While there was heavy opposition, the Berkeley City Council voted unanimously to implement one of the strictest fire safety regulations in the state.

The EMBER proposal would force residents to clear any vegetation within 5 feet of a home, and it would go into effect at the end of this year.

But a group of Berkeley hills residents said they are contemplating pursuing legal action.

The talk high above Grizzly Peak in the Berkeley Hills is all about the EMBER proposal. George Perez Velez with the Alliance for Practical Fire Solutions was disappointed with the council’s vote.

“I was not surprised,” said Perez Velez. “I was heartbroken. I knew that the city had already made its mind up.”

Perez Velez feels the proposal is overreaching and puts a financial burden on homeowners who can’t afford to comply with the new regulations. He said the alliance is talking about what the next steps should be.

“I think that some members within the alliance are exploring the possibility of taking legal action in certain aspects of the proposal,” he said.

The public comment on the EMBER agenda item took hours. Some commend the council for taking action before the state announces its regulations in 2029.

“We cannot wait for the state because fires don’t wait,” said resident Dara Schur.

The council promised to review and make changes to EMBER as it gets ready to roll out the ordinance in the next year. Some residents said the tougher regulations couldn’t come soon enough.

“This ordinance may not be perfect,” said Schur. “It might need some tweaking, but it is better to act now to protect our homes and preserve insurance than it is to wait.”

Some fellow neighbors disagree. They feel like there’s too much ambiguity with EMBER, making it difficult to comply with all the rules.

“I think it’s a flawed, ineffectual, incomplete action,” said resident Fred Bamber.

The Alliance for Practical Fire Solutions has 30 days to decide whether to take legal action. Perez Velez said the entire community is committed to keeping the area safe from the next big fire. The question is, what’s the best way to make that happen.

“Is this really necessary,” said Perez Velez. “Is this proposal going to accomplish what they say it is going to accomplish.”