Very good. Thank you. Yeah. Good evening, everyone. Um,
I'm going to call to order the Berkeley City Council meeting today is Tuesday,
January 27, 2026. Clerk, can you please take the roll? Okay. Uh,
council member kiss there. Wani here. Taplin presence Bartlett here.
Try to pass in O'Keeffe.
Blackaby here. Vice mayor Luna Parra here. Council member Humber here.
And mayor Ishi here. Okay.
all present. Great. Thank you so much. We have an urgent item tonight on the
agenda. The resolution is called demanding an end to ice and CVP searches
on Minneapolis and across the country immediate DHS leadership changes and
necessary guardrails for any future funding bill for DHS. It falls under
immediate action required and there is a need to take immediate action and the
need for action came to the attention of the local agency subsequent to the
agenda for this meeting being posted. Councilmember Blackaby would you like to
to introduce the item.
Yeah, thanks, and I can talk about it
if we accept it more during the consent calendar,
but a couple of facts here.
Obviously, we've all been reacting to the horrific events
that we've seen transpire in Minneapolis,
and a couple of the murders of Renee Goode
and Alex Prettie happened after our last agenda deadline,
and Congress is scheduled to vote
on increased ICE funding this week,
so we felt in consultation with the mayor
and my co-sponsors, so this is an important time for us to speak out and be heard, and
so we wanted to submit this as an immediate action item for tonight's agenda.
So I would move that we do add it to the consent calendar for the two-thirds vote, and also
add Councilmember Taplin as a co-sponsor.
Second.
Thank you.
Can we call the roll?
Okay.
Councilmember Kesterwani?
Yes.
President. Yes. Councilmember
Kessler wanting. Yes. Tapplin.
Yes. Bartlett. Yes. Dragom. Hi.
O'Keeffe. Yes. Blackaby. Yes.
Vice Marilynn Oparra. Yes.
Councilmember Humber. Yes. And
Mayor Ishi. Yes. Okay. The
item has been added to the
consent calendar for tonight's
agenda. Great. Thank you so
much. I'd also like to turn it
Thank you. In that same vein, I wanted to add some comments. So in the last several weeks, of course, we've been closely monitoring the events unfolding in Minnesota, where the president has sent a surge of ice agents to cause chaos.
As punishment for state and local policies that support the immigrant community as the 1st, sanctuary city in the country, the city of Berkeley stands in solidarity with Minnesota and the twin cities, and we'll do everything I can to support them in protecting their communities.
Against this unprecedented federal intrusion in that vein, I'm pleased to announce that Berkeley will be signing on to an amicus brief from local governments across the country in support of Minnesota and the twin cities.
The brief argues that the Minnesota federal court should hold the president's ice invasion dubbed operation Metro surge immediately, because it violates the 10th amendment of US Constitution and has caused immense harm to the local community in Minnesota.
The brief also highlights the harms
that similar ICE invasions have caused
and will continue to cause to public safety
and local law enforcement throughout the country
if the court does not act.
Through this action, as well as the sanctuary ordinance
of the city enshrined into law last year,
Berkeley continues its longstanding commitment
to supporting all of its residents
and fostering a relationship of trust
between the city and its immigrant community.
And I might add that the Berkeley City Council
has given our city attorney authority
To join amicus briefs that are related to this topic and that's how we were able to move forward with that. Just in case folks are wondering.
Thank you so much, mayor, we're going to start with ceremonial matters council member. We have 3 adjournments in memory and we'll also be.
Talking about the Holocaust remembrance day, which is today. So 1st, we'll go to council member blackby who has an agenda in memory for Martin Marty lower.
Council Member?
Thank you, Acting Mayor.
I know Marty's wife Joanne and former Council Member
Wozniak are also here to share some comments.
So, you know, we're asking the Council tonight
to adjourn in memory of Marty Lorber.
Marty passed away on November 3rd, 2025.
For nearly 50 years, he made his home in Berkeley
and became an extraordinary presence
in the life of our city.
Marty was interesting, fun, and deeply caring.
He was genuinely curious about people and their lives,
and he had a rare gift for connection.
An uber-schmoozer, in the best sense of the word,
Marty could talk to anyone about anything at any time.
If you ran into him on a walk, you
knew you'd be late for your next appointment.
But the conversation, the laughter,
and the human connection would always be worth it.
Though Marty was brilliant, he was
accepted MIT at the age of 16 into medical school in Rome,
he wore his intellect lightly.
He communicated with warmth and ease, putting people at comfort from the first moment he met them.
He was, above all, a wonderful neighbor.
Marty served the community in countless ways, a primary care internist for 34 years, medical director for numerous convalescent facilities.
He chaired the Berkley Commission on Aging, served as a history docent at the Oakland Museum of California, and was past president of the Hillside Neighborhood Association.
He volunteered with Meals on Wheels and was a steadfast advocate for Berkeley's lawn bowling club,
helping to protect it from development and strengthen its sense of community alongside his wife Joanne, who's with us here.
