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Hello, everyone, it is 64. I'm we're going to get this show on the road. Are you ready?

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Uh, just about, let's make sure we are recording in progress.

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Okay, we're all good.

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Okay, hi, everyone. Sounds like we're ready to go.

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I'm going to call to order the Tuesday April 22nd, special meeting of the Berkeley City Council.

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We have a quorum here. Let's take roll, please.

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Okay. Council member Kesterwani is currently absent. Council member Kaplan.

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No, I'm actually here city, Mr. City Clerk. I need to use one of those authorized excuses to be doing the meeting via zoom.

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Yes. Okay. Well, right after the roll, we will go through the script.

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Okay. Thank you.

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Uh, and that's okay. Let's start over.

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Council member Kesterwani is present.

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Council member Taplan. Present. Present. Present.

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Council member Bartlett is currently absent. Council member Tregov.

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Present. Okay.

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Present. Black.

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Here.

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We're going to parah.

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Here.

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Humber here.

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And mayor EC.

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Here.

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Okay.

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So Council member Kesterwani is participating in the meeting remotely,

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with the Brown Act as amended by AB2449 under the just cause justification.

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A quorum of the council is present and participating in person at a physical location.

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That was noticed on the agenda and is open to the public.

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And within the boundaries of the agency.

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Council actually vice mayor, Kesterwani.

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If you could provide a general description of the circumstances relating to your need to appear remotely.

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Um, that would be medical diagnosis family caregiving need.

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Uh, or, um, chemical disease.

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Yes, my, my reason is a family caregiving need.

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Okay.

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And vice mayor Kesterwani, if you could disclose,

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um, whether there are any individuals, 18 years of age or older that are present with you in the room.

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And if so, what their relationship to you is.

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Uh, no, there is nobody over 18 in the room with me.

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Okay.

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And vice mayor Kesterwani will participate through both audio and visual technology.

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So that satisfies the requirements of the Brown Act and we can proceed with the meeting.

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Thank you.

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Um, I want to check and see if any, if any council members have any,

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I'm going to ask the council member to contact the council member.

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Okay.

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No.

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Council member Toppaine is not in the room.

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So I want to just check back in with him before he just in case.

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Um, but I do want to disclose that my staff have met with both the applicant and the appellant.

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To discuss their perspectives on projects.

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as well.

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Councillor Trigger has his hand raised.

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Oh, thank you.

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I can't see that.

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Councilmember Trigger?

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Our office met with several neighbors in several district for constituents, both in opposition

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to the project, as well as in support of the project.

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And Councilmember, I don't know if you submitted that documentation, but just want to

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make sure that you do that to the clerk.

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Yeah.

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I did not receive the form, but would be happy to complete it for it with once received.

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Yes.

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Councilmember O'Keefe.

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I met with Patrick Kennedy.

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It's also a bit of a good work.

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Thank you very much.

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And clerk, I just want to make sure that Councilmember Trigger can still get his documentation

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then.

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Okay.

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Thank you.

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Yes.

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Councilmember, thank you.

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My staff spoke with the appellant and I spoke with the applicant.

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And I'll fill out the paperwork also.

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Thanks.

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And likewise, my team and I met with the appellant about eight weeks ago.

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I think we've filled out the paperwork, but I'll make sure we do.

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Okay.

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Thank you.

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Okay.

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And just so we're clear, because Councilmember Tapplen's on the room, if he has met with someone

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will we just.

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I just want to make sure he gets a chance to disclose.

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Okay.

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That's disclosure before.

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We open the public hearing.

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Okay.

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Thanks.

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And yes, Councilmember.

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Sorry.

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We also met with the members of the Save the U.A.

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Okay.

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Great.

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All right.

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Thank you all so much.

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We are going to now move on to our action calendar, which just has one item for tonight, which

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is the Zab of Peel for 2274, Shadak Avenue.

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And we're going to start this evening.

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Just so folks know we're going to start the evening with the staff report.

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We'll have a presentation from the appellant for five minutes.

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A presentation from the applicant for five minutes.

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And then we'll open up for public comment before taking Council comments and questions at

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that time.

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Just to folks are clear about what the structure is for this evening.

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So we're going to start with the staff report.

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There's no non agenda public comment at a special meeting of the City Council, only at

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a regular meeting of the City Council.

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Thank you, Mayor.

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Good evening.

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Council members.

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I'm Jordan Klein.

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I'm director of planning and development.

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Join here at the staff table by.

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I'm a attorney, Mr. Strash, the Lannes Planning Manager and Sharon Gong Principal

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Planner on our project team.

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And Sharon is going to be making the presentation on behalf of staff.

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Thank you, Jordan.

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Good evening.

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Mayor, Eishie Council members and the public.

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This hearing is for the appeal of Zab decision to approve youth permit.

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ZP 2023.

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0 0 7 9.

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For project at 2024, Shadak Avenue.

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I'm Sharon Gong, the staff project planner.

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I will give an overview of the project as approved, and then present the main appeal points and staff's response.

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The project site is an irregular L-shaped parcel located within the downtown area plan.

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In the CDMU downtown mixed use district, quarter sub area, with its main frontage on Shadak Avenue, and its secondary frontage on Bencroftway.

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The project site is surrounded by commercial, residential, institutional, and mixed use residential buildings ranging in height from one to five stories.

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The site is currently occupied by a state historic landmark, the United Artist Movie Theater, which was originally constructed in 1932,

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and which operated as a movie theater venue until its closure in February 2023.

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The project proposes to demolish the movie theater, except for the front facade on Shadak Avenue, as you see here, along Shadak, which will be preserved and restored, and the theater lobby behind it.

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That's the one story volume behind the facade on Shadak, which would be renovated and repurposed and incorporated into the new building as a cafe.

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The project Senate Bill 330 preliminary application vested the site's historical resource status as not a city landmark in November 2022.

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This vesting by state law prohibited the landmarks preservation commission from denying the demolition of the theater, or from posing conditions related to a cultural or historic resource protections on the project.

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The demolition of the theater was referred to LPC for review under the use from an application.

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In addition, a landmark initiation application was submitted in December 2023 by say the UA Theater organization, who is the Pellants in this appeal.

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The UA Theater was designated by the LPC as a city landmark in March of 2024.

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In its review, the LPC considered the request to designary staff.

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We need to take a brief recess. Something's come up. Okay, excuse us.

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Recording stopped.

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We're going to take a brief recess.

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We're going to take a brief recess.

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So sorry about that, Sharon, sorry to interrupt you.

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So Council Member Taplan needs to recuse himself.

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He's going to read his statements and I just want to make sure we take care of that before we go any further so.

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Good evening.

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Even though I have not been advised.

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Recording in progress.

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Even though I have not been advised of a conflict, I am recusing to avoid even the appearance of a conflict.

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Good evening.

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Okay.

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I think we can continue on with the presentation.

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Thank you.

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Thank you.

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In its review, LPC consider the request to designate the entire theater building, including interior elements as a city landmark.

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But chose to designate only the building facade and its decorative detail as the distinguishing features to be preserved.

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In its designation, the LPC specifically identified the upper portion of the Shadak Avenue building facade and the decorative features seen here on the slide.

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As the character defining feature that should be preserved and restored.

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The project's impact on cultural resources under SQL, however, was not affected by the LPC's designation.

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To give a bit of legislative framework for the SQL discussion, I'll provide some information on the State Housing Accountability Act and Assembly Bill 1633.

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The Housing Accountability Act is a state law that was enacted in 1982 that promotes infill development and that streamlines housing development in the state.

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AD1633 is a law that became effective in January 2024, which made revisions to the Housing Accountability Act to allow developers to claim that a violation of the HAA was made.

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If a local agency fails to determine exemption from environmental review or SQL for a project, when the project is eligible.

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The UA Theater Project applicants submitted an AB1633 notice on March 4, 2024, along with technical reports to support an exemption from SQL for the project.

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On October 4, 2024, after reviewing all evidence on the project record, staff determined that the project was categorically exempt from the provisions of SQL,

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because the project meets all of the requirements for the infill exemption.

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Further, staff determined that the project would not result in a substantial adverse change to the historical resource due to the preservation and restoration of the main character defining feature of the resource, namely the upper static facade.

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And therefore, the project would not meet the criteria for the historical resource exception to the exemption, which would have disqualified the project from using the infill exemption.

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On December 12, 2024, the Zoning Adjustments Board approved the use permit to demolish the theater, preserving the static facade and the theater lobby, and constructed mixed use building that is 17 stories, 183 feet in height, has 227 dwelling units, 23 very low income density bonus qualifying units, approximately 8,000 square feet of usable open space and a 900,000 square feet.

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Here's a comparison of the existing theater facade and the proposed building facade with a new 17 story volume behind it.

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This comparison shows how the project proposes to preserve and restore the main character defining feature of the theater that was identified by the LPC in its landmark designation.

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On January 13, 2025, the city clerk received a letter of appeal for the Zad's decision from Susan Branthali on behalf of Save the U.A. Berkeley.

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Next, I'll be summarizing the main points of the appeal letter and staff's response to each.

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In the first appeal point, the appellant asserts that the U.A. theater is a mandatory historic resource via its listing in the California Register of historical resources,

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that its historic status encompasses more than the facade, and that substantial demolition of the theater would cause a substantial adverse change in its historic significance, and therefore the historic resource exception to the secret exemption applies.

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The city recognizes that the U.A. theater building is in historic resource as defined in the SQL guidelines, and that the building as a whole was designated in the California Register of historical resources in 2006 by the state.

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However, the applicant has submitted substantial evidence that the building has been significantly altered over time, such that its character defining features no longer convey the site significance.

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The historic resource evaluation extensively evaluated the history of alterations to the building and found significant loss of integrity that negates the property's ability to convey significance.

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The project impact analysis evaluated the building's

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This current condition and proposed project's consistency with applicable secretary of interior standards

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of for rehabilitation. The PIA concluded that the project would not cause substantial adverse

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change to the remaining character defining features of the theater building that still conveys

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significance, namely the upper front facade, and that the proposed project is consistent with

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the secretary of interior standards for rehabilitation. To make the secret determination

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for the project, staff reviewed all of the evidence in the record, including project application

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materials, plans, and technical reports, city consultant peer reviews of the submitted technical

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reports, including the historic resource reports, the LPC's landmark designation,

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notice of determination and findings, city attorney guidance, and city council's deliberations

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at the closed session meeting held in September 2024. Staff also considered the city consultants

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revised PIA, which recommended contrary to the applicant's PIA, that the demolition of the theater

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would result in substantial adverse change to the historic resource, and that the secret exemption

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could not be used for the project. Upon consideration of all of these evidence, staff determined

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that there is a substantial evidence on the record that the project meets all of the requirements

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for a class 32-info exemption from the secret view. Further, staff determined that the project

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would not result in a substantial adverse change to the UA theater historical resource,

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because it proposes to retain the architectural design and details of the upper shatiks facade,

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the character defining feature that embodies the theater's historical significance. And therefore,

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the historic resource exception would not disqualify the project from the secret exemption.

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In the second appeal point, the appellant argues that the categorical exemption is not consistent

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with the downtown area plan, including policies for protection and expansion of historic theaters,

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that specifically referenced the UA theater. The city's downtown area plan is comprised of broad

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policies and goals that guide development in the downtown district. It includes policies and goals

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that encourage the retention and expansion of cinema, along with live theater and music venues,

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with the goal to strengthen the downtown as a prime regional destination for these types of art.

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Specifically, the economic development policy ED1.7, entertainment and culture in the DAP,

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speaks of a goal of preserving cinema in the downtown. If photograph of the UA's theaters front facade

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is included in the figure in this policy, as a figure in the policy section, and the theater

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is described as a building that helps to contribute to the special sense of place that distinguishes

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downtown from other destinations, along with the California theater and music clubs and live theater

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venues in the area. The project complies with this policy by preserving as much of the existing theater

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as is feasible, the front facade and the lobby area. A structural review member, which submitted,

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which was submitted by the applicant's structural engineer to the LPC for its landmark review,

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concluded that substantial definition of the theater building would be required in order to bring it

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into compliance with current seismic and building code, and that preservation of the larger building

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would not be feasible. Consequently, the ZAB found that the project is consistent with all applicable

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objective general plan and downtown area plan goals and policies, as discussed in the ZAB's

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staff report, and the board approved the project accordingly. In the third appeal point, the

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appellant asserts that the project description relied upon in the ZAB's review is not finite or stable,

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and is inadequate for consideration for the categorical exemption, for the applicant's recent

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public assertions that the application would be substantially modified. Staff determined that the

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secret exemption applies to the project that is represented in the plans, and that is described

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in the use permit that was approved by ZAB on December 12, 2024. Any substantial change to the project

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as approved would be required to undergo a use permit modification that is subject to a new staff review,

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including any review required pursuance of ZAB and a decision by the ZAB on the modified project.

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To date, no application to modify the approved project has been submitted to the city.

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In the fourth appeal point, the appellant asserts that there was a potential due process violation

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in the ZAB proceedings, based on the representation in the applicant's letter to the ZAB,

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that the city approved the class 32 categorical exemption in October of 2024 after deliberation

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by the city council and in consultation with the city attorney, and there has been no public review

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before any city council deliberation regarding the subject categorical exemption.

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It is acceptable under secret, and is common practice for exemption determinations to be made at the staff level.

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Staff review the project in accordance with the regulations and timeframes set forth in AB 1633,

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that apply to projects in which invoked the law to ensure that the city determines a project

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to be exempt from ZEQUA when it is eligible. The CD council met in close session on September 24, 2024,

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to discuss potential litigation related to the project under ZEQUA as publicly noticed.

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No public discussion. No public discussion. One second. Folks in the audience, please keep your

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comments to yourself and everyone. Taste make sure your phones are off and put on silent.

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No public discussion regarding the secret determination is required by AB 1633 or the Housing

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Accountability Act, and the city is not obligated to disclose discussion conducted in closed session.

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In the last appeal point, the appellate asserts that the ZAB was not provided with all

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relevant city reports from the architectural historians regarding the UA theater.

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The city consultants peer review of the historic resource reports and the revised PIA

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were publicly released concurrently with staff's SQUA determination letter on October 4, 2024.

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Staff had already made the SQUA exemption prior to the ZAB hearing on December 12, 2024.

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The reports that staff relied upon for the SQUA determination were not necessary for ZAB's

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deliberation on whether to approve or disapprove the project's use permit, and thus were not included in

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ZAB's hearing materials. Nevertheless, all technical reports were publicly available well in advance

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of the ZAB hearing. In conclusion, the project is exempt from SQUA under the in-fill exemption

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and pursuant to the Housing Accountability Act, the project is compliant with all applicable

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objective planning standards, and cannot be denied nor can the density be reduced unless findings

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of specific adverse impact to public health and safety can be made. Finally, pursuant to state

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permit streamlining laws, tonight's meeting is the fourth out of five meetings that the city can

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conduct for a decision on the budget. That concludes staff's presentation. Thank you.

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Thank you very much for the presentation. We are going to move on to the presentation from the

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appellant before moving on to the presentation from the applicant. Will the appellant please come forward?

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And then for the applicant, if you could just prepare anything that you're trying to move forward,

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close your up to the front. Thank you. Please start when you're ready, and you might want to move

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the mic up higher. Good evening, Mayor Ishi and members of the city council. I'm Tom Lippie,

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I represent the appellant, save the UA Berkeley. So this is the last 32 categorical exemption from

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environmental review under SQUA. That staff and the zoning adjustment board granted for this project.

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My presentation is about a provision in SQUA that prohibits the use of a categorical exemption,

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where a project, quote, may cause a substantial adverse change in the significance of a historical resource,

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unquote. That section 21084 subdivision E, I'm going to use that number or that section number often.

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There's a similar provision in the SQUA guidelines which staff referred to, and those are regulations issued

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by the Secretary of Resources, a lower level of government than the legislature, which SQUA was adopted by.

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It's one, and the historical resource exception is one of six exceptions that

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preclude the use of a categorical exemption. The staff and his ad decided that the exception in the

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SQUA guidelines did not apply based on reports prepared by the applicant's consultant left coast,

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which found that all parts of the building except the facade are no longer historically significant,

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and therefore demolishing almost all of the building except the facade would not cause a substantial

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adverse change in the historical significance of the building. That staff retained its own consultant

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Rhincon consulting to peer review left coasts reports and Rhincon reached three important conclusions.

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First, that left coast improperly segmented their analysis of the historic significance of the building

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and whether the project may have a significant impact on it between the facade and the rest of the building.

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And Rhincon pointed out that under guidelines issued by the National Register of Historic Places,

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parts of buildings are not separately listed, so you cannot analyze impacts on the resource

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by dividing it up and excluding parts of it from the analysis that was done here.

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This guidance is also the policy of the State Historic Preservation Office. It's shown in a letter from

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that office that's attached to exhibit four to my April 9 letter, and I would encourage you to

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read that exhibit four because it deals with a project very similar to this one where a facade was

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retained and the rest of the building was proposed to be demolished and the State Office said,

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you can't get around sequa with an exemption by doing it that way because the entire building

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has to be analyzed as one. So that wasn't done here. It's clearly violate State Policy.

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Rhincon's second conclusion is that left coast improperly failed to consider the irreversible loss

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of any future opportunity to use the building as a theater as a significant impact because

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the building's use as a theater is an important feature that conveys its historical significance.

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And so Rhincon's third conclusion is that when you correct these errors, you in fact have a project

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that may cause a substantial adverse change in the significance of the building. So for over 40 years,

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the sequa case law has held that where sequa uses the word may in connection with causing

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significant effects. The fair argument standard applies. The standard applies to section 21084E

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of sequa because that section uses the word may. In connection with causing significant effects.

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The standard is environment friendly because it requires resolving disagreements between experts

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in favor of conducting environmental review under sequa. And applying the standard here is straightforward

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because Rhincon's opinions are substantial evidence supporting a fair argument.

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So this requires resolving the disagreement between Rhincon and left coast in favor of not applying the

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exemption in conducting environmental review under sequa. The applicant contains that AB 1633 changed the

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legal standard for whether the guidelines exceptions preclude the use of the categorical exemption

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to a standard that favors development the so-called substantial evidence standard. This argument actually

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doesn't make any sense because the new provision in AB 1633 only refers to the exemption exceptions

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in the sequa guidelines. It does not purport to refer to or address section 21084. I'm sorry 21084E of sequa.

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So the applicant now has to engage in another argument that adopting AB 1633 the legislature

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engaged in something called implied repeal of section 21084E. But courts will avoid finding implied repeal

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if two statues can be harmonized using established rules that govern interpretation of statutes.

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Here the two statutes are easily harmonized because section 21084E is more specific than the new provision

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in AB 1633 and the established rule governing the interpretation of statutes is that the

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more specific statute will prevail. Therefore section 21084E preclude the use of the categorical exemption.

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You can finish your sentence. Yeah I have one more sentence really. I just want to close by noting

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that what is missing by not preparing any IR is the end up the analysis of feasible mitigations

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or alternatives that might reduce impacts more than this project would. Okay thank you.

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Okay so the applicant now will give a presentation for five minutes plus one sentence since I

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allowed one sentence extra.

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Feel free to if you want to wait till they're set up that's fine too just.

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All right. Good evening, Mayor Ishii and members of the city council. My name is

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Robyn Brawl. I'm a partner at Hanson Bridget, LLP and Lee and Lee and just council for the project.

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Patrick Kennedy with panoramic interest is also here on behalf of the project sponsor, and

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as ASTAC House, we're tracking Burke. Now, STT is here as the applicant and project architect.

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In responding to this appeal, first I want to emphasize that I have responded to some of the key

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issues and a letter to the city council that I've submitted to the city.

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Second, I want to recognize a challenge that the city council and the Berkeley community pretty much

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everybody has in keeping up with the evolving state housing laws in California.

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AV1633 is a bill that was sponsored by the Bay Area Council in 2023 and took effect in January

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1, 2024 by amending the Housing Accountability Act to change the way

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secret exemptions are processed for a small subset of high density and field residential projects,

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such as this one. In my role as a housing committee chair as the Bay Area Council,

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I have had direct insight into the bill's framework and its legislative intent.

