City Council began and ended with the arts on Tuesday, July 30, in an eight hour and twenty-minute session of two back to back meetings, one at 3 pm and a second scheduled for 6 pm that didn’t start until 7:27 pm.
The entire evening of city council didn’t end until 11:20 pm.
Council didn’t finish the 3 pm meeting agenda so when they should be off on summer recess, they are meeting again at 6 pm on Monday, August 5, 2024.
If we’re paying attention, not reviewing Councilmember Lunaparra’s ballot measure on Tuesday, July 30, looks like Mayor Jesse Arreguin’s strategy to give himself and Councilmember Sophje Hahn more time to write an alternative ballot measure. The email notice that the August 5 meeting agenda posted on Thursday had been revised arrived in my email inbox at 6 pm Friday.
The revised agenda with the added alternate ballot measure now reads as one agenda item with 1.a. from Lunaparra – Placing the Berkeley Tenant Protection and Right to Organize Act on the November 5, 2024 ballot and 1.b. from Arreguin and Hahn--Placing the Berkeley Tenant Protection and Right to Organize Act and Funding Housing Retention o\n the November 5, 2024 ballot.
I was expecting a long and interesting discussion Monday evening on the Berkeley Tenant Protection and Right to Organize Act for the November election, but with the Arreguin - Hahn alternative removing Golden Duplexes (a Golden Duplex is when the owner occupies one of the two units), we might get by without having to bring rations to make it through the night, but there is a twist; keep reading.
Lunaparra’s ballot measure, if passed by the voters as written, would phase out the Golden Duplex modify grounds for eviction, allow tenant associations, limit automatic rent adjustment (rent increases) based on CPI to 3%, eliminate the ability of boards and city council to remove price controls during period of high vacancy and require landlords to notify tenants of their rights. Arreguin and Hahn removed the Golden Duplex, eliminated the prohibition of boards and city council removing price controls during period of high vacancy and added using U1 Ballot Initiative funds for housing retention.
Deleting the section on prohibiting boards and commissions from removing price controls during high vacancies, takes on a whole different perspective when you read (the article is short) “Real Estate Software Aided Price-Fixing ‘Cartel’ Among US Property Companies” by Tyler Walicek published on July 28, 2024. https://truthout.org/articles/real-estate-software-aided-price-fixing-cartel-among-us-property-companies/
Walicek covers how property companies use the program RealPage which “suggests” how high rents can and should be pushed as it is more profitable to maximize rent than to fill units. Lunaparra is on the right track with prohibiting removing price controls during periods of high vacancies as the software could very well assist the large property owners to maximize rent (price gouge the captive student audience) and manage vacancy rates to avoid rent price controls.
After investigative reporter Heather Vogell exposed the rent fixing game with ProPublica in 2022, lawsuits have cropped up around the country from coast to coast and even including Fresno, California. Maximizing rent/price gouging rather than filling units as a business plan certainly pieces together the complaint of exorbitant rents and vacant units.
To read both ballot measures on tenant protections go to https://berkeleyca.gov/city-council-special-meeting-eagenda-august-5-2024
There were ten proposed local ballot measures besides Lunaparra’s.
The community survey on the ballot initiatives kicked off the 3 pm meeting discussion.
The results of the issues identified by the city of Berkeley to survey ranked in the following order of priority for where tax dollars should be spent by the residents who responded, 1) Major investment in affordable housing, 2) Continue rehousing and providing services for homelessness, 3) Repairing deteriorating streets, 4) Planting and maintaining trees and improving park maintenance and infrastructure, including the waterfront, 5) Electrification of gas-powered buildings to reduce climate impact, 6) Expanding Sunday hours and Children’s programming at libraries, and 7) Saving and sustaining arts and culture.
The Council was considering a ballot measure for the arts (theaters, music, dance and theater organizations), but dropped any consideration of crafting a ballot measure for the performing arts when the survey respondents placed financing the arts through additional taxes at the bottom of their priorities. None of the kinds of possible tax plans, i.e. parcel tax, sales tax or transient occupancy tax (TOT – tax added onto hotel, etc. bills) garnered enough support to predict even the slimmest chance of passing a ballot measure for the arts.
Looking at the broader implications, this could spell the end of the proposed 24,273 square feet of live theater space in the plans for the 18-story mixed-use project at the California Theater site 2113-2115 Kittredge. The mixed-use development comes with 211 dwelling units (including 22 very low-income density bonus qualifying units).
I always doubted the final project would include the live performing theater and viewed it as a proposal to gain support while another three movie theater screens turn to dust in the downtown.
Now with performance theater groups struggling, no ballot initiative to bail them out and per former city planning official Mark Rhodes in his statement to council at the appeal on June 4, 2024, actually building that performing theater under the 18-story development would require raising $25,000,000 from the community. We shouldn’t be surprised if the approved project at the California Theater site comes back for modification without a live performance theater in the basement.
In the 2025/2026 budget, City Council allocated $300,000 for Civic Center Phase III Pre-Design & Construction Activities In the 2025/2026 biennial budget. The lack of support for the performing arts may also spell trouble for the Civic Center Maudelle Shirek (old City Hall) and Veterans' Buildings which comes with a total projected cost of $109,450,000 for seismic work, rehabilitation, remodeling and new chambers for city council. https://berkeleyca.gov/your-government/our-work/capital-projects/civic-center-vision-plan
In the next few years, deferred maintenance is going to catch up with Berkeley just as it already has for the visibly poor condition of the streets. While Berkeley City Council is busy disassembling zoning codes to increase city density, there has not been a whiff of attention from City Council to upgrade and replace the Fire Department facilities to match the increased density Council keeps approving. That bill comes to around $310,000,000. Those of us who attend the Disaster and Fire Safety Commission have already seen the presentation and report.