Marty also played a crucial role in the long and complex consultations among neighbors,
the city, and the school board regarding the future of Hillside School.
It was Marty who conducted the neighborhood survey, largely through his own tireless door-to-door efforts,
establishing what funding the community could bring to the transition.
He was endlessly generous with his time, often offering health advice or
an informal second opinion to neighbors who sought his counsel.
On a personal note, I can say during some of the long days and
nights of my campaign in 2024 and more recently as a council member,
whenever I ran into Marty in the neighborhood, he was always quick with a smile,
with words of friendly encouragement and a pick me up that always really got me going.
And I will always miss that.
The last email I ever received from him addressed to Susan Wengraf in me just a few weeks before he died was quintessentially Marty, and so I wanted to share a little of that with you.
Hi to both of you.
Sorry I missed last night's fire safety meeting, however close it was to home.
I have been waylaid by an onset of widespread pancreatic cancer and blood clots.
Darn, exclamation point, exclamation point.
I wanted again to say to each of you how pleased I've been of your major efforts over time to promote the core bases of the Fire Safety Council that I nurtured in the Hillside Association for so long.
I'm so proud of your energies, even if I won't be around to see the end effects.
Please personally pass on to Chief Sprague my similar salute and respect for his ongoing principal impact on these developments.
Keep up the good fight.
Hugs from me, Marty.
Marty Lorber was a spectacular neighbor and a true asset to Berkeley.
His passing is a profound loss to our city and his kindness, service, and presence will be deeply missed.
I'm honored, Marty.
Councilmember Wozniak or Joanne, did you have something to say?
Thank you, Councilmember.
I just want to thank you all for recognizing Marty.
He was a spectacular man, and it was my privilege to be with him for so many years.
And I appreciate the recognition that you're giving him.
He'd be smiling if he were here today.
Thank you.
And Gordon is our dear friend.
Yes, I want to thank the mayor and council
for honoring Marty Lorber.
I just, I want to amplify a couple of things
that were said.
I met Marty probably 40 years ago.
My son was in the soccer league.
He was a soccer affectionate.
He knew everything about soccer, okay?
He was also in each other's, but he's very interested
and he was a referee, and refereed many, many games.
And that's when I first met him, and I was someone in all of, soccer was alien to me.
I grew up with baseball and football.
But then, about 20 or so years later,
when he married Joanne, who was a very good friend of my wife's, Evie.
We started meeting and having dinner and lunch.
He found out he was an amazing cook.
Found, as you said, he got into MIT out of high school.
And after I graduated from college, I applied to MIT and they turned me down again.
I had to come to Cal, which was a great school, too, but Marty was really a renaissance man.
He audited classes at Cal all the time.
He went to Ollie classes and if he didn't know it, he would look it up and come back and you could discuss it.
But he didn't, as Brent said, he didn't wear his, I mean, he was a really renaissance.
He knew lots and lots of stuff, but he didn't overwhelm you with it.
I'd like to engage what you brought to the table but he just knew amazing amount of things.
And the last thing I sort of want to say other than taking credit for
appointing him to the aging commission, which I think he didn't make.
I mean, he got appointed Chair of the Commission at the first meeting.
I mean, that's almost unheard of because you usually have to be there for a year or more.
And you start as a vice chair and you work your way up and he was made chair immediately.
So the last thing I want to tell you is at some point after I retired,
we were talking about film and literature and about murder mysteries.
And somehow it came out of that, why don't we teach an ally class on poison, okay?
We call it the elements of murder, how poison was basically used in history and
films and politics and movies and murder mysteries.
And he had all the medical knowledge of why things killed too.
I could fill something in on the chemistry and it was a lot of fun, okay?
He could do anything, he was an amazing person.
And as you also heard, he was a really good citizen.
He took his, you know, he tried to contribute to make things better.
And so we'll miss him greatly and I thank you again for honoring him.
Thank you so much, former Councilmember Wozniak and thank you, Councilmember Blackaby.
Councilmember Tragob has asked that we also adjourn in memory of Barbara Lubin.
Council Member Drago, would you like to share what you prepared?
Thank you, Madam Acting Mayor.
I would like us to adjoin this meeting in memory of Barbara Lubin who passed away on December 13th,
2025 surrounded by her husband, Howard Levine, her four adult children and seven grandchildren.
Born in Philadelphia, Barbara was a lifelong activist for social justice.
He served as a draft counselor during the Vietnam War and despite being a high school dropout,
actively engaged with the anti-war and civil rights movements.
After giving birth to her son Charlie in 1969, who was born with Down syndrome,
Barbara chose to raise him at home, defying medical advice to institutionalize him.
This decision shaped her lifelong advocacy for children with developmental disabilities.
After moving to Berkeley in 1973, she fought for inclusive education, successfully challenging
the school district and helping create the Model School, a fully integrated school for
children of all abilities.