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I can say with complete confidence that this project meets all the eligibility requirements

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of AV1633. The applicant's legal letter and his testimony goes into detail about the standard

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of review under SQA. These are the general rules that he's citing. My letter response to those claims

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also in great detail. To summarize briefly, for this project, if the city were to use the fair arguments

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standard in reviewing this project under SQA, that approach could result in a HA violation if it were

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to prevent the city from following the express statutory mandates of AV1633. There's three court provisions

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of AV1633 that are worth mentioning here. Now, for these projects, the HA puts the burden on the

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project applicant to prove an exemption applies and the burden was on the applicant to prove that

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there are no exceptions, including the historical resources exception that would disqualify the use of

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an exemption. After the applicant provides this information through notice to the city, the city

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has 90 days or up to 100 up to 180 days if more time is needed to review the notice and confirm

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that it is supported by a substantial evidence. Third, a city is liable under the HAA if substantial

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evidence provided by the applicant is provided by the applicant but the local agency does not determine

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that the project is exempt. This framework is important. It shifts how the burden of proof operates

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for the small subset of projects. The applicant followed the statute and now is required

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submitted in AV1633 notice in March 2024. The notice was based in part on findings from Lefka's

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architectural history, the historian that prepared the historic resources evaluation and project

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impact analysis. The historians spent more than six months gathering records from every available

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archive, compiling those materials, comparing them to prior surveys, addressing inconsistencies

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and prior surveys and ultimately preparing a detailed asher which was finalized in December 2023.

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Equal import is that the historian for this project followed the specific process required by

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Sequo and analyzing potential impacts to historic resources, which notably includes an analysis of

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whether demolition would impact the features of the project that features of the building that

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convey its historical significance. The staff therefore made the correct decision when they found

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the project exempt under the Class 32 infill exemption and found that the historical resources

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exemption does not apply. Thank you for considering these points and thank you to the planning department

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for its careful attention to the new requirements under the HAA that were implemented by AB 1633.

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Thank you. My name is Patrick Kennedy. I have great sympathy with the movie lovers that are represented

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here tonight. I too am a big, I too am a huge fan of movies and in fact in February of this year

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I attended the dog film festival in San Francisco. It's real. There's a real. It was the ninth annual one.

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There are three points I'd like to make. First off, when we took this project over in February of 2023,

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we offered the space two UA theaters for $1 a year for our songs that took us to get the project to prove

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which would have been probably now it's entering its third year. They declined. They stayed for one

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month and they closed it and they said that the business went inadequate in Berkeley even though they had

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seven screens in the theater. They closed here and they closed elsewhere. I think they're still open and

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in Emoryville. A second point I'd like to make is the Facebook group does have incredible reach.

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They're from Cork and Saudi Arabia, but we have the support of the local preservation group Baja

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and their president, Lila Monecharch testified in support of this project. You can finish your

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sentence plus one more. And the LPC. One more sentence. Finally, we are doing everything that the LPC

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asked us to do in this project which includes restoring the facade, restoring the Labi,

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and incorporating the significant architectural details that remain in the building in the new structure.

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Thank you very much. Thank you. Okay, so we are now opening for public comments.

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So I will ask if the applicant can maybe move these posters so that folks can speak.

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So if you are interested in giving public comments, I'm going to ask that you

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get standing up on this wall to stand in line. Take your time. Walk slowly and I want anyone to trip.

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And so for those of you who have not been to council recently, I am a huge stickler for timing.

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So you have one minute to give your public comments. And then you can finish your sentence if the

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buzzer beeps right is your ending. And then I'm going to ask you to stop. So thank you so much. I really

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appreciate it. And we have a lot of public comments tonight. We want to make sure we can hear from everyone.

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And I want to thank you all for coming here to share your opinions with us. So I'm going to start with the first public

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commenter. And also the other thing is, I'm going to ask that folks, please not speak. Because it can be very

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disruptive and want to make sure we can hear everyone. So thank you. Go ahead.

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Thank you everyone. I think I will see you. I'm Karat Thins. And I'm speaking.

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Good morning. Go ahead. Okay. I'm speaking tonight in strong support of the proposed project

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at 2274 static. This development aligns with Berglis commitment to building more housing

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downtown near transit services and jobs. And reflects our broader vision for a more sustainable and

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inclusive city. As we all know, we are in housing crisis. And projects like this are essential to

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meeting our goals under the downtown area plan and our regional housing needs allocation.

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Last month, I personally toured the United Artists Theater site. What I saw confirmed what preservation

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experts have already noted, very little of the historic theater remains. What was once beautiful is now

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mostly concrete and decay. Importantly, this project doesn't come at the cost of our city's artistic

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experience, which I dearly love. The nearby redevelopment of the California Theater, it

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proposes to include a dedicated performance space, preserving a vital venue for artistic expression

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downtown. Thank you. Okay. Next commenter. My name is Connor Mitchell and I am rising in opposition

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of this project. I am a film director living in San Francisco, but I do consider Berglis one of the

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great American cities. For the last few years, I have been helping produce and direct a documentary

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on old art house movie theaters in the Bay Area. Since the COVID pandemic, more than a thousand

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movie theater screens have gone dark across the country. More importantly, since COVID, all three

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movie theaters in the downtown stretch of Berglis have closed, including the static and the California.

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On a technical level, I'm not sure of what the specifics on what the solution is going to be for this

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project. However, I do know that over the last few years, theaters have become much more important

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and much more rare across communities. And with the times that we are living in now, where free

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speech and right to assembly are being challenged nationwide, it is far more important now that buildings

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like a UA, Berkeley, are not only preserved for the connection to our past, but also to help forward

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the generations of the future. Thank you. Thank you. Next person can comment.

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Good evening, Council. My name is Jake Price and I'm speaking in support of the project and

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against the appeal. I grew up in Berkeley. I grew up going to the UA theater. It's a lovely theater.

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But times are a changing and it's no longer a viable business and we need housing, especially downtown.

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When I was at Berkeley high, over a decade ago now, all the businesses on Chadwick were vibrant and

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serving high schoolers and college students. And now I see vacancies throughout the street.

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We need more foot traffic. We need more dense urban and field development. And this project exemplifies

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that perfectly and I ask that we move it forward today. Thank you. Thank you.

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I get it and understand where the passion here comes from. Who isn't for artistry and unity?

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Who would not love a bold and exciting vision of a once glorious art deco movie theater? Restored as if

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straight out of the same Hollywood that birthed this building's creation. It's an alluring story to

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fantasize about sticking it to the big bad developers and showing out the common folk can win.

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But it appears that it lacks any grounding in the reality of constructing costs or what credible business

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plan would justify such an investment. So what will be city council? Is this a popularity contest

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or have you been elected to make thoughtful and informed decisions about our city's future?

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Saving the UA would provide for us a damaged and faded star and empty shell with only

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an implausible screenplay and no producer to make it anything more than a good story.

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Thank you.

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Hi there. Good evening. My name is Alan Chumaro and I'm in support of the project. I think the most

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important thing I can say here is that the rules have been followed and it's important that we

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redevelop buildings like this with better use. I think it's admirable that the historic facade is maintained.

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I think that's going to be a beautiful remembrance. But we need housing and this is a good project. So I hope

422
00:41:55,040 --> 00:41:57,920
you'll support it. Thank you. Thank you.

423
00:41:57,920 --> 00:42:10,720
Good afternoon. I'm speaking of support of the project. The housing affordability crisis that

424
00:42:10,720 --> 00:42:16,960
California in the rest of America faces is probably my generation's greatest conflict. I think we need

425
00:42:16,960 --> 00:42:23,680
to do everything in our power to fight against this and build whenever we can. It's probably my greatest

426
00:42:23,680 --> 00:42:28,640
reservation about staying within this state having affordable housing and we have 45 units that are

427
00:42:28,640 --> 00:42:34,000
up for it taking so people who need it can have it. I walked inside of the movie theater when they were

428
00:42:34,000 --> 00:42:39,360
doing the tour. I wouldn't pay to watch a movie in there. That place is run down and it needs millions and

429
00:42:39,360 --> 00:42:46,480
upon millions of dollars in remodeling costs and there's no plan that's been outlined to say,

430
00:42:46,480 --> 00:42:51,760
well how is it going to be done? Who's going to pay for it? But the builders are right here right now

431
00:42:51,840 --> 00:42:59,840
ready to put up apartment complex. We should let them do it. So let's go, Berkeley. Thank you.

432
00:43:07,680 --> 00:43:14,560
Good evening. My name is Moni Vaughn. I rise to speak in favor of housing downtown

433
00:43:15,200 --> 00:43:21,600
economic vitality and this historic landmark united arts theater. As a filmmaker, mom,

434
00:43:22,160 --> 00:43:27,840
an actor, mom, I've enjoyed movies at this very theater and I'm convinced that the cultural event of

435
00:43:27,840 --> 00:43:35,040
movie theaters is not dead. $60 million was made by Ryan Cougar this last week in an an opening at

436
00:43:35,040 --> 00:43:43,440
Grand Lake Theater. Secre State law still applies and is not nullified by SB 330 or AB 1633. The

437
00:43:43,440 --> 00:43:49,200
U.A. theater operated continuously for 91 years and I pray that it will do so in the next 90 years.

438
00:43:49,200 --> 00:43:56,000
A facade does not a landmark make it's the building itself and we could do both housing and a theater.

439
00:43:56,640 --> 00:44:02,800
I say in the famous Star Wars quote, May the Force be with you, council, to make the right decision

440
00:44:02,800 --> 00:44:09,200
and favor of retaining this cultural gem. Thank you. Thank you.

441
00:44:14,400 --> 00:44:20,400
Hi, my name is Trace Pelletti. I am the preservation director of the Art Deco Society of California

442
00:44:20,400 --> 00:44:26,080
and which is based in Berkeley and I'm also a Berkeley resident. I would like to urge the city council to

443
00:44:26,080 --> 00:44:35,280
please consider that this building is not, does not qualify for an exemption to sequela. It is a major

444
00:44:35,280 --> 00:44:41,440
historic resource. It is an art deco treasure and Berkeley is going to be tearing down the equivalent

445
00:44:41,440 --> 00:44:47,840
of the paramount theater and Oakland should the demolition happen. So please really reconsider

446
00:44:47,840 --> 00:44:55,440
what could happen if this turns into either a hole in the ground with nothing or if this theater is

447
00:44:55,440 --> 00:44:59,760
going with just a facade. We have a major major treasure here.

448
00:45:00,000 --> 00:45:15,000
In particular, that should not be demolished, because once it's gone, it's going to be gone forever. Thank you very much for your time. Thank you.

449
00:45:15,000 --> 00:45:25,000
Hi, my name is Heather Ripley and I'd like to see my time to lower Lyndon.

450
00:45:25,000 --> 00:45:29,000
Okay, so you have two minutes. And you might want to move the mic down.

451
00:45:29,000 --> 00:45:35,000
And, oh, no, I'm not Laura. I am also seeding my time to Laura.

452
00:45:35,000 --> 00:45:40,000
And you can all come up. Why don't you all come up since you're seeding time to her?

453
00:45:40,000 --> 00:45:44,000
It would be easier to say I'm Claire who's seeding time.

454
00:45:44,000 --> 00:45:50,000
No, no, no, no, no.

455
00:45:50,000 --> 00:45:58,000
Okay, so the three of you are seeding time, who is one, two, three.

456
00:45:58,000 --> 00:46:02,000
Okay, great. Come on up, please.

457
00:46:02,000 --> 00:46:06,000
I want to do two minutes on one and two minutes on another.

458
00:46:06,000 --> 00:46:08,000
You can separate it however you'd like.

459
00:46:08,000 --> 00:46:12,000
Yeah, so will it start and I can look or is that like this?

460
00:46:12,000 --> 00:46:16,000
Yeah, okay. So there's a clock here and then there's one here too that you can check.

461
00:46:16,000 --> 00:46:18,000
Okay, go ahead.

462
00:46:18,000 --> 00:46:24,000
Okay. One of the line, one or two move up a bit.

463
00:46:24,000 --> 00:46:29,000
All right. So hi, I'm Laura Lyndon and co-leader of the group saved you a Berkeley.

464
00:46:29,000 --> 00:46:33,000
We've been going strong for two years. We have nothing to do with Saudi Arabia.

465
00:46:33,000 --> 00:46:35,000
Look at all the people here come on.

466
00:46:35,000 --> 00:46:41,000
Thousands, hundreds, if not thousands of people have written you guys letters over the past year.

467
00:46:41,000 --> 00:46:45,000
You know, a lot of people in Berkeley, the Wider East Bay.

468
00:46:45,000 --> 00:46:52,000
This is a very legitimate issue with a very legitimate legal and also a Wider policy argument.

469
00:46:52,000 --> 00:46:54,000
That's why we're here to talk to you guys about it.

470
00:46:54,000 --> 00:47:05,000
That's why we tried to meet with you guys because, you know, we really feel like some bad faith things have been said by the developer about us and about our arguments in that.

471
00:47:05,000 --> 00:47:08,000
And so anyway, you might want to speak into the mic because.

472
00:47:08,000 --> 00:47:12,000
Yes, okay. So this is being held up here.

473
00:47:12,000 --> 00:47:24,000
If you could turn it a little bit because, you know, to say that there's nothing historic in the interior other than let's say the lobby, or let's say the facade is ridiculous.

474
00:47:24,000 --> 00:47:32,000
Even as a multiplex, this thing is chalk full of art deco decor and ornamentation, okay.

475
00:47:32,000 --> 00:47:41,000
All throughout, even as a multiplex in the auditoriums, in the hallways, the mezzanine, the grand staircase, it's on the, you know, the level of radio city music.

476
00:47:41,000 --> 00:47:56,000
Those are the angels that are behind the partitions because the original auditorium exists behind the partitions and sure there is damage behind there, but it is incredible that this auditorium exists.

477
00:47:56,000 --> 00:48:03,000
It was preserved in the 70s before this very reason for the ability to possibly bring it back.

478
00:48:03,000 --> 00:48:07,000
So this theater has a lot of options.

479
00:48:07,000 --> 00:48:13,000
So please look at all of the photos and do not dismiss what is in the interior of the theater.

480
00:48:13,000 --> 00:48:25,000
And as our attorney has talked about this theater, the nut of it is that it is on the state historic registry, which, which is a listing that protects the entire building.

481
00:48:25,000 --> 00:48:33,000
So very quickly, I want to just call out what has been, unfortunately, you know, and again, we respect the city council.

482
00:48:33,000 --> 00:48:43,000
We're counting on you to give us a fair hearing and also to be independent in problem solvers, but really, we've had a lot of trouble getting information.

483
00:48:43,000 --> 00:48:48,000
This, this secret exemption was so pivotal to the project's approval.

484
00:48:48,000 --> 00:48:56,000
We feared that this deliberation will all be done in secret and then it would be granted and then it would be over and that's pretty much what happened.

485
00:48:56,000 --> 00:49:05,000
In February of last year, you know, the sequel was outlined in January and then in then actually in March.

486
00:49:05,000 --> 00:49:10,000
I spoke with Sharon Gong for 20 minutes took notes.

487
00:49:10,000 --> 00:49:20,000
She did not mention that the developer had actually two weeks before in a 300 page document demanded a full exemption to sequence.

488
00:49:20,000 --> 00:49:26,000
I spoke to her. I asked her about any possible exemptions. She did not answer. She didn't say she said nothing like that happened.

489
00:49:26,000 --> 00:49:34,000
We only found out in May that that had happened. And then we began sending letters to you guys and sending letters to the whole city.

490
00:49:34,000 --> 00:49:40,000
Please seek, you know, seek, you know, peer reviewed get other input, please.

491
00:49:40,000 --> 00:49:46,000
We heard nothing. It was pretty much just, we heard nothing all spring, all summer.

492
00:49:46,000 --> 00:49:53,000
But what we did here was that the project, the housing project proposal was on hold, on hold, on hold.

493
00:49:53,000 --> 00:49:58,000
And then only in May did we find out about that there was this demand.

494
00:49:58,000 --> 00:50:00,000
And then nothing, nothing, nothing, nothing.

495
00:50:00,000 --> 00:50:09,000
And then on October 4th, then suddenly, you know, the exemption is granted.

496
00:50:09,000 --> 00:50:15,000
And then, oh, what do you know, that same day finally those documents are popped into that little portal that most people don't know.

497
00:50:15,000 --> 00:50:19,000
That most people don't know how to get to, but I did eventually find it.

498
00:50:19,000 --> 00:50:25,000
Okay, so we didn't, you know, we have been trying to get information to the public.

499
00:50:25,000 --> 00:50:28,000
And we didn't get it. So sorry.

500
00:50:28,000 --> 00:50:30,000
Yep, that's part of it.

501
00:50:30,000 --> 00:50:32,000
Thank you for your comments.

502
00:50:32,000 --> 00:50:34,000
All right.

503
00:50:34,000 --> 00:50:45,000
Could you allow the next speaker to come up, please?

504
00:50:45,000 --> 00:50:46,000
Thank you.

505
00:50:52,000 --> 00:50:53,000
I'm sorry.

506
00:50:53,000 --> 00:50:58,000
I wanted to, I still was trying to murder me, and nobody cares.

507
00:50:58,000 --> 00:51:01,000
Two in a days ago, a seated rules park.

508
00:51:01,000 --> 00:51:03,000
I mean, I just rang on me to death.

509
00:51:03,000 --> 00:51:06,000
Oh, I was there because I'm so sorry.

510
00:51:06,000 --> 00:51:07,000
I'm currently homeless.

511
00:51:07,000 --> 00:51:08,000
I am homeless.

512
00:51:08,000 --> 00:51:10,000
I am homeless.

513
00:51:10,000 --> 00:51:11,000
Sorry.

514
00:51:11,000 --> 00:51:13,000
This is this is the way to come up with this.

515
00:51:13,000 --> 00:51:16,000
I want to tell you why I'm homeless because I lived in the UK for board.

516
00:51:16,000 --> 00:51:19,000
Student manager, can I, can I report you?

517
00:51:19,000 --> 00:51:21,000
No, I'm so sorry.

518
00:51:21,000 --> 00:51:25,000
But we're actually having a public hearing right now on a specific issue.

519
00:51:25,000 --> 00:51:27,000
Because it's a murder around.

520
00:51:27,000 --> 00:51:29,000
He wants to ring your neck.

521
00:51:29,000 --> 00:51:30,000
Thank you.

522
00:51:30,000 --> 00:51:31,000
Here you are.

523
00:51:31,000 --> 00:51:35,000
And I, I'd like to refer to the same manager and see if we can have someone.

524
00:51:35,000 --> 00:51:41,000
Take this woman's report.

525
00:51:41,000 --> 00:51:42,000
Thank you.

526
00:51:42,000 --> 00:51:44,000
Shall I start?

527
00:51:44,000 --> 00:51:45,000
Yes.

528
00:51:45,000 --> 00:51:46,000
Thank you.

529
00:51:46,000 --> 00:51:48,000
My name is Tova Halpern.

530
00:51:48,000 --> 00:51:52,000
I knew I had to do my part to preserve this iconic movie theater.

531
00:51:52,000 --> 00:51:57,000
I was born and raised in Berkeley and have many memories of going to see movies there.

532
00:51:57,000 --> 00:52:02,000
I represent my homies from Berkeley who went with their friends and families to see their

533
00:52:02,000 --> 00:52:04,000
first films of the UA theater.

534
00:52:04,000 --> 00:52:08,000
They want their grandchildren to be able to have the same opportunity.

535
00:52:08,000 --> 00:52:14,000
There are also groups of local actors and artists who are without a venue to perform.

536
00:52:14,000 --> 00:52:18,000
So a stage and an auditorium would be of great benefit.

537
00:52:18,000 --> 00:52:23,000
Downtown Berkeley was the hub and this theater was the place to go.

538
00:52:23,000 --> 00:52:27,000
The beauty of this theater is its location and accessibility.

539
00:52:27,000 --> 00:52:31,000
By Bart, walking and by bus.

540
00:52:31,000 --> 00:52:36,000
You see Berkeley students from all over the world become acquainted with American culture

541
00:52:36,000 --> 00:52:38,000
at this theater.

542
00:52:38,000 --> 00:52:43,000
Films importantly depict and instruct us about the past, present and future.

543
00:52:43,000 --> 00:52:46,000
Let us not deny the general.

544
00:52:46,000 --> 00:52:50,000
One more time.

545
00:52:50,000 --> 00:52:53,000
I'm sorry.

546
00:52:53,000 --> 00:52:54,000
Thank you.

547
00:52:54,000 --> 00:52:56,000
You could find someone to give you a minute if you'd like.

548
00:52:56,000 --> 00:52:57,000
Okay.

549
00:52:57,000 --> 00:52:58,000
Thank you.

550
00:52:58,000 --> 00:53:04,000
I'm still afraid to move the mic.

551
00:53:04,000 --> 00:53:07,000
I don't put up my back.

552
00:53:07,000 --> 00:53:09,000
My name is Greg Osharpen.

