Berkeley City Council Regular Meeting – June 17, 2025

The Berkeley City Council met on Tuesday, June 17, 2025, starting at 6:00 PM, for a regular meeting that lasted until approximately 11:30 PM. The agenda included consent calendar approvals, public hearings on fee adjustments, and extensive debate on the EMBER wildfire prevention ordinance (Items 43a, 43b, and 43c). The council approved all major items, including the contentious EMBER plan, after hearing hours of public testimony.

Consent Calendar

• Approved unanimously (8-0): 26 items including assessments for Downtown Berkeley, North Shattuck, and Telegraph Business Improvement Districts; contracts for public art curation; temporary appropriations for FY 2026; tax rate ordinances for various measures (M, G, S, I, FF, O, T1, etc.); cooperative agreements (e.g., Downtown Berkeley Bike Station); Poet Laureate program funding; a resolution reaffirming Vision Zero; formation updates for Lorin and Gilman commercial districts; referrals for fire facility revenue measures; and relinquishment of council office funds for pride events, historical plaques, and the Poet Laureate program.

Public Comments & Testimony

• Non-Agenda Comments: Multiple residents expressed concerns about public safety in parks (e.g., Ohlone Park, Civic Center Park), homelessness, and encampments. One speaker criticized the city’s handling of CEQA exemptions for a historic theater. Others called for better enforcement and maintenance.
• Consent Calendar Comments: Representatives from the Downtown Berkeley Association, Pacific Center for Human Growth, Berkeley Historical Society, Civic Arts Commission, and Telegraph BID thanked the council for support of pride events, poet laureate funding, and district assessments.
• Public Hearings (Fee Items): Very few speakers. One commenter questioned the ambulance fee increase; another suggested raising the affordable housing compliance fee to discourage developers from paying instead of building units. Items 33, 37, 40, and 41 were continued to June 24, 2025.
• EMBER (Items 43a, 43b, 43c): Over 50 speakers addressed the council—both in person and online—with passionate arguments. Proponents (including Disaster and Fire Safety Commission, Berkeley Fire Safe Council, Sierra Club, League of Women Voters, and many hills residents) emphasized the urgency of wildfire risk, the science behind Zone Zero, and the need to act before a disaster. Opponents cited legal concerns (CEQA exemptions, Fourth Amendment, regulatory takings), financial burdens on homeowners, lack of coordination with East Bay Regional Parks and Oakland, the need to wait for state regulations, and the potential environmental impacts of removing vegetation. Several speakers questioned the conflicts of interest of Assistant Chief Winnaker and criticized the public process as rushed and dismissive. A few speakers offered to serve on working groups.

Discussion Items

• Items 43a, 43b, 43c – EMBER Wildfire Prevention Ordinance:
  • 43a (Fire Code Amendments): The council adopted second reading of Ordinance No. 7,959-N.S. to modify the Berkeley Fire Code, establishing “Zone Zero” (5-foot non-combustible area around structures) within two mitigation areas (Panoramic and Grizzly Peak). Mature and scenic trees are exempt, but dead/dying material must be removed. Combustible fences within 5 feet of a structure must be replaced. The ordinance becomes effective January 1, 2026. Fire Chief Sprague and Assistant Chief Winnaker presented the science, noting that CA law (AB 3074) requires this, but Berkeley is adopting it ahead of the state.
  • 43b (Fire Hazard Severity Zones): The council adopted Ordinance No. 7,958-N.S. designating Local Responsibility Area Fire Hazard Severity Zones as recommended by CAL FIRE, plus an additional Very High zone for the Panoramic Hill neighborhood. The council noted that the new map slightly reduces the area designated Very High compared to the current map.
  • 43c (EMBAR Implementation Plan): Councilmember Blackaby introduced an item to create a comprehensive rollout plan, a vegetation management working group, and clarifying code language. The item directs the city manager to return before September 9, 2025 with an implementation plan, and before December 31, 2025 with additional amendments. It also removes archaic misdemeanor language, clarifies protections for mature trees, and establishes financial assistance (over $1 million in grants for seniors and low-income residents, transfer tax credits, and free mesh/gutter guards).
• Council Deliberation: Nearly all councilmembers spoke in favor, emphasizing the urgency of climate change, the 33 years since the last major fire, and the need to start the transition even as adjustments continue. Councilmembers Blackaby, O’Keefe, Humbert, Lunaparra, Tregub, and Mayor Ishii underscored that the science is solid, that the public process will continue, and that home hardening and regional coordination are also priorities. The mayor addressed CEQA concerns, stating the city is confident in its exemption determination.

Key Outcomes

• Vote on EMBER (Items 43a, 43b, and 43c): Approved unanimously (8–0, with all members present voting ‘aye’). The motion adopted the fire code amendments (with minor corrections read into the record), the CAL FIRE maps, and the implementation plan.
• Fee Items (32, 34, 35, 36, 38, 39, 42): All approved unanimously after public hearings. These included ambulance transport fee increases, Berkeley High School Health Center fee schedule, Housing Trust Fund and Small Sites fees, affordable housing compliance review fee, recreation program and facility fee changes (with staff commitment to free days at Adventure Playground), planning and development fee schedule, and street lighting assessments.
• Items Continued: The four fee hearings (Items 33, 37, 40, 41) were formally continued to a special meeting on Tuesday, June 24, 2025 at 4:00 PM at the same location. No public comment was taken on those items at this meeting.
• Meeting Extension: The council voted to extend the meeting until 11:30 PM to complete the agenda.
• Next Steps for EMBER: The city manager must deliver an implementation plan by September 9, 2025; a working group will review vegetation management language; and a further report on amendments is due by December 31, 2025. The council will track regional partner efforts and financial assistance programs.