunity to continue to lead this wonderful organization, this wonderful community, through this time of transition and change.
I thank both the Mayor and the Council for their trust in for their confidence in me, because that that is pretty significant as well.
And I look forward to continuing to be supportive, to be communicative, to be collaborative with the community, as well as the Council, and to serve, which is exactly what I enjoy doing.
So thank you all so much for this opportunity.
Okay, thank you very much, and we know the City Manager will be retiring soon.
We will definitely acknowledge the City Manager's service at the June 25th Council meeting, and excited by the leadership transition here in Berkeley, and we're so grateful.
We have such brilliant, dedicated, exceptional public servants who are going to continue this important work for our community, so thank you.
Item 47, this was from former Council Member Harrison, amending BMC Chapter 3.78 to expand the requirements for representatives of the poor to serve on the HWCAC.
Council previously took action to amend the enabling legislation for the Human Welfare and Community Action Commission, so this item is moot.
So the Agenda and Rules Committee sent this to Council with a negative recommendation, because we don't need to adopt this since we've already taken the action former Council Member Harrison recommended.
So I'd like to make a motion, I'd like to ask that we move this item to consent, and that we take no action on Item 47.
Is there any objection to that? Okay, hearing no objection, that will be the action.
If you'd like to speak on Item 47, we welcome your comments during the consent public comment period.
And then colleagues, I know we have a number of young people here tonight who'd like to speak on the City Budget.
I'd like to ask that after we vote on the consent calendar, we give those young people the opportunity to speak, because I know that they're here tonight with their parents, and we don't want to keep them here too late.
We definitely want to hear their comments.
So after we vote on the consent calendar, we'll open the floor for any young people that'd like to address the City Council on the City Budget.
So those are all my comments.
Vice Mayor Wenger? Thank you.
Very simple.
On Number 41, I'd like to be recorded as donating $250 from my discretionary account.
And Council Member Tatlin, if there's room on that item, I'd like to join it.
Yes, of course.
Thank you so much.
Thank you.
Thank you.
We'll go next to Council Member Humber.
Thank you, Mr.
Mayor.
On Item 32, Grant Funding Applications, I'm really excited about both these potential grants and the cyclist and pedestrian safety work that they'll make possible.
The Adeline improvements will match those on the north side of Ashby, as I understand it, and will link up with new bike lanes on the Oakland part of Adeline.
Money for the bike lane boulevards in West Berkeley is sorely needed to help us move toward our Vision Zero climate action goals.
Let's see very quickly here.
On Item 39, I fully support the appointment of Ms.
Bellow as our interim City Manager.
Deputy City Manager Bellow knows the ropes, and I'm very thankful that we're going to have someone so knowledgeable and dedicated to take the reins as we make this transition.
On Item 40, appointment of City Manager, I know that our current City Manager still has another month and change to go, but as part of this item, I wanted to go ahead and thank City Manager Dee Williams Ridley for her incredible work, poise, and dedication to our city over the course of her tenure.
I wasn't on this Council yet, of course, but her steady hand and work with the Council and other staff is a big part of why Berkeley did, frankly, so superbly during the pandemic.
I think the city will forever owe her a debt of gratitude, and I hope that we can find another occasion, and I guess we will on the 25th, to express our thanks as we draw closer to her departure date.
As much as I will miss you, Madam City Manager, I also want to express my staunch support for making Paul Buddenhagen our next City Manager, and want to extend an early welcome to him.
This was before my time, but everything I've heard about him tells me he was incredibly patient, knowledgeable, dedicated, and great to work with, so I'm really happy and excited he will be.

Segment 3

Thank you.
Thank you for having me.
Serving our city again this time a city manager.
On item 41, I'd like to contribute $500.
From our district eight office account to support the bark and meow.
Around the block.
Adoption event item 41.
I'm deeply grateful for the work Berkeley humane does for animal welfare.
And help abandon and lost dogs and cats.
I'm deeply grateful for the work.
Berkeley humane does for animal welfare.
And help abandon and lost dogs and cats.
And help abandon and lost husky pups.
Let's see, that may be it.
Yeah, that's it for my comments on the consent calendar.
Thank you.
Councilor Hahn.
Thank you, mayor.
I also would like to take the occasion to start.
I would like to thank.
The city manager for her leadership, her friendship.
For her mentorship, her patience.
And her incredible ability to hold so many things up at once.
Not just for our city.
But the leadership that she provides across the state and nationally.
For other city managers and other young people.
I would also like to thank the city manager for her leadership.
As a.
A role model and an example of.
Of things they can achieve that they might not have dreamed of.
Or imagine for themselves.
So D Williams really is an important leader for our city.
She was an important leader in her profession.
And she's an example of that.
I also want to thank.
Latonya Bellow for her.
Willingness to step up is not easy.
When you step up to be an interim city manager.
You don't have two deputies.
It's a big task.
This is a big city with a lot of different functions.
And a lot of different constituencies.
To respond to.
And I appreciate your.
Helping us at this important time and hopefully.
Continuing with us.
Thank you.
I look forward to being crazy enough to come back to Berkeley.
And.
Look forward to working with him in, in this new role.
On item and now to smaller things, but also important.
On item 41, I would also like to give $250.
Thank you.
Thank you so much.
We are at four.
Okay.
You're at four.
Great.
But I will still make my contribution.
Thank you.
Okay.
Councillor Luna par.
Thank you.
For item 26.
I want to emphasize my support for the work that Bonita house is doing.
I know that it's really difficult to develop new.
And imaginative forms of public safety and I really strongly commend their work.
And every all the work that went into developing this program and how it has been so thoughtfully carried out.
For item 41, I just want to say thank you to the entire council for their support.
I just want to thank every single person who's at the head and me out event.
It's so cute.
For item 32, I'd like to think walk, like walk, bike Berkeley for their advocacy for these issues and so much more in our community.
And finally, I have a couple of questions on item 23, and I'm wondering if I can ask the city manager a question.
Thank you.
A couple of questions 1st.
Do you know how much of the funding for this contract will come from the fire department? I don't have the exact breakdown, but we can certainly get that for you.
Okay, thank you so much.
I think.
I'm I'm appreciative of the fire department's commitment to the safety of our community.
And I also think that a redundancy of resources for non-life threatening resources and healthcare and social services are essential to our public safety, but I'm also concerned about a lack of communication between other public safety responses and the specialized care unit.
I'm on a broader level.
I'm also worried about the lack of integration into our 9, 1, 1 system.
And I know that this is a conversation, but just something I thought would be important to bring up right now and looking forward to continuing that program.
Thank you.
Really looking forward to working with both deputy city manager bellows and Paul Budenhagen moving forward.
And I think them both as well as our current city manager for their willingness to serve our city with such dedication.
Thank you so much.
And I will finally also be abstaining on item 33.
Thank you.
Okay.
Thank you.
Council member Bartlett.
Thank you.
And I'd like to briefly just.
Give my regards to Pacific center earlier in the night.
I used to host them at our cafe.
One of four organizations.
I'd like to.
Big number five, which is the parking benefit district.
A really novel piece of local financing, local finance that will help capture revenue and keep it in the community.
This has been a couple of years now we've been working on this.
So happy that a council has been chosen to devise the program.
Number 26.
Yes.
The 20th specialized care unit, really happy that.
Receiving more funds.
This, this, this approach that we are so proud of in the city.
And then number four, this.
This tablet command for mobile computer assistant dispatch.
And it's the command.
It looks like an interesting.
First step.
Into the evolution.
Is the evolution of our, of our dispatch system.
The more we embrace the systems, this computer says a dispatch, the more likely.
We can have a robust dispatch system that can incorporate.
The paramedic response.
SCU response, police response.
And more.
So very excited about that and we'll get into it when I'm well, thank you.
Okay.
Thank you, mayor.
I did want to make a comment about the Berkeley high parking item.
And thank you to my colleagues for putting that on the agenda because it is actually.
Very urgent, but I just wanted to.
Say to Berkeley high and BUSD that I'm sorry that the process has been bumpy.
And.
That.
I, and I know my colleagues on council.
Are committed to the path that allows Berkeley high and BUSD to save $25 million and not build a huge parking lot and in downtown parcel directly.
Across the street from Berkeley high school that.
I think both the BUSD board and.
The Berkeley city council are committed to.
And.
I think that the solution that we have in place now.
And it's going to be part of the city's plan to.
To save $25 million.
And to build a parking lot in downtown parcel directly across the street from Berkeley high school that.
I think both the BUSD board and.
The Berkeley city council has previously expressed that they did not think this was.
An optimal use of space or money.
And I think that.
The solution that we have in place now.
Is fair and.
It's going to be part of the city's plan to save $25 million.
Across the street from Berkeley high school that.
And it's going to be very supportive of our teachers and the.
And the staff who work directly with our youth.
And.
I do believe that our youth are not just the responsibility of the district.
They're also the responsibility of the city council.
And our schools need our support.
Our teachers need our support.
And I'm very pleased.
I do want to say that.
We have surmounted all of the.
Remaining issues and that nothing new will come up.
But I do want to say that if something were to come up.
I will be here to solve that problem.
And you can count on that.
I am committed to making sure that that this outcome.
Is met.
We do have a lot of new people in public works.
And they kind of inherited this project.
And have been very diligent and forthcoming.
In fact, it is because.
Of their work that we learned that there was another potential hurdle.
And I'm very grateful for them for alerting us to that and giving us the opportunity to.
To work with them.
At the staff level.
And so I just want to make sure to give a shout out to public works department.
They also worked with me to try and find a solution to this last challenge.
And again, I think everyone in the city manager's office.
As well, and the city attorney who has reviewed this.
So, thank you very much.
Thank you.
Okay.
Aside from continuing that item, do you have any other comments on the consent calendar? Thank you, Mr.
Mayor.
No additional comments.
Okay.
Thank you.
Okay.
So we'll now take public comment on the consent calendar.
So if anyone would like to address any of the items, those urgent items, we added to the agenda.
Or anything that's on our consent calendar now is the time.
Okay.
We'll go to speakers after consent.
Because that's because the budget is an action items on, on the consent calendar.
So once again, public comment on the consent calendar.
If anyone would like to speak on the consent calendar, please line up on this side of the room.
And we'll go to speakers on zoom as well.
I will speak to item number 28, the RDA.
I mean, I'm not sure how much of it is just data on paper.
We do need.
Extensive improvement in our mental health division.
The SCU.
Great having crisis response, but the, the system needs to be far better refined.
I know it's a fledgling program, but there's a lot to be done to improve the mental health system.
I know it's a fledgling program, but there's a lot to be done to improve this and have a much more comprehensive.
Crisis response system, including a Berkeley based crisis stabilization center, but it just is not working smoothly right now.
And so I look at this.
Amount of money.
And we always find money for our consultants.
So, we're not funding money for the actual CBOs that are providing the services and actually to what extent are those looked at carefully? Because there is a disparity and the quality of services that are provided by the CBOs.
But some of them work at very low salaries.
And they can't really have the stagnant salaries.
They need a cost of living increases increased.
And they need to be funded for it.
And they're not just like bats, but they're doing it for families.
They need to be funded for it.
Last.
Pacific center.
It's great to have words.
But we hope you can actually show them the money to provide the services.
They that they have applied for, because these are life saving services for many LGBT persons.
So, we hope you can show them the money to provide the services so that they can be both safe and the homeless shelters.
And instead they need to be facilitated and supported.
So that they can have.
Thank you.
Great.
Thank you, Dr.
Kelly and council members.
We are glad to see the council was able to act quickly.
Once you found out that the original original resolution from January was not going to be implemented as intended.
Today's resolution will resolve and allow our educators.
From Berkeley high to start the year off with the right foot.
Having the ability for some of our workers to partner their work site without getting parking tickets will improve morale, reduce turnover.
We want to thank the entire council and the mayor for prioritizing this item and supporting Berkeley schools.
Thank you.
Good evening.
How's everybody doing? Thank you so much for allowing us the opportunity to give feedback.
To counsel.
My name is Yvette holds.
I'm the founder of the.
Organization of black owned businesses.
And I'm also a board member of the Lauren business association.
And I'd like to read a letter that we just sent recently in support of item five.
On the consent calendar regarding the hiring of a marriage.
Act.
Honorable council folks.
Oh, let me get my glasses.
Hold on a second.
It'd be a long read without my glasses.
Honorable city council folks.
We are writing to express our support and gratitude regarding the recent effort.
And funding on behalf of the Lauren and Berkeley school district.
And I'd like to read a letter that we just sent recently in support of item five.
On the consent calendar regarding the hiring of a marriage.
Act.
Honorable council folks.
Oh, let me get my glasses.
Hold on a second.
It'd be a long read without my glasses.
Honorable city council folks.
We are writing to express our support and gratitude regarding the recent effort.
And funding on behalf of the Lauren and Gilman districts, developing business improvement district.
Supported by parking revenue or P bids.
This innovative approach to establishing a bid will direct much needed funding to our respective business districts in a way that doesn't tax our already challenged storefronts.
We are excited to announce that we have been selected as a consultant for volunteer energy.
Thanks in large part to Karen slaughter and the team at OED.
And last year's capacity building grant.
Thank you so much.
We are thrilled to learn a consultant has been selected and funding approved or is pending approved.
We believe the timing is excellent.
Given the imminent changes outlined in the Adeline corridor plan.
We are excited to announce that we have been selected and funding approved.
And we are thrilled to learn about the types of opportunities that some of our neighbor districts like Solano, North Shattuck.
Telegraph and downtown have been able to mature into.
On behalf of the residents and businesses in the Lauren.
We thank you ever so much.
We also encourage the support of the black rep in our district.
And I also want to say.
Thank you so much to.
The city staff for their support.
And to the city council members and.
Miss Bell is who's coming on board.
Thank you.
Hi, good evening.
Jennifer should ask you with the Berkeley unified school board.
I just want to thank.
The city council for their support.
And for identifying a solution to the parking.
Issues at Berkeley high and thanks to council.
And mayor again for agreeing to put the solution on the consent calendar and hopefully passing it shortly.
I also want to express while I'm here, my enthusiastic support for the junior jackets.
Thanks.
Good evening.
My name is Jeff.
I'm the director of the telegraph district.
And I'm pleased to be in this work with the event and the other business leaders in Berkeley.
Speaking on item number 8, the.
The TBI's annual report.
I just want to highlight quickly, some activity in the district.
And all organizations work.
As you know, for context.
We have and represent about 180 businesses and growing.
In the telegraph district.
And we have about 17 new businesses.
And 17 new businesses have opened in the last 12 months.
With 13 more on the way.
Of the active development projects that we have going on right now.
They're.
Estimated to bring in about 832 more residential units.
45,000 commercial square feet of new commercial square feet space.
And that's across 17 residential and mixed use.
And, of course.
What is.
Terribly important to our work and to serve in the communities are, is all the direct partnerships we have.
With several city departments from public works.
Office of economic development, civic arts.
The police department, land use planning, division, zero waste.
Neighborhood services and more.
We're we're able to help.
To implement nearly a dozen different public projects and initiatives.
Some of those include the 24, 7 public restroom project.
The utility box art project.
That's just recently getting started.
Durant quick build and curb management strategy on Durant.
Telegraph Plaza.
And more, but, of course, a key, the key element of our work is our ambassador team, which still provides 240 hours of cleaning and hospitality 7 days a week.
Their daily stewardship, they're managing a public realm that has.
Upwards of 10,000 pedestrians daily.
A team of 6, and they're doing great work.
So we really appreciate the partnerships and thank you for your ongoing support.
Thank you.
Good evening, mayor and city council members.
And especially I want to thank for.
Cecilia.
For saying almost exactly.
I'm a little bit confused by the, this pilot fire department, alternative medical response unit.
We already have a crisis team.
We have the and now is this the 1, especially tailored for the.
I'm a little bit confused as to where.
Half a dozen dozen people that were mentioned in the last.
Meeting about meeting the frequent flyers who show up all the time.
In the downtown business district is just with that particular.
Police responses, it's fire department.
I'm a little bit confused as to where.
Where this gets into all our other mental health department.
Our crisis intervention team.
I'm curious about that and then the 2nd area is the house.
I'm a little bit confused as to where.
That the city is doing.
The reimagining that was asked for by the city of Berkeley.
And producing the, so I hoping that will continue.
But then I came to item number 33.
And it's like.
Like, it seems like a, like a million dollars for police cars.
I'm a little bit confused as to why.
Why do we suddenly have.
Lots and lots of money for police.
Type responding or needs police needs and not for.
The people like the serving the people who are.
Thank you.
Thank you.
Okay, public this is public comments on the consent calendar.
Okay.
Hi.
I'm with the Lauren business association.
And what's the Ephesian children's center? What had been? We recently changed the name.
To big Oaks learning center and Greg Brown park.
But it's in support of the parking district for the district.
And also in support of black repertoire.
Thank you.
I'm with the city of Berkeley.
We have 20 extra for police cars over a million dollars.
There's plenty of police at Berkeley.
They have plenty of cars.
And that's just not, in my opinion, a good use of Berkeley funds.
Especially with so many people calling for a defunding of police.
These measures to show that we are not defending the police throughout the whole state.
Thank you.
Okay.
We have a couple of speakers on zoom.
Justin Smith on the consent calendar.
We should not be able to speak.
All right.
Good evening.
And thank you, mayor and council members.
First off, I like to acknowledge.
A city manager, D Williams.
Ridley for her, her experience.
For her leadership.
Over the countless number of years, the, the community.
She's been an asset to the community for many, many years.
So.
Thank you best wishes and hope all goes well with, with your future and so on.
And related to that, which is item 39, you know, I want to also support.
Latonya bellow.
Thank you.
I want to let her and everyone in the city know that we support her efforts for energy.
Going forward as the interim city manager.
I wish you the best.
We know she'll do well because she has done well.
And just, just applause or efforts.
Thank you.
Thank you.
We'll go next to.
Blair Beekman.
Hi, thank you.
I wanted to speak on items 31 to 34.
Protection item.
Yeah.
For police equipment and community safety ordinance annual report.
Thank you.
Thank you.
I hope the surveillance ordinance for yourselves is working out.
Well, Santa Clara county, which was the second.
Of all the things they work on and inventory with their tech.
Their April meeting.
Has a long list of items of tech.
That yourselves in Berkeley have a difficult time in wanting to inventory and put as a part of the ordinance.
Really look to Santa Clara county.
For ideas of that.
You can.
Yes, you can.
Add a lot of tech.
To the ordinance and it's okay.
We should be working towards a future where we can inventory everything.
I hope you can work towards that.
With that said in my remaining time.
Thank you that you're practicing.
Thank you that you're practicing whistleblower protections.
That's really vitally important stuff.
Thank you for those efforts.
And good luck on overall practices of accountability.
And one more thing, public safety is important.
Thank you.
And thank you to the new supervisor.
We don't need half as much tech as we place in our local seeds.
As we do.
Half the tech does the same amount as, as what you currently want.
And thank you to the new supervisor or to the new.
Council person who we can work to, to question the future of tech and not just automatically placed tech.
Thank you.
Okay, we'll go next to the collar with the number ending four zero five.
Okay.
Call up the number any four zero five.
Okay.
They should be able to speak, but we cannot hear them.
Okay.
Thank you.
So.
For one.
Yeah, I'm glad to see that there's a reappointment for Monica Jones.
I did appoint her to the commission when I was on council.
So that's great.
The whistleblower is great.
That's great.
I'm glad that it's coming back.
Wonder what that's about.
Hope.
It's not to continue the status quo.
Because we need changes.
To that and yeah.
Thank you for your service.
City manager.
But I'm also curious as to the.
I know at the time I thought it was $800,000 that the city gave you And I'm curious as to where that line item is and how much you paid back.
And if you'll pay that back.
And as I said earlier, please respond to my email.
That I sent to the city attorney as well as city manager and deputy city manager.
Because that's pending and I need to get back and know what, what the status of that is.
I'm curious as to where that line item is.
I do not.
Purchase $1 million in police cars that could be much better used.
And.
I don't know.
I haven't read the item, but.
Are they electric cars? I don't think so.
Tesla provided.
I think it was like union city or some other city.
In the bay with.
Or brand new.
I don't know.
I don't know.
Why are we spending a million dollars? Why are we spending a million dollars? Like.
And they should be electric.
And yes, good, good for whistleblowing.
I can't think of the word.
I want to use measures to protect them.
And free Palestine.
Passive resolution.
And the.
Okay.
Good evening again.
Quickly.
I don't have the full item in front of me either, but the concept of the police vehicles purchased.
They should be either hybrid or electric.
There are other cities who have obtained all of their new vehicles.
That must meet climate crisis goals.
And are these consistent with our goals in the city of Berkeley? Yes.
I think that all vehicles when purchased should meet climate goals, which would be not having carbon polluting.
Vehicles.
And the Lauren district I'd like to support the comments made by earlier.
Members of the community.
The black community in Berkeley used to be one of the largest in the country.
Is now shrunk by gentrification to a very small number.
So I would like to support the comments made by members of the community.
Thank you for your service to our community.
Thank you for your service to our schools, safe jobs, safe physical and mental health.
Thank you for your service and please keep Berkeley.
Berkeley.
And all our values.
Thank you.
Thank you.
Okay.
See no additional speakers on the consent calendar.
We'll close a public comment on the consent calendar.
I'll move.
That we approve the consent calendar as amended.
Second.
Colleagues, any additional comments? Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Okay.
Okay.
The consent count is approved.
So we're not moving the action calendar.
And on our agenda.
We have the opportunity to speak now.
We have anyone who would like to speak on item 25.
The FYI, 25, 26 proposed budget.
The opportunity to speak now.