553
00:53:09,000 --> 00:53:12,000
I am the co-producer in co-host of KLX Film Plaza.

554
00:53:12,000 --> 00:53:17,000
I'm also a local film editor of documentaries.

555
00:53:17,000 --> 00:53:24,000
I think it's notable that Patrick Kennedy had to go to San Francisco to see the dog film festival.

556
00:53:24,000 --> 00:53:32,000
Since there are no longer any theaters in downtown Berkeley, including the fine arts cinema,

557
00:53:32,000 --> 00:53:36,000
which was in a space where a Patrick Kennedy building now exists.

558
00:53:36,000 --> 00:53:40,000
And he had guaranteed so that he would put the movie theater back in.

559
00:53:40,000 --> 00:53:43,000
And the fine arts cinema now no longer exists.

560
00:53:43,000 --> 00:53:47,000
Also, the fact that there is a gaping hole where the shadow cinema is used to be.

561
00:53:47,000 --> 00:53:54,000
And the fact that there are empty storefronts is because all the businesses were moved out to make way for a housing development,

562
00:53:54,000 --> 00:53:56,000
which is now on hold and is not happening.

563
00:53:56,000 --> 00:54:02,000
All of the places up and down center have been moved out for a housing project that is now on hold.

564
00:54:02,000 --> 00:54:10,000
And I would like to give the political will for the ground swell behind me to oppose the project at the United Artists.

565
00:54:10,000 --> 00:54:11,000
Thank you.

566
00:54:11,000 --> 00:54:22,000
My name is Jeff Baker. I'd like to yield my minute to David.

567
00:54:22,000 --> 00:54:25,000
Go ahead.

568
00:54:25,000 --> 00:54:29,000
Thank you.

569
00:54:29,000 --> 00:54:30,000
Just move close.

570
00:54:30,000 --> 00:54:31,000
Yeah.

571
00:54:31,000 --> 00:54:35,000
When I was a kid in the 80s, I would see movies at the U.A.

572
00:54:35,000 --> 00:54:41,000
and it never ever occurred to me that this building was remarkable in any way.

573
00:54:41,000 --> 00:54:45,000
If it longs since been carved up into a multi-plex and even back in the 80s,

574
00:54:45,000 --> 00:54:50,000
it no longer made economic sense to have that style of movie palace in downtown Berkeley.

575
00:54:50,000 --> 00:54:59,000
200 plus apartments seems like a much better use of this space than a movie theater in an era when nobody goes to movie theaters anymore.

576
00:54:59,000 --> 00:55:03,000
I'm not saying that this appeal is in bad faith,

577
00:55:03,000 --> 00:55:09,000
but I think it's worth noting that nobody was interested in landmarking this property 50 years ago,

578
00:55:09,000 --> 00:55:21,000
or 40 years ago, or 30 years ago, or 20 years ago, or 10 years ago, or five years ago, or three years ago.

579
00:55:21,000 --> 00:55:24,000
I think you see my point.

580
00:55:24,000 --> 00:55:31,000
Now, somebody wants to build apartments here and suddenly everybody wants to landmark this magnificent example of Berkeley's cultural patrimony

581
00:55:31,000 --> 00:55:34,000
that they hadn't managed to notice for 50 years.

582
00:55:34,000 --> 00:55:37,000
It makes me a little bit cynical.

583
00:55:37,000 --> 00:55:43,000
And if it seems like I'm being mean, that is not my intent.

584
00:55:43,000 --> 00:55:47,000
But I would like us to be clear that this isn't issue of values.

585
00:55:47,000 --> 00:55:54,000
I am asking the council and the city to value our current and future generations.

586
00:55:55,000 --> 00:56:00,000
You see students are living in their cars because of our housing crisis.

587
00:56:00,000 --> 00:56:05,000
Rather than indulge this nostalgia and sentimentality.

588
00:56:05,000 --> 00:56:14,000
Places for people to live are simply far more important for the Berkeley that exists today than preserving a mid 20th century movie house.

589
00:56:14,000 --> 00:56:21,000
It is time to prioritize the future of Berkeley rather than its past.

590
00:56:21,000 --> 00:56:23,000
Thank you.

591
00:56:23,000 --> 00:56:29,000
Can you please do people are going to seek their time to meet?

592
00:56:29,000 --> 00:56:31,000
Which two people?

593
00:56:31,000 --> 00:56:34,000
Jemai, Ellis, and Anne, one river.

594
00:56:34,000 --> 00:56:41,000
Okay, are those you just, can you just, can you just wave your hand?

595
00:56:41,000 --> 00:56:43,000
So I know who you're, thank you.

596
00:56:43,000 --> 00:56:44,000
Okay.

597
00:56:44,000 --> 00:56:50,000
And then I'm going to ask that you sit down unless you've got something to hold up.

598
00:56:50,000 --> 00:56:52,000
And I think Gary over there.

599
00:56:52,000 --> 00:56:54,000
Gary, are you also giving your minute?

600
00:56:54,000 --> 00:56:55,000
Yes.

601
00:56:55,000 --> 00:56:56,000
Okay.

602
00:56:56,000 --> 00:57:00,000
If you are, can I ask the two step out of the line please so that we're clear?

603
00:57:00,000 --> 00:57:01,000
Thank you.

604
00:57:01,000 --> 00:57:05,000
I just want to say quickly before I speak that the reason it wasn't.

605
00:57:05,000 --> 00:57:07,000
But this is the part of your time.

606
00:57:07,000 --> 00:57:08,000
Okay.

607
00:57:08,000 --> 00:57:15,000
The reason it wasn't landmark 50 years ago is because if they landmarked it, they couldn't put in the multi-plex or alter it.

608
00:57:15,000 --> 00:57:22,000
And as the owner of a movie theater, landmarking it wouldn't serve their purposes at the time.

609
00:57:22,000 --> 00:57:29,000
So, dear Mayor and City Council, the stalking me which is a part of the appeal referenced above,

610
00:57:29,000 --> 00:57:40,000
will focus on the fact that the housing development proposed for 2,274 static avenue is out of compliance with the city's downtown area plan,

611
00:57:40,000 --> 00:57:41,000
DAP.

612
00:57:41,000 --> 00:57:48,000
And that's the general plan and is therefore not eligible for the class 32 exemption that staff granted to the project.

613
00:57:48,000 --> 00:58:00,000
The exemption should be reversed and the proposal set that sent back to staff to undergo the secret review process that was outlined by the city in January 2024.

614
00:58:00,000 --> 00:58:06,000
The city's vague claim that there are now competing interests affecting downtown planning.

615
00:58:06,000 --> 00:58:22,000
In no way excuses are make legal, I'm sorry, makes legal, letting a developer demolish the massive in a stark U.S. structure, which is now a local landmark on the California Register of historical resources and in our eligible.

616
00:58:22,000 --> 00:58:44,000
According to California Code, regulations, Title 14, 15332, an infill development project must be consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations.

617
00:58:44,000 --> 00:58:53,000
But the project, because it calls for destroying the palatial four story U.S. structure only to retain part of the facade and perhaps part of the lobby.

618
00:58:53,000 --> 00:59:02,000
It is our understanding that the developer is not legally bound to retain the lobby, does not follow the DAP.

619
00:59:02,000 --> 00:59:12,000
The Berkeley downtown area plan adopted in 2012 and part of the general plan was the product of up to 200 meetings and many years of work.

620
00:59:12,000 --> 00:59:22,000
As a democratic document of citizen input that was approved by two thirds of Berkeley voters in 2010 and it must be followed.

621
00:59:22,000 --> 00:59:34,000
Even with the raft of state housing laws that have been adopted since 2017, the general plan and the DAP are still in effect in govern planning in the city.

622
00:59:34,000 --> 00:59:48,000
On the city's DAP web page at states these top goals, making downtown a recognized center for culture and arts, bringing new housing to downtown and preserving downtown historic assets.

623
00:59:48,000 --> 00:59:57,000
The whole DAP document outlines the policies and goals to promote historic preservation and support the downtown cinemas.

624
00:59:57,000 --> 01:00:00,000
And I just want to say this is not an argument.

625
01:00:00,000 --> 01:00:20,000
Amendment about whether should be housing or this old archaic theater. This is about following the law. That's what our appeal is about. It's not about whether it's worthy or not. It is our feeling the law to not exempt this theater from the secret EIR. Thank you.

626
01:00:20,000 --> 01:00:34,000
Okay, folks, move up. It's okay. Don't be shy. Hello, my name is Ania Fuchs. Can I give 30 seconds of my time to dance? Go for it. Okay, 30 seconds.

627
01:00:34,000 --> 01:00:42,000
I grew up with 30 seconds on our clock or we'll just keep track of it. Okay, go ahead. I'll just, I'll just stop you at 30 seconds.

628
01:00:42,000 --> 01:00:53,000
I grew up with the UA theater up to just a few years ago. I brought my friends from out of town. They're completely impressed. There's nothing like the UA theater.

629
01:00:53,000 --> 01:01:11,000
In other cities, it's a source of pride. It makes Berkeley unique. I just from an outside point of view. I don't understand there many store fronts open that are just vacant and empty. Yes, housing absolutely important, but I don't see a conflict here.

630
01:01:11,000 --> 01:01:22,000
This is one of these pearl gems that make unique make Berkeley so special and sorry here. Thank you. If you want to continue.

631
01:01:22,000 --> 01:01:26,000
That was on me.

632
01:01:26,000 --> 01:01:39,000
Mayor Council. To the last 10 years have been fighting for affordable housing in the South Bay. Last year's efforts led to the approval for a thousand housing units in Santa Clara.

633
01:01:39,000 --> 01:01:52,000
This is what happens when the political pendulum swings left and right. Whenever it hits the amplitude, mistakes, serious mistakes are made.

634
01:01:52,000 --> 01:02:07,000
We were trying to prevent you from making one here tonight. The California Register of Historic Resources and two separate city commission peer reviews are saying that the building has incredible historic merit.

635
01:02:07,000 --> 01:02:24,000
The left coast architects and the developer are saying there's nothing worth saving. No one in this room except one person sitting right there has opened a patch of theater A and looked up at that art deco splendor in the auditorium.

636
01:02:24,000 --> 01:02:36,000
It is incredible and it's intact. These buildings are not endangered. They're beyond endangered. If you tear down the UA, it's extinct. It's over.

637
01:02:37,000 --> 01:02:46,000
We are not here tonight to ask you to vote to save the theater. We are here tonight to ask you to make sure that you follow the law.

638
01:02:46,000 --> 01:02:58,000
A building like the UA is a rare prime example of when the implementation of CEQA is appropriate. Once it's gone, it's gone forever.

639
01:02:58,000 --> 01:03:00,000
Thank you.

640
01:03:00,000 --> 01:03:16,000
Our Lena Sagechick Berkeley resident. I'm sitting my time to Alan Mishon.

641
01:03:16,000 --> 01:03:29,000
Okay. Two people are sitting. Three people are sitting there time to you.

642
01:03:29,000 --> 01:03:36,000
Thank you. My name is Alan Mishon and I'm the owner and operator of the Grand Lake Theater in Oakland.

643
01:03:36,000 --> 01:03:48,000
I have a long time history in Berkeley. In 1972, I built open and operated for many years the reality of cinema's on Gilman Street.

644
01:03:48,000 --> 01:04:05,000
Later on, I operated the Sunset Theater on Telegraph Avenue subsequently the Fine Arts on Shaddock. I built the Shaddock cinema's. I had also a time to operate the north side theater and as well as the Oaks Theater on Solano Avenue.

645
01:04:05,000 --> 01:04:18,000
Berkeley had a long history with entertainment. The downtown plan calls for entertainment. One of the exhibits that staff put up earlier in the day was fraudulent.

646
01:04:18,000 --> 01:04:33,000
It was an aerial sight visit, sight plan of what we are talking about. It showed the UA building, but to the right it also showed the Shaddock cinema's building that is no longer there.

647
01:04:33,000 --> 01:04:42,000
It is a gaping hole in the downtown and the developer has not been able to move forward with that. It broke my heart to see the Shaddock closed.

648
01:04:42,000 --> 01:04:52,000
I want to explain that regal cinema's closest theater. They were in deep financial trouble because of COVID.

649
01:04:52,000 --> 01:05:00,000
We were all forced as operators of public places to close our places of business for a year and a quarter.

650
01:05:00,000 --> 01:05:06,000
And after that the public was afraid to come back. The Grand Lake would not have survived.

651
01:05:06,000 --> 01:05:13,000
Had it not been for a government program called the SVOG, shuttered venues, operators grant.

652
01:05:13,000 --> 01:05:19,000
I received a substantial amount of money from the federal government to take us through that period.

653
01:05:19,000 --> 01:05:31,000
Regal did not. Big companies were exempted from that government help. Small operators like myself were allowed and given the ability to stay in business.

654
01:05:31,000 --> 01:05:38,000
Some people tonight have said, oh, people don't go to the movies anymore. It's not a viable business.

655
01:05:38,000 --> 01:05:44,000
I invite any member of this council and city staff to accompany me over to the Grand Lake after this meeting is over.

656
01:05:44,000 --> 01:05:54,000
And you can count eight or nine hundred people watching my movies in the Grand Lake by the time the 730 shows starts.

657
01:05:54,000 --> 01:06:00,000
We it is still a viable business. It is still recovering from COVID.

658
01:06:00,000 --> 01:06:11,000
And most importantly, please don't look at this building as a movie theater coming back as a multiplex coming back.

659
01:06:11,000 --> 01:06:17,000
It was a terrible multiplex. It was a prime example of a bad multiplexing of a beautiful low theater.

660
01:06:17,000 --> 01:06:27,000
But at the time that work was done, the city council, the city planners had the foresight to say to the owner of the property.

661
01:06:27,000 --> 01:06:34,000
Okay, will let you multiplex this theater, but all the original elements have to be retained.

662
01:06:34,000 --> 01:06:41,000
You build your new auditoriums inside the shell of the old theater. You leave the ceiling alone.

663
01:06:41,000 --> 01:06:47,000
You leave the pricinium alone. You create something that could be brought back.

664
01:06:47,000 --> 01:06:59,000
And I urge you not to look at this theater now as a movie theater for the downtown, but as a future performing arts center for the whole region.

665
01:06:59,000 --> 01:07:07,000
It is a fabulous theater with a fabulous stage, a full fly loft right on Bart 15 feet away from the front door.

666
01:07:07,000 --> 01:07:12,000
This can be the pride of Berkeley just as the paramount is the pride of Oakland.

667
01:07:12,000 --> 01:07:19,000
And it can serve the citizens of this town and then and surrounding communities for another hundred years.

668
01:07:19,000 --> 01:07:25,000
There's nothing structurally wrong with that building. It's a fortress that's built just like my grand lake.

669
01:07:25,000 --> 01:07:29,000
And I'd love to see it restored and preserved.

670
01:07:29,000 --> 01:07:33,000
Thank you.

671
01:07:34,000 --> 01:07:38,000
Thank you.

672
01:07:43,000 --> 01:07:45,000
Okay.

673
01:07:45,000 --> 01:07:48,000
All right folks, we want to make sure that folks come on.

674
01:07:48,000 --> 01:07:50,000
We want to let this next speaker speak.

675
01:07:50,000 --> 01:07:51,000
Please go ahead.

676
01:07:51,000 --> 01:07:52,000
I'm Ellen Broden.

677
01:07:52,000 --> 01:07:56,000
I'm Ellen Broden and I'll see you at my time too.

678
01:07:56,000 --> 01:07:57,000
Okay.

679
01:07:57,000 --> 01:08:01,000
I love the joy it's great. I just want to make sure we can hear from everyone.

680
01:08:01,000 --> 01:08:03,000
Good evening mayor and council.

681
01:08:03,000 --> 01:08:05,000
My name is Greg King.

682
01:08:05,000 --> 01:08:11,000
I have operated theaters for 30 years in a past life and then involved in many restorations.

683
01:08:11,000 --> 01:08:21,000
I urge you to support to appeal this ab decision and give the United Artist Theatre the proper and lawful assessment it deserves.

684
01:08:21,000 --> 01:08:24,000
It is a prime and irreplaceable example of art deco.

685
01:08:24,000 --> 01:08:28,000
It retains most of its original fixtures and decoration.

686
01:08:28,000 --> 01:08:32,000
It's a public lobby in lounge areas. You now see our impressive.

687
01:08:32,000 --> 01:08:35,000
But the mind blowing card is the auditorium ceiling.

688
01:08:35,000 --> 01:08:38,000
The Oregon Grills and the Percenium.

689
01:08:38,000 --> 01:08:41,000
All existing behind the sheetrock multiplex walls.

690
01:08:41,000 --> 01:08:45,000
I am one of the few people in this room have seen this personally.

691
01:08:45,000 --> 01:08:51,000
The OAS steeped in history and has entertained multiple generations of East Bay residents for 90 years.

692
01:08:51,000 --> 01:08:57,000
The robust steel and concrete concrete frame and a restored interior can be a relevant part of a future.

693
01:08:57,000 --> 01:09:02,000
Whether as an 1800 seat live venue or continuing as a multiplex,

694
01:09:02,000 --> 01:09:07,000
the theater has generations of life and it left to give.

695
01:09:07,000 --> 01:09:10,000
I implore you to do the right thing.

696
01:09:10,000 --> 01:09:17,000
This building is on the California historical resource list and is eligible to be on the National Register of Historic Places.

697
01:09:17,000 --> 01:09:21,000
It deserves to have a full sequo evaluation.

698
01:09:21,000 --> 01:09:24,000
Exempting it from sequa is against the law.

699
01:09:24,000 --> 01:09:28,000
Please understand that once demolition is started is not reversible.

700
01:09:28,000 --> 01:09:32,000
The United Artists is too important to be grounded dust and end up in a landfill.

701
01:09:32,000 --> 01:09:36,000
Please give this treasure the time to probably be evaluated and assessed.

702
01:09:36,000 --> 01:09:42,000
Do not let this building disappear in a cloud of dust and become a crater like the Shadak cinemas.

703
01:09:42,000 --> 01:09:48,000
I would suggest to make sure all funding is in place for the new build before any demolition permit is issued.

704
01:09:48,000 --> 01:09:56,000
And to have a requirement to fully photograph and document this magnificent art decadule before it's final act.

705
01:09:56,000 --> 01:09:58,000
Thank you and good evening.

706
01:09:58,000 --> 01:09:59,000
Thanks for listening.

707
01:09:59,000 --> 01:10:00,000
Thank you.

708
01:10:06,000 --> 01:10:08,000
Madam Mayor, council members.

709
01:10:08,000 --> 01:10:10,000
Thank you for letting me speak.

710
01:10:10,000 --> 01:10:12,000
I'm Kirsten Schultz.

711
01:10:12,000 --> 01:10:15,000
Berkeley is my hometown and I'm a resident.

712
01:10:15,000 --> 01:10:17,000
I've never been to re-ad.

713
01:10:17,000 --> 01:10:19,000
Fair city that it may be.

714
01:10:21,000 --> 01:10:26,000
Berkeley's downtown and its movie cinemas were for us like a Piazza.

715
01:10:26,000 --> 01:10:30,000
Or as a friend who comes home to visit his parents said,

716
01:10:30,000 --> 01:10:32,000
No, not a Piazza.

717
01:10:32,000 --> 01:10:33,000
A Piazza is a Piazza.

718
01:10:33,000 --> 01:10:36,000
Because we all came down and walked around town.

719
01:10:36,000 --> 01:10:40,000
And I think that's what we have to keep in mind when we look to future generations.

720
01:10:40,000 --> 01:10:44,000
Young people are going to want to be among people together

721
01:10:44,000 --> 01:10:46,000
in the real world.

722
01:10:46,000 --> 01:10:49,000
And some of our downtown venues are spectacular,

723
01:10:49,000 --> 01:10:52,000
but I don't have $175 to go to the theater

724
01:10:52,000 --> 01:10:54,000
and young people don't either.

725
01:10:54,000 --> 01:10:56,000
We need to preserve our spaces.

726
01:10:56,000 --> 01:10:58,000
If we don't preserve our big public spaces,

727
01:10:58,000 --> 01:11:00,000
what are we going to do 10 years from now?

728
01:11:00,000 --> 01:11:03,000
When we need them to preserve us for climate incidents,

729
01:11:03,000 --> 01:11:05,000
we all remember the orange summers.

730
01:11:05,000 --> 01:11:07,000
Where did you go to brief?

731
01:11:07,000 --> 01:11:08,000
Thank you.

732
01:11:08,000 --> 01:11:09,000
Thank you.