She also defended Charlie's social inclusion, founding the Elmwood Preservation Alliance
to save a beloved local soda fountain and advocating for commercial rent control to
protect small businesses.
activism extended globally. In the 1980s she supported Central American refugees
and opposed US intervention in Latin America, spending time in San Rita
women's prison for civil disobedience. She co-founded the Middle East Children's
Alliance, or MECA. For over three decades MECA supported clean water programs,
playgrounds, youth media, and child psychology centers, always responding
to the needs of local communities. Barbara lived by the principle that what was good
for her children, especially Charlie, was good for all children. Fearless, witty, and
unwavering in her convictions, she built solidarity across boundaries of nationality,
ethnicity, and religion, leaving a profound legacy in Mecca, in Berkeley, and in the lives
everyone she touched and I believe we have Howard here yes if you would like
to come up and say a few words. Thank You councilmember go ahead. Hi my name is
Howard Levine and I was Barbara Luz and husband and partner for almost 40 years
on behalf of her children Christie, Liz, Charlie, and Alex and her grandchildren
Sochi, Rio, Rosa, Tess, Isabel, Iyad, and Solomon I want to thank the mayor and the
city council members for honoring Barbara tonight.
There are so many words to describe Barbara, leader, organizer, visionary, activist, champion, hero, inspiration.
She was angry, outraged, outrageous, passionate, compassionate, loving, sarcastic, and hilarious.
But all these words are still inadequate to retain who she was.
Barbara was a high school dropout who lectured at Harvard Medical School and was elected to the Berkeley Board of Education.
As a school board member, Barbara fought to make sure that every student in Berkeley had the same right to an excellent, diverse, and
accessible education no matter where they lived or what challenges they faced.
Barbara was a stay-at-home mom who, when fighting for her Down Syndrome and Charlie right to a major in education,
found she had to protect Ozzie's, a soda fountain Charlie went to each day to give Barbara some needed respite.
That meant taking on some of Berkeley's biggest commercial real estate developers.
She beat them and helped bring commiserate patrol to Berkeley, and helping preserve the character of neighborhoods like the Elmwood, until the standout lauded a few years later.
Barbara was a Jewish grandmother who became one of the loudest, fiercest, and most evicted voices for justice in Palestine and this country and internationally.
As her school board term was ending in 1986, the first Palestinian in Tafano is just beginning.
Barbara joined one of the first delegation of elected officials and activists to visit Occupy Palestine and see firsthand the brutality of the occupation.
Her entire worldview as a US taxpayer and supporter of Israel was undone, and she was determined to do something about it.
In 1988 she co-founded the Middle East Children's Alliance.
This was at a time when Palestine was not talked about in polite circles and couldn't even be discussed in progressive areas.
Barbara helped change all that, and now no progressive agenda is complete if Palestine isn't included.
She inspired hundreds and probably thousands of people become activists for Palestine.
I'm proud to say I was the first.
Since his founding, the Middle East Children's lives has delivered millions of dollars worth of aid to the West Bank and
Gaza Strip, provided academic scholarships to hundreds of students and supported projects all over the area.
Barbara felt a special connection to the people of Gaza and traveled there several times a year for nearly 30 years.
She got to know the people and established many programs that provided an infrastructure for
organizations all over the world to provide life saving aid during the bombing of Gaza in 2018, and again during the current and ongoing slaughter.
In these dark times, we need many more Barbara Lubins, but really, there was only ever one.
Thanks again for this honor.
Thank you so much, and thank you again, Councilmember.
Councilmember Casarroni has also suggested an adjournment in memory as well for Renee Nicole Goode and Alex Prettie.
Would you like to present, Councilmember?
Yes, thank you very much Madam Vice Mayor.
So I would like to move that the city council also adjourned tonight's meeting in memory of Renee Nicole Good and
Alex Jeffrey Prettie to residents of Minneapolis, Minnesota.
Who as we all know, their lives were tragically cut short by federal immigration agents earlier this month.
Renee Nicole Good was age 37.
She was a devoted mother of three, a prize winning poet and a self-described writer, mother and wife.
by her family as a kind-hearted soul and an amazing human being, Renee was
killed by an ICE agent on January 7th, just blocks from her home. She had
recently moved to Minneapolis to start a new chapter where she was known for her
compassion, her love of singing, and her dedication to her children. Alex Jeffrey
Predi, also age 37, was a registered nurse in the intensive care unit at the
Minneapolis VA health care system. Alex spent his career caring for our nation's veterans
and was described by colleagues as a gentle soul who always looked for ways to help others.
