Berkeley City Council Regular Meeting July 22, 2025

The Berkeley City Council met on Tuesday, July 22, 2025, at 6:00 PM in the School District Board Room and via teleconference. The meeting began with ceremonial matters, including a proclamation declaring July 17 as Port Chicago Remembrance Day and adjournments in memory of Marie Gunter, George Leitmann, and Rita Maran. The council addressed a lengthy agenda covering consent items, public hearings, and new business, with significant debate on surveillance technology and public safety. The meeting extended past midnight, concluding at approximately 12:30 AM.

Consent Calendar

• Item 1: Adopted second reading of Ordinance No. 7,979–N.S. designating Assistant City Attorney as at-will.
• Item 2: Adopted second reading of Ordinance No. 7,980–N.S. amending the lease with Yoonaco, Inc. (Hana Japan) at 235 University Avenue.
• Item 3: Adopted second reading of Ordinance No. 7,981–N.S. with zoning ordinance amendments for consistency with state law.
• Item 4: Adopted a resolution confirming appointment of emergency standby officers.
• Item 5: Approved formal bid solicitations and requests for proposals.
• Item 6: Adopted a resolution reallocating FY 2025 Youth Resiliency Funding, including $20,000 to Longfellow Identity Affirming Programs.
• Item 7: Adopted three resolutions accepting Alameda County grants for public health services (totaling $470,537 for FY 2026).
• Item 8: Adopted three resolutions accepting State of California grants for public health services (totaling $3,534,619 over multiple years).
• Item 9: Adopted a resolution amending the Supplemental Military Leave Compensation Policy retroactively to July 1, 2025.
• Item 10: Adopted a resolution approving the 2024 Annual Military Equipment Report (AB 481).
• Item 12: Adopted a resolution appointing Ian Hunt to the Mental Health Commission.
• Item 13: Approved the Police Accountability Board's Fair and Impartial Policing Implementation recommendations, closing the FIP task force referral from February 2021.
• Item 14: Adopted a resolution in support of California Senate Bill 81 (Arreguín) regarding healthcare facility information sharing and immigration enforcement protections.

The consent calendar was approved unanimously by roll call vote.

Public Comments & Testimony

• Public Comment on Non-Agenda Matters: Several speakers addressed the council, including concerns about the city's transparency, homelessness, and the need for a ceasefire in Palestine. One speaker noted that Albany City Council grants three minutes for public comment, contrasting with Berkeley's two-minute limit.
• Consent Calendar and Information Items: Public comment on item 10 (Military Equipment Report) noted that BPD had not posted the report online or held a community engagement meeting as required by AB 481. Commenters also urged continued focus on fair and impartial policing, citing persistent racial disparities in traffic stops.
• Item 15 (Carleton Street Vacation): Multiple unhoused individuals and advocates spoke against the street vacation, describing it as a displacement of a community. They stressed the need for dialogue and alternative housing, noting that sweeps harm mental health. Bayer Healthcare representative Jennifer Cogley stated the company employs 850 people at the site, pays over $1 million annually in additional taxes, and needs the street vacation for safety and a stormwater treatment feature. The public hearing included emotional testimony about the lack of shelter and services.
• Item 16 (MOU Compendium): Public comment raised concerns about the seven-year gap since the last compendium (2018) and the potential for cooperation with federal immigration agencies. The Police Accountability Board chair noted that MOUs with USCIS had been removed from the current compendium. Speakers urged the council to ensure BPD does not collaborate with ICE, citing recent reports of data sharing in other cities.
• Item 17 (Flock Surveillance Cameras): Extensive public comment opposed the installation, citing risks of data sharing with ICE, inadequate encryption safeguards, and the potential for abuse by federal authorities. Several speakers referenced reports that Oakland and San Francisco police departments illegally shared ALPR data with federal agencies. Others argued that the only way to protect vulnerable communities is to not collect the data. A few speakers supported the technology for public safety purposes, noting its role in solving crimes. The council also heard from Flock Safety's director of public affairs, who assured end-to-end encryption and stated Flock has never experienced a data breach.
• Item 11 (Jail Surveillance System): One speaker urged the council to redirect funds to domestic violence services rather than jail surveillance.