733
01:11:09,000 --> 01:11:16,000
Good evening.

734
01:11:16,000 --> 01:11:17,000
Good evening.

735
01:11:17,000 --> 01:11:18,000
I'm Brandon Broad.

736
01:11:18,000 --> 01:11:19,000
I'm a Berkeley resident.

737
01:11:19,000 --> 01:11:20,000
You see Berkeley alumni.

738
01:11:20,000 --> 01:11:23,000
I've been in Berkeley since 1990.

739
01:11:23,000 --> 01:11:27,000
And I would ask that you do the review.

740
01:11:27,000 --> 01:11:34,000
I think 23 affordable units on this nice shiny tower on the schematics is not really a good number

741
01:11:34,000 --> 01:11:37,000
if affordable units.

742
01:11:37,000 --> 01:11:43,000
Park theater is now lighting up their old theater in Lafayette.

743
01:11:43,000 --> 01:11:48,000
But I think we need some bright and vision for Berkeley downtown as some of these people have dressed.

744
01:11:48,000 --> 01:11:52,000
The filmmaker here imagine a Berkeley, either national film festival.

745
01:11:52,000 --> 01:11:55,000
How much money would that bring in to downtown San Francisco?

746
01:11:55,000 --> 01:11:58,000
The Castro theater was saved.

747
01:11:58,000 --> 01:12:00,000
They rebuilt and they made a live venue.

748
01:12:00,000 --> 01:12:03,000
We have the procedure theater as they said Lafayette.

749
01:12:03,000 --> 01:12:08,000
I got to go to a written out and go to some of these live events because we don't have one in Berkeley.

750
01:12:08,000 --> 01:12:09,000
That's a similar theater.

751
01:12:09,000 --> 01:12:12,000
There's film festivals, no valley, etc.

752
01:12:12,000 --> 01:12:15,000
The procedure theater, private foundations are helping Lafayette.

753
01:12:15,000 --> 01:12:17,000
They've raised $2 million.

754
01:12:17,000 --> 01:12:18,000
Thank you.

755
01:12:18,000 --> 01:12:19,000
Please do the review.

756
01:12:19,000 --> 01:12:29,000
Hi, my name is Christine Iran.

757
01:12:29,000 --> 01:12:31,000
I'm a long time Berkeley resident.

758
01:12:31,000 --> 01:12:38,000
I think in a dispute like this we have people of good faith on both sides.

759
01:12:38,000 --> 01:12:41,000
It always helps to get more information.

760
01:12:41,000 --> 01:12:47,000
And under the law, there really seems to be a lot of support to do this inspection.

761
01:12:47,000 --> 01:12:52,000
And figure out is the theater really seismically safe?

762
01:12:52,000 --> 01:12:57,000
Does it really have all these beautiful articles, ornaments?

763
01:12:57,000 --> 01:12:59,000
I know what I've seen going there.

764
01:12:59,000 --> 01:13:01,000
I've seen the staircase.

765
01:13:01,000 --> 01:13:03,000
I've seen the carved medallions.

766
01:13:03,000 --> 01:13:07,000
I've seen the ceiling murals that the new development doesn't seem to retain.

767
01:13:07,000 --> 01:13:12,000
The marquee doesn't seem to be perfectly retained in the new development.

768
01:13:12,000 --> 01:13:15,000
Quite a bit of it is going to be shared off.

769
01:13:15,000 --> 01:13:18,000
I would like you to really look at what we have.

770
01:13:18,000 --> 01:13:23,000
And consider everyone here who we all want to build housing.

771
01:13:23,000 --> 01:13:27,000
But we've been losing a lot of things in Berkeley.

772
01:13:27,000 --> 01:13:30,000
And everyone has something they love they'd like to retain.

773
01:13:30,000 --> 01:13:33,000
I think you need to look into what we really have.

774
01:13:33,000 --> 01:13:34,000
Thank you.

775
01:13:34,000 --> 01:13:46,000
Hi, my name is Sarah Bell and I'm here to speak in favor of the project and against the appeal.

776
01:13:46,000 --> 01:13:49,000
There are legal merits, which I believe favor the housing project.

777
01:13:49,000 --> 01:13:52,000
But there's also the reality on the ground.

778
01:13:52,000 --> 01:13:54,000
If you sit in the theater you'll see for yourself.

779
01:13:54,000 --> 01:13:56,000
It's not the Grand Lake Theater.

780
01:13:56,000 --> 01:13:58,000
It's a shabby multiplex.

781
01:13:58,000 --> 01:14:03,000
Pull back the metaphorical and literal curtains and you'll see crumbling concrete.

782
01:14:03,000 --> 01:14:09,000
The building is literally unsafe for those inside it and for structures around it.

783
01:14:09,000 --> 01:14:13,000
To find out saving the facade and lobby the last original part remaining,

784
01:14:13,000 --> 01:14:16,000
we need to find a new use for the site.

785
01:14:16,000 --> 01:14:20,000
Thankfully, well not thankfully, Berkeley desperately needs housing

786
01:14:20,000 --> 01:14:25,000
and the housing developer proposing this project plans to preserve the facade and lobby.

787
01:14:25,000 --> 01:14:31,000
This project is the best choice both for historic preservation and our housing crisis.

788
01:14:31,000 --> 01:14:34,000
Let's build homes for theater goers to come.

789
01:14:34,000 --> 01:14:35,000
Thank you.

790
01:14:35,000 --> 01:14:38,000
Thank you.

791
01:14:38,000 --> 01:14:40,000
Okay folks.

792
01:14:40,000 --> 01:14:44,000
Good evening and thank you for your attention.

793
01:14:44,000 --> 01:14:46,000
My name is Summer Brinner.

794
01:14:46,000 --> 01:14:52,000
And I just want to put a plug in for all the theaters that used to be here.

795
01:14:52,000 --> 01:15:00,000
And also the the very logical reasoning, historical reasoning that we heard about COVID being subbed.

796
01:15:00,000 --> 01:15:28,000
We're going to have a meeting next week about middle housing, and we're going to have a meeting

797
01:15:28,000 --> 01:15:38,000
week about middle housing, and that's going to hopefully address the affordability crisis, because the housing crisis is driven about the affordability crisis.

798
01:15:38,000 --> 01:15:46,000
Just one more thing is a status, sorry, your time is one more word, a status.

799
01:15:46,000 --> 01:15:48,000
Thank you.

800
01:15:48,000 --> 01:16:02,000
Hi, Karen Westmont. I live in and on Rose Street. I'm offered one bit of information that you would find if we did a sequence.

801
01:16:02,000 --> 01:16:12,000
And that is that the United Artists themselves were significant. They were part of a labor movement in this essence. They caught the studios.

802
01:16:12,000 --> 01:16:21,000
The reason Charlie Chapman came and Mary Pickford came is because this was their effort to free themselves from the control of the studios.

803
01:16:21,000 --> 01:16:27,000
So there is more to be found about what this resource is on the point about housing.

804
01:16:27,000 --> 01:16:36,000
I used to do the regional housing needs determination for the state of California. I did those determinations for 71% of the state's counties.

805
01:16:36,000 --> 01:16:41,000
Not the Bay Area. Berkley was never supportive of the housing numbers it was assigned.

806
01:16:41,000 --> 01:16:47,000
So now that you've got an opportunity, I want to suggest something else you should do instead.

807
01:16:47,000 --> 01:16:55,000
Housing units built in the city of San Jose recently in the thousands only increased households.

808
01:16:55,000 --> 01:17:03,000
You can register sometimes. Thank you. Only increased households by four or five hundred. The thousands of units didn't go for residents.

809
01:17:03,000 --> 01:17:04,000
Thank you.

810
01:17:04,000 --> 01:17:15,000
Hi, my name is Kavich Hutterbethy and I'm a student at UC Berkeley.

811
01:17:15,000 --> 01:17:21,000
I've listened to people here speaks tonight with such deep love and passion for the theater and I respect that.

812
01:17:21,000 --> 01:17:28,000
And it's clear that this place meant something because Berkeley afforded a people's opportunity to live here long enough to build these memories.

813
01:17:28,000 --> 01:17:33,000
And I want that same chance, but so many of my friends can't afford to stay here.

814
01:17:33,000 --> 01:17:38,000
They're living in cars, overcrowded apartments, and community hours just to be here.

815
01:17:38,000 --> 01:17:48,000
This project creates 227 new homes including 23 deeply affordable homes in a preserve the shadow facade and resource historic lobby.

816
01:17:48,000 --> 01:17:55,000
It brings a new life to building that now empty and unsafe even when it was offered at a dollar a year the theater couldn't survive.

817
01:17:56,000 --> 01:18:03,000
The city, the city attorney, and over 10 independent experts have all agreed that this project qualifies for a Sequel exemption.

818
01:18:03,000 --> 01:18:10,000
I think it's really time to move forward and I think the city should approve this project so students like me can continue to continue to build a future here.

819
01:18:10,000 --> 01:18:11,000
Thank you.

820
01:18:11,000 --> 01:18:12,000
Thank you.

821
01:18:12,000 --> 01:18:22,000
Folks, hey folks, you know what, when you all were giving your comments, people were respectful and allowed you to speak.

822
01:18:22,000 --> 01:18:24,000
I'd like you to do the same for them.

823
01:18:25,000 --> 01:18:34,000
Good evening council members. My name is Theo Gordon and I'm here to ask you reject the appeal and approve the housing, but I also actually don't want you to listen to me.

824
01:18:34,000 --> 01:18:36,000
I don't want you to listen to anyone else in this room.

825
01:18:36,000 --> 01:18:37,000
We are not normal.

826
01:18:37,000 --> 01:18:42,000
Normal people don't spend their Tuesday nights waiting for hours to give 60 seconds of comment.

827
01:18:42,000 --> 01:18:44,000
We don't represent Berkeley.

828
01:18:44,000 --> 01:18:48,000
That's your job and our other representatives as well.

829
01:18:48,000 --> 01:18:52,000
And the people of Berkeley has said time and time again they want more housing.

830
01:18:52,000 --> 01:19:00,000
They rejected two four members of this body who constantly found reasons to pose housing and instead elected a mayor who campaigned specifically on ending the housing crisis.

831
01:19:00,000 --> 01:19:10,000
And just today assembly member Buffy Wicks and Sacramento was working to try and pass her bill AB609, which would exempt even more infill projects from Sequel.

832
01:19:10,000 --> 01:19:15,000
Because she knows if rivolous appeals like this one do not protect the environment.

833
01:19:15,000 --> 01:19:22,000
And shouldn't be held in projects in dense infill housing should not be held up by 40 people with $5,000 for a lawyer and a lot of time on their hands.

834
01:19:22,000 --> 01:19:28,000
Assembly member Wicks has made a career of championing housing and voters responded by relating to 70% of the vote.

835
01:19:28,000 --> 01:19:29,000
We can finish your sentence.

836
01:19:29,000 --> 01:19:32,000
Please bill more housing. That's what we want.

837
01:19:32,000 --> 01:19:41,000
Dear mayor and council.

838
01:19:41,000 --> 01:19:46,000
It's not mixed use if the ground floor retail remains vacant.

839
01:19:46,000 --> 01:19:52,000
We have a lot of blight in downtown Berkeley right now.

840
01:19:52,000 --> 01:19:57,000
And it's not a vibrant downtown without a movie house.

841
01:19:57,000 --> 01:20:06,000
We have not bounced back from the terrible isolation of the COVID shutdowns as a city or as a culture.

842
01:20:06,000 --> 01:20:11,000
It is in the interest of the city to nourish these third places.

843
01:20:11,000 --> 01:20:15,000
Neither home nor work where community happens.

844
01:20:15,000 --> 01:20:20,000
Libraries are great, but they close at night.

845
01:20:20,000 --> 01:20:24,000
The UA theater restored could be a civic jewel.

846
01:20:24,000 --> 01:20:31,000
Thirty years ago there were 20 or so movie screens in downtown Berkeley and now there are none.

847
01:20:31,000 --> 01:20:35,000
Thank you for standing up for the rule of law.

848
01:20:35,000 --> 01:20:36,000
Thank you.

849
01:20:36,000 --> 01:20:46,000
Good evening mayor and council.

850
01:20:46,000 --> 01:20:49,000
My name is Bill Schrader.

851
01:20:49,000 --> 01:20:52,000
I would purposely wait to go close the last.

852
01:20:52,000 --> 01:20:56,000
So I don't have to repeat what's already been said by many others.

853
01:20:56,000 --> 01:21:06,000
One of the things I would like to say is I appreciate the passion by all the folks here tonight who want to save this facility.

854
01:21:06,000 --> 01:21:15,000
However, sometimes it's really better to kind of step back away from the bark and look at the trees and the forest.

855
01:21:15,000 --> 01:21:23,000
One thing that's not been discussed that I want to bring up is even if this group was able to find a benefactor.

856
01:21:23,000 --> 01:21:26,000
I don't know Bill Gates or somebody else.

857
01:21:26,000 --> 01:21:34,000
To tear this building down because it's not structurally sound and building new theater I.E. similar to the fox or the paramount.

858
01:21:34,000 --> 01:21:37,000
What would that do to the freight?

859
01:21:38,000 --> 01:21:45,000
The you see theater struggling don't know what impact it would have on the Greek.

860
01:21:45,000 --> 01:21:48,000
But I don't think this is a good use of this particular property.

861
01:21:48,000 --> 01:21:49,000
Thank you.

862
01:21:49,000 --> 01:21:50,000
Thank you.

863
01:21:50,000 --> 01:21:52,000
Okay.

864
01:21:52,000 --> 01:21:53,000
Folks.

865
01:21:53,000 --> 01:21:55,000
I know there's a lot of folks standing kind of near the wall.

866
01:21:55,000 --> 01:21:57,000
So I just want to make sure you coming to speak.

867
01:21:57,000 --> 01:21:58,000
No.

868
01:21:58,000 --> 01:21:59,000
Go ahead.

869
01:22:00,000 --> 01:22:05,000
My name's Horos Gray.

870
01:22:05,000 --> 01:22:08,000
My grandfather went to UC Berkeley in 38.

871
01:22:08,000 --> 01:22:11,000
I went to Berkeley high class of 84.

872
01:22:11,000 --> 01:22:13,000
I can't afford to live in Berkeley.

873
01:22:13,000 --> 01:22:15,000
I got to live on 60 second bankrupt.

874
01:22:15,000 --> 01:22:17,000
But I want, but the theater should stay.

875
01:22:17,000 --> 01:22:21,000
I know there's no way in a God's green earth with my $100,000 a year salary.

876
01:22:21,000 --> 01:22:23,000
I'm going to be able to afford to live in that tower.

877
01:22:23,000 --> 01:22:25,000
I can't move to Berkeley and live in that tower.

878
01:22:25,000 --> 01:22:28,000
What you need downtown is a reason to come downtown.

879
01:22:28,000 --> 01:22:30,000
And there is no reason to come downtown.

880
01:22:30,000 --> 01:22:37,000
There's a, there's a, there's a two-bit punk rock club that everybody been over backwards to get to happen.

881
01:22:37,000 --> 01:22:43,000
The Castro theater got, got the, got the cart once treatment getting rebuilt over in the city and recently.

882
01:22:43,000 --> 01:22:45,000
You know.

883
01:22:45,000 --> 01:22:48,000
You can't, you can't fill the schools in San Francisco.

884
01:22:48,000 --> 01:22:50,000
Housing is not a problem.

885
01:22:50,000 --> 01:22:52,000
Housing is not really a problem.

886
01:22:52,000 --> 01:22:57,000
It's the, the price of rents in, in, in these pay that are the problem.

887
01:22:57,000 --> 01:22:59,000
Save the, save the UC theater.

888
01:22:59,000 --> 01:23:00,000
Do what they did at the Fox.

889
01:23:00,000 --> 01:23:01,000
Make it happen.

890
01:23:01,000 --> 01:23:05,000
The, the Fox theater single handedly revitalized downtown Oakland.

891
01:23:05,000 --> 01:23:06,000
Period.

892
01:23:06,000 --> 01:23:07,000
Thank you.

893
01:23:07,000 --> 01:23:12,000
Our final in-person commenter, I believe.

894
01:23:12,000 --> 01:23:14,000
Good evening.

895
01:23:14,000 --> 01:23:15,000
My name is Susan Lippman.

896
01:23:15,000 --> 01:23:17,000
I'm speaking in opposition.

897
01:23:17,000 --> 01:23:21,000
I do not understand this plan that seems to,

898
01:23:21,000 --> 01:23:24,000
basically remove a lot of the existing culture.

899
01:23:24,000 --> 01:23:29,000
However long it's been there in downtown already to replace with homes that are not affordable.

900
01:23:29,000 --> 01:23:37,000
There is a small portion that might go to a few people while the rest is just increasingly beyond anything already in existence.

901
01:23:37,000 --> 01:23:42,000
And there is higher and higher buildings all coming into the same time.

902
01:23:42,000 --> 01:23:46,000
Blocks have been shut down for buildings that don't have funding to come into place.

903
01:23:46,000 --> 01:23:48,000
What is there?

904
01:23:48,000 --> 01:23:49,000
Nothing now.

905
01:23:49,000 --> 01:23:58,000
You're wanting to build a concentrated downtown for people to enjoy by only building homes for people to come into and then go elsewhere.

906
01:23:58,000 --> 01:24:03,000
We need more of what's already around revitalized.

907
01:24:03,000 --> 01:24:11,000
And what has been come into place as new housing is not operating in mixed use or being lived in.

908
01:24:11,000 --> 01:24:14,000
They're above the average price.

909
01:24:15,000 --> 01:24:16,000
Thank you.

910
01:24:16,000 --> 01:24:20,000
Any other, any other in-person comments?

911
01:24:20,000 --> 01:24:23,000
If not, we're going to move online.

912
01:24:23,000 --> 01:24:25,000
Okay.

913
01:24:25,000 --> 01:24:30,000
We currently have 11 hands raised on the Zoom, but 12.

914
01:24:30,000 --> 01:24:32,000
13.

915
01:24:32,000 --> 01:24:38,000
If you're interested in providing a public comment, please use the raise hand function on the Zoom.

916
01:24:38,000 --> 01:24:48,000
And we will begin calling on speakers first is Gayle Simpson.

917
01:24:48,000 --> 01:24:52,000
I yield my time to Madeline Roberts.

918
01:24:52,000 --> 01:24:56,000
Okay.

919
01:24:56,000 --> 01:25:03,000
Madeline Roberts is the next speaker and Madeline will have two minutes.

920
01:25:04,000 --> 01:25:08,000
By there, Berkeley high school, class of 2012, I'm also a former home builder.

921
01:25:08,000 --> 01:25:14,000
I recognize that home builders in California are trying to do the Lord's work as our policy makers.

922
01:25:14,000 --> 01:25:17,000
However, let me just tell you this, EMBs.

923
01:25:17,000 --> 01:25:19,000
I am typically one of you.

924
01:25:19,000 --> 01:25:31,000
But in this case, there are hundreds of sites included in the Berkeley housing element, which was a herkaly and effort by the city to make pave way for housing development sites.

925
01:25:31,000 --> 01:25:34,000
And that was an enormous process.

926
01:25:34,000 --> 01:25:38,000
Two to seven foreshaddock is conspicuously not one of them.

927
01:25:38,000 --> 01:25:43,000
Therefore, the downtown area plan, which was the culmination of hundreds of public meetings.

928
01:25:43,000 --> 01:25:51,000
And I believe seven years, and an enormous democratic process that many retailers bought or rented their spaces accordingly with.

929
01:25:51,000 --> 01:25:54,000
Still stands, and many of those policies are still objective.

930
01:25:54,000 --> 01:26:01,000
Patrick Kennedy closed on the land knowing full well this site was not included in the updated housing element.

931
01:26:01,000 --> 01:26:04,000
Therefore, we're still governed by the downtown area plan.

932
01:26:04,000 --> 01:26:05,000
He took on that risk.

933
01:26:05,000 --> 01:26:11,000
I don't know if he has a superb land basis, or you thought he could get away with a cyclocratic local exemption.

934
01:26:11,000 --> 01:26:20,000
I'll add that's in a world, the operator that was formerly in the UAF is a UK-based company and was going through global restructuring at the time it pulled out.

935
01:26:20,000 --> 01:26:22,000
So I don't believe that comment was in good faith.

936
01:26:22,000 --> 01:26:32,000
Next, I'll say this, Mill Valley, the Marina District, Hayes Valley, the Mission District, Lafayette even, as of late, the Elmwood, uptown Oakland.