Segment 4

I'm going to go over the agenda.
I know we have a number of young people here, so we want to go to the young people first, and then we'll take public comments on the budget for anyone who would like to speak at this time, and given the anticipated number of speakers, we will allot one minute per speaker, but you can yield time for a maximum of four minutes per speaker.
So, if anyone would like to speak on the budget, this is your opportunity to speak now, and who would like to start? How are you guys doing? All the council members, city manager D, we're going to miss you.
Latonya, I know you're going to do a great job.
You guys doing a wonderful job.
We just want to speak on a matter right now.
I represent and I speak for the black rep right now.
So, please find the black rep, because they are a landmark in Berkeley, California, just as well as the Berkeley Junior Jackets.
We've been around for 54 years, and we do not want to move out of Berkeley or get priced out like the housing and everybody else with genderfication.
We're a program that's been here for the longest, 54 years.
We asked for you guys to support us.
We lost the Berkeley Bears before because they was priced out of Berkeley, couldn't afford to field or anything.
It was 32% of blacks in Berkeley in the 70s, 80s, 90s, now it's only 8%.
Please support us and please support our program.
We're going to have a lot of young folks come up to represent our organization.
I'd like to refer this to the city manager.
Hi, I'm Camden Jones.
Nice to see you again.
I'm representing district 2 and I'm speaking in support of agenda item 42.
Where we do the jackets and chair program.
Thank you.
Hi, I'm Tamiya Logan.
I chaired for the Junior Jackets back in 2016.
I believe the Berkeley Junior Jackets is an amazing organization and honestly, just a really big family.
When I joined the team, I was welcomed with open arms and love.
Everyone was really kind and supporting and accepting.
The Junior Jackets gave me something to look forward to after a long day of school, the fun activities, games and parties.
Junior Jackets gives everyone a chance to come together and bond and make the best memories.
Please support the Junior Jackets.
Thank you for your time.
Hi, my name is Tamiya.
Hi, my name is Tamiya Logan.
I have been a part of the Berkeley Junior Jackets chair and football family for 7 years.
I was the 1st girl in the program to play football and through my experience, I learned a lot about.
My experience as a cheerleader taught me to be a better team team player and I have.
Competed spirit, please support the Junior Jackets as it benefits the youth in the community.
Thank you for your time.
Hello, my name is.
Hello, my name is Tamiya Logan.
I have been with the Junior Jackets since I was 5 years old and we need your support.
Help us with resources to extend our opportunities in our sports.
Thank you.
Good afternoon council.
This is a father and son, Nigel and Patrick Davis.
We are long citizen, long standing citizens of Berkeley, and we want you guys to support the Berkeley Junior Jackets.
It is great for me and Nigel to have a community and mentorship and.
Just an outreach point of family that we can continue to for you guys to support because we love the Junior Jackets that my son really does love playing for me, even though he doesn't look like it.
But this is 1 of his favorite things to do.
So thank you.
Hi, my name is Javion.
Hi, my name is Amir Edmonds and Junior Jackets help support me throughout like school, things like that.
They help us out of school and they keep us, you know, they make sure we have good grades.
They keep us straight.
Make sure we're staying out of trouble.
And they're like my family.
Hi, my name is Zari.
My name is Javion.
My name is Amir Edmonds and Junior Jackets help support me throughout like school, things like that.
They help us out of school and they keep us, you know, they make sure we have good grades.
They keep us straight.
Make sure we're staying out of trouble.
And they're like my family.
And they just support me with everything I do.
Thank you.
Hi, my name is Zari.
My name is Zari and the importance of, it's important for the city to support Berkeley Junior Jackets because with the city's help, the lower income, sorry, the lower income children can have more experience.
I mean, sorry.
The city can help the Berkeley Junior Jackets and give us extra donations and can help me and can benefit us and help us.
Sorry.
Hi, my name is Mignon and it is important for the city to support Berkeley Junior Jackets because it builds self esteem and promotes confidence in the development of good life skills.
I benefit from the Junior Jackets because I, even though I just started, I already feel welcome.
And I have built meaning and through youth programs, I have built meaningful relationships with people.
Thank you.
Good evening, Mayor Aragon and council members.
My name is Vernon Royal.
I grew up here in Berkeley.
I was one of the part of the first busing being bused from the Flatlands up to the heels out to school with Kamala Harris.
She's a year younger than me, a thousand.
We had programs back then called Berkeley Youth Baseball Association, which was a program designed for kids to play baseball, kids to play basketball, different sports and things of this nature.
I grew up in Berkeley, as I said, I worked for the city of Berkeley Parks and Recreation Department for 30 years.
You know, for these young people, and it's not fair to them.
It's not fair to the city of Berkeley.
Some of the greatest athletes in the world came out of this city.
And, you know, these kids are the same opportunity.
You know, we, as a community should back these young people be there for them like they work for us.
I still love Berkeley, but I don't live here any longer, but I'm supporting this organization.
I'm a board member.
Mr.
Grayson used to be one of my athletes.
So thank you for your time and God bless you.
My name is Norman Franklin.
I'm the vice president of the Junior Jackets.
I'm a Berkeley.
I grew up in Berkeley.
I've been in Berkeley my whole life, went to every school from kindergarten all the way to high school in Berkeley.
I'm a true believer in the Berkeley Junior Jackets.
I'm also a product of the 50 year team that's been around for 50 plus years.
35 years ago, I played for the same organization, Come Back to Help Out.
I believe in one thing, and everybody should believe in one thing, the foundation, the relationship, this house, I mean, this building, everything is built on foundation and the future.
The future sits right there with these kids right here, the foundation.
One day they're going to be mayor, city councilman, police officer, coaches and vice presidents.
Without your help, it's going to diminish that.
All we ask that you do, what is honorable of you, is support the youth and the foundation and the future of Berkeley.
Thank you.
My name is Lonnie Watkins.
I am a Berkeley native.
I've gone to all Berkeley schools, just like my daughter here, and Berkeley is totally different from when I grew up.
Just like the lady said about the meanness of the campaigns, you feel that when you walk down the streets, the people aren't friendly.
It's even hard to drive down the streets with all these barricades you guys have funded to put throughout Martin Luther King and the other schools, excuse me, the other streets.
The budget just talked about a million dollars for cars.
I heard two salaries over 400,000.
I've heard bark and meow donations.
My children, our children of the community, they need donations.
As a mom, most of these kids are getting free lunch.
They're asking for almost $800 for us to pay for them to support a sport and get any physical activity.
A lot of us cannot afford that.
As someone who is a full-time city and county employee, I can't even afford it.
My kids don't qualify for a free lunch.
It's very hard for kids to do anything within the city of Berkeley, whether it's an after-school program, they're too expensive, a summer program, they're too expensive.
Please find it somehow in all your budgets to support these children.
We don't want to be priced out and gentrified out the way I was and my family was.
Please allow these kids to have some funding and some opportunities to play.
Hi, my name is Reginald Bess.
I'm with my grandbaby, Somaya Bess.
I have been a resident of the Berkeley Unified for the last 29 years by way of Florida, by way of the military.
I've been in this district a long time.
My grandbaby has been going to school here.
Now she's in the fourth grade.
She's been a part of the Berkeley Junior Jackets for the last two years.
Our program has done really well for her.
She likes it.
You may have got a letter across your desk, a handwritten letter that was from she and I.
We sent that in.
We said, can we just get a little bit of the attention? I know you read it probably the first time you got a handwritten letter, but we really want to make sure that we get the attention that this program does well for these kids.
It's like 100 or so kids, scholarships, any kind of way to support the kids and the parents that can't afford it like us.
A scholarship really makes a difference in getting the kids up doing something that really helps them.
You look forward to doing something on weekends or going cheering.
She likes it, hopping around the house all the time.
She loves it.
So if we can just get some kind of support for the kids, it really would make a difference for us and we appreciate it a lot.
Thank you so much.
Hi, my name is Silvana Jones.
Hello, my name is Sophina Jones.
I am an academic counselor at Berkeley Technology Academy, where I see a lot of the potential that may have been lost by not being involved in programs like this.
Hello, my name is Sophina Jones.
I am an academic counselor at Berkeley Technology Academy, where I see a lot of the potential that may have been lost by not being involved in programming as a youth.
I'm here to ask for support for the Berkeley Junior Jackets as now my children are not a part of the program and we don't want to see these children who are participating in this program to be lost by not being involved in programming.
I'm here to ask for support for the Berkeley Junior Jackets as now my children are not a part of the program and we don't want to see these children who are participating in this program to be lost by not having extracurricular activities available to them.
So if the council could please see fit to fund the Berkeley Junior Jackets, that would be amazing to the families who need it, and especially families who aren't able to afford it.
So with that, I'm going to turn it back over to Lynn.
Thank you so much.
Thank you.
Hi, good evening.
My name is Lynn and I'm one of the co-founders of Young Lives Matter and the Berkeley Junior Jackets.
And I want to thank you to Councilman Terry Chaplin for co-sponsoring the bill with Ben Breitler.
And I want to thank you for Mayor Jesse Argen for coming to our very first practice eight years ago.
And I just want to say it's important that we get the help because even though we are a nonprofit organization, people don't do things for us at a nonprofit rate.
So it's like everything that we have to do, people don't understand how much it takes and how much it costs to be at the school at Berkeley High and all the other things that we need for the kids.
And like, you know, we try to do what we can.
Like, personally, a lot of the coaches personally sponsored children that can't afford it because we don't want to turn anyone away.
So and we just thank you and we hope everyone supports the bill.
Thank you.
Hi, my name is Maurice Harrison.
I've been coaching for 25 years, representing the city of Berkeley.
I used to be a part of the Flaming Fire Drill Team where y'all donated to us and we used to get uniforms.
We got to go across the world, got to do things.
We understand that the world wasn't so small because y'all gave us money.
When y'all gave us money, now I give it back to them.
I've been coaching with kids.
I've been with the national.
I take my kids out of this small box.
My kids go to college.
They come back and come back and get into community.
They turn their life around.
They come back and help people out.
If y'all didn't give me the money, I wouldn't do the same thing to them.
You touched me and I touched them.
Help me like you helped them.
Thank you.
Hello.
Good evening.
I'm a parent with the Berkeley Junior Jackets and my son been on the team since he was six.
We really need the support for our kids.
Like everybody said, it's like a family and they support us and we just need the help.
My name's Esmadid Abreja and my son.
We've been supporting the Berkeley Junior Jackets since 2018 and my son started playing in 2019.
And I stand before you today to express the need for the support for the Junior Jackets football team.
The team is more than just a group of athletes.
It's a pillar for our community, fostering teamwork, discipline and a sense of belonging among the youth.
Supporting the Junior Jackets is investing in the future of Berkeley.
The young players gain valuable life skills such as leadership, perseverance and dedication throughout their involvement in football.
They learn the importance of working together towards a common goal, lessons that will serve them well throughout life.
However, to continue to provide the opportunities the Junior Jackets need to support adequate funding is essential for securing safe equipment, maintaining practice facilities and assuring that all interested youth, regardless of the economic background, have a chance to participate.
So by supporting the Berkeley Junior Jackets, we are not supporting just a sports team, but also fostering a stronger, more united community.
And we're giving our children the tools that they need to succeed both on the field and then off the field.
Giving them a positive impact.
So we just want to support the Junior Jackets.
Thank you.
Hi, my name is Nawanda Jones.
I'm in District 2.
I'm here to support the Berkeley Junior Jackets.
I'm a board member.
You heard from my son, Kim, this time and last time.
My family has been in Berkeley since the 40s.
My dad graduated from Berkeley in 1957.
I moved to Berkeley in 2002.
So I am deeply rooted in Berkeley.
This organization is very important.
We are raising, we talked about Sophie Holmes.
I'm raising a Renaissance kid.
I want him to be able to do so many things.
Him speaking at places like this and going to see different things is very important.
I want these kids to be able to have their minds open to just different parts of the world.
It's not about football.
It's not about cheer.
My kid is the only child.
So this is the only time he gets to really outside of school, interact with other people and have a brotherhood.
So we really ask that you support us.
Hello, my name is Reverend Angela Jernigan.
I'm a chaplain for the Young Lives Matter Foundation and the Berkeley Junior Jackets.
And I also play a role as an advocate and an advisor for the organization.
I'm also the co-chair of the Berkeley Faith and Justice Coalition, which Young Lives Matter is one of 10 South and West Berkeley organizations that have come together.
Many of you were at the town hall a couple of weeks ago.
So raising the capacity of grassroots leaders to be able to do what only they can do, which is serve the young people in our community.
This is what Young Lives Matter is doing, what Berkeley Junior Jackets is doing.
And we at the Berkeley Faith and Justice Coalition are wanting to partner with Young Lives Matter and other grassroots organizations that are serving our young people and our young adults to help raise their capacity so that they can apply for funding so that they can do what they do even better.
So I'm sending around a one pager about a budget request that Sophie Hahn has offered with Ben Bartlett for capacity building in the community.
So I'll let you read about it.
Thank you so much.
Hello, I've been with the Berkeley Junior Jackets since they started.
You can see my five kids been a part of it, my husband's been a coach, and I'm the certification coordinator.
So I would ask you guys to support us because we try to support all the kids we can, and we don't want to turn nobody away.
But it's hard without a funding, and I would like to pass my remaining time to him.
Thank you.
Good evening, board members.
I would just like to say you heard from everybody in my Berkeley Junior Jackets family.
Need I say more, so to speak? I'm just really astonished that the salary that you council members get, if that's what I've heard correctly, I'm pretty sure everybody heard that as well.
If that's really true, if that's really true, you mean to tell me you can't support the people, the theater, and the Junior Jackets, and everybody else that's coming up here asking for support and money? I mean, it's enough said that, I mean, I think I'm in the wrong business.
But when I look back, I'm really in the right business because I care about the youth.
So please support the Junior Jackets.
That wasn't me asking, that was a demand.
Thank you.
Before we go to the next speaker, once again, this is a public comment period for anyone who'd like to speak on item 46, the FY 25-26 proposed budget, and a capital improvement program.
You can either speak now, or you can wait until later on in the agenda when we get to that item.
But this is an opportunity to speak on item 46 if you would like to.
So if you'd like to speak, please line up on this side of the room.
Thank you.
Hi, I'm old, so I can't speak, talk anymore.
So what I did, I took the liberty of emailing you most of my statements so that you have that.
So one, we want to definitely say how much we appreciate the school, I mean, the school city council supporting us for over 48 years, something the school district has never done until last year.
When you talk about programs for kids, we are a free program for kids, and we are a free service for parents.
When parents have food insecurities, we get them food.
When parents have legal issues, we get them legal support, translation support.
We work with all the obstacles that prevent a child from being present in school.
One of the biggest things that we're working right now is mental health.
So I'm just going to share with that, if I can pass these books to, I guess, a few of the council members that didn't get these books.
When we came back from COVID, mental health was a big issue.
And so we, if you can imagine this on a non-school day that we work with kids from 12 to 3, 3 hours, teenagers, no cell phones out, not one single cell phone out.
We feed them really well.
They all have Chromebooks.
I'm done, huh? Can just wrap up your comments.
They all have Chromebooks, and during that time, they answer sensitive questions that they can't say out loud.
During this time, kids share their trauma.
So I want to share with you these books.
These are some of the stories of the kids sharing their trauma.
So you can see an example of our work.
Please support the continuation of our work.
And I think four of them.
Thank you, Ms.
Petty.
As we go to the next speaker, I need to take a quick break.
So Vice Mayor Weingraf will briefly chair.
Next speaker, please.
Hi.
Thank you, city council members.
My name is Robin Dolan.
I'm from the Aurora Theater.
And I'm here because we're on the budget.
And I just want to say theater is important.
Theater teaches us empathy and understanding of other people.
And part of our mission is to share the stories of all the people in our wide Brooklyn community.
And I also want to say go for the Black Repertory Theater, too, because the arts are not in competition.
All of our stories and all of our arts organizations are valued.
Aurora is struggling since the pandemic.
Our attendance has down 50 to two-thirds percent.
We are at real risk of closing.
We had a fundraiser this weekend of historical donors.
And I was so moved by hearing our current artistic director and our prior artistic director talking about the value of our theater and our history.
So we are so grateful for you adding us to the budget for discussion.
And we hope that you will vote to sustain your organization.
Thank you so much.
Thank you.
Next speaker, please.
Hi.
I want to first call on this council to publicly call for an end to the ongoing genocide in Gaza that is supported by the U.S., funded by the U.S., and armed by the U.S.
I would secondly like to echo the calls for support from Black Repertory Theater, because as Robin said, the arts are not in competition with each other.
I would like to cede the rest of my time to Josh from Aurora Theater.
Hello again, city council members.
I want to thank you again for including funding for Aurora Theater Company emergency funding in the proposals to be considered for the budget.
And I want to encourage you to do that.
I'm Josh Costello.
I'm the artistic director of Aurora Theater Company.
I also lend our voice in support of Black Repertory Theater.
Aurora is a celebrated and beloved arts institution with a 32-year history in Berkeley.
We bring thousands of people to the downtown Berkeley Arts District.
We're home to wonderful local professional artists.
And we have a growing national profile, and thanks in part to Eureka Day, a play that we developed, commissioned, reared, that is opening on Broadway in December.
It's a play about the city of Berkeley.
And it's going to bring a lot of attention.
Attendance and income are still down from the pandemic.
Expenses are up.
We need more time to rebuild our audience, rebuild our income, and restructure as needed to face our new reality.
There's been an outpouring of support from this community for Aurora Theater Company.
It's been really moving.
I'm really humbled by it.
Hundreds of small donors, over 1,700 signatures on our petition to you to encourage this emergency funding.
The most likely scenario right now, we're looking at all kinds of different scenarios.
But the most likely scenario right now is that this funding from the city of Berkeley will be the difference between Aurora shutting down this summer or continuing with our 2024-2025 season that we have lined up.
So I strongly encourage you to keep Aurora Theater Company alive, making intimate, inclusive, inspiring theater for the city of Berkeley for a long time to come.
Thank you so much.
Good evening, mayor and council members.
I'm Tracy Parent.
I'm the organizational director with the Bay Area Community Land Trust.
I want to thank the council for recommending funding to the Small Sites Program and the Land Trust's Capacity Building Grant in this new budget cycle.
The Small Sites Program is a unique and sharp tool that not only prevents the displacement of existing Berkeley residents, but also brings permanently affordable housing units into the city's portfolio faster and at a lower cost than new construction.
According to a recent report by California Housing Partnership, although we have strong rent control laws, Berkeley has lost over 750 units that were affordable to low-income households in just the past four years.
Fewer than 7,000 naturally affordable homes are remaining, and over 1,000 are currently at risk of being lost.
Most of these homes are in small and mid-sized multifamily apartment buildings.
We can't afford to wait another year.
We must act to preserve these homes and the residents living in them before they are lost, and the Small Sites Program is a tool to do that.
And tonight, you'll hear from a number of Berkeley residents who represent the small sites that are at risk and need city support.
Thank you.
Hi, my name's Catherine Day.
I'm a school site Berkeley trained.
I live in Berkeley.
My son lives in Berkeley as well.
I've been here for over 20 years.
I'm asking council members to approve the funding for the Small Site Program because the owner of my five-unit apartment building in Elmwood might well want to sell in the next year.
I'm afraid a new owner will turn the apartments into expensive short-term rental units and will miss an opportunity to create stable and affordable housing in the Elmwood.
So please do appreciate these budget items.
Thank you so much for your listening.
Good evening, everyone.
My name is Aisha Williams-Islam.
I have been a resident in Berkeley for the past six years with my husband, two of my children.
I come here today to ask you to approve funding for the Small Sites Program.
We currently pay a very affordable rent in the 12-unit building that we live in.
Our owner passed away, and when that happened, the possibility of the rent being raised and becoming unaffordable became real.
We ask or I ask that you approve the Small Sites Program so that the rent can stay affordable, so it can be affordable to us.
The land trust is going to buy or is trying to buy our building and help us with that building.
So we ask that you support the Small Sites Program and please approve this budget item.
Thank you.
Hi, my name is Bridget Cooper, and I'm also here to talk about the Small Sites Program.
I've been living in District 3 in Berkeley for 11 years.
I want to ask the council members to approve the funding for the Small Sites Program because the owner of our 12-unit building died.
The owner kept the building for low-income and people of color in Berkeley since it was built in 1963, and it has been a staple in the neighborhood.
And now the building is going to be sold on the market.
We just heard earlier about how the black community is dwindling in Berkeley over the years.