On January 24, while acting as a peaceful observer and attempting to assist a bystander,
he was fatally shot by federal agents. Alex died as he lived, taking care of people and
standing up for the dignity of his neighbors. The deaths of Rene and Alex have sparked nationwide
mourning and calls for accountability. As we adjourn tonight, we honor their commitment
to community, their roles as caregivers and creators, and their ultimate sacrifice in
the name of witnessing and protecting others. We extend our deepest condolences to their
families, their friends, and the community of Minneapolis. May their memories be a blessing
and an inspiration to all who strive for justice and peace here in Berkeley and throughout
the country. And I just ask that we just have a moment of silence as we adjourn in memory
of Renee Good and Alex Prettie. Thank you. Thank you so much, council member. Today January
27th is also International Holocaust Remembrance Day, and it marks the 81st anniversary of
and the deliberation of Auschwitz in January 1945.
Consmember Humbert would like to read an acknowledgement and reflection of the day from Albany Mayor McQuaid.
So I'll hand it over to him.
Yes, thank you Madam Acting Mayor.
And this is a statement written by the mayor of Albany, Peggy McQuaid.
But I don't think it can be improved upon, so I would like to read it in this context.
Each year, on January 27th, communities around the world observe International Holocaust Remembrance Day,
commemorating the liberation of Auschwitz-Birkenau, the largest Nazi concentration and extermination camp.
January 27th, 2026, marks the 81st anniversary of that liberation.
It's a time for our community to pause and reflect on one of the darkest chapters in human history.
On this day, designated by the United Nations General Assembly,
We remember the 6 million Jews systematically murdered by the Nazi regime,
along with millions of other innocent victims, including people with disabilities,
political dissidents, Roma people, LGBTQ individuals,
and others who were targeted for persecution and extermination.
As a community, we recognize that remembrance is not only about honoring the past, but
about shaping the future through education, reflection, and moral action.
Learning about the Holocaust by sharing survivor stories, teaching historical truth,
and confronting this information helps ensure the future generations,
that future generations understand the consequences of hatred and the importance of standing up for one another.
Grounded in these lessons, we reaffirm our shared values of human dignity,
inclusion, compassion, and mutual respect.
we stand united against anti-Semitism and all forms of hatred and discrimination here in our community and beyond. Thank you.
Thank you so much, Council Member.
We are now moving on to City Manager comments. City Manager, do you have any comments tonight?
Yes, thank you, Acting Mayor. I have two things on the agenda. I want to make comments about the first is item number six,
which is an option agreement with TSA Holding Group, LLC for 199 Seawall Drive.
There's been some questions about this, and I just want to clarify on the record that the city does intend to
follow its Labor Peace Policy Ordinance, and I'll read part of the relevant part of that right here,
which is Section 2.102.030A,
which provides that the city shall not execute a hospitality operations lease or
substantial amendment providing for the use, development, or operation of a
hospitality operation within the Marina zone in which the city has a proprietary
interest unless and until the project applicant, developer, or owner, and any
operator or manager of the hospitality operation has provided evidence that it
is entered into a labor peace agreement covering the hospitality.
I just, if you're going to have conversations, please step outside so we can hear our city manager.
Sorry about that.
Thank you.
That's okay.
Just covering the hospitality operations, pursue it.
So essentially the city, through this ordinance,
is required to have a labor peace agreement prior to executing a lease, and intends to follow that.
I've had conversations with principals, both from UNITE here and from TSA Holdings, and
everyone is aware of and understanding and agreeable to that fact that the city has to follow that ordinance.
Secondly, I'm requesting that item 20 be removed from tonight's agenda.
That item is an appeal of the zoning board's
decision to approve a use permit for 2109 Virginia.
We didn't notice that properly, so that item cannot be heard today.
And we've requested that agenda and rules that go to the February 10th meeting, but I just wanted to say that on the record as well.
And that's all, thank you.
Thank you so much, Mr. San manager.
If you would like to comment on item 20 tonight, you may do so during the public comment on the consent calendar.
But we will not be holding a public hearing for that item this evening.
If you'd like to participate in the public hearing for that item, you may do so on February 10th.
Now we will go on to public comment on non-agenda matters, do we have in-person comments?
We just have four cards for in-person commenters.
Andrea Pritchett, Russell Bates, Michael Johnson, and former council member Cheryl Davila.
So you can come up in any order.
If your name was called, please come line up.
I believe it's one minute per person.
Yes, I'll just ask if there is anybody who is participating in the meeting remotely through
Zoom that would like to speak on non-agenda public comment.
If you would, please raise your hand now.
Anybody participating on Zoom that would like to give comments on items not on the agenda
So please use the raise hand function now.
There's no raised hands, so we have four cards so we can do two minutes.
Okay, we can do two minutes each.
Thanks, go ahead.
All right, it's ironic to me that there's sevens of people who were murdered.
Just because they were who they are are now perpetuating the genocide against the people of Gaza and Palestine.
been on over two years now, I'd like to propose that the Berkeley City Council at some point
acknowledge that by having the Gaza Genocide Remembrance Day, so that will not be forgotten.