937
01:26:32,000 --> 01:26:39,000
These are all neighborhoods you want to be in, you want to work in, you want to fall in love in, you want to meet your friends in.

938
01:26:39,000 --> 01:26:47,000
These are our senses of places, these are what are called the third places. They have thought like hell to preserve their movie Peters.

939
01:26:47,000 --> 01:26:51,000
I have a brother-in-law from Australia, he's only ever been to Berkeley once.

940
01:26:51,000 --> 01:26:56,000
He was pre-COVID and he remembers it fondly because he went to an animation film festival in downtown Berkeley.

941
01:26:56,000 --> 01:26:58,000
He remembers that vividly.

942
01:26:58,000 --> 01:27:01,000
I am not an historical preservationist.

943
01:27:01,000 --> 01:27:07,000
Rather, I care about providing accessible and equitable third places in downtown Jefferson.

944
01:27:07,000 --> 01:27:08,000
Thank you.

945
01:27:08,000 --> 01:27:09,000
Thank you.

946
01:27:09,000 --> 01:27:10,000
Thanks here, comment.

947
01:27:10,000 --> 01:27:20,000
Next is Kate Bolton Schmuckler.

948
01:27:20,000 --> 01:27:26,000
Hi there.

949
01:27:26,000 --> 01:27:35,000
So I just wanted to support the theater being looked over carefully by following the law.

950
01:27:35,000 --> 01:27:38,000
I want to support the folks at what the theater to stay put.

951
01:27:38,000 --> 01:27:41,000
Because once it's gone, it's gone.

952
01:27:41,000 --> 01:27:43,000
I can't afford Berkeley either.

953
01:27:43,000 --> 01:27:47,000
I live, I'm slowing it in El Serito and I hardly go to downtown Berkeley anymore.

954
01:27:47,000 --> 01:27:50,000
I'm getting born and raised in the bay.

955
01:27:50,000 --> 01:27:52,000
Just because there's not much to go to.

956
01:27:52,000 --> 01:27:55,000
I don't I can't afford to play stuff a lot.

957
01:27:55,000 --> 01:27:59,000
But theaters, you know, movies are something a lot more affordable.

958
01:27:59,000 --> 01:28:05,000
And I do think we really need to value our third spaces, especially with fascism on the rise.

959
01:28:05,000 --> 01:28:09,000
We need safe places together and be in a community together.

960
01:28:09,000 --> 01:28:11,000
And I don't think it's either or.

961
01:28:11,000 --> 01:28:13,000
It's not housing or theater.

962
01:28:13,000 --> 01:28:15,000
Let's get creative and think maybe we can have both.

963
01:28:15,000 --> 01:28:17,000
So.

964
01:28:17,000 --> 01:28:20,000
Once is our deco icon is gone.

965
01:28:20,000 --> 01:28:21,000
There's no way in hell.

966
01:28:21,000 --> 01:28:25,000
Anyone's going to rebuild it to this to this beautiful glory that it is.

967
01:28:25,000 --> 01:28:26,000
Thank you.

968
01:28:26,000 --> 01:28:27,000
Thanks.

969
01:28:27,000 --> 01:28:34,000
Next is Harvey Smith.

970
01:28:34,000 --> 01:28:46,000
Harvey should be able to unmute.

971
01:28:46,000 --> 01:28:48,000
I'm sorry.

972
01:28:48,000 --> 01:28:52,000
I just want to point out a broader perspective here.

973
01:28:52,000 --> 01:28:54,000
The national trust for historic preservation.

974
01:28:54,000 --> 01:28:59,000
The country's leading preservation organization has recently featured.

975
01:28:59,000 --> 01:29:03,000
The preservation of a number of historic theaters across the country.

976
01:29:03,000 --> 01:29:09,000
Let me quote, Caroline the president and CEO who underscored quote.

977
01:29:09,000 --> 01:29:15,000
The indisputable truth that historic preservation doesn't stifle progress.

978
01:29:15,000 --> 01:29:19,000
It fuels it by reinvesting in in historic places.

979
01:29:19,000 --> 01:29:23,000
We unlock their potential to foster economic development.

980
01:29:23,000 --> 01:29:31,000
Sustain local character and enhance people's lives in both immediate and lasting ways.

981
01:29:31,000 --> 01:29:37,000
So the question that I want to bring to you.

982
01:29:37,000 --> 01:29:42,000
When I ask is Berkeley has been on the forefront of so many important issues.

983
01:29:42,000 --> 01:29:49,000
Why is Berkeley now so far behind with this on on the issue of preservation.

984
01:29:49,000 --> 01:29:50,000
Thank you.

985
01:29:50,000 --> 01:29:51,000
Thank you.

986
01:29:52,000 --> 01:29:55,000
Sorry.

987
01:29:55,000 --> 01:30:00,000
Can I just check in really quick how many comments?

988
01:30:00,000 --> 01:30:01,000
Do we have left?

989
01:30:01,000 --> 01:30:02,000
Still 13.

990
01:30:02,000 --> 01:30:04,000
Okay, 13.

991
01:30:04,000 --> 01:30:06,000
Allow, allow, allow an hour back.

992
01:30:06,000 --> 01:30:11,000
Okay, because I do want to give council a chance to take a stretch break if there are a lot more

993
01:30:11,000 --> 01:30:12,000
comments left.

994
01:30:12,000 --> 01:30:16,000
Or folks feeling like they need a quick stretch breaker.

995
01:30:16,000 --> 01:30:18,000
You're okay.

996
01:30:18,000 --> 01:30:19,000
12 more.

997
01:30:19,000 --> 01:30:20,000
12.

998
01:30:20,000 --> 01:30:21,000
Okay.

999
01:30:21,000 --> 01:30:23,000
All right, so I think we should take a break though after the 12.

1000
01:30:23,000 --> 01:30:26,000
Because that is a really long time for us to be sitting.

1001
01:30:26,000 --> 01:30:27,000
Okay.

1002
01:30:27,000 --> 01:30:28,000
Go ahead.

1003
01:30:28,000 --> 01:30:32,000
Good evening, everyone.

1004
01:30:32,000 --> 01:30:40,000
With so many of the downtown construction projects stalled by the developers to a date uncertain.

1005
01:30:40,000 --> 01:30:44,000
Imagine if you don't require the sequa.

1006
01:30:44,000 --> 01:30:50,000
If you don't follow the law and this project goes the way of so many others.

1007
01:30:50,000 --> 01:30:52,000
You'll feel horrible.

1008
01:30:52,000 --> 01:30:56,000
It won't be a good, it won't be a good feeling for anybody.

1009
01:30:56,000 --> 01:31:03,000
So just to buy it by the law, because not only is it the law, but it'd be so refreshing in our current political

1010
01:31:03,000 --> 01:31:04,000
climate.

1011
01:31:04,000 --> 01:31:10,000
And then in the meantime, we can partner with this vast potentially 100,000 people strong community.

1012
01:31:10,000 --> 01:31:15,000
That's impassioned to create this theater to have a community space.

1013
01:31:15,000 --> 01:31:17,000
This is what we need and we can do this.

1014
01:31:17,000 --> 01:31:23,000
The city council is an Oakland enrichment and then the previous speaker just named so many others have

1015
01:31:23,000 --> 01:31:24,000
done.

1016
01:31:24,000 --> 01:31:25,000
Have done that.

1017
01:31:25,000 --> 01:31:30,000
Have partnered with the community and preserved theaters in their cities we can do this.

1018
01:31:30,000 --> 01:31:32,000
Please require the sequa.

1019
01:31:32,000 --> 01:31:33,000
Thank you.

1020
01:31:33,000 --> 01:31:38,000
Thank you.

1021
01:31:38,000 --> 01:31:41,000
Million King.

1022
01:31:41,000 --> 01:31:42,000
Yes.

1023
01:31:42,000 --> 01:31:44,000
This is David Macbad and Elliott on my wife's computer.

1024
01:31:44,000 --> 01:31:47,000
I'm a writer and Berkeley resident of 16 years.

1025
01:31:47,000 --> 01:31:51,000
You know, I used to take pride in telling my friends I lived within walking distance of four

1026
01:31:51,000 --> 01:31:52,000
movie theaters.

1027
01:31:52,000 --> 01:31:56,000
Now I lamented the destruction and droughtscape, not just a city pop mark by a band and

1028
01:31:56,000 --> 01:31:59,000
storefronts but scarred by entire rows of blight.

1029
01:31:59,000 --> 01:32:01,000
Our movie's dead.

1030
01:32:01,000 --> 01:32:02,000
Consider.

1031
01:32:02,000 --> 01:32:07,000
In summer 23, seen in Crow that Marvin Hymers box office success has re-awaken America's movie going

1032
01:32:07,000 --> 01:32:08,000
muscle.

1033
01:32:08,000 --> 01:32:13,000
Last Thanksgiving, the Hollywood Reporter boasted domestic revenue for the five day weekend sword

1034
01:32:13,000 --> 01:32:14,000
to an all-time high.

1035
01:32:14,000 --> 01:32:19,000
And just this past week in the latest barbiness double features for it another blockbuster holiday

1036
01:32:19,000 --> 01:32:20,000
album.

1037
01:32:20,000 --> 01:32:23,000
That foot traffic and energy can return to downtown Berkeley.

1038
01:32:23,000 --> 01:32:25,000
See the sellout lines at Vampa's single screen.

1039
01:32:25,000 --> 01:32:29,000
See the thriving corner of college in Ashley anchored by the Elm with theater.

1040
01:32:29,000 --> 01:32:33,000
See the families flocking to Berkeley's movies in the park each summer.

1041
01:32:33,000 --> 01:32:36,000
I enthusiastically voted for the Manhattanization of Berkeley.

1042
01:32:36,000 --> 01:32:41,000
But I took for granted that the vision called for bustling streets for arriving restaurants and

1043
01:32:41,000 --> 01:32:42,000
movie theaters.

1044
01:32:42,000 --> 01:32:43,000
You know, like Manhattan.

1045
01:32:43,000 --> 01:32:59,000
The next is Chance, Bereci, Bereci.

1046
01:32:59,000 --> 01:33:00,000
Anyway, thank you.

1047
01:33:00,000 --> 01:33:02,000
Good evening Mary Sheen, members of the City Council.

1048
01:33:02,000 --> 01:33:07,000
My name is Chance Bereci, I'm here speaking on behalf of East Bay for everyone.

1049
01:33:07,000 --> 01:33:12,000
It's interesting that some of the applicants here are talking as though the council has a discretion

1050
01:33:12,000 --> 01:33:14,000
to conduct a full-secret review or not.

1051
01:33:14,000 --> 01:33:16,500
That's really not the question here before us tonight.

1052
01:33:16,500 --> 01:33:23,040
The question is whether or not the CAB was acting in accordance with the law and with AB 1633,

1053
01:33:23,040 --> 01:33:26,000
when they granted a categorical exemption.

1054
01:33:26,000 --> 01:33:30,000
I think the evidence is massively substantial that they were.

1055
01:33:30,000 --> 01:33:34,500
And past that, nothing here really matters.

1056
01:33:34,500 --> 01:33:40,000
This is a question about who's side the law is on and whether the CAB acted correctly.

1057
01:33:40,000 --> 01:33:45,000
Now getting into those extra legal concerns,

1058
01:33:45,000 --> 01:33:50,000
the only way to maintain attractive amenities in downtown Berkeley is to have people that live near them.

1059
01:33:50,000 --> 01:33:54,000
And what cuts me up about this is that if the applicants had taken all this money they raised

1060
01:33:54,000 --> 01:33:58,000
and donated it to the new Parkway and Oakland, for example,

1061
01:33:58,000 --> 01:34:01,000
that could have done some real good for independent theater.

1062
01:34:01,000 --> 01:34:03,000
This will not.

1063
01:34:03,000 --> 01:34:06,000
Thank you.

1064
01:34:06,000 --> 01:34:13,000
Okay, next we have Andrew Talbot.

1065
01:34:13,000 --> 01:34:18,000
Hi, yes, I'm glad for the opportunity to be able to talk about this.

1066
01:34:18,000 --> 01:34:23,000
I want to second the person who said that you shouldn't listen to us.

1067
01:34:23,000 --> 01:34:27,000
The people that are willing and able to show up or talk on Zoom.

1068
01:34:27,000 --> 01:34:30,000
This started a thing, or not represented at Berkeley.

1069
01:34:30,000 --> 01:34:34,000
You were elected to make decisions for Berkeley, and also you were responsible for the law.

1070
01:34:34,000 --> 01:34:38,000
And hopefully you do not reject this housing, and have to get sued again,

1071
01:34:38,000 --> 01:34:41,000
because we will refer to the housing.

1072
01:34:41,000 --> 01:34:46,000
So please once again follow the law and approve this housing.

1073
01:34:46,000 --> 01:34:49,000
Thank you.

1074
01:34:49,000 --> 01:34:50,000
Okay.

1075
01:34:50,000 --> 01:34:51,000
Thanks.

1076
01:34:51,000 --> 01:34:53,000
Next is Kelly Hammergren.

1077
01:34:59,000 --> 01:35:01,000
Okay.

1078
01:35:01,000 --> 01:35:04,000
I wish we still had film in Berkeley.

1079
01:35:04,000 --> 01:35:07,000
Are you getting an echo, because I am.

1080
01:35:07,000 --> 01:35:09,000
No, no echo here.

1081
01:35:09,000 --> 01:35:10,000
Okay.

1082
01:35:10,000 --> 01:35:17,000
I wish we still had film in Berkeley, but if you should approve this project, please apply to this project.

1083
01:35:17,000 --> 01:35:21,000
The left permit ordinance.

1084
01:35:21,000 --> 01:35:29,000
It is written as one year, and so far it's rarely enforced, but council has previously made a section.

1085
01:35:29,000 --> 01:35:35,000
Exception and applied two years to the lapse permit.

1086
01:35:35,000 --> 01:35:42,000
I think I don't want it anymore dead zones and holes with stall project.

1087
01:35:42,000 --> 01:35:54,000
In our city, and so I ask which you would apply a two year lapse permit, if they're not initiating construction, the entitlement goes away.

1088
01:35:54,000 --> 01:35:57,000
So that's that's my comment.

1089
01:35:57,000 --> 01:36:00,000
Thank you.

1090
01:36:00,000 --> 01:36:01,000
Thanks, Kelly.

1091
01:36:01,000 --> 01:36:03,000
You're going to finish right on text.

1092
01:36:03,000 --> 01:36:06,000
We have Sandra Castleton.

1093
01:36:10,000 --> 01:36:13,000
Hi, I can't tell if I'm getting any.

1094
01:36:13,000 --> 01:36:15,000
Yes, we can hear you.

1095
01:36:15,000 --> 01:36:18,000
Hi, Mary, you should issue an council.

1096
01:36:18,000 --> 01:36:20,000
My name is Sandra Castleton.

1097
01:36:20,000 --> 01:36:26,000
I'm an Agents professor, Berkeley resident and parent of a community.

1098
01:36:26,000 --> 01:36:30,000
I'm a parent of a graduating Berkeley high student.

1099
01:36:30,000 --> 01:36:42,000
As a parent of a student who has been essentially living in the downtown area because of Berkeley high, it's been.

1100
01:36:42,000 --> 01:36:46,000
It's been very, it's been very tough and disheartening.

1101
01:36:46,000 --> 01:36:54,000
And I want to say that I think that the idea that this question is housing versus.

1102
01:36:55,000 --> 01:36:59,000
A movie theater is a false equivalency.

1103
01:36:59,000 --> 01:37:06,000
I think that this group is rightly asking for due diligence.

1104
01:37:06,000 --> 01:37:16,000
And I think of San Francisco now desperately trying to bring people back into the downtown.

1105
01:37:16,000 --> 01:37:21,000
And I think what we would see in very wealthy people.

1106
01:37:22,000 --> 01:37:24,000
Thank you, sir.

1107
01:37:24,000 --> 01:37:26,000
I could just hear a comment.

1108
01:37:26,000 --> 01:37:29,000
Next is Mark Siegel.

1109
01:37:34,000 --> 01:37:35,000
Hello.

1110
01:37:35,000 --> 01:37:37,000
Actually Sam here.

1111
01:37:37,000 --> 01:37:40,000
Cal alum who's always enjoyed the beautiful details in the UA one I went.

1112
01:37:40,000 --> 01:37:45,000
One only need to look to the San Francisco box to see what regret of just drawing the cinema palace looks like.

1113
01:37:45,000 --> 01:37:48,000
Contrary to Patrick Kennedy's falsehoods, the UA could be more than a cinema.

1114
01:37:48,000 --> 01:37:53,000
It could be a multi-purpose event space for live theater lectures, conferences, concerts, festivals, you name it.

1115
01:37:53,000 --> 01:37:58,000
There are notably more appropriate sites for housing and Berkeley, but this theater is irreplaceable.

1116
01:37:58,000 --> 01:38:03,000
In LA, the Egyptian face seemingly insurmountable structural issues yet Netflix restored it to high praise.

1117
01:38:03,000 --> 01:38:07,000
Follow the law and help pave the way for a brighter future for Berkeley.

1118
01:38:07,000 --> 01:38:10,000
One got it by community vision rather than Kennedy's greed.

1119
01:38:10,000 --> 01:38:14,000
Thank you.

1120
01:38:14,000 --> 01:38:19,000
Next we have Donna West.

1121
01:38:19,000 --> 01:38:23,000
Wait, hold on.

1122
01:38:23,000 --> 01:38:28,000
Donna West.

1123
01:38:28,000 --> 01:38:33,000
Hi.

1124
01:38:33,000 --> 01:38:35,000
Hi.

1125
01:38:35,000 --> 01:38:36,000
Okay.

1126
01:38:36,000 --> 01:38:37,000
Thank you.

1127
01:38:37,000 --> 01:38:40,000
Good evening Mayor City Council City staff.

1128
01:38:40,000 --> 01:38:48,000
I am a 40 year resident of the Bay Area and I understand the housing and the prices that we have to have.

1129
01:38:48,000 --> 01:38:52,000
But let's move into this new building.

1130
01:38:52,000 --> 01:38:58,000
Where is the entertainment in downtown Berkeley that we will have to go to?

1131
01:38:58,000 --> 01:39:05,000
Do the review both of these buildings may coexist as residents of the new building.

1132
01:39:05,000 --> 01:39:09,000
We need a place to gather and enjoy with each other.

1133
01:39:09,000 --> 01:39:13,000
These theaters are open across the country.

1134
01:39:13,000 --> 01:39:14,000
They are booming now.

1135
01:39:14,000 --> 01:39:24,000
Please leave the residents living in the apartment complex that we are building a place to gather for movie theater entertainment.

1136
01:39:24,000 --> 01:39:28,000
To get out of that closet living.

1137
01:39:28,000 --> 01:39:31,000
These two buildings may coexist.

1138
01:39:31,000 --> 01:39:36,000
Just let the public go in and see behind the partitions.

1139
01:39:36,000 --> 01:39:38,000
There are historic.

1140
01:39:38,000 --> 01:39:39,000
Thank you.

1141
01:39:39,000 --> 01:39:41,000
I'm sorry your time is up.

1142
01:39:41,000 --> 01:39:45,000
Next is Cheryl that a little former council member.

1143
01:39:45,000 --> 01:39:46,000
Thank you.

1144
01:39:46,000 --> 01:39:48,000
Can you hear me?

1145
01:39:48,000 --> 01:39:49,000
Yes.

1146
01:39:49,000 --> 01:40:00,000
So it's amazing that the owners of several theaters and filmmakers were at the meeting tonight.

1147
01:40:00,000 --> 01:40:05,000
Thank you to the Grand Lake, which is an amazing theater.

1148
01:40:05,000 --> 01:40:09,000
I just saw freaky tails there, premier.

1149
01:40:09,000 --> 01:40:18,000
And wouldn't that be nice if Berkeley could have a theater downtown to hold an event that was so amazing.

1150
01:40:18,000 --> 01:40:25,000
But Berkeley's downtown is vacant.

1151
01:40:25,000 --> 01:40:35,000
You know, the planning department always sides with Patrick Kennedy or any other multi-million dollar developer.

1152
01:40:35,000 --> 01:40:38,000
You shouldn't do the sequa.

1153
01:40:38,000 --> 01:40:43,000
Do what you're supposed to do when you're supposed to do it.

1154
01:40:43,000 --> 01:40:48,000
We market rate housing is not needed in Berkeley anymore.

1155
01:40:48,000 --> 01:40:51,000
And why are we looking at eagle at the whole time?

1156
01:40:51,000 --> 01:40:53,000
It's really not open.