Segment 5

We, if we're not able to get this funding, then you're going to probably use 26 more black people or people of color out of Berkeley, because there's no way we can afford to actually live here.
Currently, we pay, I pay a very affordable rent, and I'm 100% sure that a new owner would try to squeeze us out in an effort to increase rent.
The Landon Trust is trying to buy our building, and we really, really need a program to make this work.
I beg you to please approve the budget item.
Thank you for your time and attention.
Good evening, I'm Mary McDonald in my 34 years as a resident in Berkeley, I've watched housing costs just skyrocket to the point that only the most privileged of our community can afford to live here.
I'm also the president of the board for the Bay Area Community Land Trust, and I'm asking you to support the full funding of the small sites program and our capacity building grant.
Since its inception, the small sites program has enabled the preservation of low income housing at several properties at a much lower cost than new construction.
This enables residents to stay in the homes and the neighborhoods they love, contributing also to stable neighborhoods.
Funding this program will contribute to housing security for some of our most vulnerable community members, something that is increasingly out of reach as rents and housing prices skyrocket.
So please support the small sites program.
Thank you.
Hi, my name is Regina.
I live in 1 of the properties of the Bay Area Community Land Trust.
I have lived in Berkeley for 9 years.
I've lived in the East Bay for over 35 years.
I've lived in the East Bay for over 30 years and I can tell you that I've experienced housing crisis in a very, very sunk in alarming ways.
If I was not a resident of the resident managed.
Property of the Bay Area Community Land Trust, I and my son would not be able to afford rent here.
I have been a home owner and I've lost my property during the.
I've lost my property, not only to housing crisis, but to home ownership and I am here to ask for your support for the annual capacity grant for the land trust and for the small sites program.
Thank you very much.
Good evening, mayor and members of the city council.
I'm Steve Barton.
I'm on the board of the Bay Area Community Land Trust.
Last time I was here, I talked about the importance of acquiring small apartment buildings that are scattered throughout most of Berkeley's residential neighborhoods in order to preserve the city's diversity.
Don't comfort yourself with the idea that, oh, we have rent control, so those tenants are protected.
We recently acquired a building on Solano Avenue, 13 units.
The speculative new owners began work as apartments vacated, systematically making life hell for the tenants that live there, making everything as difficult as possible.
And by the time they almost went bankrupt and we were able to acquire the building from them, only three out of the 13 original tenants were still there and able to hang in there.
So, please support the small sites program.
Hello, my name is Sadiq.
I am speaking to you in regards to the small site program.
We can't say what's definitely going to happen if somebody else buys it, but I can tell you for sure what's happening now.
It's a community of neighbors.
It's a community of family.
Everybody works.
Our children work.
There are no problems in that apartment building.
You can't say that that's what you're going to get for sure if this is not supported.
As the gentleman just spoke and said, there's something that happened in another 13-unit building that had a drastic change, and we don't know what's going to happen, but we do know what's happening now.
What's happening now is you have community, you have family, you have a place that you could not only afford to live in, but you can be a neighbor.
I've experienced that myself.
I appreciate that.
I hope that you can learn to appreciate that, too, and support this program.
Thank you.
Next speaker is Ronnie Robinson, and he's going to speak to us about the small site program.
Hello, my name is Ronnie Robinson.
I live in apartment 3 in District 3, Berkeley, California, 2627 California Street.
My name is Ronnie Robinson.
I live in apartment 3 in District 3, Berkeley, California, 2627 California Street.
I was looking on my phone here.
I've been a resident of Berkeley since I was born in 1975.
I lived at 1615 Francisco Street.
My family lived here.
My mom and my dad were born here.
I moved into this apartment with nowhere to go.
I didn't know how I was going to survive in Berkeley.
My kid was being born.
I didn't know where I was going to be living 50 miles from here or in another state.
I was put up in this apartment because the owner of the building wanted people from this town to remain here as we were all being pushed out.
People that look like me, people that sound like me, people that talk like you were all disappearing.
I do not want to become a memory.
I hope that you would fund this, and thank you for your time.
Goodbye.
Hello, staff and councilman.
I'm Eric Brown.
I've been staying in apartment 2 for over 13 years.
I want to thank you in advance for even giving us a look.
We just need your help.
That's all I'm going to say.
We need your help.
I'm retired.
I don't work no more.
I'm disabled.
I'm on a fixed income.
Take that into consideration.
We've got a lot of older people that don't want to be moved around.
I'm saying this sincerely.
We need your help.
Thank you.
Thank you.
My name is Merrill Wormsley.
Just like the people that spoke before me, we've all been at 2627 for several years.
I've been there for eight.
The only reason I'm up here is because my wife had other obligations.
She's going to one of our guard sons' graduation today.
What I would like to say is that the people that spoke before me, I didn't know them before we moved there.
We've been there for eight years, but we've become family.
We look out for each other, and I hope and pray that you guys could see it in your heart to keep families together.
We are not family biologically, but we are family.
Thank you.
Thank you for your time.
Thank you.
My name is Justin Brown.
My name is Justin Brown.
My name is Justin Brown.
The reason I'm here is pretty much just echoing the sentiment of what my fellow tenants or constituents residents have said of 2627 California Street.
As a Berkeley native, I would like to stay a Berkeley native, have the cost of living to be what it is because otherwise, from what I'm seeing as a Berkeley native, I see my Berkeley starting to turn to Silicon Valley.
I would like to stay a Berkeley native, have the cost of living to be what it is because otherwise, from what I'm seeing as a Berkeley native, I see my family with a big heart and we are looking for that Disney fairytale ending here, so I hope that my Disney heart reaches your Disney heart, and we can make this a dream come true, a whole new world, right? Thank you.
Thank you.
Thank you.
I'm one of those older people who was talking about earlier.
It lives in 2627 California Street.
I think I've been there.
Probably about 1920 years.
I knew the previous owners of the owners, their parents.
I grew up in Berkeley.
Lincoln.
We need to fund this.
I say we because the money is some of my money.
So we need to fund this.
It's, it's one of the solutions that we can use for housing.
It's not the solution.
It's just one of the solutions.
We need to look at it like that.
And maybe possibly expand upon it.
We need to fund this program.
We also need to fund the Black Repertory Theater.
I think when they first opened I had a friend who wrote, I believe, who wrote a play, and, and performed it in that in that theater so that's like an 80s and 90s.
So it needs to be funded.
So, we need to fund this.
Spend some of the money on us.
Good evening, everyone.
My name is Bernadette.
And I'm here to ask you individually and collectively as the council members to support the small sites program, and the barrier for me to lunch was capacity building grant.
This housing model prevents displacement of longtime Berkeley residents.
And it's also racially, like makes it more racially equitable, because, as you all know, black residents have been dispatched fortunately displaced from Berkeley.
As I speak to you now, it breaks my heart, every time I see on the streets of Berkeley teachers who thought our children in the Berkeley schools who are on house.
I see young people who are on house as I speak to you right now, every single week when I go out to deliver stuff to them.
I see them people who want to break the parties at their house with their grandmothers.
I see young people who want to break the parties at their house with their grandmothers.
I see them people who want to talk to be on the streets.
There's no reason for the black folks in Berkeley to constantly be displaced.
I'm asking you pleading for you to support this.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
So, thanks for that.
I'm going to ask the commission and this test of women's recommendation on the public safety, which included the safety escorts.
There was a statement that this would go to the budget process.
I'm going to ask the commission to consult with us at the April meeting to identify what should be prioritized.
And they are also coming has is the gender based violence individuals also came in April staff rather, and we'll be returning also in September.
So hoping that at least this is going to the budget process on a phased basis.
Priority wise.
They have a BPG has identified that the highest incidence towards crime against women and older persons is in the downtown area.
And so, that would be good going and also the expansion going, but make sure that's a phased approach so that the entire city will be served in future budget processes.
Thank you.
Thank you.
Thank you.
Thank you.
Okay.
Once again, our rules prescribe that we have an initial public comment period on action items, the public hearings.
We take the public comment and public hearing separately.
So, we are taking public comment item 46 at this time.
So, if you have any questions, please feel free to reach out to us.
And we will be happy to answer any questions that you may have.
And we need to take a caption a break.
So, former counselor Davila.
Thank you.
Yes, please find the junior jackets and all lives matter.
All of these programs.
You know, if you're really about.
Invest in the community, invest in the children.
They are a future.
And, you know, thank you to the families who showed up tonight.
It was beautiful to see all the black families by pop families.
And their children are so beautiful and well spoken.
And we really need to invest in the youth.
I think that's a great point.
The youth in our community are being mentored.
They're given after school.
Something to do.
And that's constructive.
It creates family.
Other people that they can go to for advice.
And, you know, I just want to say thank you to all of the families.
We were able to have before the council.
And support the small sites.
It was also beautiful to see all those family.
That needs your help to stay in Berkeley.
32%.
44.
5% now less than 8%.
Less than 7%.
Come on now.
Keep us here.
Thank you.
All right.
I just wanted to offer an overall.
Thanks.
Yeah.
For this item.
You work.
We're working on the city budget for the following 20, 2025 and 26.
Distress again.
You know, I think there's.
There needs to be a real importance that.
You know, as we work.
As we need public safety.
We should be at a time to start to better consider that we don't always need all the technology involved.
And it's important that.
It's just an important concept of how we define our budget.
For instance, with the police vehicles, we're at a million dollars for 20 vehicles.
We could be doing, you know, Just five vehicles.
A year.
We could be doing 20 vehicles a year.
And it's just an important concept of how we.
You know, define our budget for the following 20, 20, 2025 and 26.
And it's just an important concept of how we define our budget for the future.
And it's just an important subject.
So thanks for your time.
I really hope you can consider a budget for the future.
But think of technology as accountability.
And not as we have to have.
Thank you.
Our next speaker is Jasmine.
Followed by Dana Belcher.
Can you hear me? Hi, everyone.
My name is Jasmine Sozi and I'm a staff member at the East bay community law center.
As well as a board member at the Bay area community land trust.
I'm here tonight to urge your support for the budget referral item on the small sites program and barrier community land trust trust capacity, building funds.
Supporting these initiatives.
It means taking real action to stand with our low-income community members.
By approving this year's fiscal budget and directing funds to these programs, you'll be investing in a key.
To ensure that the community is not left behind.
The city's housing element has already helped over 25 residents remain housed in the past two years.
And continues to receive requests.
To support tenants.
Who are worried about being evicted regularly.
This is a racial justice and racial equity issue.
71% of Burke black Berkeley is being low income.
And renters, according to the city's housing element.
We must pass legislation that is inclusive and representative of all of our community members.
I'm here tonight to urge your support for the small sites program and barrier community land trust trust capacity building fund.
You heard from a black resident earlier mentioned that he doesn't want to become a memory.
Well, you have the power to ensure that that doesn't happen.
On the small sites program and continue funding for BACLT.
Capacity building.
As well as I want to show support for black rep.
And the Berkeley junior jackets and support black and Brown youth.
And finally, I asked that you publicly call for a ceasefire.
Thank you very much.
Thank you.
Thank you.
Dana, you should not be able to speak.
Good evening, mayor and council.
Dana Blecker chair of the civic arts commission and chair of the grant subcommittee.
Thank you for your continued support of the civic arts commission and our grants program and public art projects.
I'm disappointed to see that the festival grant allocation went down again in the proposed two year budget.
So I wonder if you can address that.
What is the process mayor Ergin? Thank you for contributing funds last year to raise our festival grants allocation to 200,000.
And able.
To support 31 festivals.
I'm asking that.
You and council restore the festival grants allocation this year to 200,000 and requests.
Moving forward, the annual budget allocation is set at 200,000 at our main meeting, which will be at the end of this year.
And we are investing over 1 million in much needed funding for ADA and capital improvements.
I am advocating for you to renew our capital project grants program, which was a referral from council for us to create.
With 300,000 to be dispersed in fiscal year 26.
Thank you.
Thank you.
We'll go next to Cameron roof.
I'll buy Chris Schilt.
Good evening council.
Good evening.
My name is Cameron.
I am a long-time homeowner living in Berkeley.
We thank the council for the long-time support of the arts.
And I urge you to continue to do so tonight.
We're backing the following.
Please maintain the budget.
Level.
At 200,000 for festival grants.
This is the lifeblood of community arts and investment in so many important sectors in Berkeley.
And I urge you to continue to do so.
And I urge you to support the arts commission processes.
Fair and equitable way.
Distribute funds into community arts programs.
And also ask you to reinstate the capital grants funding as Dana's mentioned, these programs are a result of dire need and keeping Berkeley arts programs alive and well.
And the capital grants enable Berkeley arts.
Organizations to make their performance more accessible to more people.
Thank you.
Thank you.
I think it's a bad idea.
Too many.
In one.
On our agenda.
We do need to move to the next speaker.
Chris shell.
This is comments on the budget.
Item 26.
Chris shell followed by in T Fernandez.
Thank you, mayor members of the city council.
Chris Shelton speaking tonight as chair of the board of the Berkeley housing authority.
I just wanted to say thank you to all of the members of the city council.
For being here to speak tonight in support of the small sites program, which we've seen has been an proven effective program.
To keep residents in their homes, particularly low income black and brown families as we've heard tonight.
We have many vouchers in small sites.
Buildings buildings that have been acquired through previous allocations of the small sites program.
And that is so important.
And we are able to use our vouchers tied with these funds to, to leverage for the financing of the acquisition.
So please fund this program.
Thank you.
Thank you.
Nt Fernandez followed by April king.
Hello.
Can you guys hear me? Yes.
Okay, great.
My name is Nt Fernandez.
I'm a resident of 26, 27, California street.
I'm happy to see all my neighbors there.
Supporting the small projects.
Program.
I like, like them.
I live there with my, my.
With my son and my daughter, they go to Longfellow and Berkeley.
Berkeley high.
I really.
I've I've lived there for, since 1992.
My mother lives literally two doors down.
She's a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, as we speak.
I'm I'm always just conscious of not being able to stay in Berkeley.
Thank you for comments.
You guys.
We'll go next to April King followed by Michael chow.
April King, you should not be able to speak.
Good evening, mayor.
Good evening, council members.
Happy pride month.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Good evening.
Good evening, mayor.
Good evening.
Thank you.
Thank you.
Thank you.
Thank you for not being able to speak.
Good evening, mayor.
Good evening.
Council members.
My name is April King.
And I'm a Berkeley resident and district three out of Bay area.
Community Land Trust property.
I'm also a resident board member of the Bay area community land trust.
I urged the council to support the full funding.
Off the small sites program and capacity building.
For the Bay area community land trust.
I was able to move from a studio apartment to a one bedroom.
In a family oriented neighborhood to welcome my son into the world.
Thanks to the land trust.
As the new mother artist and educator, I believe that maintaining and creating low-income housing in Berkeley is essential.
Not only for me, but for many families and Berkeley residents who deserve the stability and security.
Of long-term affordable housing.
The land trust is actively providing housing solutions for residents who may be otherwise outpriced.
Or displaced from their homes in our city.
Please court support the small sites program and capacity building grant.
For the Bay area community land trust.
I also ask that you support the black repertory.
And our theater companies and the Berkeley junior.
Thank you.
Our next speaker is Michael Chow followed by Emily.
Wayne.
Michael Chow.
You should not be able to speak.
Council members.
My name is Michael Chow.
I'm on the board.
There to be land trust also work for a national nonprofit community lending institution.
I urge you to support small size program and the building capacity grant for BSLT.
Not only is the small size program and investment in the community and local residents.
But it also.
Allows for leveraging of additional capital.
By lenders, such as myself to support the program.
Thank you very much.
Thank you very much.
Okay.
We're going to go to Emily.
Followed by Paula.
Thank you mayor and members of the city council.
Hi, I'm Emily.
I'm here to ask for your support for the item on the budget to respond to the extreme Creek erosion at Cazadero camp.
We're honored to have a long-term lease of the site.
And proud of the care.
Hi, I'm Emily.
I'm here to ask for your support for the item on the budget to respond to the extreme Creek erosion at Cazadero camp.
We're honored to have a long-term lease of the site.
And proud of the care we pour into the city's campsite.
We've already taken initial action to protect the Creek, but there must be permanent repair.
Later this year, addressing the catastrophic Creek erosion at the city's camp property.
In Cazadero is critical to the future of my organization and our music education programming.
We have a shared interest in preserving the city's property, so it can be used.
And enjoyed for years to come.
Thank you for the city's partnership and attention to this urgent problem.
Thank you.
Paula is our last raised hand on item.
This initial round of public comment item 46.
Good evening.
Council members and mayor.
My name is Paula.
And I am a Berkeley resident basically for all my life.
I am here to urge you on the city council to support and funding for the small sites program and capacity building a grant for the Bay area community land trust.
The Bay area community lunch was very important for people in our community, especially families like mine, which are minority and low income.
Thanks to the Bay area community land trust.
And we are able to afford to stay in the city we love and live in.
In Berkeley.
And so we are urging basically a support firm.
From, from the, you know, from the city, basically to be able to support organizations that are actually helping a lot of people that are very low income or just low income and, you know, try to live in this, in this beautiful city of Berkeley.
And that's why we're here today to please.
We are due to help us basically support this.
Thank you so much for your time.
Thank you.
Okay.
Okay.
That completes the scheduled public comment period.
On item 46, the FYI, 25, 26 proposed budget.
We thank all the young people and community members who came tonight.
And for your comments, those who spoke during that initial public comment period, we'll not be able to speak a second time when the item is taken up later on our agenda.
We have a remote captioner who went to live transcribes our meetings.
So we'll be back in 15 minutes.
We'll have a 15 minute captioner break at which time we will proceed to item 43, 44, then 45.
So we'll be back in 15 minutes.
Thank you.
Recording stopped.
Recording started.
Recording started.
Recording stopped.
Recording resumed.
Recording resumed.

