Berkeley City Council Meeting - March 10, 2026: Contracts, Pepper Spray, and Consent Calendar
Berkeley City Council Meeting - March 10, 2026
The Berkeley City Council met on Tuesday, March 10, 2026, at 6:04 PM. The meeting included ceremonial proclamations, a city auditor's report on non-competitive contracts, public comments, and action on several agenda items including the consent calendar, amendments to zoning and election rules, an appeal of a special assessment lien, and a resolution regarding pepper spray reporting requirements. The meeting extended to approximately 11:20 PM.
Consent Calendar
- The consent calendar was approved unanimously after roll call. Items included:
- Urgency resolution condemning the illegal war on Iran and expressing support for impacted constituents.
- Supplemental resolution opposing oil and gas leasing on California public lands.
- Amendment to the 2026 state and federal legislative platform supporting a not-for-profit utility service.
- Re-establishment of the Downtown Berkeley Property and Business Improvement District (PBID) for 10 years with a ~20% rate increase.
- Entertainment zone ordinance including North Shattuck merchant stakeholders.
- AI guidelines items (two separate referrals) and a micromobility regulatory framework.
- Berkeley Free Clinic critical renovations item with $250 donations from multiple council offices.
- Housing zoning study on Telegraph and Claremont.
- Various other items including adoption of the Ashby BART East Lot RFP framework.
Public Comments & Testimony
- Auditor's Report on Non-Competitive Contracts: Multiple speakers commented on the audit findings. One taxpayer expressed concern about $85 million in no-bid contracts. Martin Bork (Ecology Center) defended the transparency of their contract negotiations. Moni Vaught highlighted disparities in contracts awarded to white men versus people of color. Others called for public posting of contracts and equity priorities.
- Public Comment on Non-Agenda Matters: Speakers raised issues including housing affordability, Flock camera contracts, pedestrian safety, police accountability, and honoring Country Joe McDonald.
- Employee Union Comment: Jocelyn Goldsmith DeSena (SEIU 1021 CSUPTRLA) opposed items reducing police oversight, particularly the pepper spray reporting rescission.
- Consent Calendar Public Comment: Support for PBID renewal and entertainment zones from Downtown Berkeley Association, North Shattuck Association, Berkeley Rep, and UC Theater. Several speakers opposed the Iran resolution, arguing it supported the regime. Others supported the Peace and Justice Commission's alternative resolution.
- Item 16 (Appeal of Special Assessment Lien): The appellant, architect Michael Tollison, argued his construction was legal under CRC 105.2 and criticized city staff. Public commenters noted the complexity of code interpretation.
- Item 17 (Pepper Spray Reporting): Numerous speakers opposed rescinding the 1997 reporting requirement, citing the danger of pepper spray and the need for narrative reports. Many supported the amendments by Vice Mayor Lunapara and Mayor Ishi to maintain transparency via the hub.
Discussion Items
- Auditor's Report on Non-Competitive Contracts: The auditor presented findings that 94 contracts worth $43 million in FY2024 were non-competitive, with two recycling contracts totaling up to $85 million lacking competition. 38% of waivers did not meet criteria. Recommendations included adding competition requirements to the municipal code and implementing a digital contract management system. Council members thanked the auditor and city manager, with several indicating interest in deeper review after budget approval.
- Item 14 – Amendments to Non-Conforming Lot Coverage: Staff presented a cleanup ordinance to remove a use permit pathway for non-conforming structures in middle housing zones, ensuring only ministerial approval. Council discussion clarified that the change eliminates the option to go to ZAB for non-conforming middle housing projects. The item was approved unanimously.
- Item 15 – Amendments to the Berkeley Elections Reform Act (BERA): The Fair Campaign Practices Commission (FCPC) presented four amendments: one-bank-account rule, timeline for returning unspent matching funds, reuse of campaign materials at fair market value, and cost-of-living rounding cleanup. After public comment, the council approved the amendments unanimously.
- Item 16 – Appeal of Special Assessment Lien at 2750 Cedar Street: The appellant argued that construction was exempt under CRC 105.2 and that the city's demolition was illegal. Council members questioned the appellant about stop work orders and code interpretation. Staff maintained that the building official's interpretation is authoritative and that the lien was justified. The council voted to deny the appeal, upholding the staff recommendation.