And the rightful people who belong in Palestine 48 will eventually,
hopefully, be Zionist free and be able to deal with their situations by themselves their way.
with Palestine. Thank you. Thank you for your comment. Next speaker. Scary. It's very
pee-poppy over there. So my name is Andrea Pritchett and I'm here tonight
because I'm really concerned. I filed a police accountability complaint on June
4th. I tried to bear witness, as the council member mentioned, how crucial it
is to bear witness when we see state power unjustly being used against the innocent.
I have waited seven months for the PAB to be able to produce relevant documents. I am
waiting for the chief to release the relevant documents in that case. And I find it to be
honest, it's kind of rich that that you guys can can your hearts are broken as
they should be about what happened to Alex and what happened to Renee. But
let's remember that they were trying to bear witness to injustice. Our police
in our town threatened to arrest. They push. They put hands on. They put up
barriers to our observation. And after all these months I've got no satisfaction. Nobody has come
to me and said here's what we're going to do about it. Nobody, have any of you looked at the video?
Have any of you concerned yourself with our police department? Because what I see
is that we are instead of opening and transparent and working with the community,
Every measure that this council has supported is in the opposite direction.
It takes us. We can't listen to scanner codes anymore.
We were being subjected to mass surveillance.
We are we are trying to reorder these tear gas.
You're seeking to opt out of council review
of agreements with those agencies that are perpetrating these crimes.
I have more to say later comment thank you next next commenter go ahead i'm michael johnson um i
just want to introduce myself i'm candidate for superior court judge um this is not a campaign
speech or anything like that so um but i just uh you know wanted to get out into the community
and let you know who i am and what i stand for i had a moment to go around the community before
for the meeting tonight, and I asked people this weird question.
I said, do you know anything about judges?
What do you think about the court?
Other than the explicatives they gave me, they just said they want fairness.
They want access.
They want to be seen and respected and heard.
And so in my 30 years as an attorney, in my five years as a pro tem judge, I give that.
And so I'm going to be out in the community until the June 2nd election,
just letting people know about my campaign, about me, and the values and things that I hold dear, and the values and things that people hold dear in the community.
So thank you for this opportunity.
And if you have any questions, I'll be outside.
Thank you.
Thank you for your comment.
We have one more commenter, former council member Davila.
Go ahead.
Free Palestine.
So you do a remembrance of the Holocaust, lovely.
But, you know, there's a Holocaust going on right now that none of you have tried to stop.
And can you pay attention, can you look up, can you listen, act like you're doing your job?
Because people are dying every day in Palestine, continued.
I'm glad to see that you have your kaffir again, because nothing's changed.
And I haven't stopped wearing mine, because nothing's changed.
People are still dying, people are still starving.
It's not real, it isn't letting anything in to help people.
They're going through really bad storms, rains, really cold temperatures.
Babies are dying, freezing to death, mayor and council, freezing to death.
Can you imagine?
I can't.
I have a home I live in, an apartment anyway in Berkeley, but people are dying and you
guys don't care, can't even look up, not my representative in district two.
It's just really sad that you all don't give a crap about dying babies, dying people, and we're a sanctuary city.
What are you going to do when ice comes here?
Because I hope it doesn't happen, but we need to prepare for that.
And tear gas isn't the way, council members who brought that forward, you know who you are.
It's meant for bears, animals, not people.
And publicly, I want to thank the council member who gave me the shovel at the African American Holistic Resource Center.
Thank you, Council Member for your comments.
Just to double check if there's anyone online who would like to give an agenda public comment.
Yes, there's two hands raised.
First is Alana Auerbach.
Hi, good evening everyone. This is Ilana Karbach and I wanted you to know what our
flock cameras are doing. It was the day before Thanksgiving. I came back, I was
walking to my car from the dojo on University and I saw, oh, I think it was
four or five police SUVs. They pulled over one car, they were parked on Berkeley
way and two young 20-something people were handcuffed, each of them, you know, a young
man, young woman, taken to two different cars, I'm recording, I'm wondering if they've been
told their rights, then one of the cops goes and looks in their suitcases that were in
the trunk of the car and he told me that he had gotten permission from the driver of the
car and so and the driver of the car had given him permission to search the car
but no our Berkeley police would not search the car they followed this young
couple around Berkeley for an hour because it was marked on flock by a
San Jose police officer so they impounded the car on a Wednesday these
These two young people, 20 something year old,
live in their car.
They do door dash to support themselves.
Now they are, have no car, they have no home,
they have no way to make money.
That officer did not come up to Berkeley until Monday.
Do you know how much money?
It was over $1,200.
How many, why didn't they just search the car
for a firearm?
There was no firearm in that car.
The San Jose police officer caused undue harm to these young people thanks to floc.
That was totally unnecessary.
How many more of these incidents are happening when somebody like me is not watching to be
a safety net for young people whose homes get taken away by our police department.
Okay, your time is done.
Thank you for your comment.
Next comment, John.
Okay, next question.
And last speaker's phone number ending in 0-0-0.
Go ahead.
Hi, good evening.
So my assistant Roy, he has handed you some papers today
and he gets to read it carefully.