Segment 6

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Council members can please join us back on the dais.
We're going to reconvene.
And if we can begin recording.
Okay.
City Council's back in session will now proceed to the action calendar and item 43 is a public hearing.
On the modification adoption of Berkeley fire code local amendments and incorporation of California intervening code adoption cycle amendments.
This is a second reading of an ordinance that we adopted previously.
So, I'll ask are there any members of the public here in person would like to offer public testimony on item 43.
Please sign up.
Seeing no in-person speakers are there any speakers on zoom.
Mr.
Lewis, I'm assuming your wish to speak on the budget.
We're not on the budget yet.
Okay.
Once again, are there any speakers as part of the public hearing item 43.
The amendments the Berkeley fire code, please raise your hand.
Okay, see no additional speakers I move to close the public hearing.
Sir.
Second.
Second.
Please call the roll on closing the public hearing for item for you.
Councilmember kiss the warning.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Humber.
Customer Humber to close the public hearing on the fire code.
Yes.
Yes.
All right, Mary.
Yes.
Okay.
Chief any comments before we entertain a motion.
No comments.
Thank you.
All right.
I move adoption of the second reading for item 43 second.
Colleagues, any questions or comments on 43.
Seeing none, please call the roll.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
That's a second.
I will open the public hearing on item 44 in person speakers on item 44.
Seeing none, are there any speakers on the moves so please raise your hand.
If you wish to speak.
Second.
I'll move to a second on item 44.
Is there a second second.
Let's now call the roll and closing the public hearing for item 44.
That's number.
Yes, I want to yes, Kaplan.
Yes, Bartlett.
Yes.
On yes, when graph.
Yes, the little par.
Yes.
Yes.
And marriott.
Yes.
Okay.
Okay.
Sound order for the council to discuss or make a motion.
I'll make a motion for purposes of discussion to approve the staff recommendation.
2nd.
Okay.
Colleagues any additional questions or comments.
Seeing none, if we can please call the roll the motion to approve item 44.
Council member, yes, I want to yes, Kaplan.
Yes, Bartlett.
Yes, I want to yes, Kaplan.
Yes, the little par.
Yes.
Yes.
Okay.
All in favor.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes, Amber.
Yes, and Mary yes, okay, okay.
The motion carries.
Thank you so we'll now proceed to item 45 this is an appeal designing adjustments board's decision.
Before we go to the staff presentation, I want to summarize the procedure for this appeal hearing.
1st, we'll receive a presentation from the Department of planning and development on the appeal.
And after we'll open the public hearing 1st.
Receive a presentation from the appellant or the appellants representative and they'll have 5 minutes to address the city council on the appeal.
And then we'll open the public hearing for public comment on the Zab appeal and at the conclusion, the council will deliberate and take action.
So, before we go to our staff presentation, are there any ex parte disclosures counselor Luna par.
Thank you given that I was a member of the zoning adjustments board at the time of the decision, I would like to recuse myself from participating at this juncture.
Okay, thank you.
So, council will Luna par will be recusing yourself.
You can please hang out in the back room and we'll see you at the conclusion of this item.
Are there any other ex parte disclosures that members of the city council would like to make on this appeal, but they have already not submitted in writing.
Council member, thank you.
I've spoken with both the appellants and the applicant.
Thank you.
Are there any other ex parte disclosures.
I'll just note for the record that council members.
Also, I have submitted written disclosures of any communications.
Those are available.
Over here for public inspection.
Any other ex parte disclosures.
Yes, councilor.
I spoke with both parties.
Okay.
Any other council members I didn't speak with the parties, but I did read the record.
So, so.
See, no additional ex parte disclosures.
I'll turn over to Jordan client director planning development for the presentation on this appeal.
And good evening council members presenting for staff this evening will be sharing.
Thank you, Jordan.
I'm going to share my screen.
Okay, good evening mayor council members and the public.
This hearing is for the appeal of the zoning adjustments boards.
Decision to approve use permit 0144.
For a project at 2, 1, 1, 3 to 2, 1, 5 streets.
I'm Sharon gone the staff project planner, and I'll give an overview of the project is approved and then present the main appeal points and staff's response.
The project site is a 13,500 square foot rectangular parcel located within the downtown area plan in the downtown mixed use district core sub area.
And on the North side of streets between Shattuck and Fulton.
It's surrounded by properties in the same CDMU zoning district in the core and outer core sub areas.
The project site is surrounded by commercial.

Segment 7

institutional and mixed use commercial slash residential buildings ranging in height from one to seven stories.
So the sites north are two-story retail and the six-story multifamily Gaia building.
To the east is a two-story state historic resource and mixed-use building with restaurants.
Further east is a six-story mixed-use building with public parking and the Brower Center event venue and beyond Oxford Street is the UC Berkeley campus.
To the south are a two-story triplex and multifamily dwelling with a commercial storefront.
Further southeast is a seven-story mixed-use building under construction.
To the west is a three-story city landmark apartment building with restaurants.
The project site is currently occupied by an approximately 11,000 square foot movie theater known as the California Theater that was originally constructed in 1914 as a live performance venue and thereafter operated as a movie theater until it closed in the fall of 2021.
The property was designated as a city landmark site in 2022 and in the designation only the building's front facade was listed as the feature to be preserved.
In October 22, 2022, a use permit application was submitted for the project that proposed to demolish the city landmark movie theater, preserving the front facade, and construct an 18-story mixed-use building with 211 dwelling units and 24,000 square feet of live theater space.
A landmark structural alteration permit, SAP, was also submitted for the proposed alteration of the city landmark.
The Landmarks Preservation Committee, or LPC, reviewed the structural alteration permit on July 6, 2023 and October 5, 2023.
At the October 5 meeting, the LPC approved the alteration permit to demolish the building while preserving and rehabilitating the front facade and to construct the 18-story building.
The LPC determined that the project would not cause substantial adverse change to the city landmark historic resource and approved the project.
On January 11, 2024, the Zoning Adjustments Board approved the use permit to construct a mixed-use building that is 18 stories and 203 feet in height with 211 dwelling units, 313 bedrooms in total, 22 very low-income units, 24,000 square foot live theater space, and 12,500 square feet of usable open space, and two parklets in the public right-of-way on Kittredge Street.
The project was approved with a categorical exemption from CEQA for infill development projects.
On February 5, 2024, the City Clerk received an appeal letter for decision from Adams, Broadwell, Joseph, and Cardozo on behalf of East Bay residents for responsible development.
Next, I'll be summarizing the main points of the appeal letter and the staff response to each.
The appellant argues that the infill categorical exemption from CEQA is not applicable to the project for several reasons.
They assert that the project would have significant air quality impacts and thus does not qualify for the infill exemption, that the project would have other significant impacts including impacts to historic resources and thus triggers the exceptions to the infill exemption, and that the City relies on mitigation measures to reduce the project's impacts in order to rely on the categorical exemption.
Now to begin, I will talk about the first part of the appeal point.
The California Environmental Quality Act, or CEQA, provides a categorical exemption for infill development projects meeting the conditions listed in this slide.
In summary, the project can be exempt if the project is consistent with general plan policies and zoning regulations for the site, the project is within no more than five acres and surrounded by urban uses, the project site is not a habitat for endangered species, the project not results in significant effects to traffic, noise, air quality, or water quality, and the project site can be adequately served by utilities and public services.
The ZAB determined that the project qualifies and satisfies all of the conditions for the infill categorical exemption.
With respect to air quality specifically, the ZAB concluded that no significant effects are anticipated from the project contrary to the appellate consultant's analysis.
The appellant consultant suggests that the project's air quality assessment was incomplete because operational air pollutant criteria were not analyzed.
However, the project is not required to prepare an operational air quality assessment because below the size thresholds in the Bay Area Air Quality Management District guidelines.
The appellant consultant also suggests that a health risk assessment is required for the project.
The air quality assessment for the project indicated that the project is below air quality management district thresholds for construction related air pollutants and concluded the project would not produce significant air quality impact.
Therefore, the City has substantial evidence to support the conclusion that the project would not have significant air quality effects.
The CEQA exemption can be used and no further review including a health risk exception, sorry, health risk assessment is required.
So given the project's compliance with all provisions of the CEQA infill categorical exemption, the ZAB concluded that the exemption applies to the project.
In Part B of Appeal Point 1, the appellant argues that the infill categorical exemption from CEQA is not applicable because the project would have other significant impacts, including impacts to historic resources and thus triggers two exceptions to the infill exemption.
Pursuant to CEQA guidelines, projects may not qualify for a categorical exemption if certain exceptions apply.
The appellant asserts that two exceptions apply here.
When there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances and when the project may cause substantial adverse change in the significance of a historical resource.
The first exception does not apply because there are no unusual circumstances resulting in significant effects.
The proposed project is surrounded by other similar mixed-use developments that have been approved and constructed in the downtown.
As discussed previously, there would be no significant air quality impacts.
There is no evidence of significant hazardous materials based on the Phase 2 investigation for the project and no evidence of significant anticipated greenhouse gas impacts as the project is required to be LEED Gold certified or higher and compliant with Title 24 efficiency standards and the Berkeley Code requirement for energy performance assessments.
The second exception doesn't apply because there is no evidence that the project would cause a substantial adverse change in the significance of a historical resource.
The LPC found that the proposed design preserves the character of defining features of the California theater and approved the structural alteration permit.
In Part C, Appeal Point 1, the appellant argues that the City relied on conditions of approval which effectively serve as mitigation measures to reduce environmental impacts to a level where the project would qualify for an exemption.
The conditions of approval that are in the project's use permit apply to all projects and therefore are not mitigation measures that are specific to an impact from this project.
Similarly, the conditions of approval adopted by the Landmarks Commission and the structural alteration permit apply to all alteration projects and are not mitigations for specific impact from this project on the City Landmark.
The ZAB determined that there would be less than significant air quality and water quality impacts from the project contrary to the appellant's claims.
Therefore, the standard conditions of approval apply to the project.
In summary, the City is not relying on the conditions of approval to apply the categorical exemption.
As discussed previously, the infill categorical exemption applies to the project because it satisfies all of the criteria for the exemption and does not trigger any exceptions to the exemption.
The remainder of the appeal points argue that the project is inconsistent with the general plan and zoning workforce policies, fails to provide significant community benefits as required by the downtown area plan, and is detrimental to the welfare of the City residents and workers.
In Appeal Point 2, the appellant acknowledges that the City's Health Care and Apprenticeship Ordinance, or Hard Hats, is not applicable to the project due to the project's vesting under Senate Bill 330 provisions.
In fact, the project applicant did submit a preliminary application pursuant to SB 330 to vest in ordinances, policies, and standards in effect on October 2022 for the pendency of the project approval prior to the January 2024 effective date of the Hard Hats Ordinance.
Consequently, the Hard Hats Ordinance does not apply to the project.
In Appeal Point 3, the appellant asserts the requirement of community benefits in the project.
In the CDMU Mixed-Use Commercial District Community Benefits Package that includes a project labor agreement is required for buildings which require a use permit to exceed 75 feet in height.
However, the project is not subject to the community benefits requirement because its density bonus based project height does not exceed 75 feet.
The project building height above 75 feet is granted via a density bonus waiver.
And finally, in Appeal Point 4, the appellant claims that the project is detrimental to the City's general welfare.
However, the City's non-detriment findings are not objective standards.
Pursuant to the State's Housing Accountability Act, a non-objective standard cannot provide a basis for denial or reduction in the density for a housing development project.
In summary, the ZAB determined that the project is compliant with all vested and applicable objective general plan and zoning standards, that the findings for specific adverse impact on public health or safety in order to deny or reduce the project could not be made, and approved the project in accordance with SB 330 and the HAA.
And that concludes staff's presentation.
Thank you.
Okay, thank you very much.
I'd now like to open the public hearing on item 45, the ZAB appeal for 2113-15 Kittredge Street.
We'll first give the appellant or the appellant's representative five minutes to address the City Council on the appeal.
I understand that Kalila Fetterman, representing the appellants, will be presenting on their behalf, correct? Okay, so we'll move that individual over to panelists.
Give me one second.
So you should be on the other side now and the appellant's representative would like to begin their presentation.
You should be able to share screen and we can set the clock for five minutes.
Do they have a PowerPoint presentation? Do we know? No.
Okay, great.
So I will turn the floor over to you.
Thank you.
Good evening, Mayor, Council Members.
My name is Kalila Fetterman on behalf of appellants East Bay Residents for Responsible Development.
East Bay Residents is an unincorporated association of individuals and labor organizations that live, work, and raise their families in the City of Berkeley and Alameda County.
It includes Berkeley residents, the UA plumbers and pipe fitters, local 342, International Brotherhood of Electrical Workers, local 595, sheet metal workers, local 104, sprinkler fitters, local 483, their members and their families who live and work in Berkeley and throughout Alameda.
East Bay Residents was formed to advocate for responsible and sustainable development in the East Bay.
Many of the East Bay residents members work on construction projects and they are first in line to be exposed to any health and safety hazards that may exist on construction sites.
Appellants appreciate the city's consideration of this appeal and the staff reports clarification of mitigation that will be applied to the project through the city's conditions of approval.
In response to the appeal, the city improved the project by adding a condition of approval requiring that the applicant report the project's projected greenhouse gas emissions before applying for building permits to ensure the project complies with the city's climate action plan and supports the city's climate goals.
East Bay Residents asks this evening that the city do a bit more to protect public health and safety from the project's health risk and water quality impacts by strengthening the project's conditions of approval.
East Bay Residents' appeal provided evidence demonstrating that the project's construction and operational emissions result in a health risk that exceeds the area air district's thresholds and requires mitigation.
We understand the condition of approval 41 will require the applicant to either present a health risk assessment showing no impacts or use tier 4 construction equipment and CARB certified BDECs.
East Bay Residents respectfully requests that condition of approval 41 be revised to require both a health risk assessment and tier 4 final construction equipment.
East Bay Residents also requests that the city use tier 4 final construction equipment rather than just tier 4 to ensure that toxic diesel particulate matter emissions are reduced to the greatest extent feasible.
Tier 4 final regulations require additional reductions in NOx and particulate matter 2.5 beyond the reductions achieved by tier 4 interim resulting in differences in emissions of as much as three to five percent.
With regard to hazards and water quality the record contains substantial evidence demonstrating that the project may result in adverse impacts from soil contamination that exceeds health-based residential environmental screening levels and hazardous waste screening criteria.
East Bay Residents understands that condition of approval 42 will require the applicant to provide documentation of cleanup compliance prior to construction.
East Bay Residents respectfully requests that the city stringently enforce condition 42 to ensure that water quality and hazards impacts are fully mitigated prior to construction.
In conclusion East Bay Residents respectfully requests that the City Council modify the project's conditions of approval to require preparation of a health risk assessment and use of tier 4 final engines and stringently enforce conditions relating to hazardous contamination cleanup and oversight.
I'll ask that my remaining two minutes be given to the other representative on site John Dalrymple if that's possible.
I hope Mr.
Dalrymple would like to just take his two minutes as a member of the public to speak during the public hearing.
During the public comment portion of the public hearing each speaker's allotted two minutes but another speaker can yield their two minutes for a maximum of four minutes.
But not the individual who just spoke.
So do you want to take the two minutes or wait till the public comment portion? Okay so ma'am you still have two minutes if you'd like to use them or anyone else representing the appellate.
Thank you no that concludes my presentation at this time.
Okay thank you very much.
Okay so now I want to turn the floor over to the applicant or the applicants representative Mr.
Rhodes you're presenting.
Do you have a presentation? Okay so if we can set that clock.
Thank you.
You told to share my screen.
I thought I was hang on.
Got it.
So I think we're ready.
Okay thank you Mr.
Mayor, members of the city council, staff for the opportunity to share this project with you tonight.
And I really want to say thanks staff and Sharon for such a terrific overview of the project, really thorough on the appeal points.
First let me introduce our team.
I'm Mark Rhodes, CEO of Rhodes Planning Group.
Geneva Hesner has been our project manager for this one.
Our project sponsor is Christian Soria with Gilbane Development in the audience.
Our architectural firm is Studio KDA with Nishka Maheshwari and Darshan Amrit.
Landscape Architecture by Groundworks Office.
Architectural History by Mark Holbert.
GHG&AQ by ESA Associates.
Soils and Water Quality by Terraphase.
Legal Counsel by Sean Marciniak at Hanson Bridget.
It Takes a Village.
The California Theater Project is a beautiful reimagining of how we can preserve our historic building fabric in our downtown and still find space for new housing in our historic transit-oriented downtown where it most belongs.
The project is just steps from campus and the city's two largest employers and a multitude of BART and AC transit access points.
We're over two years into this process, about three years I believe, but that's what it takes.
This is a complex project and staff has been there each step of the way along with us and with the community on this.
As said, 211 unit project with 22 BMR units and an in-lieu fee check.
Go ahead.
And a couple of things of note.
The project has significant opportunities.
It also has significant challenges ahead of it.
Many of the opportunities you can see here on the screen, there will be some money coming to the city along with highly sustainable residential units.
But let's talk about the most significant challenge for this and that would be the theater fundraising component of the project.
Economic conditions are another significant factor right now, but with the theater, the proposal to provide a potentially incredible space for the non-profit California Theater Consortium represents a major opportunity for the city's non-profit arts and cultural groups, several of which are represented in the theater consortium.
The theater's portion of the project is really expensive.
It's about 25 million dollars and it's not being presented as a community benefit.
Rather, we're working with the theaters to try to find a way for them to get that money to be able to be included in the project.
But I do want to thank Gilbane for having the theaters along for this the entire way.
We're still in it.
We are still working with them and we are hopeful about the theaters being able to be incorporated.
Next slide.
Our team's worked really hard with the Berkeley's Historic Preservation Community, including the Art Deco Society of California, who are based in Oakland, to create a really beautiful restoration for the facade and marquee of this 1908 California theater structure, which the LPC found to be landmark worthy and we agree.
We worked with staff, the Landmarks Commission, and our architect, thank you Mishka and Darshan, and our qualified architectural historian Mark Holbert to arrive at a design that restores the beautiful 1908 Art Deco facade and the 1950s marquee.
We're going to make that neon light shine again.
It also helps preserve that sort of four to five story historic downtown street scale from the 1920s, which is Berkeley's historic period of note.
Next slide.
We did a lot of work on this facade to restore it, preserve it, and make sure that the character-defining features are preserved.
Next slide.
We not only, I think, will be doing that highly successfully with all the help that we've received, but we're also going to build the mid-rise structure behind it, which pulls design features from that historic facade.
All of this without pro-historicism, and again, just steps from campus and BART.
Next slide.
So this is a slide that shows the marquee restoration.
The neon is going to be restored, not just the sign itself.
Next slide.
So on the appeal, we agree with East Bay residents for responsible development in representing union laborers.
Worker and workplace safety is the most important factor during the construction process.
We understand that.
As you can see in your packet and our supplemental item from yesterday and East Bay residents' response today, very high level of analyses and re-analyses have been conducted for this project.
The City's technical experts and third-party consultants have all reviewed the technical reports as have the Landmarks Commission and the ZAB, and in short, this is a typical infill site.
Hopefully soon, we could get to a point where all construction labor is completed by union shops.
Until then, and with the very high cost of construction and financing, we must build housing as we can to address our crisis of availability.
But we only do this after we ensure that whichever workers build the project, they'll be safe from environmental contaminants and harms as this project has been done.
Let's give this project a chance.
We want to thank the unions for their diligence, the Berkeley community for its support, and thank you City Council for helping to continue to build this amazing place that more of us will be able to call home.
We're happy to try to answer any questions you have.
We have our full technical support detail on the Zoom call with respect to soils, water, and historic and GHGs.
Our applicant is available.
Our architectural team is here.
Anything you like.
Thank you very much.
Thank you.
Okay, we'll now go to the public comment portion of this public hearing.
If anyone would like to speak on the ZAB appeal for 2113-22115 Kittredge Street, please line up on this side of the room.
And once again, each speaker will be allotted two minutes.
You can yield your time to another speaker for a maximum of four minutes per speaker.
Yes, sir.
Good evening.
My name is James Lloyd.
I'm with the California Housing Defense Fund.
We're a statewide non-profit legal advocacy organization.
I'm also a resident of Berkeley.
I'm a renter and I live in District 6 as well.
So we wanted to highlight a few aspects of this project.
First of all, we're highly in favor of this project.
As you all know, rent is a matter of supply and demand, as with any other commodity.
This will add 211 units, including 22 of very low-income steps from campus.
It's hard to imagine a more sustainable location or something better that, at no cost to the taxpayer, will help address our housing crisis and our homelessness crisis.
However, I work for a legal advocacy group, so I want to highlight a few aspects that state law protects this project.
The Housing Accountability Act, as you already heard from staff, protects this project to make sure that if you do decide to disapprove it, you have to make very specific health and safety findings.
Additionally, SB 330 protects the project based on when its preliminary application was submitted, as does the density bonus law based off of the VLI units in the project.
Obviously, it gives the project an increase in density and height waivers and concessions.
However, what I really want to focus on is CEQA.
Specifically, there's case law this year.
If you look on page 2, Hilltop Group Incorporated versus County of San Diego, 2024, an appellate decision shows that if a jurisdiction, such as the City of Berkeley, errs and incorrectly denies a CEQA exemption, then the city itself is exposed to legal liability and can be sued.
And we want to bring this up because, as you know, litigation is expensive.
You heard a lot tonight about demands on the city budget.
The city has plenty of experience with litigation around things like the Housing Accountability Act, and it would be a shame, particularly speaking as a Berkeley resident, to see our budget go towards litigation.
Thank you.
Hey, everybody.
My name is Steven Schuyler.
I live at the Oxford Plaza, which is located directly between the theater and the university.
I don't have any pictures to show you, but I'm a person.
So let's stop talking about buildings and codes and talk about people.
The Oxford Plaza has 96 apartments in it.
I'm a minority in that building.
It's mostly people of color.
We're all people.
Low income, a lot of disabled people.
The sidewalk is only as wide as four garbage cans.
This is three pages of exceptions and waivers in order to get what you want.
If that's what you want, then widen the sidewalk to accommodate all the people that are going to come in that building.
You put bike lanes all over the city.
That's all I'm asking you to do.
If you want to approve three pages of waivers, then widen the sidewalk the width of a bike lane in front of my house so that all those people who are going to be walking back and forth in front of my house to go back and forth to school and then back home.
Because the Zab last week, I came up and talked to them and all they said was thank you.
And they spent 10 minutes talking about birds and zero seconds talking about people.
So I want an acknowledgment from each and every one of you that says people are more important than money.
You too.
People are more important than money.
Out loud for the public record.
Every one of you, I want to hear you say it.
So your time is up.
We don't have a back and forth.
We're happy to take your comments.
Thank you.
No, we're not speaking together.
I know that would have been funny though, right? Thank you for a loop a little bit.
Good evening, everybody.
EJ Sires, She Metal Workers, also a member of East Bay Residence for Responsible Development.
The Berkeley Municipal Code clearly states that development projects without adequate job training and placement can negatively impact our city's well-being.
Furthermore, both General Plan Policy ED1 and ED4 emphasize living wage jobs and job training programs.
Unfortunately, the current applicant hasn't committed.

