March 10, 2026, 7:00 PM Regular
Berkeley Council eyes non‑competitive contracts overhaul, tightens pepper‑spray reporting, advances micromobility rules and Ashby RFP
LinkMeeting Overview
Mayor Adena Ishii called the meeting to order at 6:04 p.m.; all councilmembers were present. The Mayor read a land acknowledgment. The meeting opened with ceremonial proclamations (March 12 declared YouthWorks Day; Deborah Major honored) and public comment touching on policing, surveillance, housing, sidewalk/bike-lane obstructions, and business impacts. The principal substantive presentations and debates focused on an audit of non-competitive City contracts, police reporting and transparency (pepper spray/controlled equipment), housing and zoning amendments, micromobility regulation, and several economic-development and public‑realm items.
Main Agenda Items
- Audit of non‑competitive contracts: The City Auditor reviewed a Feb. 19, 2026 audit finding 94 non‑competitive FY2024 contracts (~$43M), including two large recycling agreements totaling ~$41M for the first five years (option to extend to nearly $85M) without clear evidence of competition. The audit cited inconsistent waiver practices, frequent contract amendments that raised values above competitive thresholds, paper‑based recordkeeping, staff vacancies in General Services, and limited disclosure rules. Thirteen principal recommendations were offered (code changes to require competition, revised purchasing manual/forms, tighter waiver/amendment oversight, an electronic contract management system, sustained training, and assignment of Bendex equity responsibilities). City management agreed or partially agreed and has begun implementing some fixes; Councilmembers requested committee follow-up and a deeper Budget & Finance review post‑budget.
- Police reporting / controlled equipment (pepper spray): Sponsors proposed replacing the 1997 episodic pepper‑spray narrative reports with consolidated posting to the Transparency Hub and inclusion in the annual Military Equipment/Controlled Equipment Report. The Police Accountability Board and many public commenters urged retaining narrative detail and easier hub access. Council directed the City Manager to draft an amendment to the Controlled Equipment Ordinance (BMC Chapter 2.100) and to work with vendors on Transparency Hub fields/feasibility (including possible opt‑ins and labeling) with a short (~90‑day) timeframe; vendor-dependent items (e.g., first‑aid checkbox) were referred to staff for feasibility study. No final rescission vote on the old report was recorded.
- Micromobility and pedestrian safety: A micromobility regulatory referral (CM Tregub) was advanced to strengthen safety, accessibility, and operator accountability in response to sidewalk hazards cited by blind, older, and disabled residents. Public comments also raised blocked sidewalks, bike‑lane obstructions, and unsafe pedestrian signal timing (Ashby BART).
- Housing and land use: Council approved an amendment to BMC Section 23.324.050 to preserve ministerial zoning-certificate approvals for qualifying middle‑housing additions (removing the discretionary use‑permit pathway). Council supported releasing the Ashby BART East Lot RFP with universal design and a 25% affordability target for units for people with disabilities. A study referral for increased housing on Telegraph/Claremont was co‑sponsored.
- Economic development / public realm: The Downtown PBID renewal was advanced with a rate increase and a new safety‑ambassador program; an Entertainment Zone ordinance (to support events and safer street activity) was moved to consent. The Council also supported critical Berkeley Free Clinic renovations with discretionary pledges from several members.
- Campaign finance (BERA) amendments: FCPC‑drafted changes (one‑bank‑account enforcement, matching‑fund return deadline, reuse of campaign materials, COLA rounding) had a public hearing; final Council action was not recorded.
Decisions Made
- Consent calendar approved (unanimous roll call noted); a supplemental opposing BLM oil & gas leasing was added to consent. Several items were moved to consent, including the Entertainment Zone and the City legislative platform amendment.
- Audit follow-up: City management provided responses and an action plan; Council requested Budget & Finance Committee deeper review after the FY2026 budget process (proposed July) and asked staff to pursue immediate fixes. Auditor to verify implementation on a follow‑up schedule; rebidding/competitive review of the large recycling contracts was highlighted as a priority.
- Police reporting: Council directed the City Manager to prepare a Controlled Equipment Ordinance amendment (including pepper spray reporting) and to work with vendor(s) to improve the Transparency Hub and reporting fields; technical/vendor items referred for feasibility work (approx. 90‑day timeline for ordinance work).
- Micromobility referral advanced to staff for regulatory development to address sidewalk hazards and operator accountability.
- Land‑use/housing: First reading/approval to amend BMC 23.324.050 to ensure ministerial approval for qualifying middle‑housing projects was adopted. Ashby BART East Lot RFP release supported.
- Enforcement appeal: Council voted to deny the appeal of the special‑assessment lien for unpermitted construction at 2750 Cedar Street (staff recommendation upheld).
- Other actions: PBID renewal advanced; Berkeley Free Clinic renovation supported with multiple discretionary pledges. Several items (audit policy changes, pepper‑spray reporting details, BERA final votes) remain subject to further staff work or future Council votes.