1157
01:40:53,000 --> 01:40:55,000
Here your time is up.

1158
01:40:55,000 --> 01:40:56,000
Thank you.

1159
01:40:56,000 --> 01:41:01,000
Next is David Roberts.

1160
01:41:01,000 --> 01:41:05,000
I yield my time to Madeline Roberts to finish your statement.

1161
01:41:05,000 --> 01:41:07,000
Oh, you should.

1162
01:41:07,000 --> 01:41:08,000
Well, she already spoke.

1163
01:41:08,000 --> 01:41:10,000
You can't speak two different times.

1164
01:41:10,000 --> 01:41:11,000
Okay, then I'll speak.

1165
01:41:11,000 --> 01:41:13,000
Yes, go ahead.

1166
01:41:13,000 --> 01:41:16,000
I.

1167
01:41:16,000 --> 01:41:18,000
I don't professor at UC Berkeley.

1168
01:41:18,000 --> 01:41:21,000
I attended graduate school at Berkeley.

1169
01:41:21,000 --> 01:41:25,000
I loved going to the movies every time I had an evening off.

1170
01:41:25,000 --> 01:41:28,000
I recently attended Elmwood.

1171
01:41:28,000 --> 01:41:32,000
And it was a wonderful experience to go there during the day.

1172
01:41:32,000 --> 01:41:35,000
It no longer exists in downtown Berkeley.

1173
01:41:35,000 --> 01:41:37,000
You can do the right thing.

1174
01:41:37,000 --> 01:41:39,000
You can impose.

1175
01:41:39,000 --> 01:41:41,000
Follow the strict letter of the law.

1176
01:41:41,000 --> 01:41:46,000
Not what you staff tells you that they accomplished by their quote-unquote

1177
01:41:46,000 --> 01:41:49,000
Secret Review provisions.

1178
01:41:49,000 --> 01:41:50,000
Thank you.

1179
01:41:50,000 --> 01:41:51,000
Okay.

1180
01:41:51,000 --> 01:41:59,000
Madeline already spoke and Harvey already spoke.

1181
01:41:59,000 --> 01:42:00,000
So that's.

1182
01:42:00,000 --> 01:42:03,000
That's all of the online.

1183
01:42:03,000 --> 01:42:04,000
Commenters.

1184
01:42:04,000 --> 01:42:06,000
Okay, thank you very much.

1185
01:42:06,000 --> 01:42:10,000
I'd like to give us actually 15 minutes to take a break because.

1186
01:42:11,000 --> 01:42:15,000
I think we've been sitting a while and I know we want to do some comments.

1187
01:42:15,000 --> 01:42:18,000
So I'm really trying to model some self-care for us.

1188
01:42:18,000 --> 01:42:21,000
So I encourage all of you to get up and take a stretch break as well.

1189
01:42:21,000 --> 01:42:22,000
Have some water.

1190
01:42:22,000 --> 01:42:23,000
So thank you.

1191
01:42:23,000 --> 01:42:25,000
We'll be back recording stopped.

1192
01:42:40,000 --> 01:42:42,000
Thank you.

1193
01:43:10,000 --> 01:43:12,000
Thank you.

1194
01:43:40,000 --> 01:43:42,000
Thank you.

1195
01:44:10,000 --> 01:44:11,000
Thank you.

1196
01:44:40,000 --> 01:44:42,000
Thank you.

1197
01:59:30,000 --> 01:59:55,000
O, o, here we go. Hi, folks. Our break has come to an end. If I could please have you take your seats.

1198
01:59:55,000 --> 01:59:59,000
Thank you, everyone.

1199
02:00:00,000 --> 02:00:13,360
I appreciate the lively chatter. That's nice. Okay. All right. So we have just to recap. We did the staff report, presentation from the

1200
02:00:13,360 --> 02:00:19,360
appellant, presentation from the applicant. We took public comment, both in person on the morning in progress.

1201
02:00:19,360 --> 02:00:27,360
And now we are back in person to go over council comments and questions. So I will look to my

1202
02:00:27,360 --> 02:00:31,520
parliamentarian here to see if anyone would like to begin.

1203
02:00:32,800 --> 02:00:35,760
Oh, and I want to just acknowledge that we have both council members,

1204
02:00:35,760 --> 02:00:44,960
Kesherwani and Traygub, I think, still on our Zoom. So perhaps actually council members, if one of

1205
02:00:44,960 --> 02:00:54,240
you would like to go first since you're online, council member Traygub and Kesherwani are you there?

1206
02:00:55,200 --> 02:01:01,360
Okay, yes. I do not have any questions or comments at this time. Thank you. Okay. Thank you,

1207
02:01:01,360 --> 02:01:07,520
apologies. Okay. Go ahead, council member Traygub. Thank you. Thank you, Madam Mayor, and just to

1208
02:01:07,520 --> 02:01:16,160
clarify, is this question for me or questions and comments? Okay. Thank you. Okay.

1209
02:01:16,240 --> 02:01:29,840
I would like to thank everyone for devoting their time to be with us tonight. Thank you to

1210
02:01:30,560 --> 02:01:39,200
members of the public for being here as well as the many members of the public who have written in

1211
02:01:39,600 --> 02:01:49,520
with their comments. I have reviewed every single comment that I had the opportunity to review.

1212
02:01:50,880 --> 02:01:58,560
Let me start by painting a picture. The city has a deficit that is only likely to be aggravated

1213
02:01:58,560 --> 02:02:05,760
by the current political and financial situation in our nation and the world. The city manager

1214
02:02:05,840 --> 02:02:13,360
just issued a hiring fees. Parkly is just one of the American cities going through these financial

1215
02:02:13,360 --> 02:02:21,040
austerity measures. I also was just in a meeting with key state officials and the financial situation

1216
02:02:21,040 --> 02:02:28,880
at the state level does not look any more rosy. I did not want for office to shy away from difficult

1217
02:02:28,880 --> 02:02:36,800
decisions. But this one is undoubtedly one of the hardest ones that I hope I will have to make

1218
02:02:37,600 --> 02:02:45,200
because of its irreversibility and permanent nature. I'm a big supporter of the arts of a royal

1219
02:02:45,840 --> 02:02:55,680
and performing arts in particular. It breaks my heart truly to even contemplate an option of

1220
02:02:55,680 --> 02:03:05,440
demolishing a building that I have found memories of going to the movies in as a college student

1221
02:03:06,320 --> 02:03:13,040
that can never be replaced. The district that I'm honored to serve is unique in its richness and

1222
02:03:13,040 --> 02:03:21,040
diversity of art organizations, particularly in the performing arts. I've spoken to many

1223
02:03:21,120 --> 02:03:29,600
representatives of that industry. The financial picture of many arts organizations is pretty grim.

1224
02:03:30,800 --> 02:03:40,640
If anyone wants to be able to join me in saving the part of the arts district that we still have,

1225
02:03:41,120 --> 02:03:49,920
whether it be the UC theater or the freight or a water or a Berkeley web,

1226
02:03:51,040 --> 02:04:00,640
I urge you to please join me and consider supporting them by coming to see a movie or a concert

1227
02:04:01,360 --> 02:04:10,320
or a show or a concert there. I've met with people who agree in concept that historic buildings

1228
02:04:10,400 --> 02:04:18,320
and the UA theater should be protected and saved. In reality, unfortunately, the city has not

1229
02:04:18,320 --> 02:04:26,800
received any other offers or proposals for the UA theater. So this is the dilemma that I and my colleagues

1230
02:04:26,800 --> 02:04:35,120
are faced with. Deny the appeal and foregoal the construction of housing units that we desperately need

1231
02:04:36,000 --> 02:04:45,600
including dozens of low-income units or upholding the appeal in the hope that something happens

1232
02:04:45,600 --> 02:04:51,360
and somebody with millions of dollars buys this property. We have delegated it.

1233
02:04:52,160 --> 02:05:02,240
Possibly has to divert down to the studs to rebuild and then finds a profitable way to recreate the theater in it.

1234
02:05:02,560 --> 02:05:10,400
The first option promises to protect and restore the facade and the lobby and provides housing units.

1235
02:05:11,280 --> 02:05:18,240
This option will stop the dilapidation of the historic building, save the parts that are still in a condition

1236
02:05:18,240 --> 02:05:25,200
to be restored and also bring the city tax revenue that we desperately need as a community.

1237
02:05:26,160 --> 02:05:32,640
The second option has no guarantees of anything happening within the next several years

1238
02:05:33,360 --> 02:05:42,160
or beyond that. Unfortunately, I have not heard any concrete or even possibly realistic plans that

1239
02:05:42,160 --> 02:05:49,840
materialize and cleaning the wide investor to preserve the building the way it is. If I had a magic

1240
02:05:49,840 --> 02:05:57,840
one and in the absence of a new state law, AB 1633, I would have given more time to the people for

1241
02:05:57,840 --> 02:06:04,960
serious about preserving the theater to come up with realistic actionable leads that could not only

1242
02:06:04,960 --> 02:06:12,240
preserve the building but also generate the revenue to sustain it and bring much needed revenue and

1243
02:06:12,240 --> 02:06:20,160
liveliness to the city and district. That is not what is before us tonight, however.

1244
02:06:22,960 --> 02:06:31,200
I will just say both supporters and opponents of the project and I have listened to every one of

1245
02:06:31,200 --> 02:06:39,760
your comments and have taken meticulous notes on your key points. Both of you have implored us to

1246
02:06:39,760 --> 02:06:47,840
follow the law and do the right thing. In the absence of any case law on the matter, as this is a

1247
02:06:47,840 --> 02:06:55,680
new law that has not been tested, I am following the recommendation of our city attorney, which I believe

1248
02:06:55,680 --> 02:07:05,520
to be legally sound. I will also note there was a comment about looking at lapsed permits. This is not

1249
02:07:06,400 --> 02:07:13,200
this is not before us tonight, but please know that my office is in conversation with the city

1250
02:07:13,200 --> 02:07:23,440
manager about what to do if something is demolished and then construction is not initiated within

1251
02:07:23,440 --> 02:07:32,240
a reasonable amount of time. Before my final decision tonight, I would like to ask staff the applicant

1252
02:07:32,320 --> 02:07:39,600
an appellant of questions and provide information for both my and the public's benefit to better

1253
02:07:39,600 --> 02:07:52,720
understand the issue at hand. For the staff, can you comment on the question, there was a comment

1254
02:07:52,720 --> 02:08:00,240
that was made about the developer not legally required to retain the lobby or the features inside

1255
02:08:00,240 --> 02:08:09,040
the theater that our team to be historic and must be preserved? Can you speak to the force and effect

1256
02:08:09,040 --> 02:08:19,600
of conditions of approval in the item before us as well as what steps could be taken should there be

1257
02:08:19,600 --> 02:08:26,000
a failure by the applicant to comply with such conditions of approval? Real quick, before you respond,

1258
02:08:26,080 --> 02:08:30,400
councilmember, could you just give us a sense of how many questions you have and if you're asking

1259
02:08:31,120 --> 02:08:36,320
both applicant and appellant, I'd want to ask that they come closer to the front so that they can respond.

1260
02:08:37,760 --> 02:08:43,840
That is my only question for staff and I'd have three questions, a piece for the applicant and

1261
02:08:43,840 --> 02:08:52,240
appellant, which I will ask in rapid fire format to say the little bit of time. Okay, thank you.

1262
02:08:52,960 --> 02:09:03,280
Thank you for the question, councilmember. So the lobby is not considered in any of the studies

1263
02:09:03,280 --> 02:09:11,280
as one of the character defining a features and so that was not one of the features that was asked to

1264
02:09:11,280 --> 02:09:18,320
be preserved and LBC did not list it as one of the features that should be preserved in its designation.

1265
02:09:19,120 --> 02:09:30,800
The Zab did attach a condition of approval to the permit requiring a historic resource inventory

1266
02:09:31,520 --> 02:09:38,320
of the parts of the building. I think mainly the interior parts of the buildings that should be

1267
02:09:39,520 --> 02:09:45,200
studied and put into an inventory and submitted to land use planning prior to final design review.

1268
02:09:46,160 --> 02:09:55,120
The project, the inventory needs to go to final design review and be subject to DRC review

1269
02:09:56,480 --> 02:09:58,960
before final design review is approved.

1270
02:10:01,760 --> 02:10:14,560
Thank you. What happens if if the tail end of the process what accountability does the city have to

1271
02:10:14,560 --> 02:10:20,240
make sure that the applicant stands by these conditions of approval?

1272
02:10:23,520 --> 02:10:26,560
Has they agreed to the conditions of approval of the permits?

1273
02:10:28,720 --> 02:10:35,360
The city will not approve the building permits until all the conditions are met.

1274
02:10:35,360 --> 02:10:46,480
Thank you. DRC is the design review committee of the commission of the city.

1275
02:10:46,480 --> 02:10:52,560
For the applicant, can you please describe the state of the building?

1276
02:10:55,600 --> 02:11:02,560
Can you describe which historical components are going to be preserved and restored in their

1277
02:11:02,560 --> 02:11:07,120
entirety or partially if you have that information at the moment?

1278
02:11:08,560 --> 02:11:13,760
Sorry, four questions. Can you please elaborate on the construction timeline that you estimate?

1279
02:11:14,320 --> 02:11:20,000
Can you also please provide some information regarding the estimated revenue to the city after

1280
02:11:20,000 --> 02:11:25,040
your proposed project is complete? Okay, is this on?

1281
02:11:25,760 --> 02:11:35,120
Well, the building that we're proposing is probably going to be worth north of $120 million in taxable

1282
02:11:35,120 --> 02:11:41,280
real estate. So the city's property tax would probably be $2 to $3 million a year.

1283
02:11:44,080 --> 02:11:51,440
And the state of the building right now, the the theater part of it is we have photographs of it over there.

1284
02:11:51,440 --> 02:11:59,200
It's non-ductal unreinforced concrete. It's spalling the rebar in it is rotting and resting.

1285
02:11:59,200 --> 02:12:05,600
You can see photographs of it in much the same fashion actually of that condominium in Florida that collapsed when the

1286
02:12:05,600 --> 02:12:09,440
rebar in it rusted and it lost the structural integrity.

1287
02:12:11,280 --> 02:12:17,920
The lobby, however, is in pretty decent shape. It doesn't show water damage nor spalling of the concrete.

1288
02:12:18,480 --> 02:12:26,160
And the facade in front is also in decent shape. The part that is the remains of the the lower one third of it has been removed

1289
02:12:26,960 --> 02:12:35,440
and we're going to be adding new storefront there and then restoring the upper two thirds of it per the request of the LPC.

1290
02:12:36,160 --> 02:12:43,200
Thank you. Let me just make sure. Yeah.

1291
02:12:44,800 --> 02:12:51,680
Construction timeline to the extent you can estimate that given the current situation nationally.

1292
02:12:53,680 --> 02:13:01,440
That is very hard to predict. It's the the the the the the the the proposed terrors are

1293
02:13:02,000 --> 02:13:07,440
good as significantly impact construction materials and it's it's really

1294
02:13:09,920 --> 02:13:15,040
a cipher right now to be honest we have no idea what's what's steel lumber

1295
02:13:16,160 --> 02:13:25,600
components from Mexico and elsewhere are going to cost but assuming that that stabilizes once we build the building

1296
02:13:25,600 --> 02:13:34,400
it will take approximately 24 months. Thank you and I do have three questions for the appellant.

1297
02:13:35,440 --> 02:13:41,280
Could you please share some specific ideas that you think are worth pursuing in order to protect and we

1298
02:13:41,280 --> 02:13:48,560
have to locate the theater. Have you encountered anyone who is willing to invest time and money

1299
02:13:48,560 --> 02:13:55,440
into the preservation and rehabilitation of the theater? And according to the information you have

1300
02:13:55,440 --> 02:14:02,000
can you please share what's actual condition that the other is in? So I'm going to address I'm

1301
02:14:02,000 --> 02:14:06,160
the attorney for the appellant. I'm going to address the first question and ask other members of the

1302
02:14:06,160 --> 02:14:11,280
appellants to address the second and third questions. Can you identify those people so that they can

1303
02:14:11,280 --> 02:14:16,400
start moving towards the front? Please.

1304
02:14:16,400 --> 02:14:29,520
Okay. So ideas for rehabilitating. I think that was the first question. So one of the things

1305
02:14:29,520 --> 02:14:35,280
that an EIR would do would be to investigate ideas for rehabilitating the project. I mean the building

1306
02:14:35,280 --> 02:14:41,680
are what other feasible alternatives there might be to this particular project description. So I do

1307
02:14:41,680 --> 02:14:48,880
not have those ideas because that investigation has not happened and exempting the project from

1308
02:14:48,880 --> 02:14:55,200
sequa would prevent that investigation from happening and that's the entire point of my presentation

1309
02:14:55,200 --> 02:15:00,480
as that investigation should happen so that those ideas can be vetted publicly.

1310
02:15:00,000 --> 02:15:07,000
The sequel has a public process when you have an EIR. This exemption process is kind of quasi-public,

1311
02:15:07,000 --> 02:15:12,000
because you have an appeal right from the ZAB, but the public participation is not built

1312
02:15:12,000 --> 02:15:17,000
in. Whereas if you have an EIR, the public participation is built in, and at that point you

1313
02:15:17,000 --> 02:15:24,000
would have a free forum for ideas that would be alternative to this particular project.

1314
02:15:24,000 --> 02:15:29,000
Thank you.

1315
02:15:29,000 --> 02:15:36,000
Okay, council member, your other two questions were for these folks, I think, to answer.

1316
02:15:36,000 --> 02:15:40,000
We have a wishes to answer them.

1317
02:15:40,000 --> 02:15:47,000
I forgot to introduce myself earlier in Rose Ellis.

1318
02:15:47,000 --> 02:15:52,000
Can you reframe the question again, please?

1319
02:15:52,000 --> 02:16:00,000
Absolutely. Have you encountered anyone who is willing to invest time and money

1320
02:16:00,000 --> 02:16:04,000
into the preservation and rehabilitation of the theater?

1321
02:16:04,000 --> 02:16:11,000
And according to the information you have, can you please share what's structural condition the theater is in?

1322
02:16:12,000 --> 02:16:14,000
Ellen, would you come up here?

1323
02:16:14,000 --> 02:16:22,000
Well, and we did submit a rebuttal to their structural report and that is part of our appeal,

1324
02:16:22,000 --> 02:16:28,000
and so you should have had that to read, and that was written by a couple of people in our group

1325
02:16:28,000 --> 02:16:32,000
who are theater historians and also people of run theaters.

1326
02:16:32,000 --> 02:16:38,000
I'm going to have Ellen Michelle and come up and explain the condition of the concrete.

1327
02:16:38,000 --> 02:16:49,000
But I just want to say if we had come up with people who wanted to buy this theater or come up with money,

1328
02:16:49,000 --> 02:16:56,000
then we would have been accused of being a self-interest trying to take over the property from Kennedy.

1329
02:16:56,000 --> 02:16:59,000
So that was kind of a no-win situation.

1330
02:16:59,000 --> 02:17:10,000
We only have five months to really, I'm sorry, five hearings to fight for the theater,

1331
02:17:10,000 --> 02:17:19,000
and we don't feel that it was our purview, our responsibility to find somebody to buy the building.

1332
02:17:19,000 --> 02:17:22,000
We're here, we're here to argue about sequel and the law.

1333
02:17:22,000 --> 02:17:25,000
I think that that answers the council member's question.

1334
02:17:25,000 --> 02:17:29,000
Okay, he's going to discuss, well, I just wanted to add to that.

1335
02:17:29,000 --> 02:17:32,000
You know, we are, you know, we've been accused of raising money.

1336
02:17:32,000 --> 02:17:34,000
We only raised money at the end.

1337
02:17:34,000 --> 02:17:36,000
We've just been working basically off nothing.

1338
02:17:36,000 --> 02:17:50,000
And so I'm just going to say this unfair on this community group to suddenly be a deep pocketed multi-million-dollar development interest to provide an alternative.

1339
02:17:50,000 --> 02:17:53,000
I'm sorry, I don't think the council member's question.

1340
02:17:53,000 --> 02:17:59,000
I think my question has been answered unless there's something you'd like to add on the question.

1341
02:17:59,000 --> 02:18:02,000
We're just trying to explain.

1342
02:18:02,000 --> 02:18:03,000
Excuse me, I'm sorry.

1343
02:18:03,000 --> 02:18:04,000
I understand.

1344
02:18:04,000 --> 02:18:07,000
And I think his question was just whether or not you had identified for it.