Segment 8

We're excited to be here today to work for standards that will reflect these policies and this means we can expect a project with minimal if any apprenticeship opportunities for your residents.
substandard if any health care for the workers that end up here and a significant lack of skilled labor who probably won't be from this area.
Given the council's previous support for fair labor practices I strongly urge you to request that the applicant be removed.
I'm also here to support the ordinance last year and the ordinance directly addresses the potential issues this project presents ensuring a skilled workforce with access to proper health care and apprenticeship opportunities and I would also like to point out on staff slides on the response to appeal.
Number.
density bonus quote base project height does not exceed $1,000 per year.
I'm looking at the community benefits that it's entitled to and for me I'm looking at the community benefits of one of those things like those kids that were up here earlier for the Berkeley jackets what are they going to do after school do they have opportunities to get into the middle class career field are they going to experience a lot of traditional barriers to employment.
Who helps with that the same folks that are helping with health care and apprenticeship training standards.
We're not saying it has to be one-stop shop.
It could be a lot of different things.
You could have the opportunity to join the middle class career by going through those apprenticeship training programs we don't have those requirements.
You can probably count the amount of apprentices are going to be on this project with one hand.
I don't think that's acceptable for the city of Berkeley.
Thank you.
I would like to urge the council to approve and expedite the development process.
I would like to welcome 211 at least new neighbors into this town.
22 of which would be able to live in reduced and subsidized housing.
This also increases the tax base and allows this council to fund all the wonderful programs we have.
It also creates a new community benefit of a live theater.
Thank you.
My name is John.
I'm the East Bay residents responsible development.
We sort of get there are some limits to what you can do tonight.
We know where your hearts are at.
I think it's important to recognize the value of what we do.
You went to an event two or three weeks ago where you saw young women graduating from rising sun.
You saw the joy and the hope.
You saw their children there.
Their families there.
This developer would not meet with us to talk about how to create opportunity for those young women.
This developer would not meet with us to talk about how to create opportunity for those young women.
It's shameful for them to sit down and talk to us about who they are.
It's shameful for the construction workers in this community.
Folks that represent working class families that we know construction workers in this community have been exploited in much of the construction that's happened.
We brought you that documentation.
They didn't have the courtesy.
They were worthy enough to sit down and talk to.
It's shameful.
It's shameful.
It's basically cost neutral.
They should embrace it.
And that way, those young women, they know there's a place for them.
You know, the society is looking to give them the opportunity and a place to work and a job with dignity.
We sent you a letter several times.
We sent you a letter to Congress.
We sent you a letter to Congress.
We showed you project after project that have been approvable for the workers in the community because they were changed to mitigate environmental impacts.
We're happy to see that there are some changes made by our efforts here.
But it could go farther.
Construction workers might have the highest rate of cancer because of their inhaling particular matter.
They're not being paid for their work.
And we are looking to provide that type of construction equipment.
If it doesn't cost much, but to do, it's insignificant.
But that could be an improvement.
You can request that when we ask you to do that.
But one more thing that you can do.
They have this workforce, and they're being exploited and not paying the usual standard wages.
When we bring the workers and shut that construction worker site down, you can join us.
And you can make big profits at the expense and exploitation of the construction workforce.
So this is my first invitation to you.
Because we'll be there.
If they're not being paid area standard wages, this project shouldn't be built.
As much as we need housing, there'll be new people coming and willing to do the right thing and to build this housing without the exploitation of workers.
It's already happening.
At Wedgcore's doing that construction site over there in Shattuck.
Everybody was paid a decent wage.
There's apprentices from every trade.
Everybody in health care.
Everybody in the construction industry.
Everybody in the construction industry.
And we're going to get it done if they choose to do it.
Thank you.
Thank you.
Are there any other speakers here in person? Okay.
If not, we'll go to speakers on Zoom.
Are there any members of the public on Zoom who would like to speak as part of the public hearing on item 45, the ZAB appeal for 2113-15 kit registry? If so, please raise your hand.
Kelly Hammergren? Yes.
It's a 330 project, so you really can't do anything but approve it.
But I think it really is a shame that the hard hats ordinance doesn't apply.
That was really important legislation passed by the city, and it's a shame that the bird safe ordinance doesn't apply as well.
I think this project will be back at ZAB at some point in the future to remove the theaters.
You heard comments tonight pleading to consider assistance to two theaters in the city of Berkeley.
And so I wish the theater was liable.
I wish that we hadn't lost all of our movie theaters except for the Elmwood.
We've lost 20 screens in the last three, four years.
I really wish that we had that we were going to have film there.
Mr.
Rode says it is possible to have film in this theater, but I'm just not so sure that that part of the project is going to be viable, and that's too bad.
So those are my comments.
Your hands are pretty much tied on what you can do with this, but I really wish that we had some sort of agreement with the city to support the hard hats.
Maybe you could encourage some sort of agreement.
Thank you.
Thank you very much.
Are there any other members of the public on Zoom wishing to speak on item 45, the ZAB appeal? Dale Sofia? And if there are any other additional speakers, please raise your hand at this time.
Okay.
Dale Sofia should now be able to speak.
Please unmute yourself if you wish to speak.
Okay.
Last call.
Okay.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you all.
Okay.
I don't see any additional raised hands.
I'd like to suggest we keep the public hearing open in case there are questions for the parties, and I have a question for the applicant or applicant's representative.
So during your presentation, you said you were going to speak on item 45, the ZAB appeal.
Are there any other changes to conditions that were requested by the appellant? Thank you, Mr.
Mayor.
That's correct, but it's not, let me explain that a little bit because it's important.
The project's already been working with the regional water quality control board and the health risk assessment.
Both things are happening.
And we'll rely on tier 4 equipment for that.
On the enforcement of the water quality conditions, of course, regional water quality control board is on board with this.
They're at least as stringent as DTSC.
So, yes, there are changes to the ZAB appeal.
But the ZAB appeal is not one that the project can bear at this time.
Okay.
I spoke to the director of planning because I understand your attorney sent an email to staff addressing those requested condition changes.
Is there a way that we can take a quick look at the language just to confirm? So, this is what I got from the planning department.
So, I'll share the screen.
So, I think that this is what I got from the planning department.
So, this is what I got from the planning department.
So, I think the text additions are in double underline or deletions shown in strikethrough.
So, it's adding the word and after A, 41A.
And then adding tier 4 final.
So, this is what I got from the planning department.
So, this was an assumption already made in some of the reporting.
So, yes.
And then to condition 42.
I don't actually know if the regional water quality control board provides that written documentation.
I suspect that it shouldn't be an issue.
Certainly, they will notify the city in whatever means that they determine acceptable, but I don't feel like I can tell them how they have to do that.
Mr.
Klein? Mr.
Klein? Mr.
Klein? Could staff address this? Yeah, we can address this.
This shouldn't be an issue.
This is in accordance with our standard communication with the water board on these projects.
So, I mean, sounds like this is kind of standard practice.
And we do have our hazmat specialists if you want to, but I don't think this is an issue.
So, if staff understands that we just need to do it however the RWQCB wants to, then we should be good.
Yeah.
I think that's why they suggested that it be written in this manner.
Okay.
Okay.
That's my question.
Thank you.
Thank you.
Okay.
So, I think that's questions for parties.
So, we'll go first to Councilor Humphrey.
Thank you very much, Mayor.
I have a couple of questions for the development team.
And, of course, Mr.
Rhodes.
It's great to have him represent, but I'm wondering if you have any questions for the development team.
Mr.
Rhodes, can you hear me correctly? Thank you, Council Member Hahn.
This is our project director, Christian Soria, with Gilbane Development.
Okay, Christian, thank you very much for joining us.
Hi.
A couple of questions.
Okay.
Can we have that be in the finished product, not just on the design? Unfortunately, some of the buildings we've had in the last few years, they show things like metallic elements and, you know, metal windows, and then what we get is plastic and molded stucco and stuff like that.
We understand where the City of Gilbane's commitment is.
We have a 150-year track record, and what we say we're going to do, we're going to do.
So what's on there is our commitment, and we will do that.
Okay.
And I think your design partners are going to tell us what the metallic elements are made out of.
They are metal decorative shields for the LED lighting, and then the windows are made out of plastic.
So they're backlit, concealed LED light strips, so it's actually the housing from there, and we think that that's actually kind of one of the embodiments of the Art Deco design.
So for us, from at least an architectural perspective, that's a non-negotiable design element.
Good.
And the windows, are they metal decorative shields? Yes.
Okay.
Thank you.
And I only asked it because we had another building coming with a downtown with vertical elements a long, long time ago.
It was on the zoning board.
The drawings that were approved had nice metal things, and then everything ended up being formed and painted stucco, and it was kind of disappointing.
Okay.
Thank you.
Thank you.
That was a little bit of a curveball, but I'm interested in it.
We've been working with Mr.
Schuyler for quite some time, and we actually had a meeting over at RCD's housing project there right next to this one.
What we have done, and with the theaters there, Mr.
Schuyler's 100% correct.
This will be a very active sidewalk.
It's going to be a very active sidewalk, and it's going to have two parklets, essentially.
The intent of those two good-sized parklets is to provide crowd pressure relief to get out of the movement area of the sidewalk itself.
So if you're at an in-between acts of a show before or after the show, you've got a place to get out of the way instead of blocking up the sidewalk.
That's where the trash cans would come out of the building to line up for curbside pickup was all sort of done part and parcel with Mr.
Schuyler.
Oh, great.
Is the facade of the theater recessed from the property line? Is it pulled back a little bit? I can't remember.
I think it's sitting right on the front property line.
So the marquee hangs beyond that? Is that the original marquee? Is that the original enrichment permit from 1923 or something? Well, the original, actually, the original, this is the third marquee for this building.
The original marquee was probably the most handsome, but this one is very similar to the UC theaters, only it's got much fancier and more expensive to restore neon tubing.
So the sidewalk is right up to it.
I'm pretty, it's just right on and that's concrete.
Was there any reason why sort of just widening it entirely wasn't the solution? And it might have been the city.
I don't know.
This is like not, we don't have any information about it.
You're going with the sidewalk? Yeah, yeah, yeah.
The existing sidewalk currently doesn't exist.
So we're trying to figure out what we're going to do with the sidewalk that we're going to create in the future.
That was part of the discussion Mark and I had with the existing neighbors and trying to come up with a solution and also protect the future use of the CTC because there's going to be public gatherings and felt that we need protection for those people.
So having a parklet would be something that we could do.
But we're trying to make sure that there's nothing more we can do to widen it without taking away parking and the city has, you know, they want that parking in the front and we need drop off and pick up or handicap to be able to attend these live performance theaters and occupy as residents.
So it's a juggling act.
Understand the frustrations, but it is an existing condition.
We're trying to improve on it as always.
And our commitment is firm on parklets and trying to help alleviate some of the residents as they're waiting in the queue to have some extra relief.
So we've tried to mitigate it as best we can within the city planning limits.
And I'll note that they're bold because that's a drop off area in between them like any theater in the city.
So we're trying to make sure that we're not taking away parking for folks with disabilities.
Okay.
And I mean, I think the gentleman has a good point.
And I've made that point before that as we add density and sometimes it's through up sounding or approving a big building like this, that we really should be looking at increasing the capacity of our sidewalks.
I mean, I think the gentleman has a good point.
I think there's a lot of potential for community life and gathering.
But I think the gentleman is it sounds like he's also concerned about the sidewalk in front of his own building.
Right.
So I think that might be something we need to look at as a city as well.
But perhaps we can also reach out to the city and say, Hey, you know, we've got a lot of sidewalks in the downtown area and maybe a conversation with them.
I know Mr.
Rhodes knows them well.
Well, and we've also, you know, the easterly one is sort of also to be shared with response kitchen right there.
And sure, there's there's other places.
Fortunately, that stretch of sidewalk is a little bit wider than a lot of the sidewalks in the downtown.
So it's it's been different.
It's actually got the.
Yeah.
I also know that's actually not what the neighbor would like, because if you have landscaping, it takes away the usable space of like a body space like we can.
They actually don't want landscaping so they can have more concrete be able to use for handicapped for humans.
So landscaping actually is not what they want.
We know because we spent a lot of time on the front.
So really the maximum that's kind of why you don't see personal.
We can't do it.
As Mark said, we can't have trees in the front because there's so many utilities.
If we could, that's not what the community wants because we need to have an unobstructed area right there.
Through put any pedestrians.
Okay.
All right.
Sounds like this has been very, very well massaged and perhaps not, you know, all the elements of the outcome, but at least clearly as a strong effort to make this happen.
Thank you.
Thank you.
Thank you for the spirit.
I also wanted to say that I appreciate the comments.
I think that's my their offices aren't there, but the principal is in my district.
And.
Let's go ahead.
Okay.
And I think that's commendable.
But I'm concerned about that.
I'm concerned about that.
I'm concerned about the unobstructed area.
And I thought we could actually have Christian address that.
What what is the reason that those meetings didn't happen, which is categorically essentially.
Point blank before the meeting within a week of the meeting to by the unions to say, you know, we're not opposed to using labor unions.
We're not opposed to saying we're not going to review anything and and come to any type of, you know, agreement.
We're not opposed to using labor union.
Right.
But we have talked to the unions.
So I think it's just categorically false to say that we have not and misrepresents to the city council exactly our character.
So, you know, we have had discussions.
We have had discussions with the city council.
We have had conversations with the city council.
We have had discussions with the city council.
We have 24,000 square feet of CTC theater with the level of residential in a in a postage stamp site.
And to do that, it just requires a lot of upfront costs and a lot of future costs and the project only there so much.
And so we've really, really works with the city council to make sure that we're not going to do that.
And we're trying to make that happen.
And there's only so much the project can bear.
And so to add another requirements.
And we're not saying that we're not going.
It's an open shop.
So I just want to be clear about that because it's not how long was the project in development before week before the meeting.
Thank you.
Thank you.
So the labor partners in this in the city in this area.
They're quite well known Mister Rhodes is obviously done a lot of projects here.
I saw him have a very friendly handshake with Mister was there any attempts to involve labor from the beginning in the conversations that we had with the city council.
And we were not allowed to talk to about, you know, signing anything or coming to any agreement.
So we weren't excluding them.
And we did what time is a lot since those and then we've got the appeal.
And now.
3 months.
And I think there has been a lot of discussion.
And you said that you had I think in the presentation it said that you have a commitment to.
Gosh I wrote it down but the words were.
What was that worker safety and something else it was actually in the presentation can you tell me a little bit about that.
I think that there's compliance with the city standard conditions of approval.
Compliance with numerous multiple agencies at the state and regional level.
Etcetera and I think that the contractor that's being considered also provides that.
So I think that there's some level that we're adding for ground disturbing activities that will need to be ground disturbance for the compliance.
So we just want to make sure that we can do that and not get ourselves into a nasty little loop of you can't touch anything.
So we do we do have to get in the ground in some limited ways and I'm not going to get into the details of that.
I just wanted to make that clarification for the planning director and for the rest of the city council.
But you know worker safety.
I think that the contractor that's being considered for this has a pretty significantly good record with respect to building in Berkeley.
They've been building a lot of projects in Berkeley over the last few years.
And they've been doing a lot of work on the project.
And I was on the project earlier as part of our due diligence and getting the pricing and the unions were not competitive on most trades on the ones that are they'll be on the project.
So just want to clarify like when we have to go do pricing to make sure that you know we can continue on with the project.
There's multiple steps on that.
And so we did go out to the city council.
Thank you.
Okay.
And is this your first project in Berkeley.
I again I was on the zoning board a long time ago and I used to know all the people doing projects obviously know Mark this is this your first project here is their second project your second project which is the first one 2587 telegraph which was unanimously approved and we're still working on it.
Okay.
And this is the California theater project but has less complexities than the California theater.
So it came in after and it wasn't appealed to the city council.
Good.
Congratulations.
I'd love to sit down with you sometime.
Thank you.
I'll have a couple questions for the appellants.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Hi.
I just wanted to better what the kind of conversations and contact has been doing sort of the 3 years or 2 and a half years that this has been on the agenda.
I'm sorry.
I thought you had perhaps left.
I apologize.
Hey, got to sit where I can see you.
Yes, sorry.
So I've had no meetings with this.
We've had no request to meet.
We had a phone call I think once several months ago.
I did send an agreement.
I did.
I did.
I did send a number of personal calls emails.
I did reach out to Mark.
When I heard from his consultant, he made clear that I would not be seeing a meeting.
So it's just it's the same discussions was, you know, I I think I have some credibility.
I hope to some of you.
So this is not true.
So it is you know, it's not true.
You know, I've had a number of people say, you know, we're too high.
How we work with developers is, you know, we make sure we were very we try to coordinate the the the the the the.