We're going to file complaint
with the State General Agency Office
as we did against Oregon a few couple of years ago.
The way the city of Berkeley created our business
to the residents of Berkeley is shameful.
But what's happening in Washington DC,
This is monstrous.
The Germans, during the Fascist, they had to say,
they came to my neighbor and nobody spoke.
And Tivikomai, they came to my brother, nobody spoke.
And Tivikomai, they came to me,
nobody was left to speak for me.
This is what's happening.
This is a fascist, this man is a Russian,
trojan horse, destroying everything.
Every country in the world has free education,
except America.
Every country in the world has great self-care,
except America.
These are a bunch of animals.
And that's insulting animals.
taken over this country,
crushes, garbage, bloody,
what they did to this innocent man in Minnesota
and the woman is unforgettable.
It is unforgettable.
Wake up, everybody.
They're going to come after you.
You are naked, each and every one of you,
no matter what color or greed or race or anything.
They're going to come after all of you.
Take your money away.
I look at night.
Thank you for your comment.
I think that concludes non-agenda public comment.
Thank you so much.
We're gonna move on to the consent calendar now.
First, before we take comments,
I'd like to move item 22,
creating accessible routes for riders' equity
in the environment, car-free budget referral
to fund limiting cars on Telegraph Avenue
to the consent calendar.
Are there any objections?
Great.
Then item 22 moves to consent.
Thank you so much.
Council members, are there any comments
on the consent calendar?
she wants to start. Councilmember Blackaby?
All right, I'm number 31, according to this, so that's all right, that's okay.
Just two comments. First, on item one, I just wanted to thank the City Manager, Public Works,
and the City Attorney's Office for their really important and quick work. This is an item
that many of us might just sort of flip through very quickly on an agenda, but this is a really
important issue in our district affecting several residents in an unstable hillside.
And so kind of upon learning about the situation, city staff really leapt into action and are
moving quickly to address it. So I just wanted to thank staff for all their work on this.
It's really important to residents there and I appreciate – we really appreciate the
efforts. And then second, since we agendized the resolution – the ICE resolution tonight,
I know we did, it wasn't in the packet.
I did want to spend just a couple of minutes to run through it,
especially for people who are online who might not have a physical copy.
So on the resolution, first of all,
I just wanted to thank the Mayor and Julie Sinai from her team.
Thank Council Member Lunapara,
thank Lori McWhorter from my team for all their work to put this together.
It was really a group collaborative effort to put something together that we thought we
I hope you'll agree, kind of responds to the moment that we find ourselves in, because
again, what we're seeing in Minneapolis, what we've seen in Chicago, what we've seen in
LA, we very well know could happen here or to other communities near us, and it was important
to us to sort of plan to flag about it and ask for relief and demand changes.
And so this was our effort to provide a vehicle where we could speak with one voice about
that.
So, very briefly, to highlight what we say in this resolution, it's demanding an end
to the ICE and CBP surges in Minneapolis and across the country.
It's demanding immediate DHS leadership changes and demanding necessary guardrails for any
future funding bill for DHS.
So, on the first page, again, we just recite the egregious actions, the horrific assaults
that we have seen in recent weeks.
We highlight in particular the fact that ten individuals have died since September, including
Renee Good, Alex Pretty, Keith Porter Jr., and Silveira Villegas-Gonzalez.
In addition, at least nine children have been detained, including one toddler, particularly
cruel and inhumane, and the conditions of immigration detention facilities where people
are being housed while they're being detained, being completely substandard and inadequate.
Overall, since President Trump has taken office, 37 people that we know of so far have died,
including many deaths that we know have been preventable.
So the resolve clauses are what we are asking for in the resolution.
The first is that we want to pledge our support and stand with the people of Minnesota, including
Governor Walz, Lieutenant Governor, the mayors, the City Councils, and all the people of Minnesota
who are, again, doing what I think the people of Berkeley would be doing if we face the
same situation, which is peacefully protesting this lawless surge.
We're calling for an immediate end to Operation Metro Surge and demanding that no future surges
be initiated in any other city across the country.
calling for the resignation of Secretary Noem and failing that for impeachment of the Secretary,
calling for the firing of Gregory Bovino and Stephen Miller, and calling for that the officers
who were responsible for these deaths be held accountable for their actions by the States,
if not by the United States Department of Justice.
And then the big piece of this really is calling on Congress then to put in the guardrails
for future action.
It's really the power of the purse where this needs to happen, ending the lawlessness, requiring masks, ending detention abuses.
And we're calling on Congress not to provide any additional funding for DHS without these guardrails, and until the leadership changes have taken place.
We're calling on Congress to restructure DHS, to fundamentally rebuild from ground up to abolish ICE in the process, and to start over.
because what we have is clearly not working and is working to the detriment of people in this country.
And then lastly, we're asking that the governor here and the attorney general here help us prepare in this state.