1345
02:18:07,000 --> 02:18:09,000
And it's okay that you had a lot of questions.

1346
02:18:09,000 --> 02:18:14,000
It's just a theater, and there's definitely, but if you destroy all options or loss, I think.

1347
02:18:14,000 --> 02:18:16,000
I'm, I'm there, student.

1348
02:18:16,000 --> 02:18:19,000
And okay, so you're going to answer the question.

1349
02:18:19,000 --> 02:18:24,000
If you want to speak to the, I believe that your question is about the structure structure.

1350
02:18:24,000 --> 02:18:25,000
Yes.

1351
02:18:25,000 --> 02:18:30,000
The developer just referred to this as an unre-enforced concrete building.

1352
02:18:30,000 --> 02:18:34,000
That just is not what the definition of this building is.

1353
02:18:34,000 --> 02:18:38,000
unre-enforced concrete is concrete without steel and re-bar.

1354
02:18:38,000 --> 02:18:41,000
This building is the same construction as the Grand Lake.

1355
02:18:41,000 --> 02:18:47,000
We have some spawning issues on the back of my theater a few years ago that sort of looked like that.

1356
02:18:47,000 --> 02:18:51,000
And what you do when you have that is you expose the area.

1357
02:18:51,000 --> 02:18:55,000
You sand down the re-bar and the steel to remove the rust.

1358
02:18:55,000 --> 02:18:58,000
You've then you treat it with for a stoleum or something.

1359
02:18:58,000 --> 02:19:00,000
And then you put the concrete back.

1360
02:19:00,000 --> 02:19:05,000
It's what they do on the Golden Gate Bridge year in year out.

1361
02:19:05,000 --> 02:19:11,000
It's what's done on any 20s or 30s or teens, steel and concrete building.

1362
02:19:11,000 --> 02:19:13,000
That building is a fortress.

1363
02:19:14,000 --> 02:19:16,000
The Grand Lake is the same way.

1364
02:19:16,000 --> 02:19:19,000
It's steel everywhere and concrete.

1365
02:19:19,000 --> 02:19:21,000
It is a high quality building.

1366
02:19:21,000 --> 02:19:24,000
I think you can't call it unre-enforced concrete.

1367
02:19:24,000 --> 02:19:26,000
I think you've addressed the question.

1368
02:19:26,000 --> 02:19:28,000
Thank you so much.

1369
02:19:28,000 --> 02:19:33,000
So I appreciate everyone going into detail.

1370
02:19:33,000 --> 02:19:42,000
And I've done my very best to review the full body of the record and the communications that we have received.

1371
02:19:43,000 --> 02:19:46,000
We are bounded by state law.

1372
02:19:46,000 --> 02:19:50,000
It is fast moving and it has changed in this regard.

1373
02:19:50,000 --> 02:19:53,000
Regardless of what happens tonight though.

1374
02:19:53,000 --> 02:20:04,000
I think we can all agree and we will welcome everyone's engagement and ideas about what we can do to ensure that downtown remains.

1375
02:20:04,000 --> 02:20:12,000
We are able to do this by an order becomes again a vibrant, safe, accessible, affordable destination.

1376
02:20:12,000 --> 02:20:13,000
Thank you.

1377
02:20:13,000 --> 02:20:15,000
Thank you, council member.

1378
02:20:15,000 --> 02:20:17,000
I'm going to move on to council member Bartlett.

1379
02:20:17,000 --> 02:20:19,000
Thank you, Madam Mayor.

1380
02:20:19,000 --> 02:20:24,000
And I want to thank the people for your energy tonight.

1381
02:20:24,000 --> 02:20:29,000
It's a really warm the heart to see people care about something in our community.

1382
02:20:29,000 --> 02:20:31,000
And I always encourage it.

1383
02:20:31,000 --> 02:20:34,000
And the arts are very special to me and to us.

1384
02:20:34,000 --> 02:20:35,000
And you right.

1385
02:20:35,000 --> 02:20:37,000
We should have a movie theater downtown.

1386
02:20:37,000 --> 02:20:39,000
We should have things downtown.

1387
02:20:39,000 --> 02:20:41,000
We should have places to walk to.

1388
02:20:41,000 --> 02:20:45,000
This culture of our city is one of walkability and enjoyment.

1389
02:20:45,000 --> 02:20:51,000
However, it seems as if this moment is not the one.

1390
02:20:51,000 --> 02:20:56,000
And you know, what we did lose three theaters and one short time the same way.

1391
02:20:56,000 --> 02:20:59,000
The same way open lost three sports teams.

1392
02:20:59,000 --> 02:21:01,000
Not a good look.

1393
02:21:01,000 --> 02:21:06,000
However, this project will not be the one to save that condition.

1394
02:21:06,000 --> 02:21:09,000
It is out of reach and scale.

1395
02:21:09,000 --> 02:21:11,000
The cost is prohibitive.

1396
02:21:11,000 --> 02:21:17,000
And the very nature of it is just beyond the scope of this city to rescue.

1397
02:21:17,000 --> 02:21:19,000
And nature of this project as well.

1398
02:21:19,000 --> 02:21:21,000
In terms of the commercial aspect.

1399
02:21:21,000 --> 02:21:23,000
That trains up the building.

1400
02:21:23,000 --> 02:21:25,000
And irrespective of that.

1401
02:21:25,000 --> 02:21:28,000
And I do again want to thank you for your commentary.

1402
02:21:28,000 --> 02:21:29,000
Your energy.

1403
02:21:29,000 --> 02:21:31,000
Your red outfits.

1404
02:21:31,000 --> 02:21:32,000
And all that.

1405
02:21:32,000 --> 02:21:33,000
I want to thank you.

1406
02:21:33,000 --> 02:21:35,000
But again, this is about sequence.

1407
02:21:35,000 --> 02:21:37,000
And this is about.

1408
02:21:37,000 --> 02:21:38,000
This is a.

1409
02:21:38,000 --> 02:21:39,000
This is very specific.

1410
02:21:39,000 --> 02:21:41,000
I think we're speaking of today.

1411
02:21:41,000 --> 02:21:45,000
And you know, I wish you had been here two weeks ago.

1412
02:21:45,000 --> 02:21:48,000
You had seen me fight.

1413
02:21:48,000 --> 02:21:51,000
Using sequence with all my powers.

1414
02:21:51,000 --> 02:21:53,000
And all my energy.

1415
02:21:53,000 --> 02:21:56,000
To require another look.

1416
02:21:56,000 --> 02:21:59,000
At benzene in the soil.

1417
02:21:59,000 --> 02:22:01,000
Of a gas station.

1418
02:22:01,000 --> 02:22:04,000
That's being demolished to make an apartment building.

1419
02:22:04,000 --> 02:22:07,000
Because you see I was concerned about the actual.

1420
02:22:07,000 --> 02:22:10,000
Environmental quality.

1421
02:22:10,000 --> 02:22:12,000
To residents in the building.

1422
02:22:12,000 --> 02:22:14,000
Neighbors in the building.

1423
02:22:14,000 --> 02:22:16,000
Workers in the soil in the building.

1424
02:22:17,000 --> 02:22:20,000
Benzene gets no no destroys your nervous system.

1425
02:22:20,000 --> 02:22:23,000
And it really gives you horrible life.

1426
02:22:23,000 --> 02:22:28,000
So when when you apply your energies in this way.

1427
02:22:28,000 --> 02:22:30,000
When you when you marshal resources.

1428
02:22:30,000 --> 02:22:33,000
And the name of sequa.

1429
02:22:33,000 --> 02:22:34,000
To confront.

1430
02:22:34,000 --> 02:22:37,000
What's really an emotional appeal.

1431
02:22:37,000 --> 02:22:39,000
Or a commercial appeal.

1432
02:22:39,000 --> 02:22:40,000
As opposed to.

1433
02:22:40,000 --> 02:22:41,000
The environment.

1434
02:22:41,000 --> 02:22:43,000
It does a disservice.

1435
02:22:43,000 --> 02:22:45,000
To that law.

1436
02:22:45,000 --> 02:22:47,000
And in dangers.

1437
02:22:47,000 --> 02:22:51,000
Are people everywhere as it gets weakened as a result.

1438
02:22:51,000 --> 02:22:54,000
So tonight you help discredit.

1439
02:22:54,000 --> 02:22:58,000
A very important law to protect our children and families in California.

1440
02:22:58,000 --> 02:23:00,000
And so.

1441
02:23:00,000 --> 02:23:01,000
Folks.

1442
02:23:01,000 --> 02:23:02,000
Sorry.

1443
02:23:02,000 --> 02:23:04,000
Excuse me.

1444
02:23:04,000 --> 02:23:05,000
So.

1445
02:23:05,000 --> 02:23:07,000
It's time to speak as over.

1446
02:23:07,000 --> 02:23:08,000
Again.

1447
02:23:08,000 --> 02:23:10,000
Thank you for your energy.

1448
02:23:10,000 --> 02:23:12,000
Thank you.

1449
02:23:12,000 --> 02:23:13,000
Thank you.

1450
02:23:13,000 --> 02:23:14,000
Okay.

1451
02:23:14,000 --> 02:23:15,000
Moving on to council member.

1452
02:23:15,000 --> 02:23:16,000
Back.

1453
02:23:16,000 --> 02:23:17,000
Thanks.

1454
02:23:17,000 --> 02:23:18,000
Mayer.

1455
02:23:18,000 --> 02:23:20,000
Set a few questions.

1456
02:23:20,000 --> 02:23:22,000
And then some comments.

1457
02:23:22,000 --> 02:23:23,000
I'll start.

1458
02:23:23,000 --> 02:23:24,000
Thank you.

1459
02:23:24,000 --> 02:23:25,000
The presentation.

1460
02:23:25,000 --> 02:23:26,000
Thanks.

1461
02:23:26,000 --> 02:23:27,000
The applicant for being here.

1462
02:23:27,000 --> 02:23:28,000
For everyone.

1463
02:23:28,000 --> 02:23:30,000
The community for being here.

1464
02:23:30,000 --> 02:23:31,000
I wanted to just focus.

1465
02:23:31,000 --> 02:23:33,000
It's really quickly on slide.

1466
02:23:33,000 --> 02:23:34,000
10.

1467
02:23:34,000 --> 02:23:37,000
And I know it appears throughout the record.

1468
02:23:37,000 --> 02:23:41,000
And I know it appears throughout the record as well.

1469
02:23:41,000 --> 02:23:42,000
It just helped me understand.

1470
02:23:42,000 --> 02:23:45,000
This is in the discussion of the historic resource evaluation.

1471
02:23:45,000 --> 02:23:48,000
In the comment here that.

1472
02:23:48,000 --> 02:23:52,000
The significant loss of integrity negates the properties ability to convey

1473
02:23:52,000 --> 02:23:53,000
Significance.

1474
02:23:53,000 --> 02:23:55,000
He talked a little bit about what that means.

1475
02:23:55,000 --> 02:23:57,000
When you talk about a significant loss of integrity.

1476
02:23:57,000 --> 02:23:59,000
Is that structural integrity?

1477
02:23:59,000 --> 02:24:00,000
Is that historical integrity?

1478
02:24:00,000 --> 02:24:01,000
Like what is that?

1479
02:24:01,000 --> 02:24:02,000
What does that mean?

1480
02:24:02,000 --> 02:24:12,000
I may let the applicant.

1481
02:24:12,000 --> 02:24:13,000
Sure.

1482
02:24:13,000 --> 02:24:16,000
Give a little bit more information on this.

1483
02:24:16,000 --> 02:24:19,000
They may have their historic resource experts.

1484
02:24:19,000 --> 02:24:20,000
Yeah.

1485
02:24:20,000 --> 02:24:21,000
Be able to speak more on this.

1486
02:24:21,000 --> 02:24:27,000
But I believe that the integrity is in reference to.

1487
02:24:27,000 --> 02:24:31,000
The ability of the the characteristics.

1488
02:24:31,000 --> 02:24:39,000
The remaining features in the building to convey the significance of the stark resource.

1489
02:24:39,000 --> 02:24:45,000
So there have been a number of alterations of the building over time.

1490
02:24:45,000 --> 02:24:47,000
Throughout.

1491
02:24:47,000 --> 02:24:53,000
The decades and since it's been designated a historic resource in the state register.

1492
02:24:53,000 --> 02:24:56,000
That have diminished.

1493
02:24:56,000 --> 02:24:59,000
The features of the building.

1494
02:24:59,000 --> 02:25:09,000
And diminished their capacities to signal to convey the historic significance of the building.

1495
02:25:09,000 --> 02:25:11,000
I agree.

1496
02:25:11,000 --> 02:25:14,000
You know, we do as a council have an obligation to follow along.

1497
02:25:14,000 --> 02:25:19,000
I think all of my colleagues here are thinking about that and wrestling with that very carefully.

1498
02:25:19,000 --> 02:25:21,000
We're trying our very best to follow the laws.

1499
02:25:21,000 --> 02:25:29,000
Is it is demonstrated us under the A to A under SB 330 and under AB 1633 and how that intersects with sequela.

1500
02:25:29,000 --> 02:25:31,000
So one other question.

1501
02:25:31,000 --> 02:25:37,000
Yeah, and so again, as I understand kind of what we are to do tonight as we consider this appeal.

1502
02:25:37,000 --> 02:25:44,000
It's really considering whether the project's eligibility for the infill development exemption is correct.

1503
02:25:44,000 --> 02:25:49,000
And whether or not the project meets the criteria for the historical resource exception.

1504
02:25:49,000 --> 02:25:53,000
I mean, that's really our function as I understand it.

1505
02:25:53,000 --> 02:25:59,000
And I've listened a lot kind of to the presentation into the arguments and I've read a lot from the experts.

1506
02:25:59,000 --> 02:26:07,000
So I think the one question last question I would just ask and I'd ask this to staff and I'd also ask this each the same question to the applicant and the appellant.

1507
02:26:07,000 --> 02:26:21,000
Because again, I think there's there's broad agreement that preserving the facade is valuable and is preserving an element that does convey historic significance.

1508
02:26:21,000 --> 02:26:27,000
I think preserving elements of the of the lobby also provide that function.

1509
02:26:27,000 --> 02:26:42,000
So my question to each of the parties is is the auditorium in its current state a character defining feature that conveys historic significance.

1510
02:26:42,000 --> 02:26:47,000
And I'd like to ask the same question of staff as well as the applicant and the appellant.

1511
02:26:47,000 --> 02:26:52,000
So for staff, I can give a little background.

1512
02:26:52,000 --> 02:27:09,000
Staff in consideration of the applicant's consultant as well as the city's consultant found that there's substantial evidence that the auditorium no longer is a character defining feature.

1513
02:27:09,000 --> 02:27:15,000
And no longer contains the significance of the building.

1514
02:27:15,000 --> 02:27:18,000
And that's because of the current.

1515
02:27:18,000 --> 02:27:20,000
The current.

1516
02:27:20,000 --> 02:27:25,000
The manifestation of it the the the the the the the repair the quality of the environment.

1517
02:27:25,000 --> 02:27:30,000
The state of the state of and the the quality of the the auditorium as it is.

1518
02:27:30,000 --> 02:27:33,000
Having undergone all the alterations over the years.

1519
02:27:33,000 --> 02:27:39,000
Okay, but as the applicant answers the same question is the auditorium in its current state in your view.

1520
02:27:39,000 --> 02:27:44,000
A character defining feature that conveys the continues to convey historic significance.

1521
02:27:44,000 --> 02:27:50,000
And that's the appellant all so it's an instant same question.

1522
02:27:50,000 --> 02:27:53,000
Just want everybody's views on this pretty good piece.

1523
02:28:14,000 --> 02:28:41,000
This photograph right here shows how the once grand 1800 seat theater has been carved up.

1524
02:28:41,000 --> 02:28:50,000
Eighteen hundred seat theater has been carved up into four new theaters.

1525
02:28:50,000 --> 02:28:54,000
The ceiling has been destroyed.

1526
02:28:54,000 --> 02:29:02,000
The decorative moldings throughout the sides.

1527
02:29:03,000 --> 02:29:10,000
And elsewhere have all been moved and destroyed.

1528
02:29:10,000 --> 02:29:15,000
And that has been cataloged actually by the architectural historian.

1529
02:29:15,000 --> 02:29:18,000
Who says that.

1530
02:29:18,000 --> 02:29:25,000
The pricinium and auditorium has been altered.

1531
02:29:25,000 --> 02:29:31,000
The original theater organs and grill have been destroyed.

1532
02:29:31,000 --> 02:29:36,000
The extreme and decorative finishes have been destroyed.

1533
02:29:36,000 --> 02:29:41,000
The lobby and murals have been altered.

1534
02:29:41,000 --> 02:29:45,000
The original theater seats and lounges have been altered.

1535
02:29:45,000 --> 02:29:52,000
Essentially all of the character writing character writing character.

1536
02:29:52,000 --> 02:29:57,000
All of the character features.

1537
02:29:57,000 --> 02:30:04,000
In the original theater have been removed or destroyed.

1538
02:30:00,000 --> 02:30:12,000
The lobby and the facade are the sole remaining portions of the building that are capable being restored to their original close to their original status.

1539
02:30:12,000 --> 02:30:21,000
The rest of the building has been modified beyond recognition and repair.

1540
02:30:21,000 --> 02:30:26,000
The building also, I didn't expect when I said it was non-reinforced concrete.

1541
02:30:26,000 --> 02:30:37,000
It's non-ductal concrete, which is minimal steel reinforcement, but also a seismic hazard to the city and to the adjacent properties.

1542
02:30:37,000 --> 02:30:38,000
Thank you. Thank you.

1543
02:30:38,000 --> 02:30:39,000
Trust the question.

1544
02:30:39,000 --> 02:30:41,000
Yes. That's the point.

1545
02:30:41,000 --> 02:30:46,000
I'm hesitant to have these questions just to be opportunities for people to extend their presentation.

1546
02:30:46,000 --> 02:30:52,000
So folks, I just want to ask that people respond to the questions directly and try to sound topic.

1547
02:30:52,000 --> 02:30:56,000
It's just really like, this to me is the crux of the whole argument.

1548
02:30:56,000 --> 02:30:58,000
And so I just, I just really want to point.

1549
02:30:58,000 --> 02:31:01,000
But yeah. But I agree with you. Thank you.

1550
02:31:01,000 --> 02:31:05,000
So the information I have is the answer to the question is yes.

1551
02:31:05,000 --> 02:31:14,000
And I'll just read you from the conclusion of the Rincon report, which is the city's unconsolptal, which is the second report that they did.

1552
02:31:14,000 --> 02:31:21,000
And it said, those several aspects of the distinctive art decade designer proposed to be retained,

1553
02:31:21,000 --> 02:31:27,000
the proposed demolition of the former theater auditorium would result in loss of integrity of design materials,

1554
02:31:27,000 --> 02:31:30,000
workmanship, feeling, and association.

1555
02:31:30,000 --> 02:31:36,000
There would no longer reflect its historic significance for its role in the depression area development of downtown Berkeley,

1556
02:31:36,000 --> 02:31:40,000
specifically as a purpose-built entertainment venue for motion pictures.

1557
02:31:40,000 --> 02:31:43,000
So that's what your consultants said.

1558
02:31:43,000 --> 02:31:49,000
There's also a two gentleman here, Alan Michon, who heard from earlier, who knows what it looks like in there,

1559
02:31:49,000 --> 02:31:59,000
from personal experience and Gary Parks, who also has personal visual experience of the ceiling.

1560
02:31:59,000 --> 02:32:06,000
The question that was asked is whether there is architectural and value in the auditorium, what is there.

1561
02:32:06,000 --> 02:32:10,000
I'd like to use the developers exhibit right here.

1562
02:32:10,000 --> 02:32:16,000
If you look, this is what's going on above the ceiling of the new auditoriums in there.

1563
02:32:16,000 --> 02:32:19,000
The original ceiling is intact.

1564
02:32:19,000 --> 02:32:27,000
It's suspending the ceilings of the multiplex auditoriums by wires that have been placed up through into the attic,

1565
02:32:27,000 --> 02:32:31,000
and tied off to the steel and the rebar in the attic.

1566
02:32:31,000 --> 02:32:37,000
Also here, you can see that elements of the major pricinium are still intact.

1567
02:32:37,000 --> 02:32:39,000
This is an easy restoration.

1568
02:32:39,000 --> 02:32:46,000
I've seen theaters with stored around the country where there's been extensive water damage over the course of decades,

1569
02:32:46,000 --> 02:32:49,000
and has melted much of the ornamental plaster.

1570
02:32:49,000 --> 02:32:54,000
The Lowes King in Brooklyn is a perfect example of that.