Segment 9

Council member who's going to be the most aggressive bidders from our subs, making sure that they're providing, there's ways for us to contain costs by apprenticeship ratios and so on.
We had no opportunity to do that here.
So, when he says that some of the trades were too high, that means they're going to be paying significantly lower than the area standard wage.
That's what that means for those particular crafts.
And, you know, which breaks down conditions for hardworking working families throughout this area.
So, it is just simply not true.
I attempted many times to sit down with them and they just refused.
Okay, was there anything else that.
No, ma'am, I just wanted to make sure I didn't leave before you said you were done.
Okay, thank you.
No, I was just trying to better understand.
I know sometimes things look and feel differently from different perspectives and I want to be respectful and and hear your perspectives as well.
Okay, thank you.
Okay.
The project can only bear so much.
Okay, fantastic.
Do you know what it can bear in terms of us, because if we haven't even had a sit down conversation yet the last developer that I met with 2 weeks ago in another city in Alameda County thought that my workers got paid 250 bucks an hour.
And they had no idea because they didn't meet with us.
So, they didn't have our labor costs.
I can guarantee you that they do not have everything listed that we do on the with every single scope of work on who's going to be on the project.
How many apprentices if you ask them now what my apprenticeship ratio is for local 1 or 4 specifically, they probably won't know because we haven't met with them yet.
Okay, thank you.
I think in terms of I mean, in the fact that these have been in the pipeline for a couple of years I know personally we've been pretty active in Berkeley in the last couple of years I started my position about a year and a half ago.
So, if you've been in the pipeline for a couple of years and you know, this is coming down the pipeline.
The fact that you could very easily voluntarily comply with hard hats, but might not even know the specifics on it.
That's that's a problem.
And honestly, we feel like the workers that on those projects be a union or not.
Those workers are going to lose out on a lot.
They're going to they're going to lose out a lot of health care potential.
I mean, we can go as basic and petty as we want, but we don't have conversation.
You don't have meetings.
There's going to be a bunch of they said they said, and the conversation stops there.
And that's unfortunate for the city of Berkeley in the community here.
Thank you.
All right.
Thank you.
I, I think those are all the questions that I have.
I just would like to say that I will extend a personal invitation to the development team and to Mr.
and the union representatives to have a meeting in my office in the next week or 2.
And I hope everyone will show up.
Okay, so this is questions at this time because the public hearing is open or not.
It's not an order for people to make statements or make motions.
Council member Humber.
Well, in fact, I was going to make a motion to close the hearing.
Well, let's see if other people have questions 1st.
That makes, I'm not going to recognize that motion yet, but I'll come back to you when we're ready.
Council member vice mayor questions.
Yes.
Where's Mark.
Yeah, so could you tell me what the mix of unit sizes? I didn't see that in any of the presentations.
That's correct.
We did not share that with you on this, given the complexities, Geneva or Darshan.
Somebody come break down the unit.
Sorry, I was sitting down the unit mix.
Yes, the project.
Yeah.
So it's 211 units and their mixture of studios and 2 bedrooms and 4 bedrooms.
And in what proportion.
I don't have that off the top of my head ish.
Isn't that required for the Zab? Oh, we have it.
It's in the plan.
It's in the plans.
I can get it to you in 2 minutes and go look it up, but I don't have it all memorized studios.
Studios 2 bedrooms primarily.
Yeah, it's probably roughly.
40% studios and then another 40% 2 bedrooms and 20% 4 bedrooms.
Okay, approximately.
I'm not supposed to make any comments, but I want to compliment you on the design of this building.
All right, counselor Bartlett questions.
Yes.
Thank you.
Mr.
Mayor.
For the, for the appellant here.
Please approach the microphone.
I didn't think I was getting in my steps in today.
Now, so I'm curious, and I'm referencing a conversation that's, that's been had in this chambers recently.
Where you expounded upon the, some some, some possibly erroneous costs for accident.
And potential accordingly.
I didn't think I was getting my steps in today.
Now, so I'm curious and I'm referencing a conversation that's that's been had in this chambers recently, where you expounded upon the, some, some, some possibly erroneous cost presumptions that go into, into your work in terms of hard hats in particular.
So, I'm curious, it sounds as if you did not meet with the applicant.
And if, if you were to have met with them, how would you have explained the sort of the, the, the cost dynamics at play? When it would the, the structure, including hard hats and how you're able to do it.
I'm curious to hear what you'd say.
So, thank you for that.
And I'll, I'll, I'll answer that question by kind of giving you the breakdown of what we generally hear.
So, the, the initial 1st response from almost everybody is well, it's just too expensive.
And my rebuttal to that is okay.
So profit over people got it.
But what it really, really boils down to is.
Historically, their, their large complaints are focused around the cost of health care, and then the wage differences with unions, the applicability to hard hats has nothing to do with the wage equality of unions.
But what it does requires that apprenticeship piece, and that apprenticeship piece is standard in regards to the collective bargaining agreement that's signed by the unions that will be representing those workers.
Even if they're not work there, even if they're not union workers, the unions who cover that work will still be representing those workers to make sure those workers have a voice.
So, yes, the health care costs, I'm sorry, people deserve health care.
So, to have them get that health care.
Sure.
There's going to be an increased cost there.
But what the apprenticeship also allows for other than the entry into middle class careers folks, like the women that just graduated the rising sun center for opportunity who want those jobs.
One of which came and spoke a couple of meetings ago and Berkeley resident.
What it also allows for is what I kind of alluded to earlier and that's that apprenticeship ratio.
Every local has an apprenticeship ratio that our contractors are.
Obligated to so, for our local, for example, in some areas, there's a 1 to 3 apprenticeship ratio, which means 1 and every 3 workers has to be an apprentice, which means I'm literally telling you that we are going to force our contractors to make sure.
That a 3rd of their workforce does not cost as much as the other 2 3rds of the workforce.
So we're taking out 33% of the workforce and lowering their cost.
Right that's that in itself is a huge money saver whenever you have those costs factored in there in some areas and in some classifications, it's a 1 to 1 ratio, which means 50% of that workforce is going to be paid less than everybody else.
Some are 1 and 4, some are 1 and 3, and those are all things that after we sit down and we have a conversation with these folks, then we can show them what the different classifications are the different applicability and how those cost saving measures like Mr.
Dalrymple said earlier kind of offset each other.
So, yes, there's an increase in health costs.
There's also a decrease in those labor costs because those apprenticeship ratios are required without hard hats applicability.
I think that answers.
I think that answers question for me the, the apprenticeships won't even matter because there will probably be 3 or 4 apprentices on the entire project for the duration of the project.
Hope that answers your question.
It's late.
It's past my bedtime me too, but I really appreciate your comments.
Thank you.
Very illuminating for me here.
Thank you so much.
Thank you.
Thank you.
Thank you.
If not councilmember Humber.
Yes.
Seconded by Taplin.
So we're now but I'm closing the public hearing.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Okay.
Okay.
The public hearing is closed.
And so it's not an order for the council to discuss and take action.
I would like to thank.
The appellant and the zab for all the review and due diligence.
They've done on this very complicated project and I find it.
After listening to the hearing tonight and reading all the materials, really incredibly interesting and beautiful project.
Also, I want to thank the appellant and the applicant for their presentations tonight.
I really appreciate the discussion.
I've seen nothing in the record that I felt presented a compelling justification for the denial of a permit.
I've seen nothing in the LPC or the Zab aired in their findings regarding the project secret compliance or conformance with our general and downtown plans.
If I saw something in an appeal that I felt presented a compelling justification for the denial of a permit and remanding to the zab, I'd support it.
I've seen nothing in the record that I felt presented a compelling justification for the denial of a permit.
I've seen nothing in the record that offers substantial evidence that this project or its approval process have aired in terms of our established plans and policies with respect to the environmental review.
Given this lack of evidence, I'm disinclined to reverse the Zab and contradict zaps findings.
I've also seen no evidence of a pro housing jurisdiction.
I've seen no evidence of a pro housing jurisdiction very recently.
And unfortunately, we've also recently seen the consequences of abrogating state law when it comes to project approvals.
So, for the purposes of further discussion, I'd like to move that we affirm the decision that the decision of the Zab and approve the grant of the project's use permit and deny the appeal.
And I'll move that we affirm the decision that the Zab and approve the grant of the project's use permit and deny the appeal.
I'll second.
Friendly amendments.
The applicant did agree to amendments to conditions 41 and 42, which I did show on screen.
I could share screen again.
I'd like to offer a friendly amendment to incorporate those.
Amendments to those conditions.
All right.
So, our final amendment is that the track track and visual engines will be put in place.
And then the conditions to the changes to condition 42, which staff says are consistent with.
Mr Mr Klein.
Yeah.
I just can, can the council's action this evening.
Yes, sir.
I'm working with the language you gave me regarding that language in number 42 to make sure that it's workable.
Okay, I'm just I'm working with the language you gave me so so yeah, that will be in my motion to.
Okay, I'm just I'm working with the language you gave me so so yeah, that will be in my motion to.
Okay, I'm just I'm working with the applicant's attorney to finalize language consistent with the.
Their commitment to modify condition 42.
And I accept those friendly amendments I paid close attention.
Okay.
Thank you.
Yes, as do I.
Okay.
Thank you.
Thank you.
There's important history here.
I saw a lot of movies, so the California theater growing up.
I don't want to do it myself, so I won't say what those ones were, but so I greatly appreciate the care given to historic preservation.
However, I am disheartened to hear that the applicant team declined to meet with labor groups to address concerns around worker safety.
This is not the first time that I've seen a city like this.
I believe that the city has a great law restricts number of meetings and compliant projects, but I would hope that at least 1 of those projects meetings would be devoted to resolving labor issues.
The city isn't just its buildings or its industries.
Cities are not just sites of capital and profits.
The city is also its people.
I think we could all treat 1 other degree of sensitivity and build bridges more proactively.
Thank you.
Okay, thank you council member Bartlett.
Wonderful work that of course, I wanted to share with my colleagues is great memories, great memories and I live at the loss of our theaters in downtown Berkeley and we need to bring them back.
Clearly, and you worked very creative.
But again, however, it's just, you know, I can't help but sit here and reflect as a, with my fever and Scarlett blood red eyes here.
How blessed I am how fortunate I am that I have health care.
And my family has health care.
And I've been able to provide for my family and earn a living.
And, you know, I feel so, so blessed.
And so, so, so, so it's so important that we extend this blessing throughout this community, and that the people who develop our housing and work here and people that grew up here have a pathway to earn a living and a pathway to care for their families and integrally all workers anyone setting foot in the city has the capacity to see a doctor without going bankrupt and reminding ourselves that bankruptcy is the top cause of bankruptcy in America is health care costs.
And so I do want to just really urge the applicant your future endeavors to to really see your see your economic capacity as a housing developer as part of a fulcrum of human development as well because it's all the same.
Thank you.
Thank you.
So, Mr.
Klein, just a question that I can ask a question staff the public hearing being close.
So the the space on the ground floor, the applicants providing a shell.
Or are they going to build it out.
Can you feel that.
Yeah, yeah, I was asking sorry I was asking Sharon to feel that question.
I believe they're providing the shell for now.
Yeah, my reading of the plans.
So, okay.
Well, I hope that we heard a commitment tonight to work with the nonprofit entity to help assist in finding the resources to build out the space.
I recall when when this was first proposed, you would approach a number of group arts groups in the community about the potential for this space to be reactivated.
And, you know, I think it's an exciting opportunity, but I'd like to see it come to fruition.
Thank you.
Thank you.
Because we are, we are without a single movie theater now in downtown Berkeley.
Because those projects, those those sites, those theaters are closed.
And those, those sites are being redeveloped for housing.
And I think it's great that we're building housing, but we also need arts.
We need culture in our downtown too.
And I really want to strongly encourage the applicant to continue to work with the nonprofit entity to see how we can reactivate that space.
Because I think a number of groups are kind of hoping that that's going to happen, but there's actually no firm guarantee it's going to happen because you're not building up the space.
So, I'll just say that because of a project, the size and you will, you probably have to use steel.
You can't are you doing a, I mean, I would, I, you do mass timber.
Concrete, but you have to have a steel frame.
No.
Okay, well, I, I would, I would imagine a building of this type.
You're going to have to have crafts work on the, the work.
The office is specialized work.
So, the law is very clear.
We have to approve this project.
I think it's great.
They're going to have 200 units of housing in the heart of downtown Berkeley.
So, I think it's going to be a great project.
I think it's going to be a great opportunity.
I think this helps fulfill the vision of our downtown plan.
But I hope that there will be continue to be conversations with our labor representatives as, you know, as you're going through the process of getting building your building permits and then going to construction just to look at how.
You know, how do we.
How do we as provide health care.
That that is not going to be the basis of my vote tonight because I'm looking at the, this project on the basis of laws, law and fact, but I do think that.
I think it's going to be a great opportunity for our community to be able to look at this project and make sure that they have access to health care as well.
I think those are important.
Those are important community benefits and values.
And the downtown plan and our community benefits resolution, which is not applicable because the base height is not 75 feet clearly said that things over 75 feet should provide significant community benefits.
And because of the application of state law, they are not, they don't have to comply with that resolution to provide those significant community benefits.
And so I just hope that we can honor the spirit of the downtown plan and how this project is executed.
And, but that being said.
I'm excited that we're going to have more residents in our downtown.
We're going to have more housing in our downtown.
That's good for the downtown too.
That's good for our city as well.
And I will be supporting the project, but I really want to encourage.
A continued dialogue with our labor representatives as a support.
Vice mayor.
Yeah, thank you.
I actually have another question.
Um, it's, it's, it's great that it's great that you have this community, this theater space, but it's.
It's very tenuous whether or not it's actually going to happen.
What's your plan B.
Thank you.
Madam council member.
It's extremely tenuous in these times.
We don't know exactly what's going to happen.
There's a lot of excitement.
There are 6, 7, 8 theater groups who 2, 3 in particular who want to help anchor it theater ballet music.
So, if the money can't be pulled together by the theater consortium to affect the build out, then what you would see is a more typical response on the ground floor.
The area that's the theater that's proposed as the theater would become a retail or a cafe style space and would just be a small, more neighborhood oriented retail space.
It won't be built if we can't put the money together with the theaters in the 1st place that there's a, there's literally approximately 25 to 30Million dollars.
Well, let me let Christian, so this is a pivotal moment.
This tonight, in particular, each and every 1 of you have has an opportunity.
To get the next 100 years and have that theater that you guys want by voting and affirming the hard work that we've done tonight.
They're looking fundraisers are looking to see what happens tonight.
We've already done everything we can possibly do to get a live performance theater in Berkeley in this economic times.
We've worked endlessly, no other developer in the country would do anything near this because of the hair.
So, I just want to emphasize that by putting we're putting it on the line is 25,000 square feet.
What other retailer would go in there that would fit that and if we can't somehow work with to get them and by the way, we have been working closely with them.
We have a term sheet signed and we are working with we're trying to get the fundraising, the lead fundraisers and they're like, we need to say to approve it to affirm it.
So, this is a big decision and hopefully this this will I just want to be very clear that I just wondered, you know, on.
Yeah, so basically, at the end of the day, I know I know you didn't just leave the conversation there.
I know you've had conversations about well, what if actually, no, we haven't the reason is because we're all in and you won't get that from another developer 25,000 square feet cannot be filled in this capacity with the spanning.
This whole building is designed for it there and we did that from the beginning and the plans you guys approved it, which means we have to come back in to change it.
So, that is how committed we are to this project and I really appreciate all of you recognizing it.
When I say complex, this is more than a root canal.
This is like the whole mouth getting root canals from a development perspective.
And so I just, I appreciate you guys understanding complexity.
I've done very challenging projects.
This is, this is up there and we're committed and it's indicative by the 25,000 square feet that we put in there.
So, to be clear, if it doesn't, if we can't help and get it in this economic times.
Nobody can, because we've already done everything possible and put that space.
We have to come back in and remove that square footage and put a smaller amount of retail.
That's not what we're envisioning.
I haven't given a 2nd thought to put another retailer because I believe that this will work and you have to have that conviction because everyone's saying no, it can't.
And that's how we're going to get this done.
And so we're working very closely with CTC to try to get this to happen.
And I really want it to happen.
And I said that publicly and we will stay committed to do that.
Thank you.
Thank you.
If I can just add on that.
Because I'm actually really excited by this idea.
I'm just putting this out there.
If, for whatever reason, it doesn't work out with this nonprofit entity, and that should be our 1st priority.
You know, is there some potential is it landmark? Is it some other entity who may be interested in bringing back as a single screen theater? And so it's not just all like a nonprofit.
And so it's not just all like a nonprofit.
And so it's not just all like a nonprofit.
Operate on and let me just be explicit.
We've worked very closely with CTC.
We will continue and exhaust that.
They've spent some dollars to we've helped them.
We've donated some funds to get them off the ground.
So very good partnership.
We will exhaust all avenues because obviously would take time to have to remove square footage and come back in front of you to do that.
And so we really are excited about this opportunity as is the city council, I'm assuming, and the neighborhood.
So we will do everything and I'm definitely happy to meet and talk if there is any issues.
I hope there isn't any issues and I'm old enough to remember.
I don't look that old, but I'm pretty old.
I've been in public service in Berkeley for 20 years.
The fine arts, the fine arts building.
And you were probably planning manager at that time, and it was approved with a certain understanding that there would be a shell and we'd have a theater and that never happened and they came to the zoning board.
I was there.
And I didn't vote to remove this to remove the designation, but the board did that.
So we are approving this with a certain.
Concepts, but it's access shell.
And so, I think you're hearing from us, our strong desire to see this vision a reality because we don't want the downtown just to be a place of restaurants and housing.
We need more as a city, and I think this, this project brings a lot of great things for our downtown, but this could really be a spectacular outcome.
Couldn't agree more.
We want to provide it for you.
Yeah, I just want to urge you, you keep saying live performance theater design of the life performance theater is very different from designing a movie theater.
Yes, there'll be movie by the way, the needs are very different.
And I would just like you to think multipurpose.
Great.
So, Marcy Wong has designed this theater.
The interior space and Marcy's worked with studio to fit.
Essentially a 3 story building inside of this building and turned 90 degrees from its.
Compass orientation, it is a very significant level of work that's already gone gone into putting this together.
So, we're, as as Christian said, committed to trying to pull this together for the downtown.
Just 1 thing, because I say live performance because it's, it's more than that.
Yeah, there's going to be a screen that can come down orchestra pit.
That is the level of complexity and you're correct.
I've learned a lot about theaters and Marcy has done a really good job and, you know, we have gotten to a really good point.
So I just want to be clear.
Could be a comedy show could be ballet.
It could be like, we have considered all those good.
And so just, you know, good.
Thank you.
Thank you very much.
Colleagues additional questions or comments before we vote on the motion to.
Adopt the resolution approving these permit and denying the appeal with the modified direction on the conditions.
Okay, if not, Mr.
Clerk, please call the roll the motion.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Okay.
Okay, that motion carries.
You have your spirit.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
So, with that, we'll proceed to our last agenda item.
City manager informally is about a 20 minute presentation.
This is the last meeting.
Before we have our budget adoption, so staff would like to present this information to the council.
Thank you for your time.
Thank you.
Thank you, Mr.
You're free to join us again.
I'll turn over the city manager on item 36.
I do that.
I'll make a motion to suspend the rules and extend the meeting to.
Is that a 20 minute presentation.

