Berkeley City Council Regular Meeting – March 18, 2025

The Berkeley City Council met on March 18, 2025, at 6:19 PM in the School District Board Room (1231 Addison Street) and via teleconference. The meeting included ceremonial matters, approval of a consent calendar, a public hearing on the 2024 Local Hazard Mitigation Plan, and extensive debate on a proposal to transition the city's fixed surveillance camera program to Flock Safety and add new camera locations. Key votes were taken on the camera program and a substitute motion to exclude the Telegraph & Durant intersection.

Ceremonial Matters

• The Council adjourned the meeting in memory of Sarah Reynoso, a former city attorney and HR director who served Berkeley for 27 years. Her family attended and spoke.

Consent Calendar

• Items 1–8 were approved unanimously (8-0, with Councilmember Tregub abstaining on Item 10 as noted). Notable items included: Contract amendment with Rolling Orange for website maintenance ($120,000); Pride Industries citywide custodial services ($5.5M); SubTerra Construction sewer rehabilitation ($8.96M); Mercury Associates fleet consulting ($100,000); APB General Engineering urgent sewer repair ($470,910); FY2026 street lighting assessment proceedings; establishment of a Measure FF SAFE STREETS Citizen Oversight Committee (Councilmember Blackaby indicated he would later propose adding a disability community representative); and relinquishment of council office funds to support the California Triathlon Club (Councilmembers Lunaparra, Humbert, Blackaby, Bartlett, Taplin, Kesarwani, and Ishii contributed $250–$500 each).
• Item 10 (Sex Trafficking Task Force) was moved to the consent calendar and referred back to the Commission on the Status of Women for a subcommittee to develop recommendations. Several speakers urged referring it to the Health, Life Enrichment, Equity & Community Policy Committee instead, but the council agreed to send it to the commission with the intent that the commission would form a task force without direct BPD staffing.

Public Comments & Testimony

• Non-Agenda Matters (beginning): Multiple speakers addressed: (1) The Special Care Unit (SCU) should be preserved as a non-police crisis response, citing the CAHOOTS model in Eugene; (2) Urgent need to protect after-school programming (LEARNS) at BUSD, with a speaker noting over 200 families were waitlisted; (3) The ceasefire violations by Israel and a request to expedite the Peace and Justice Commission resolution; (4) A proposal for the city and BUSD to use the former Oxford school site as a shelter modeled on the Horizon site. Mayor Ishii announced a special meeting in April to discuss Middle East issues and expressed support for Mahmoud Khalil.
• Public Comment on Consent Items: Several speakers supported the sex trafficking task force, noting prior work by the Commission on the Status of Women and commitments from BPD and an external expert.
• Public Hearing on Item 9 (Local Hazard Mitigation Plan): No public comments.
• Public Comment on Item 11 (Surveillance Cameras): 16 speakers on Zoom and multiple in-person commenters. Positions were divided:
  • Opposition: Student and community advocates argued the cameras threaten privacy, particularly for immigrants, people of color, LGBTQ+ individuals, and student activists; cited risks of federal access under the Trump administration; noted lack of consultation with student groups; pointed to a transparent hub showing high vehicle detection (500,000 vehicles in 30 days); and argued cameras do not deter crime. A speaker from the Police Accountability Board flagged process concerns, noting the proposal conflates vendor replacement with a materially different surveillance model and that the STO process should allow broader vendor consideration.
  • Support: Business representatives (Downtown Berkeley Association, Telegraph BID, McDonald's franchisee, David Brower Center, Chamber of Commerce) cited recent violent incidents, retail theft, and the need for tools to identify suspects; SafeBears members described a shooting near Telegraph & Durant in October 2024 where cameras helped arrest a suspect found with 11 weapons. A retired UCPD detective emphasized the value of such technology.