For what we hope doesn't happen, but we know could happen, in conducting additional training for the troops,
the first CHP and National Guard that we know will be called in to protect peaceful protesters here in California.
So to prepare for that eventuality, hopefully you don't need it.
And also to prepare, as the Mayor said earlier, legal action to halt any future threatened federal funding cuts to sanctuary city jurisdictions like ours.
And then we wanted to send a copy of this resolution to our entire congressional delegation as well as leadership in Minnesota and our state senator and our assembly member.
So again, I appreciate all the work that went into this and
appreciate the support of my colleagues and we'll be proud if we move this forward tonight.
Thank you.
Thank you so much, Council Member Blackaby, Council Member Bartlett, and then Council
Member Humbert.
Thank you, Madam Acting Mayor, and thank you, Council Member Blackaby, for your work.
They're really wonderful positioning for us to take.
Thank you.
On a more local, lighter note, I just want to recognize one of our dear, dear constituents
here.
Item number 11 is urban ore, contract renewal, Mary Lewis in the house I see.
Urbanor is a place that makes gold from lead, if you will.
And we worked together on the Zero Waste Commission way back in the other decade.
It's my first commission and great work.
Congrats on you, you did great work for the community.
Your labor terms are good.
You served the city well year after year.
Thank you.
Thank you, Council Member.
Council Member Humbert.
Yes, thank you, Madame Acting Mayor.
And first, I want to thank Councilmember Blackaby and the co-sponsors for bringing this urgency item.
It's a really incredibly compelling document.
I also want to ask and I want to thank everybody who pitched in and worked on this on such an accelerated basis.
It's just a critically important thing and I read it and as I read it, I was very moved by it.
And I don't know if there's any room for one more co-sponsor.
Councilmember Blackaby or is that filled up?
Okay, yeah, thank you.
Anyway, it's an incredible compelling document, and I really appreciate it.
With respect to other items on the consent calendar,
item number five, which is a contract for converting the Santa Fe Trackbed to a park.
I just want to say I'm really excited about the prospect of a new park for Berkeley.
I can't wait to go down there and see it in process and see it when it's done.
And now that we have transferred, wait a second.
Item number 17, I refer to the city manager to include in the community survey
a poll question about increasing sales tax in the city of Berkeley.
I thank Council Member Casarwani for bringing this, I'm pleased to support it.
The surrounding cities have increased their sales taxes the extra half percent to 10.75.
And given our dire budget circumstances, we should follow suit.
I think as I understand it, it may mean maybe $5 million in increased revenues for the general fund.
It's certainly polling our constituents about this makes sense.
And I can read the action calendar,
Except number 22 has moved to consent.
And I have comments that I want to make about that, if now's the appropriate time.
Yes, now's the right time.
I'm grateful to be added by Vice Mayor Luna Parra as a co-sponsor on this item.
I've gotten a number of emails.
This is the item for creating accessible routes for riders,
equity, and the environment, car free budget referral to fund limiting cars on Telegraph Avenue.
I'm grateful, as I said, to be added as a co-sponsor.
I've gotten a number of emails from constituents strongly in support of pedestrianizing Telegraph from Dwight to Bancroft.
One thing that councils, apparently since time immemorial, have been considering.
Vice Mayor Luna Parra's excellent staff found evidence of discussion as early as 1968, I think.
Was it earlier, or was that the earliest, a long time ago?
It makes all the sense in the world.
We can see just how culturally and economically vibrant pedestrian corridors leading up to major universities are in other cities,
including Charlottesville, Virginia, the University of Virginia, and Boulder, Colorado, the Pearl Street Mall, leading up to the University of Colorado campus.
I think this should be a perfect project for funding from our LRDP settlement with the university and funds for Measure FF.
Thank you again, Vice Mayor, for bringing this item, and I certainly support it.
Thanks.
Thank you so much, Council Member.
I'm going to go to Mayor Ishii and then Council Member O'Keefe.
I've got some comments here. I want to start by thanking Councilmember Blackaby for, and his staff for working on this item so quickly.
I am in D. C. at the U. S. conference of mayors and actually meeting with our representatives here. We met with Congresswoman Simon's office today and let them know about some of the work that we're doing here, including this resolution and the amicus brief that we've signed on too.
and the amicus brief that we've signed on to. I also really want to thank school board member
Jen Corn who sent us the draft that we were working off of. So thank you school board member.
Also excited about item number five moving forward for the Santa Fe track bed to park
conversion remediation demolition perimeter fencing project. It's been a long time coming
and it's great to see the progress. I'm pleased to work to support item 11 which is the contract
With urban or now that they settled their contact with the workers really appreciate that. We're able to move that forward for item 16. I want to thank council member and council member Humber, vice, mayor and council member Humbert for agreeing to serve on the newly organized.
AC transit joint inter agency liaison committee, consisting of Berkeley and Emeryville and just to briefly comment on car free telegraph. Very excited to also be added on this item as well.