And those of us who remember the Oakland Berkeley Hills fire in 1991 probably have a different feeling about the threat of fire and the Fire Department (I know I do ) than the younger crowd that showed up at the July 23 special city council meeting on “middle “ housing, pushing upzoning, increasing density, adding housing for the entire city including the fire zones in the hills.
Back to the ballots. The two ballot measures concerning the deteriorating streets, “Fix the Streets” and “Safe Streets” will appear on the ballot without council statements for or against either measure.
Toni Mester had the best comment on the street ballot measures:
“I’m not sure as a taxpayer why we have to have citizens initiatives to do what city government should be doing on a regular basis, which is to maintain the roadways. It should come out of the general fund. It should be organized by the Public Works Department, hopefully directed by the Public Works Commission…The whole idea of having a citizens’ initiative to do something that is the basic chore of the city is perplexing.”
City Council dissolved the Public Works Commission on June 14, 2022 creating the Transportation and Infrastructure Commission. Kesarwani, Taplin, Bartlett, Wengraf, Robinson, Droste and Arreguin all voted to dissolve what I found to be the most productive commission in the city. Councilmember Kate Harrison voted no and Hahn abstained,which was interesting as Hahn led the reorganizing and dissolution of commissions for the Agenda Committee.
The new Transportation Commission seems to forget that infrastructure (a substitute for public works) is part of their assignment. At least that is what I find from reading the Transportation and Infrastructure Commission agendas.
Gretchen Whitmer had much to say about Fix the Damn Roads in a terrific interview with Ezra Klein recorded on July 29, 2024. https://youtu.be/wz0MB1JbcCc?si=ndlWxDRegi8HQ6W1&t=77
Councilmember Tregub worked on an alternative to the community ballot initiative organized by Fossil Free Berkeley for a special tax on natural gas consumption in buildings of 15,000 square feet or larger. Even with Lunaparra and Hahn joining Tregub on the motion to continue the discussion until August 5, Tregub lost. Arreguin abstained and Kesarwani, Taplin, Bartlett, Wengraf and Humbert voted no, killing an alternative ballot measure.
The Fossil Free Berkeley organizers for the special tax on natural gas use gathered approximately 1500 more signatures than needed for November election and filled a webpage with an impressive list of supporting organizations. https://fossilfreeberkeley.org/endorsements/
There was opposition to the special tax on natural gas. Emily from Boichik Bagels showed up in frustration having just made a huge investment in natural gas presumably to bake bagels.
As money pours in to oppose the special tax, I am sure we will hear more and our mailboxes will be filled with scary postcards when our November ballots arrive for early voting.
This community- based ballot measure really reflects our failure to act on global warming. We have been unwilling to change how we live. Despite the 2018 warning from the IPCC (International Panel on Climate Change) that we are running out of time to hold temperature rise to 1.5°C above pre-industrials levels, the action in the last six years has been wholly inadequate.
We just had the hottest days on the planet ever reliably measured. Copernicus, the European Union’s Earth observation programme, hrecorded an entire year from June 2023 through May 2024 as 1.6°C above pre-industrial levels.
The longer we postpone making the changes we need to get a grip on global warming, the harder it gets. “We” is being used deliberately, because everyone of us is part of the consumption driving climate change.
August 1, 2024 was Earth Overshoot Day. This is the day when humanity’s demand for ecological resources and services exceeds what the earth can regenerate in a year. If everyone lived like the population in the United States, earth overshoot day for 2024 would have been March 14. We have a lot of work to do.
In all the gloom on climate change/global warming, I like to follow David Roberts’ VOLTS podcast. Roberts’ mission in his own words, “Volts is a podcast about leaving fossil fuels behind. I’ve been reporting on and explaining clean-energy topics for almost 20 years, and I love talking to politicians, analysts, innovators, and activists about the latest progress in the world’s most important fight.” Go to www.volts.wtf or look for the VOLTS podcast on your phone, tablet or computer.
Council voted unanimously to write an opposition to the community based ballot initiative requiring adoption of minimum air quality standards in city-owned and city-leased buildings. This came out of the city employees’ experience during the pandemic and their not being able to move council on installing HVAC filtration systems to improve indoor air quality and safety for city employees. The Council discussion flowed from individual councilmember declarations of how much they cared about city employees while justifying opposition to the ballot measure as too expensive to enact.
The last of the ballot initiatives include extending the Sugar Sweetened Beverage Tax and a small increase in the parcel tax to maintain library services. There is a ballot measure adding a tax for the parks. The property transfer tax (time of sale) to extend Measure P for homeless services finishes off the list with Arreguin, Hahn, Tregub and Bartlett all volunteering to write the argument in favor of the ballot measure.
We will have a lot to think about when the November ballots arrive. For those of us that own property we’re going to need our property tax statements and calculators to work our way through the impact of everything.
No matter what shows up in that long list of ballot measures for the November election, maintaining the library services is on top of my list. I love the ebooks and audiobooks from the library and will be voting for the library ballot measure.
Our book club choice for July was the The Hammer: Power, Inequality, and the Struggle for the Soul of Labor by Hamilton Nolan which I read as an ebook from the library. One of the book club members complained to me that she wanted to read about books related to the election not a book on labor. That was, of course, before she picked up the book and Sean O’Brien, President of the Teamsters, spoke at the Republican Convention.
Whatever you have heard about O'Brien's speech and before you surrender to the pundits telling you what to think of Teamster Sean O’Brien as a keynote speaker at the Republican Convention, there is nothing like watching it. https://youtu.be/a5WlI1LK1NY?si=rjuQdig_DsmTZy_k
And yes, The Hammer fit right in to a robust discussion of the book, labor and the November election.