Discussion Items

Item 9: 2024 Local Hazard Mitigation Plan (LHMP)

• Deputy Fire Chief Keith May and Emergency Services Coordinator Jamie Albrecht presented the 400-page plan, required every 5 years by FEMA. The plan includes 34 mitigation actions, new hazard chapters (air quality, high wind, sea level rise, utility interruption, infectious disease), and a community education element. Public feedback led to additions on hazardous vegetation, evacuation concerns, and interactive online maps. The plan received approval pending adoption from FEMA on January 13, 2025, and positive recommendations from the Disaster & Fire Safety Commission and Planning Commission.
• Councilmembers praised the thoroughness and engagement, noting that Cal OES gave kudos. The motion to adopt the resolution and amend the General Plan passed unanimously (8-0, with Bartlett joining).

Item 11: Revised External Fixed Surveillance Camera Locations & Vendor Transition

• Chief Jennifer Louis and IT Analyst Arlo presented the proposal: transition from Edgeworth Integration to Flock Safety, reallocate camera placements from major thoroughfares (now covered by ALPRs) to high-pedestrian areas, and seek grant funding. Proposed primary locations include Telegraph & Durant, Center/MLK, College/Ashby, among others; additional sites (Ashby/Domingo, etc.) if funding permits.
• Key discussion points:
  • Data security: Flock data is encrypted in transit and at rest, stored on AWS GovCloud; retention is 30 days for ALPR, 180 days for fixed cameras (with extension for active investigations). No live monitoring is currently permitted; changes would require council approval.
  • Privacy protections: Current policy prohibits sharing with federal immigration enforcement; state law (SB 54) provides additional safeguards. Councilmember Tregub proposed a resolved clause requiring Flock to not share data with external agencies absent a court order, with contract termination as a remedy. Councilmember Bartlett proposed language about liquidated damages and local storage, but it was not added as a friendly amendment to the main motion; instead, it was referred for negotiations.
  • Location-specific concerns: Councilmember Lunaparra moved a substitute motion to exclude the Telegraph & Durant intersection, citing lack of student consultation and disproportionate impact on immigrant and activist communities. Several councilmembers noted the intersection's high pedestrian volume and history of violent crime (e.g., 2022 murder).
  • Council discussion: A majority (Kesarwani, Taplin, Bartlett, Tregub, O'Keefe, Blackaby, Humbert, Ishii) supported the main motion, arguing the cameras are a tool for solving serious crime, that the process includes further review by the Police Accountability Board and a later use policy vote, and that the data protection language addresses federal overreach fears. Councilmember Lunaparra opposed, citing risks to sanctuary city commitments and student trust.

Key Outcomes

• Item 9: 2024 Local Hazard Mitigation Plan – Adopted unanimously (8-0). The General Plan is amended to incorporate the 2024 LHMP.
• Item 11: Surveillance Camera Program – Main motion (Humbert/Blackaby) passed 7-1 (Lunaparra opposed). The resolution authorizes the City Manager to: (1) begin the Surveillance Technology Ordinance process to explore transitioning to Flock Safety; (2) seek grant funding; and (3) approve the proposed camera locations, including the four additional sites (Ashby/Domingo, Ashby/San Pablo, Ashby/6th, University/San Pablo) if funding allows. The substitute motion to remove Telegraph & Durant failed 1-6-1 (Lunaparra voted no, with the rest opposed or absent? Actually roll call: Lunaparra voted no on her own substitute? Wait: On substitute motion, roll call showed: Kesarwani no, Taplin no, Bartlett yes, Tregub? transcript says 'I. Oh. Keith. No.' likely 'aye'? Let's check: transcript: "Traegeb. I. Oh. Keith. No." That appears garbled. Later: "Blackaby. No. Lunaparra. Abstain? No, she voted no? Actually: "Lunapara. Abstain. Humbert. Yes. No, I mean, sorry. Okay. No. Uh, Mayor Ishi. No. Motion fails." So substitute motion failed 1-6-1? Not critical to specify exact tally, but indicate failure. The main motion passed 7-1.
• Data protection: The resolution includes councilmember Tregub's language requiring Flock to not share data with outside agencies absent a court order, with immediate notification and termination rights. Councilmember Bartlett's proposed language regarding liquidated damages and local storage was referred to the City Manager for negotiation with the vendor.
• Next steps: The Police Accountability Board will review the acquisition report and use policy; the item returns to council for final approval before any cameras are installed.