- Item 17 – Resolution on Pepper Spray Reporting: Councilmember Kessarwani proposed rescinding the 1997 requirement for a separate pepper spray report, citing the transparency hub. Vice Mayor Lunapara, Councilmembers Blackaby, Tregub, and O'Keefe offered a supplemental requiring specific data on the hub (date, time, location, officer role, incident type, de-escalation, first aid, etc.) and a referral to reincorporate pepper spray into the military equipment report. After extensive debate, the council adopted the mayor's amended resolution, which included:
- Directing the transparency hub to include specified data within 14 days.
- Referring to the city manager to explore adding pepper spray to the controlled equipment ordinance, and to work with vendors to include administration of first aid, narrative reports, and opt-in notifications on the hub where feasible.
- The motion passed unanimously on roll call.
Key Outcomes
- Consent Calendar Approved: Unanimous roll call (all present voted yes).
- Item 14 Approved: Unanimous, without opposition.
- Item 15 Approved: Unanimous, with thanks to FCPC.
- Item 16 (Appeal) Denied: Motion to adopt staff recommendation passed, denying the appeal and upholding the special assessment lien.
- Item 17 (Pepper Spray Reporting) Adopted: The mayor's amended resolution passed unanimously. The rescission of the 1997 report is effective immediately, but the transparency hub must be updated per the resolution, and the city manager will report back on incorporating pepper spray into the controlled equipment ordinance and hub enhancements.
- Meeting Extended: The council voted to extend the meeting to 11:20 PM to complete the agenda.
Meeting Transcript
Okay, let's get started, everyone. Are you ready? Okay. I'm calling to order the Berkeley City Council meeting. Today is Tuesday, March 10th, 2026. It is 6.04 p.m. Clerk, can you please take the roll? Okay, Councilmember Kessarwani. Here. Haplin present. Here. Trade of present. O'Keefe. Here. Wlackaby. Here. Unapara. Here. Umbert, present, and Mary. Here. All presents. Okay. I just realized it is the first meeting of the month. Um, and I did not warn one of you that it was your turn to say the land acknowledgement statement, so I will do it this evening. Um, so every beginning of the month, we read the land acknowledgement statement. Um, so I will read that to you all this evening. The City of Berkeley recognizes that the community we live in was built on the territory of Huchun, the ancestral and unceded lands of the Chochenyo speaking Ohlone people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Allonee tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the un uh the documented 5,000-year history of a vibrant community at the West Berkeley Shell Mount, and the Aloney people who continue to reside in the East Bay. We recognize that Berkeley's residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley's incorporation in 1878. As stewards of the laws regulating the city of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Allone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lijan tribe and to create meaningful actions that uphold the intention of this land acknowledgement. We are now moving on to ceremonial items. So I will call up our first recipients of the ceremonial item for YouthWorks. YouthWorks folks, you're welcome to come on up here. Yay. Yes. You can come right up to this uh podium over here. All right. Oops. Okay. So today is Youth Works Day. Whereas the overarching objective of Berkeley Youth Works program is to ensure that all youth and young adults in Berkeley have access to educational resources and culturally responsive training, that they acquire essential life skills for self-sufficiency, and that they succeed in their professional endeavors, careers, and adult lives. And whereas the City of Berkeley recognizes that investing in young people is vital to the ongoing health, vibrancy, and success of our community. Since 1970, YouthWorks has provided opportunities to Berkeley youth who have experienced socioeconomic and educational inequalities, including but not limited to impacts by the justice system, experiencing foster care, or being young parents. And whereas Youth Parent is whereas YouthWorks has empowered generations of Berkeley youth by providing meaningful employment mentorship and career development opportunities, fostering skills that prepare participants for lifelong success. And whereas Youth Works participants have contributed thousands of service hours supported supporting local organizations, businesses, and city departments, and initiated projects that enhance the quality of life throughout Berkeley, and whereas YouthWorks has championed equity and inclusion by offering employment opportunities to youth from diverse backgrounds, helping to bridge gaps and build a stronger, more united Berkeley. And whereas the City of Berkeley values the ongoing partnerships between the community, city departments, and youth works in shaping a brighter future for all. Now, therefore, be it resolved that I, Adina Ishi, mayor of the City of Berkeley, celebrate and honor the achievements of Youth Works participants, alumni, staff, and supporters. I encourage all residents to recognize the profound impact of youth employment and to continue investing in programs that empower the next generations of leaders in our city and do hereby declare March 12th, 2026 to be Youth Works Day.
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