Discussion Items

• Item 19 (Restaurant Inspection Audit Status Report): The council discussed the status report from the City Manager's office. Director Scott Gilman reported that high- and very high-risk facilities not inspected in 2023 have been completed, and the division has filled two vacant inspector positions. He noted that the online data portal for inspections was removed due to outdated software that provided inaccurate information; a new system is expected to be operational by July 2026, with a consumer portal and geo-maps. The city auditor, Jenny Wong, expressed concern that removing the data decreased transparency, recommending a placarding or grading system used in other jurisdictions. Councilmember Kesarwani requested a comprehensive update in six months and a community outreach effort to inform residents how to request inspection reports. Councilmember O'Keefe suggested posting inspection reports as PDFs online as an interim measure. The council directed staff to explore that option.
• Item 15 (Ordinance Vacating a Portion of Carleton Street): The council held a public hearing and then deliberated. City Manager Paul Buddenhagen explained that the vacation would allow Bayer Healthcare to maintain the street and install a stormwater treatment feature, and that it would improve the city's financial position by increasing property tax revenue and reducing maintenance costs. He noted that the homeless response team (HRT) would engage with people living on the street, and the city stores belongings for 30 days. Councilmember Blackaby highlighted the economic benefits. The council voted 8-0-1 (with one abstention) to adopt the first reading of the ordinance. (Note: The transcript shows one abstention; the identity is unclear from the roll call recording.)
• Item 16 (MOU Compendium): The council discussed the compendium of law enforcement agreements, which had not been submitted since 2018. Chief Jennifer Lewis explained that the pandemic and policy transitions caused delays. The Police Accountability Board recommended a three-year renewal cycle instead of annual to reduce administrative burden. Councilmember Blackaby asked about the stance on ICE requests; Chief Lewis confirmed BPD would not participate in immigration enforcement. Councilmember Lunaparra questioned about a new MOU with the U.S. Marshals Service Fugitive Task Force; Chief Lewis clarified it is one-way assistance for local cases. The council approved the compendium unanimously.
• Item 17 (Surveillance Technology Ordinance for Flock Cameras): This item generated the most debate. The council considered the acquisition report and use policies for Flock Safety Condor video cameras. Chief Lewis and Arlo, from BPD, presented the technology's benefits, including solar power, end-to-end encryption, and a 180-day retention period (unchanged from previous policy). They cited examples where longer retention solved crimes. The Police Accountability Board recommended a 30-day retention period, citing industry standards in San Francisco, San Jose, and Fremont. Councilmember Humbert suggested adding language to prohibit sharing data for enforcement of laws restricting reproductive rights or gender-affirming care. Councilmember Tregub proposed a suite of additional safeguards, including biannual audit reports with logs of data sharing, a 45-day retention period (amended to 90 days by Councilmember Bartlett), and a requirement that the contract cannot proceed until the sanctuary city ordinance is passed (later removed). After extensive discussion, the council voted on a motion to set retention at 90 days; that motion failed 4-5. The default 180-day retention remained. The final motion to approve the item with the additional safeguards (excluding the retention period change) passed 8-1, with Councilmember Lunaparra voting no. The safeguards include: biannual audit reports to council with specific data sharing logs, reaffirmation of use policies prohibiting sharing with immigration enforcement or for reproductive-rights-related investigations, and a requirement that the city manager ensure no contractual clauses conflict with city law before final approval.
• Item 11 (Surveillance Technology Ordinance for Berkeley City Jail): The council approved the replacement of the jail's aging surveillance system, which is part of a larger control panel replacement. The total cost increase of 50% (approximately $250,000) was covered by the police department budget and capital improvement funds. The item passed unanimously.

Key Outcomes

• Consent Calendar: Approved unanimously.
• Item 15 (Carleton Street Vacation): First reading of ordinance adopted 8-0-1 (one abstention). Second reading scheduled for July 29, 2025.
• Item 16 (MOU Compendium): Resolution approving compendium adopted unanimously. Council expressed support for moving to a three-year renewal cycle.
• Item 17 (Flock Cameras): Resolution adopted 8-1, with amendments including biannual audit reports, additional privacy safeguards, and direction to negotiate contract terms consistent with sanctuary city policies. The 180-day retention period was retained. The contract will return to council for final approval.
• Item 11 (Jail Surveillance System): Resolution adopted unanimously.
• Item 19 (Restaurant Inspections): Council directed staff to explore posting inspection reports as PDFs online and to provide a comprehensive update in six months (January 2026). Staff also committed to a community outreach effort.
• Public Comment on AB 481: The council acknowledged the need to post the annual military equipment report online and hold a community meeting, as required by state law. Chief Lewis indicated compliance would be ensured.
• Sanctuary City Ordinance: The council reaffirmed its commitment to a sanctuary city ordinance, scheduled for a vote in fall 2025, which will address data sharing with federal immigration authorities.