1571
02:32:54,000 --> 02:33:00,000
It was an absolute wreck before restoration is now the pride of that burrow.

1572
02:33:00,000 --> 02:33:05,000
Please envision this theater as something that can host broadway touring shows.

1573
02:33:05,000 --> 02:33:07,000
It can be restored and it's true.

1574
02:33:07,000 --> 02:33:08,000
Thank you.

1575
02:33:08,000 --> 02:33:09,000
Thank you.

1576
02:33:09,000 --> 02:33:12,000
I appreciate the answers.

1577
02:33:12,000 --> 02:33:18,000
I know there are some, again, responses to some of those criticisms in the left coast report,

1578
02:33:18,000 --> 02:33:21,000
which I also find useful.

1579
02:33:21,000 --> 02:33:26,000
It says that, again, the state meant characterizing the theater space.

1580
02:33:26,000 --> 02:33:31,000
Fills have knowledge of the loss of auditoriums in integrity, and it's subsequent inability

1581
02:33:31,000 --> 02:33:35,000
to be a character defining feature, a special space of the property in the longer,

1582
02:33:35,000 --> 02:33:42,000
that the national register supports the conclusion that the theater does not qualify as a character defining feature,

1583
02:33:42,000 --> 02:33:45,000
particularly when taking to account its current condition.

1584
02:33:45,000 --> 02:33:51,000
So I know there has been some discussion about that on the record, and so, again, I appreciate the conversation here.

1585
02:33:51,000 --> 02:33:53,000
So let me just finish up with my comment.

1586
02:33:53,000 --> 02:34:02,000
So let me just say as my lived experience as someone who loves the arts, participating in the arts values,

1587
02:34:02,000 --> 02:34:05,000
the arts, and the role of the arts here in Berkeley.

1588
02:34:05,000 --> 02:34:08,000
I've been a choral singer, my entire life, high school college.

1589
02:34:08,000 --> 02:34:15,000
I met my partner Larry in our college chorus, so it's a very personal thing to me.

1590
02:34:15,000 --> 02:34:18,000
I sang with a symphony chorus in San Francisco for 15 years.

1591
02:34:18,000 --> 02:34:22,000
I'm a frequent attendee of arts events in Berkeley.

1592
02:34:22,000 --> 02:34:28,000
And I firmly believe that downtown Berkeley must continue to be a thriving arts ecosystem,

1593
02:34:28,000 --> 02:34:30,000
and we have to foster it.

1594
02:34:30,000 --> 02:34:38,000
I totally agree with that, and I want to dedicate my time on the council to doing everything I can to make that possible.

1595
02:34:38,000 --> 02:34:45,000
But we also think I have to separate some of the business argument, and some of historical argument from the legal issue in front of us.

1596
02:34:45,000 --> 02:34:54,000
And I do think the record is, again, I know there is some dispute, but I'm comfortable with what staff has come up with on the record here.

1597
02:34:54,000 --> 02:34:59,000
Again, I don't think this is the end of the discussion about the role of the arts in Berkeley,

1598
02:34:59,000 --> 02:35:09,000
but as I think my colleague, Councillor Bartlett said, this just may not be the particular project where we can accomplish that particular goal.

1599
02:35:09,000 --> 02:35:14,000
But it is a worthy goal, and I share the vision that people here have.

1600
02:35:14,000 --> 02:35:20,000
I just think that given the circumstances around this particular project and all the elements of it,

1601
02:35:20,000 --> 02:35:24,000
the discussion about the historical value with the law is telling us to do.

1602
02:35:24,000 --> 02:35:27,000
I'm going to support staff's recommendation here.

1603
02:35:27,000 --> 02:35:29,000
So thank you.

1604
02:35:29,000 --> 02:35:31,000
Thank you, Councillor member.

1605
02:35:32,000 --> 02:35:39,000
I am grateful to this place and celebrate the memories that have been created here.

1606
02:35:39,000 --> 02:35:44,000
And I hear the passion and enthusiasm of everyone who has spoken here tonight.

1607
02:35:44,000 --> 02:35:52,000
And I love American history and architectural history, and I can see how this building exemplifies that.

1608
02:35:52,000 --> 02:36:00,000
And I also wish that we lived in a world where a movie theater was profitable or a possible business to have here, but we don't.

1609
02:36:00,000 --> 02:36:03,000
We cannot keep our city as a museum.

1610
02:36:03,000 --> 02:36:10,000
Some of my constituents are forced to live in their cars or couchsurf or overcrowded because they can't afford housing.

1611
02:36:10,000 --> 02:36:16,000
And I'm happy to share that rents have gone down in the past few years partly due to housing development at all income levels.

1612
02:36:16,000 --> 02:36:18,000
We still have work to do.

1613
02:36:18,000 --> 02:36:21,000
Someone joke that students won't live in this tower.

1614
02:36:21,000 --> 02:36:27,000
The alternative, historically, has been sleeping in cars or for people to one bedroom apartment,

1615
02:36:27,000 --> 02:36:31,000
or in UC dorm housing, double the price of new market rate units.

1616
02:36:31,000 --> 02:36:40,000
I hear that people want affordable housing, 27 units of very low income units is a lot, and is more than the zero that we have now.

1617
02:36:40,000 --> 02:36:46,000
And the city will be building 100% affordable housing with the mitigation fees mandated by the city.

1618
02:36:46,000 --> 02:36:52,000
This housing is incredibly expensive to build, and to be able to meet the urgent housing needs of our community,

1619
02:36:52,000 --> 02:36:55,000
we much leverage the capital available to us.

1620
02:36:55,000 --> 02:36:59,000
And I recognize that our position here today is specifically on the arguments made by the appellants,

1621
02:36:59,000 --> 02:37:04,000
and to which I agree with the analysis done by our planning department and legal department,

1622
02:37:04,000 --> 02:37:06,000
and we'll be supporting a denial of this appeal.

1623
02:37:06,000 --> 02:37:07,000
Thank you.

1624
02:37:11,000 --> 02:37:17,000
So I just want to check and see if anyone has any more questions for the applicant or for the appellant,

1625
02:37:17,000 --> 02:37:23,000
because if not, I would like to close the public hearing itself.

1626
02:37:24,000 --> 02:37:27,000
Okay, then I'd like to close the public hearing.

1627
02:37:27,000 --> 02:37:29,000
Let me just need a motion for that.

1628
02:37:29,000 --> 02:37:30,000
Move back.

1629
02:37:30,000 --> 02:37:32,000
Move, we close the public hearing.

1630
02:37:32,000 --> 02:37:33,000
Okay.

1631
02:37:33,000 --> 02:37:34,000
Okay.

1632
02:37:34,000 --> 02:37:37,000
To close the public hearing.

1633
02:37:37,000 --> 02:37:39,000
Counts a member or a kiss or wine?

1634
02:37:39,000 --> 02:37:40,000
Yes.

1635
02:37:42,000 --> 02:37:43,000
Tap on this.

1636
02:37:43,000 --> 02:37:44,000
Absent Bartlett.

1637
02:37:44,000 --> 02:37:45,000
Yes.

1638
02:37:45,000 --> 02:37:46,000
Trigger.

1639
02:37:47,000 --> 02:37:48,000
Hi.

1640
02:37:48,000 --> 02:37:49,000
Hi.

1641
02:37:49,000 --> 02:37:50,000
Okay.

1642
02:37:50,000 --> 02:37:51,000
Yes.

1643
02:37:51,000 --> 02:37:52,000
Blackbee.

1644
02:37:52,000 --> 02:37:52,500
Yes.

1645
02:37:53,000 --> 02:37:54,000
I'm going to par.

1646
02:37:54,000 --> 02:37:55,000
Yes.

1647
02:37:55,000 --> 02:37:56,000
Amber.

1648
02:37:56,000 --> 02:37:57,000
Yes.

1649
02:37:57,000 --> 02:37:58,000
And E.C.

1650
02:37:58,000 --> 02:37:59,000
Yes.

1651
02:37:59,000 --> 02:38:00,000
Okay.

1652
02:38:00,000 --> 02:38:01,000
Thank you.

1653
02:38:01,000 --> 02:38:02,000
Oh, we're hearing is closed.

1654
02:38:02,000 --> 02:38:03,000
Thank you.

1655
02:38:03,000 --> 02:38:04,000
Council member.

1656
02:38:04,000 --> 02:38:05,000
I'm going to par for your comments.

1657
02:38:05,000 --> 02:38:07,000
And Council member Humbert.

1658
02:38:07,000 --> 02:38:09,000
Thank you, Madam Mayor.

1659
02:38:09,000 --> 02:38:11,000
Excuse me.

1660
02:38:11,000 --> 02:38:21,000
First, I do want to say, like, as Council member Treegov said, that I've looked through the record very, very carefully.

1661
02:38:21,000 --> 02:38:27,000
I think I've read most of not all of the hundreds of comments that have come in.

1662
02:38:27,000 --> 02:38:29,000
It's possible that I missed a couple.

1663
02:38:29,000 --> 02:38:36,000
But I really was trying to be very diligent in reading all the public comments and listening tonight.

1664
02:38:36,000 --> 02:38:48,000
I want to take a step away very quickly from the quasi-judicial role that we occupy here and the questions.

1665
02:38:48,000 --> 02:38:52,000
The legal questions really that are before us tonight.

1666
02:38:52,000 --> 02:38:59,000
I completely understand why people want to see the United Artists continue to serve as a movie theater.

1667
02:38:59,000 --> 02:39:13,000
As the only Council member who still has a first run movie theater in his district, the Elmwood, I'm extremely sympathetic to the sense of loss that came with the closure of this cultural institution.

1668
02:39:13,000 --> 02:39:16,000
And which will come when the rear of the building is demolished.

1669
02:39:16,000 --> 02:39:22,000
I know I would personally be devastated if the Elmwood cinema were to close.

1670
02:39:22,000 --> 02:39:27,000
But reality is that cinemas are an incredibly tough business right now.

1671
02:39:27,000 --> 02:39:32,000
There was a time when a typical US resident would go to the movies at least once a week.

1672
02:39:32,000 --> 02:39:36,000
Now the majority of people only go a handful of times per year.

1673
02:39:36,000 --> 02:39:39,000
65% of people would rather watch movies at home.

1674
02:39:39,000 --> 02:39:48,000
And people tend to prefer to see movies on extra large screens with state-of-the-art sound which are historic theaters generally can't feasibly accommodate.

1675
02:39:48,000 --> 02:39:55,000
Our task tonight is not to rule on the merits of theaters though in general or in downtown Berkeley specifically.

1676
02:39:55,000 --> 02:39:58,000
But I know that's why a lot of you are here.

1677
02:39:58,000 --> 02:40:01,000
I appreciate your comments and I wanted to address this.

1678
02:40:01,000 --> 02:40:12,000
Movie theaters are an incredible community asset but nearly every effort we have made to attract or keep cinemas in Berkeley has fallen flat in the face of these overall cultural headwinds.

1679
02:40:12,000 --> 02:40:21,000
Even though these cannot be taken into account when we adjudicate whether this project is net all applicable requirements.

1680
02:40:21,000 --> 02:40:25,000
I want folks to know I understand their feelings around it and appreciate their passion.

1681
02:40:26,000 --> 02:40:35,000
Having said this what we have to decide tonight is whether the project is net applicable local and state requirements and can therefore move forward.

1682
02:40:35,000 --> 02:40:44,000
I feel that director Klein and planning staff have done an excellent job reviewing this project and taking it through the appropriate processes.

1683
02:40:44,000 --> 02:40:54,000
Their presentation tonight separately summarized the issues before us for consideration and affirming this ad decision is the sensible approach in my view.

1684
02:40:54,000 --> 02:41:05,000
I therefore want belabor the points they presented this evening and in staff report and I'm not heard anything in the public testimony tonight that would lead me to believe that the staff report is inaccurate.

1685
02:41:05,000 --> 02:41:10,000
Or that the Zab's approval of the project was wrongly decided.

1686
02:41:10,000 --> 02:41:15,000
Having reviewed the staff report and attended an information listened to testimony tonight.

1687
02:41:15,000 --> 02:41:23,000
I believe the project conforms to the applicable regulations and procedures and that we must move it forward per the requirements of state law.

1688
02:41:23,000 --> 02:41:32,000
Most importantly the proposed project would maintain and restore this features that have been identified as contributing to this historic resources.

1689
02:41:32,000 --> 02:41:38,000
And I believe that satisfies what would be required and sufficiently addresses any secret issue.

1690
02:41:38,000 --> 02:41:40,000
Thank you. I'll be supporting it.

1691
02:41:40,000 --> 02:41:42,000
The staff proposal.

1692
02:41:42,000 --> 02:41:43,000
The Zab decision.

1693
02:41:43,000 --> 02:41:47,000
Thank you council member council member Keith.

1694
02:41:47,000 --> 02:41:49,000
Thank you mayor.

1695
02:41:49,000 --> 02:41:58,000
Many people tonight portrayed the UA theater as like this last great cultural venue that we're losing.

1696
02:41:58,000 --> 02:42:01,000
And we'll have a deserted downtown.

1697
02:42:01,000 --> 02:42:03,000
And.

1698
02:42:03,000 --> 02:42:13,000
Okay, you see theater, Berkeley rep or rural theater, specific film archive, freight and salvage, the marsh, the back room cornerstone.

1699
02:42:13,000 --> 02:42:15,000
That's just downtown.

1700
02:42:15,000 --> 02:42:18,000
Go a half mile out and there's more.

1701
02:42:18,000 --> 02:42:20,000
We have problems downtown.

1702
02:42:20,000 --> 02:42:26,000
We have vacant storefronts but cultural venues are not the problem.

1703
02:42:26,000 --> 02:42:30,000
It's the vacant storefronts that are the problem that make it feel dead.

1704
02:42:30,000 --> 02:42:37,000
That's what the UA theater is doing right now.

1705
02:42:37,000 --> 02:42:42,000
And it's not going to come back as it was.

1706
02:42:42,000 --> 02:42:45,000
I understand.

1707
02:42:45,000 --> 02:42:53,000
How hard it was it is to say goodbye to this place full of memories I have seen probably 15 movies there.

1708
02:42:53,000 --> 02:42:57,000
But change is inevitable.

1709
02:42:58,000 --> 02:43:03,000
Does anyone here remember 80s ice cream parlour.

1710
02:43:03,000 --> 02:43:06,000
Yeah, I still agree that place.

1711
02:43:06,000 --> 02:43:11,000
I think it closed in 1992.

1712
02:43:11,000 --> 02:43:13,000
I mean, I feel you.

1713
02:43:13,000 --> 02:43:16,000
I don't disregard your feelings.

1714
02:43:16,000 --> 02:43:19,000
It's very sad to say goodbye.

1715
02:43:19,000 --> 02:43:26,000
My son loves the UA theater because he thought they had the best tasting water at the water fountain.

1716
02:43:26,000 --> 02:43:30,000
I don't know why but that makes me cry to think about it going away.

1717
02:43:30,000 --> 02:43:42,000
But the thing is for the thing is, excuse me, if we want those cultural venues to survive and we want a vibrant downtown,

1718
02:43:42,000 --> 02:43:46,000
we have to move towards growth.

1719
02:43:46,000 --> 02:43:48,000
We have to say goodbye to this.

1720
02:43:48,000 --> 02:43:55,000
It's not coming back and we need to instead bring more people downtown and support the vibrancy of our city.

1721
02:43:55,000 --> 02:44:05,000
I'm passing my vote to deny the appeal to support this ab decision because I really honestly believe all things

1722
02:44:05,000 --> 02:44:09,000
considered this is in the best interest of the future of our city.

1723
02:44:09,000 --> 02:44:11,000
Thank you.

1724
02:44:11,000 --> 02:44:13,000
Thank you council member.

1725
02:44:13,000 --> 02:44:19,000
I just want to check and make sure council member Keshe wanted doesn't have any comments or doesn't have her hand raised.

1726
02:44:19,000 --> 02:44:20,000
No, I do not.

1727
02:44:20,000 --> 02:44:22,000
I'm ready to vote.

1728
02:44:22,000 --> 02:44:23,000
Thank you.

1729
02:44:23,000 --> 02:44:24,000
Thanks.

1730
02:44:24,000 --> 02:44:25,000
So just some brief comments.

1731
02:44:25,000 --> 02:44:27,000
As everyone said, I really love the theater.

1732
02:44:27,000 --> 02:44:30,000
I am very sad that we don't have any movie theaters downtown.

1733
02:44:30,000 --> 02:44:32,000
I support third spaces.

1734
02:44:32,000 --> 02:44:34,000
My parents were in the film industry.

1735
02:44:34,000 --> 02:44:36,000
I grew up with it my whole life.

1736
02:44:36,000 --> 02:44:38,000
But I also understand our needs for housing.

1737
02:44:38,000 --> 02:44:41,000
And I trust our staff and their analysis.

1738
02:44:41,000 --> 02:44:49,000
I want to comment as something that was made a comment that was made earlier about the aerial 3D view image being a fraudulent image.

1739
02:44:49,000 --> 02:44:54,000
And you know, just want to highlight for folks that this was supposed to be focused on this project.

1740
02:44:54,000 --> 02:44:57,000
So things change on the map around it.

1741
02:44:57,000 --> 02:45:00,000
So I just want to say that what they shared was not.

1742
02:45:00,000 --> 02:45:28,000
And as we, as was mentioned earlier with Council Member Trega, we don't have funds to save this theater. The Fox Theater was was funded with redevelopment funds, I believe. And these are funds that we just don't have. I will really do want to encourage folks to support some of our other spaces here, but I am also in support of moving forward staff recommendations. And so with that, I'm going to ask if there's a motion.

1743
02:45:28,000 --> 02:45:40,000
If we do the motion. So we can, I move the staff of staff recommendation. A second from Council Member Humber.

1744
02:45:40,000 --> 02:45:44,000
Thank you. And since we've got folks online, I'm going to ask the clerk to take the roll, please.

1745
02:45:44,000 --> 02:45:52,000
Okay. To affirm the decision of the Zoning Adjustments Board and reject the appeal, Council Member Kester wanting.

1746
02:45:52,000 --> 02:45:54,000
Yes.

1747
02:45:54,000 --> 02:45:58,000
One is absent, Bartlett. Yes. Tragab.

1748
02:45:58,000 --> 02:46:00,000
Aye.

1749
02:46:00,000 --> 02:46:02,000
Okay. Yes.

1750
02:46:02,000 --> 02:46:05,000
Black to be. Yes. Unipara. Yes.

1751
02:46:05,000 --> 02:46:08,000
Humber. Yes. And Mayor Eiji. Yes.

1752
02:46:08,000 --> 02:46:10,000
Okay. Motion carried.

1753
02:46:10,000 --> 02:46:11,000
Okay.

1754
02:46:11,000 --> 02:46:17,000
Thank you, folks. I'd like to see if there is a move region. Thank you.

1755
02:46:17,000 --> 02:46:19,000
Thank you. Thank you.

1756
02:46:19,000 --> 02:46:20,000
Okay. And we need to...

1757
02:46:20,000 --> 02:46:23,000
We're meeting Council Member Kester wanting to adjourn.

1758
02:46:23,000 --> 02:46:24,000
Thank you. Yeah.

1759
02:46:24,000 --> 02:46:25,000
No, I'm sorry.

1760
02:46:25,000 --> 02:46:27,000
Bartlett. Yes.

1761
02:46:27,000 --> 02:46:28,000
A Tragab.

1762
02:46:28,000 --> 02:46:32,000
You're welcome to speak with us afterwards, but I'm a Tragab.

1763
02:46:32,000 --> 02:46:39,000
Excuse me. Excuse me. I'm sorry, but now is not your time to speak. Please, please continue.

1764
02:46:39,000 --> 02:46:44,000
Excuse me. Excuse me. You can wait until afterwards from meeting has not yet adjourned.

1765
02:46:44,000 --> 02:46:46,000
I'm sorry. Go ahead.

1766
02:46:46,000 --> 02:46:47,000
Humber. Okay. Do you adjourn? Yes.

1767
02:46:47,000 --> 02:46:50,000
Black to be. Yes. Unipara. Yes.

1768
02:46:50,000 --> 02:46:53,000
And Mayor Eiji. Yes. Okay. We're adjourned.

1769
02:46:53,000 --> 02:46:55,000
Thank you, clerk. Thank you, everyone, for being here this evening.

1770
02:46:55,000 --> 02:46:57,000
Thank you for your comments.

1771
02:47:06,000 --> 02:47:08,000
Recording stopped.