Berkeley City Council Meeting – November 10, 2025: Fire Code, Surveillance Report, Landmark Referral

The Berkeley City Council met on Monday, November 10, 2025, to adopt the 2025 California Fire Code and Wildland-Urban Interface Code, accept the annual surveillance technology report, and refer landmark designation reforms to staff. Council also approved the consent calendar, including contributions to the 15th annual MLK Junior celebration and a resolution supporting Bay Area Air District zero-emission appliance rules. The meeting began with a roll call, remote participation authorization for Councilmember Bartlett due to a family medical situation, and a report from closed session (settlement of a claim for $700,000 and authorization to appeal a preliminary injunction).

Consent Calendar

• Approved unanimously. Councilmembers contributed a total of $2,600 from office accounts to the 15th annual MLK Junior celebration.
• Adopted a resolution supporting the Bay Area Air District's Zero Emission Building Appliance Rules (Rules 9-4 and 9-6), co‑sponsored by Councilmembers Trega, Humbert, Taplin, and Luna Parra. Several public speakers expressed strong support, citing climate and health benefits; one speaker requested exemptions for low‑income households due to upfront costs.

Public Comments & Testimony

• Non‑Agenda Comments: Multiple speakers (in person and online) criticized the council’s scheduling of the San Pablo Avenue Specific Plan work session, which ran until 11 PM, arguing it excluded workers, parents, and the elderly. They requested a rescheduled session at an earlier hour. Other comments included a homeless resident seeking winter shelter, and climate activists from 350 Berkeley Hub urging continued climate action (noting CO₂ at 425.7 ppm vs. a safe 350 ppm).
• Item 9 (Fire Code): One speaker (Theo Gordon, Disaster and Fire Safety Commission) spoke in favor.
• Item 10 (WUI Code): One speaker (Theo Gordon) spoke in favor.
• Item 11 (Surveillance Report): Public speakers raised concerns about data sharing with outside agencies and asked about contract remedies and subpoena risks.
• Item 12 (Landmark Reform): Numerous speakers both opposed and supported changes. Opponents argued raising the signature threshold to 400 would disempower communities and called for referral to the Landmarks Preservation Commission. Supporters said the current 50‑signature threshold is too low and easily abused to block housing. Councilmember Taplin and others emphasized the need to protect property owners’ rights and avoid using landmarking to impede housing.

Discussion Items

1. Item 9: Adoption of 2025 California Fire Code with Local Amendments Fire Marshal Drew White presented the update. New features include operational permits for food trucks, temporary tents, and indoor cultivation. Local amendments require visual alarm indicators in new one‑ and two‑family dwellings, eliminate the former Appendix L (firefighter air replenishment systems) in favor of fire‑access safety elevators for buildings over four stories, and adopt Appendix O (valet trash services). The first reading was approved unanimously; a public hearing and second reading are scheduled for December 2, 2025.

2. Item 10: Adoption of Amendments to the California Wild Urban Interface (WUI) Code Chief Colin Arnold explained that the new standalone code repackages existing wildland fire regulations without substantive changes. Local amendments clarify vegetation management in Zones 0–2. The council approved staff’s recommendation plus referrals: (a) thank the WUI work group and ask for a memo of any unfinished recommendations; (b) direct the fire chief to return to council and the Public Safety Committee with any additional WUI items; (c) within 60 days of the State Board of Forestry finalizing zone‑zero regulations, the chief shall report on differences between state and local rules. Vote: unanimous.

3. Item 11: Annual Surveillance Technology Report Chief Jennifer Lewis and Arlo Malberg presented audit results for body‑worn cameras, GPS, fixed cameras, ALPRs, etc. Internal usage was fully compliant. The ALPR audit revealed three outside agency searches (California Highway Patrol and two Southern California agencies) that included free‑text notes referencing ICE and CBP. BPD immediately cut off sharing with those agencies, restricted sharing to Bay Area agencies plus Sacramento, and implemented keyword filters. Since then, no further improper searches have occurred. LPRs contributed to at least 52 arrests and assisted in 29 other cases in 2025. The report was accepted unanimously, with council members commending the department’s transparency and swift action.

4. Item 12: Referral to Amend BMC 3.24.120 and 3.24.300 – Landmark Designation Procedures Councilmember Kesarwani proposed raising the signature threshold for landmark petitions from 50 to 400 (if the owner does not consent) or 200 (if the owner consents), and restricting use of SB 330 preliminary applications to prevent disruptive last‑minute landmarking. Councilmember Trega submitted a supplemental proposal for a flat 200 signatures in all cases and a five‑year freeze on landmarking after an SB 330 application. After extensive debate, the council voted unanimously to refer both proposals to the city manager and city attorney for review and return with recommendations.

Key Outcomes

• Closed Session: Approved settlement of a claim (Sierra Campania) for $700,000; authorized appeal of a preliminary injunction in the Berkeley Homeless Union lawsuit.
• Consent Calendar: Approved unanimously.
• Fire Code (Item 9): First reading approved; public hearing set for December 2, 2025.
• WUI Code (Item 10): Approved with referrals to city manager and fire chief.
• Surveillance Report (Item 11): Accepted unanimously.
• Landmark Reform (Item 12): Referred to city manager and city attorney.
• Ceremonial Items: Moved to December 2, 2025.