Segment 10

Their name.
Yes, yes, one graph city to extend the meeting to 1115.
We're going to extend a list of budget items.
Yes, Humber.
Yes.
And Mayor Eric.
Yes.
Okay.
Okay.
Thank you.
Okay.
I'll turn it back over to the city manager.
Thank you, Mr.
Mayor.
Kicking us off this evening is Sharon Friedrichson, our budget manager.
Good evening, Mayor Council colleagues in the public.
I'll bring up the presentation and I know the hours late and you've had a busy day.
So we'll do our best to expedite this presentation for you.
Of course, we were with the council just a few weeks ago on May 21st, given the council schedule, we are presenting another opportunity for the council to provide any questions or direction on the budget as well as receive any public comment.
We will be working with the budget and finance committee tomorrow on June 4th, starting at excuse me, June 5th, starting at 12 PM and we'll do our best to continue to come up with budget balancing strategies to address all the funding needs in order to adopt by June 25th, which is our next scheduled meeting.
So here we go.
So, tonight, what we want to do is again, just recap some of the slides and overview of our 25 and 26 proposed budget that we presented on May 21st, spending a little bit more time on the departmental details and funding requests.
We have a few slides on the fiscal year 25-29 Capital Improvement Program and I'm fortunate to have my colleagues from the Information Technology Department, PRW, Parks, Recreation, Waterfront and Public Works to join me in our CIP presentation and then entertain any questions you may have.
So, again, just for council and the public, this continues our discussion on budget engagement and timeline.
We've presented, departments have presented on May 8th, 9th and 13th to the budget and finance policy committees.
We've had another meeting with the budget and finance policy committee on May 22nd on funding requests, council budget referrals and budget balancing discussions.
Tonight, we're before you on this next round in June 5th, which is tomorrow, an additional discussion with budget and finance on really deliberations on funding requests and how to fund those requests.
And then we'll be back here for budget adoption on June 25th.
So, again, as we presented on May 21st, this is our snapshot.
Our revenue growth across all citywide funds is projected to grow at 2% in fiscal year 25 compared to fiscal year 24.
That's increasing to just under 5% in fiscal year 26.
However, our expenditures, as represented in the blue chart, is outpacing our revenues.
This requires us to use a combination of fund balance, which is our prior year savings, and or a combination of other strategies to balance the budget.
And when we say balance, we mean our revenues are equal to or exceed our expenditures.
So, again, as we presented a few weeks ago, our fiscal year 25 budget encompassing all our 200 plus funds is approximately $776 million.
This is an increase of $47 million, or 6% over our fiscal year 24 adopted.
This is a combination of a couple of factors.
We have increases in our salary and benefits, roughly about $44 million.
That's offset by decreases in our capital expenditures.
And we really wanted to call out that one of our primary drivers of this increase in fiscal year 25 is approximately $26 million in our affordable housing mitigation fund.
So a lot of good work and programs moving forward with our affordable housing fund.
Again, as we're putting together a tier budget, our fiscal year 26 budget, approximately $771 million decrease of about less than 1% compared to fiscal year 25.
That, again, is citywide.
Our general fund budget, however, continues to sustain growth approximately about 20% or just under 4% in fiscal year 26 compared to fiscal year 25.
Again, when we look at our expenditures and where we're spending our money, it's primarily on salary and benefits.
The chart to the left, again, is our citywide expenditures.
Our salary and benefits are about 53% of our budget in fiscal year 24.
Fiscal year 26 is not represented on this slide, but it's very similar in fiscal year 26 to fiscal year 25.
When we move over to the general fund, however, our personnel expenditures are about 70% of our general fund expenditures.
Again, a little bit of a larger increase in personnel when we just look at our general fund as compared to our citywide expenditures.
Again, those trends and those percentages are very similar between fiscal year 25 and 26.
When we look at our expenditures by department, you can see that our expenditures, again, for the general fund are primarily housed in public safety, police, and fire, represented by the green and the purple or the bottom half of our pie chart.
That's approximately 50%.
General government, which is up on the top of the pie chart in blue, about 17%, and HHCS, Health, Housing, and Community Services, about 12%.
Again, focusing on the general fund, this changes a little bit.
When we look at our citywide expenditures, which we talked about at our last meeting, public works is the largest expenditure across all funds at 24%.
When we look at the general fund, only about 3% is allocated to public works.
Again, here's the dollars across our departments for our general fund expenditures.
You can see across the board we have programmed and projected expenditures for fiscal year 25 and 26 compared to our 24 adapted budget across all the departments, primarily related to personnel-related costs, labor adjustments, personnel, and health insurance, which we talked about extensively at our last meeting.
What we wanted to do tonight is just really delve in a little bit more into the expenditures on the departmental level.
There's a general fund funding request that has also been included in our supplemental packet for council and the public to follow along.
Again, we want to just provide a little bit of a snapshot of the departments, their budget, their staffing, and their priorities, and their requests for the upcoming year.
Again, there's both a funding request and a detailed proposed budget for fiscal year 25-26 that breaks down these expenditures by department and division that's in the packet for the council and the public to follow along with.
Again, if we follow our pie chart and look at our category of expenditures, the first broad category is general expenditures in alphabetical order.
We start with the city clerk, about a $3.5 million budget.
About $2.9 million of the city clerk budget is from the general fund.
That's about 81%.
The balance comes from the fair elections fund.
The city clerk has about 10 FTE.
They do have a funding request for their paperless contract workflow project.
They do have a funding request for their paperless contract workflow project.
They're really focusing on implementation of the November 2024 election, continuing to work on streamlining and captioning services for council and commission meetings, and continuing to look at hybrid meetings.
So, again, that's about $2.9 million of the city clerk budget.
That's from the fair elections workflow project, a great project in terms of efficiencies, also reducing our paper and contributing to our climate efficiency goals.
But, again, not critical at this point in time, and we have categorized that as a tier 2 request.
Thank you.
So, what I'd like us to do is to advance to the capital improvement, and we can follow this up in the budget and finance policy committee.
So we don't have to go through each department's details.
Let's move to the capital improvement presentation, and then we can share this information later at the budget and finance policy committee if needed.
Thank you.
Thank you very much.
Let's get through all this to our high-level categories.
Our public improvement category, again, for fiscal year 25 and 26.
You can see on this slide, we have a very detailed capital improvement plan that we have included in supplemental 2.
This is our planning document for the next 5 years, and for fiscal year 25 and 26 in particular, you can see, as allocated on the chart, the request across the various categories of our capital improvement programs.
You can see there the different categories of our capital improvement programs.
Transportation, our waterfront or camps program, equipment facilities, IT, sewers, sidewalks, and stormwater.
And the big portion of our pie chart there is the streets program.
Again, for our 5-year total request, about $353 million.
You can see there the breakdown between the different funding sources.
What's important to note is the CIP fund at the bottom of the chart.
About 25% of CIP, of course, is 100% general fund, and up at the top, the little sliver in orange are general fund as well.
These are some of our highlighted projects that have been improved and enhanced for the benefit of the community, and my colleagues will be speaking about this momentarily.
And you can see here our capital budget in terms of the funding that is requested, both for 25 and 26.
Again, from the pie chart, we have that broken down by the different categories.
Our camps fund, our facilities, IT, which is a new component this year, other infrastructure, parks, sidewalks, stormwater, transportation, and our waterfront managed by our parks, recreation, and waterfront department.
And again, here's a list of the requests.
These should be reflected in the general fund request documents that the council has before them.
And again, my colleagues will be speaking to these in more detail, but you can see that our CIP funding requests, about $3.3 million in 25 and about $8.4 million in fiscal year 26.
And again, we have that broken down by the different categories.
It's important to note that in 23 and 24, we were really able to augment our funding for capital improvement projects because of our increase in excess property transfer tax.
And again, we have that broken down by the different categories.
And again, it's important to note that in 23 and 24, we were able to augment our funding for capital improvement projects because of our increase in excess property transfer tax.
And again, we were able to curtail our capital spending and really try to prioritize in terms of the most salient projects for public health and safety.
And again, my colleagues will be speaking to these in more detail, but you can see that our CIP funding requests, about $3.3 million in fiscal year 26.
And again, we have our CIP, PRW and public works with us to really highlight their capital needs.
I appreciate all their efforts and also would like to thank my budget team, including Mark Har, who's really done a stellar job in producing our five-year CIP for your consideration tonight.
So with that, I'm going to turn it over to Mark.
And what we're going to do is limit our presentation to about three minutes, and then we'll hand it over to the next to limit to three minutes as well.
Thank you.
We can't hear you, Kevin.
Now, I hear me.
Can you hear me now? I can now.
Yes.
Thank you.
Yes.
Okay, so thank you, everybody.
I will try to keep this as short as I can.
So thank you, Mr.
Mayor, House members, and everyone else.
I'm Kevin Fong.
I represent the IT department.
And along with me tonight, I have Barry Jennings, our senior IT manager, Jeffrey Glover, our manager of IT finance and administration, and Brian Brath, IT infrastructure, in case there's any questions.
I do want to start by saying that IT is a silent partner or utility service that keeps the city connected in computing.
We're now, I guess, the PG&E, or East Bay MUD, and that we provide the core service that you just expect when you walk into the office.
We are, in one form or another, involved in everyone's business.
And that being said, it should be recognized that we are a cost center and not a revenue center, thus this budget talk is very important to us.
So in tonight's presentation, we'll briefly discuss IT's unfunded needs for FY 25 and 26, as well as look at our five-year CIP forecasts.
We'll look at cost breakdowns for FY 25, 26, and our two main categories, which we defined as infrastructure and software.
I'll also discuss some of our challenges and then close out by taking any questions.
Our CIP funding needs for the next two years total about $3.4 million, of which $2.4 million is for infrastructure, maintenance, and upgrades, and the remaining million for software and solutions.
And when I use the term infrastructure, I'm asking you to think along the lines of physical assets, such as servers, routers, switches, fiber, similar to the wiring and appliances you have in your household.
They run, but they do get old.
And when I mention software and solutions, I'm referring to the tools the city and departments use to conduct their business.
Customer service apps, financial assistance, et cetera, that's what I'm talking about.
You can think of them like your cable or TV service within your house, how you might upgrade your cable every few years or change your phone plan to get more services at lower costs.
The fact is, over time, things get better.
And finally, I want to touch on our five-year CIP plans to fund major longer-term infrastructure needs, such as expanding our fiber capacity, providing more redundancy, and eliminating single points of failure.
As technology improves, we need to make sure that we're future-proof and can handle the increased capacity that comes with it.
And we talked about these two infrastructures.
So this past year, we've accomplished quite a bit in capital improvements, some of which were unexpected and unfunded.
Our battery backups or UPSs have long been neglected and simply failing, which required us to take immediate action and replace.
This is something we hadn't planned until a few years, but it happened sooner than expected.
We also completed last year our next phase in our voice-over IP phone system, or our Amaya system, in order to heighten security, because they are computer-related, and prepare for cooler things coming up like soft phones and stuff like that.
We also spent a significant time helping FHIR move into their new location at 1007 University and the rent board moving into 2000 Center Street.
But we also work with PRW to install new security gates.
For the next two fiscal years, we have ambitious plans to downsize our data center at $2180 million to reduce operating costs, improve reliability, and regain floor space.
And we are continuing to invest in cybersecurity measures, which we cannot go into too much detail here, but includes things like vulnerability scanners.
On the software and solutions side, we have quite a few accomplishments, but some of the more significant ones are the asset work system, which replaces our current fleet module and funds, manages over 800 assets, ranges from cars and pickups to trucks and lawnmowers, and approximately $1.6 million in monthly expenditures and revenue.
And we're planning on modernizing our global infrastructure even more, which contributes to our data center downsizing and addressing new software licensing demands brought on by the Fair Work Week initiative.
For those who remember the BASF old commercial slogan, I quote, with IT, we don't make a lot of the products you buy or use.
We make a lot of the products you buy or use better.
But while we roll on, we're not without our challenges.
I know this is real wordy, so I'll just skim right over it.
We've had stability issues.
I'm the third director in three years.
I plan to be around and maintain some stability.
But, you know, it has affected our ability to be strategic.
And just like other departments and municipalities, we've been hovering around a 16-18% vacancy rate, although we've made great strides recently in hiring.
We're also facing workplace issues.
As post-pandemic, more and more folks are returning to the office, and our current floor plan is inefficient, inadequate, and needs retrofitting and modernization.
We also have, and I'm sure everybody knows about this, an old system called Funds.
It's an old IBM AS400-based platform, a customized software written only for Berkeley.
And our internal resources can support it are nearing retirement age, and it won't be long until that skill and knowledge goes away.
We also have the stigma of not being considered an infrastructure.
And as I stated before, we need to be thought of as our infrastructure does get old and does need maintenance.
We're moving towards integration with our fellow departments, hoping to leverage confidence and scale.
For example, a dig-once policy, when a street's dug up, let's lay out some fiber or some conduits.
And finally, we have to deal with the aftereffects of COVID itself.
The stay-at-home, work-from-home model forces to quickly supply computers for the mobile workforce.
And bottom line is now a lot of our employees have two computers that we need to support.
I conclude by thanking you for your attention and allowing us to bring IT to the forefront of your awareness.
We are in so many different disciplines throughout the city and are looking forward to improve the way we do things and the speed of those things.
At that, I leave it for any questions.
My colleagues and I are happy to answer any.
Why don't we go to the next presentation, and we'll take questions after all the presentations.
Mayor and Council, this is Scott Ferris with Parks, Recreation, and Waterfronts.
I'm here with Christina Erickson.
We're going to quickly share and get rolling on our presentation.
Okay, so..
Okay, next slide, Christina.
We're here tonight, and we are going to tell you what we've completed really quickly, what we're doing now, what we will do in Fiscal 25 and 26, and what's not funded in Fiscal 25 and 26.
Next slide.
This is our annual baseline and CIP funding.
It's just about a little over $1.8 million, the bulk of it at this point from parks tax.
For FY 25 and 26, we're looking at a $4 million reduction in general fund CIP compared to 23 and 24.
Next slide.
Other PRW funding sources.
Just really quickly, this is just a portion of them.
We brought in over $130 million in the last 20 years in grants and a variety of other agreements and been very successful at funding a lot of our projects via this way.
Next slide.
This is how we plan on spending what's allocated.
Now, in Fiscal 25 and 26, you see the big allocations to MLK Yap, which will go to construction in 25, and the Tom Bates Regional Sports Complex, restroom, community space, pickleball courts, and soccer field, which will go to construction in FY 26.
Next slide.
Our unfunded need, we have about $224 million in unfunded need.
It's gone up in the last year or two, but only because costs for construction have gone up.
Our unfunded need in the waterfront, parks, camps, and pools has decreased from where it was.
If we were talking about 2022 dollars via T1, Phase 1 and 2, all kinds of grants, general fund, and parks tax.
To the right are photos of the seawall in the South Cove and a photo of the Glendale-Loma 5-12 place structure.
Both seawalls are in need of total replacement.
The seawall is rusted and has a limited lifespan.
The Glendale-Loma playground, like some other playgrounds have, the foundation of it is no longer solid.
The wood posts are rotting out, and the facility is not ADA accessible.
Next slide.
Really quick here, these are some of the projects we wanted to fund that we are considering high need or emergency projects.
The South Cove fused seawall, which you just saw.
A South Berkeley landscape project.
James Kenney Park public restroom.
And we talked about the play area Glendale-Loma.
Also included here is the Cazadero Camp Riverbed Erosion Project.
And that $300,000, it's actually a $600,000 project.
The $300,000 would be matched by the nonprofit that operates the facility.
Next slide.
Another list of high-priority needs.
The ones in green at the bottom are ones we're applying for grants for in this calendar year.
Next slide.
Just really quick, recently completed projects.
This is not a complete list for this year.
But we wanted to at least show you a few things and talk about all the great things we've completed.
You see here the Grove Park 5-12 play structure.
And next slide.
On the left, you see Ohlone Park 5-12 and 2-5 play structure.
To the right, you see an opening, which we just had a couple weeks ago with Councilmember Bartlett there in the middle.
We had a celebratory opening with the Willard and the Longfellow girls' softball teams.
Next slide.
Also here on the left-hand side, you see the Aquatic Park tree planting project.
And the crane, the new crane in at the South Cove.
And this photo kind of illustrates.
It's tough to see the Phase 1 work that was done at Casadero, the riverbed.
But in the right-hand side, you'll see that's the same building, which is down on the left there, the first photo.
That is the dining hall when the river gets high and why we need to deal with the erosion.
There's been a significant amount of erosion in the last two years.
And so that is a high-need project.
Next slide.
Completed construction.
Also, we did the piling project in the marina.
And we've done several new community gardens.
And this is one of them.
It's a 63rd Mini Park.
And in the back of this park on the left-hand side is this community garden.
It's amazing.
If you haven't been by, you've got to go inside the park to take a look at it.
Next slide.
A lot of construction in progress right now.
There's a picture on the right-hand side of the EV charging stations that are going in at Tuolumne.
There's about eight of these.
And next slide.
You also see on the left-hand side the foundation being poured over Willard, which happened just a few days ago.
And the conceptual design of what a boulevard is going to look like, hopefully, in the next couple of months.
We're getting to the point where we're working on the landscaping down there.
And it's a very exciting project.
A lot of new utilities on boulevard.
A lot of new landscaping coming in as a result of that development.
Next slide.
Here, construction in progress.
The D&E construction begins, replacement of D&E docks begin on August 1st, along with the marina dredging on the right-hand side.
And in the middle there's a photo of the Echo Lake ADA improvements and pathway, which now leads from, this is the recreation hall, which leads from the parking lot and the dining hall all the way down to the recreation hall.
Next slide.
Funded projects that will be in construction FY26.
Once again, this is not a complete list.
We've got a lot of projects in our hands to execute in the next two years, and we're on track to get them all done.
Next slide.

Segment 11

Picture of Ohlone Park, and we've got some new lighting that's going to come in there and it's going to make it much more pleasant to walk through at night.
And on the right hand side, you see the kind of the conceptual design of what's going to happen at Tom Bates Regional Sports Complex.
We're going to have a new community space, new restroom, pickleball courts, and new soccer fields and some improvements to the parking lot.
Next slide.
And these are our planning and design only projects that we're working on currently, and that completes my presentation.
I'm going to turn it over to the Public Works Director, Terrence Davis.
Thanks, Scott.
Good evening, Council.
Terrence Davis with me, I have Wahid Amiri, our Deputy Director for Transportation and Engineering, who's going to lead most of this presentation, but I'll get us started and we'll do our best as the anchor to try to breeze through this as quickly as we can.
Next slide.
Go ahead and advance.
Oh, thanks.
So, just in terms of the format of our presentation, we're going to start by talking about the overall unfunded need, just the big picture there, and then I'll hand it off to Wahid and he'll go through each CIP program by category.
And in that, we'll talk about completed projects, those that are in construction, and then also things that are in planning and design phase.
We'll talk about CIP program funding as well.
We have one slide to go over some of our recent grant awards, which we're very proud of, and then we'll talk about, we'll end with some of the challenges that we've had, and then, of course, turn it back over to you all for any questions.
So, with that, let me turn it over to Wahid to continue the presentation.
All right, thank you, Terrence.
You guys can hear me correct? Vocals good? Yes, we can.
Sounds good.
Okay.
Good evening.
Everyone.
As Terrence mentioned, my name is Wahid Amiri.
I'm the Deputy Director of Public Works.
I have the privilege of leading our dynamic engineering and transportation divisions, including the city's ADA program.
We're just going to, given the time, just jump directly into the hard stuff.
As we know, Berkeley's infrastructure challenges add up to over $1.5 million in needs.
That's the poor street conditions we drive and bike on on a daily basis.
That's the uneven sidewalks that make walking hard, especially for our elders, disabled community members, parents, and caregivers.
And our goal, by addressing these specific challenges, helps take on larger problems the City Council has committed to addressing, like social equity, Vision Zero, climate change, and building an age-friendly Berkeley.
As Terrence mentioned, Public Works has seven categories in our capital improvement program to help us organize our work and address these challenges.
I'll present our progress in these categories.
Let's start with our facilities capital improvements.
Our major accomplishments include the Central Library project, where in 2022, we repaired and replaced a failing stucco that was falling off of the building onto the sidewalk and the entrance.
Moving on, the North Berkeley Senior Center.
In 2023, we completed seismic improvements to allow the center to be a care and shelter site for use during emergency events.
At Fire Station Number 3, in May of this year, we replaced the leaking roof and added a roof access ladder to this fire station in the Elmwood neighborhood.
Some of our projects that are in construction and planning are the electric vehicle charging stations at the courtyard.
We're eager and we're moving forward with installing 11 new EV chargers at the courtyard, and we are anticipating the construction completion by or within winter of 2025.
At our South Berkeley Senior Center, we're making seismic retrofit improvements to improve performance during an earthquake, doing ADA upgrades, and also heating, ventilation, and air conditioning improvements as budget and the contract allows us in winter of 2025.
At Alcatraz and Avalon and San Pablo University, we're building new public restrooms at these locations in spring of 2025 to better serve our community.
At my current location, 1947 Center Street, we are improving this building.
We're going to improve the, again, heating, ventilation, and air conditioning system and also mitigate the windows on the sixth floor sometime in spring of 2026.
And given the historic preservation aspect of this building, even the smallest improvements take a huge level of effort because of all this stuff that we have to go through just to make sure everything is in line.
Fire station number two, we'll replace the HVAC system in spring of 2025.
Electric vehicle charging stations citywide this time.
We're currently preparing an update to the 2020 fleet electrification assessment that will now include medium and heavy duty vehicles.
In winter of 2024, we'll use EV charger infrastructure recommendations from the assessment to prepare a fleet electrification implementation plan.
It's a mouthful, but it's worth it.
The plan will include conceptual design, a long-term EV procurement schedule, EV fleet operations, a maintenance plan, and also a funding plan.
Very robust.
Next, we'll review how we improve Berkeley sidewalks and our world-famous pathways.
Berkeley has approximately over 375 miles of concrete sidewalk.
The fiscal year 22 sidewalk replacement and shaving budget allowed us to complete approximately 28,000.
28 with three zeros at the end of it.
Sidewalk shaves throughout the city from July of 2022 to June of this year.
Probably some people that are listening or they're wondering what is a sidewalk shave? So sidewalk shaving extends the life of sidewalks to eliminate stripping hazards.
The process shaves down vertical offsets up to two inches.
This is an efficient way to make sidewalks more accessible to all with minimal interruptions and impacts to public access.
Our capital program improvements program did this, as I mentioned, at 28,000 locations in the past two years.
That's great stats.
FY'24 curb ramps and sidewalk repairs budget has allowed staff to tackle also our backlog in the 50-50 sidewalk repair program.
The 50-50 sidewalk program allows property owners to request support from the city and if they qualify, we will perform the repair and then build a property owner accordingly for half the cost.
Some stats to share with you.
From July of 2022 to June of this year, staff estimates 600 total repairs will have been completed by dual forces, meaning both contractors and public works crews.
Sorry to interrupt.
We do need to extend in order to allow the completion of the presentation.
I move to suspend the rules and extend the meeting to 11 30.
Second.
Please call the roll.
Council Member Kastorwani? Yes.
Kaplan? Yes.
Bartlett? Yes.
Khan? Yes.
Wengrach? Yes.
Lunapara? Yes.
Humbert? Yes.
Mayor Arrogan? Yes.
Okay.
We're good to go to 11 30.
Back to you.
Thank you.
Okay, moving on and I'll try to make it a little bit more swifter.
So Berkeley streets, as we know, gets a lot of attention.
We probably shared the stats before.
We have approximately 216 centerline miles of improved streets.
The average pavement condition index, PCI, is 55 on a scale of 0 to 100.
And unfortunately, PCI of 55 is considered poor condition.
But the good news, our new five-year pavement plan for FY24 to 28 includes 47 miles of pavement rehabilitation.
Our annual street rehabilitation of pavement work for FY22 and 23 has completed 11 lane miles of street paving and 5 lane miles of surface ceiling.
So a lot of good works, not just on residential collectors, but we've also finished considerable repairs in the Wildcat Canyon due to landslide by constructing a retaining wall on Wildcat Canyon Road and a lot of other improvements that unfortunately we don't have time to go over.
So we'll go to the next slide.
With climate change and the growing Berkeley, addressing our aging storm water management structure is very important to us as well.
As some of us might know, we have approximately 78 miles of underground pipes, 5,800 storm structures, and 30 green infrastructure installation.
And just to read off some of these improvements, Strawberry Creek culvert repairs will repair several locations under the public right-of-way for conditions assessment and as funding allows us.
And then going down to Wild Canyon that I mentioned earlier, there's improvements there and we're coordinating with the East Bay Regional Park District also to have coordinated improvements in their parkland area as well.
One of the keynotes on this slide is the stormwater master plan.
We are in the process of evaluating the city stormwater collection system and providing guidance and prioritization for addressing deficiencies.
We have good projects in the planning design pipeline, no pun intended, but again we are pursuing grants.
For example, at the West Berkeley and Aquatic Park stormwater improvements, we are seeking a 1.5 EPA grant to match 1.5 million of stormwater funds so we can get the job done.
Next, let's talk about our sewers.
About 254 miles of city-owned sanitary sewer mains and about 130 miles of city-maintained sewer ladders in Berkeley.
Just some stats to share with you so we can go quickly through the slide.
An FY23 program would replace and rehabilitate approximately 4.4 miles of sewer mains throughout the city.
That fiscal year, we also made 19 urgent repairs and addressed 19 acute deficiencies to sewer manholes and pipes.
In the fiscal year 24 program, we will replace or anticipate replacing and rehabilitate 5.3 miles of sewer mains at very slow pace throughout the city.
Based on the projections, we'll probably get to 24 urgent repairs to sewer manholes and pipes.
Again, with forecasts aligning to what we have achieved, FY25, we're looking at approximately 4.2 miles of sewer mains and other urgent repairs that we'll be able to fit in.
Our Transportation Division's capital improvement program has built a lot of meaningful projects that I'm sure committee members have noticed already.
Just to name a few, California Dwight safety improvements.
There's a nice picture that shows the intersection where crossing was made safer for people on foot and also bicycles.
This was implemented in 2022.
We also did some good work at Shattuck and Berkeley Way where we implemented the new rapid flashing beacons to make crossing safer for pedestrians at the intersection.
This is adjacent to new housing development.
One project that's getting a lot of attention as we all drive by it is the MLK-Quiddill.
I'm pleased to mention that the final pavement striping work for this Vision Zero project is occurring this week and I believe it actually started yesterday.
Another very notable project is Southside Complete Streets, as mentioned earlier.
Protected bicycle lanes that will be comfortable for people of all ages and abilities are being installed in Fulton and Dana Street right now.
Our goal is to have the final pavement installed prior to the start of UC Berkeley's fall semester.
I won't go through in detail, although I could, for the planning and then the design ongoing.
But again, a lot of good projects that we're looking forward to either furthering in planning or in the design.
I'll just read it off.
It's the Adeline Street transportation improvements, the telegraph, multi-modal corridor study.
One of the things, a couple of the plans that are very important to Council here.
Give me one second.
I think my office lights just turned off.
We're out of time, so let's advance to the challenges so we can give the Council an opportunity to ask questions.
Not a problem.
Thank you both so much.
I do appreciate it and I'm sorry to cut your presentation short this evening, but we would like to take it back to the Council.
Mayor, for you all to have some time this evening.
Thank you.
No worries.
We'll just stop with this.
The public works infrastructure we know is very critical to Berkeley's success.
Our public buildings, sidewalks, streets, and water infrastructure keeps the City functioning.
As we all know, public works is in high demand.
We're implementing City Council approved plans, responding to Council referrals, abiding by federal and state regulations, and we're working with the residents and businesses of Berkeley on a daily basis.
At the same time, I do want to say this publicly that we are short on resources, both people and budget, and that's why every day our team members, every person, you know, has to prioritize their work and is focused on making the most impactful and beneficial improvements for Berkeley.
So again, through this presentation tonight, I hope we've provided a solid understanding of how public works has accomplished and what we've done and, you know, some of the future projects that we're eager and looking forward to delivering in the near future.
So with that said, we'll just thank you for your time and move on.
Thank you very much for the presentation and thank you all the departments for the presentations.
I do want to ask, before we go to Council questions, is there any public comment from anyone that did not speak during the initial public comment period for item 46? I see we have one raised hand.
Caller with the number ending 500, please press star 6 to unmute.
Do you speak on the budget? Okay, I don't.
They may want to speak about non-agenda matters, although they did speak previously, so they can't speak again.
Okay, seeing no additional public comment, Council Member Taplin did want to speak, but he's not here right now.
So let me ask my colleagues if there are any additional questions or comments.
Council Member Hahn? I really just wanted to thank all the staff, especially for staying up late with and these are really beautiful presentations.
I think they're very succinct, but also very informative, and I personally will have the opportunity to ask questions tomorrow at the Budget Committee meeting, and I look forward to doing that, but I just wanted to extend my gratitude and particularly to welcome the new head of Public Works, Waheed Amiri, who's relatively new, and just appreciate them jumping in, you know, into the deep end here with their presentations and bringing forward their budget.
So just gratitude.
Thank you.
Other questions or comments from Council? No.
Councilor Bartlett, anything? No, thank you for a wonderful presentation.
Thank you.
Okay, thank you.
Okay, so I'm grateful we got these presentations tonight.
I think this is good foundational information for our consideration of the budget these next few weeks.
I do want to announce the Budget and Finance Policy Committee will be meeting tomorrow at 12 noon in City Hall, also on Zoom.
Please tune in, and I expect we'll have probably another meeting or two after that for the committee to discuss the budget further and to provide any recommendations to Council.
But really appreciate all the input we got tonight from the youth, from the families, from all the community members about different budget proposals.
We definitely take that input very seriously as we make these really difficult decisions this year.
This is probably the most challenging budget that we've had to develop in my entire time as Mayor, given in particular the decreased revenues and growing expenditures, and there are costs that we may not even be able to account for now.
Health care costs go up, utility costs go up, and labor costs go up.
So, we're going to do our best to, we will have to deliver a balanced budget and do our best to try to really find a way to prioritize those key things that have to happen now.
And some of these we'll have to probably revisit in November when we take up the Annual Appropriations Ordinance.
We'll have a better idea about how much additional revenue the City will have, because we'll close the books.
So, I just want to kind of preface the budget conversation and deliberations by the fact that we have over $40 million of requests, not just from Council, but from the Administration, and we're not going to be able to do all that this June.
And so, the City Manager has advised that we try to defer as much as possible until we get a better understanding of the budget outlook after June.
And we always make adjustments to our budget through the Mid-Year Budget Appropriations, and also the next fiscal year.
We'll probably have to make updates in fiscal 2026.
So, it's going to be challenging.
But we definitely, there are many things that this City Government needs, this community needs, that we're going to prioritize.
And you know, I really look forward to the work that we'll be engaging in the coming weeks.
And certainly, I hope that we'll have a set of recommendations from the Committee that we can bring to Council for consideration on the 25th.
So, with that, unless there's any further discussion, we can conclude this item.
Did Ms.
Morozovic speak during the initial non-agenda comment? No.
Okay.
So, we'll now take public comment.
Just briefly, I want to really thank Council for raising the issue of the movie theaters.
It was something I considered raising during that item.
And it's a real loss to our community.
And the Elmwood is doing really well.
I go all the time.
Even PFA is up.
So, I really do believe we can sustain a movie theater in this community.
I'm hoping one does return downtown.
Thank you.
Thank you.
Andy Kelly? This is open forum.
Yes, it is.
Great.
Good evening, Council Members.
As you all know, my name is Andy Kelly.
I am covering the leave of my coworker, Henry Simons, who usually represents BART for Berkeley.
I wanted to share with you that starting the weekend of June 22nd, BART is going to be shutting down MacArthur and 19th Street stations about once a month for the next two years.
These shutdowns are necessary to upgrade the interlockings, which are the components of our system that allowed trains to transfer between the tracks.
Each interlocking replacement will require substituting train service with bus bridges between Rockridge and MacArthur and 19th Street stations once a month, most months, through the end of 2026.
Riders can expect delays up to 40 minutes between those stations and less frequent service system-wide.
The red line will also be canceled on service weekends.
We understand these impacts are inconvenience for riders.
Unfortunately, the system does not have enough turnarounds or redundant tracks in this core area next to the transit tube for more frequent service to be allowed during construction for the safety of riders and workers.
You should have received an email from Henry that includes all the details if you'd like to share that in your constituent letters, but BART's also sending out passenger alerts, notifying those on our email list and their signage already up at the stations.
We've done a lot of these bus bridges and they tend to go pretty smoothly after the first one or two when folks are able to predict it.
This is the largest project funded by Measure RR, which voters passed in 2016, and we're excited that once completed it will ensure the safety and reliability of the BART system and the ability for us to better control and transfer our trains more frequently and more efficiently in the future.
For more information, members of the public may go to BART.gov slash news to check out the alert, and if members of the Council have any questions, please see Henry's email and feel free to reach out to me.
I'd be glad to provide more information.
Thank you so much.
Thank you very much.
Thanks for staying on till the end.
I hope it was illuminating.
Are there any other public comments from anyone who did not previously speak on during our initial public comment period? Seeing none, I'll move to adjourn.
Second.
Please call the roll.
Council Member Keserwani? Yes.
Kaplan is absent.
Bartlett? Yes.
Ahn? Yes.
Wengraff? Yes.
Munapara? Yes.
Humbert? Yes.
And Mayor Aragi? Yes.
Thank you.
We're adjourned.
Have a good evening.
Recording stopped.