On this item as well, and in support, of course, as a supporter, I do just, I think there are some folks there to speak and I want to thank you all for being there to speak and support.
And, and yeah, I'm looking forward to reporting back from the U. S. conference of mayors. Thanks very much.
Thank you so much. Mayor council member O'Keeffe.
Thank you, Vice Mayor, I originally didn't have anything to say about the consent calendar,
but now that was item 22 was moved to it, I do have something to say,
which is I wanted to really be clear about my support for
it because I made such a fuss about the last time we talked about the treatment of traffic on Telegraph.
And while I still feel that way, I want to make clear that I think that Telegraph is a very different street, north and south of Dwight.
And I think north of Dwight, I think this makes perfect sense.
I think it's an amazing improvement to that area every time I find myself
driving on that part of the telegraph, I wonder why I'm there.
It feels very unsafe and very unnatural, and I think it would be really transformative for
that area to be essentially pedestrian only.
So I just wanted to be explicit about my support, and I'm glad it's on the consent calendar, I'm happy to support it.
Thank you so much for your support, Council Member.
There are no other, oh, Council Member Trigum.
Sorry, the parliamentarian is on the slips.
Thank you, Acting Mayor.
I first wanted to thank you and your team
for the excellent work on item 22, Carfri.
and I am excited to support it and it was I really appreciated the report in just how
long it has actually been to get to this point so hopefully this is one of the last blocks
to navigate before we get all the way there to that vision of a a telegraph for all.
I wanted to just also say a few words of appreciation to
Council Member Blackaby and the Mayor and
all the co-sponsors on the urgency item.
There are truly no words to describe the depth of depravity
that has been normalized by the crew policies unleashed by this federal administration.
if you want to have a very long cry watch the video of the Sandoff of Alex
Preti and where he is being saluted by ICU nurses but I also want to thank the
members of this community for their solidarity, and on Saturday, this has been when I got
the news of yet another extralegal killing in Minnesota. Frankly, I just wanted to lock
myself in and stay in bed, and it was a constituent in my district, Wendy, who invited me to actually
not do that but to come out to Civic Center Park and stage a spontaneous protest and we did and we
were joined by more and more folks just we saw a former state senator walking by and she joined us
for a few minutes a lady was driving by uh driving down from Placer County and she joined us for the
entire hour that we were there. And then the next day, the nurses at Oakland Children's
staged a rally that was, I saw probably hundreds of people there. I know that the community
here is not braving subzero weather and these agents in neighborhoods to the extent that
Minnesota's are, but I want to just express my statement of solidarity and the community's
statement of solidarity with the good people of Minnesota.
The arc of the moral universe is long,
but it ever bends towards justice.
Thank you so much, Councilmember.
I have a couple of comments I want to give.
I first, I want to thank Councilmember Blackaby
and co-sponsors and their staff for
the partnership on this urgency item.
I feel privileged to serve on a body that is
boldly standing up and saying that ICE must be abolished,
and I wanna remind our community that for over a year,
we as a city have been preparing
for increased immigration enforcement in Berkeley
in collaboration with our partner organizations,
and I have faith that our government and our residents
are prepared to rise up and non-violently resist
if and when the Trump administration ramps up
their attacks on our neighbors.
For those who wanna learn more about how to support
each other, reach out to the members
of the Berkeley Immigration Collaborative,
the Social Justice Collaborative Multicultural Institute,
East Bay Sanctuary Covenant, East Bay Community Law Center,
and Oasis Legal Services.
I also wanna encourage people to join me at the rally
for justice for victims of ICE terror
at Sproul Plaza at UC Berkeley tomorrow at 2 p.m.
I also wanna thank the mayor for adding myself
and council member Taplin to the AC Transit
Liaison Committee.
For item 22, I first wanna add mayor Ichi,
council member Humber, and council member Blackaby.
Thank you for your co-sponsorship and my colleagues for your support.
I'm really excited about this referral.
It's been really a long time in the making,
and if you read all of the details of the referral,
you can see a lot of the research that we've done.
From information as far as held in the UC Berkeley Library,
this project was first introduced in 1963 and has been identified as
their priority in hands a handful of items since then across iterations of councils and varying
Political landscapes as the item highlights district 7 has the highest concentration of collision injuries compared to other districts
Has the highest rate of residents who walk bike and take public transit and households who do not own cars and has the highest rate
Of new housing development and population growth
During my campaign in 2024 traffic violence in Southside was one of the biggest concerns among district 7 residents
And while Southside Complete Streets has made a huge difference in the lives of residents, visitors, and students, Telegraph Avenue remains a high-injury deadly corridor.
District 7 is uniquely positioned to become a citywide model for pedestrian, bicycle, and transit center design.
Given the city's considerable investment in new safety infrastructure through Measure FF and the concurrent safety upgrades in the area,
this is a prime moment to request the long-overdue funding to move this project forward.
forward. The budget is also a top concern of mine and I know of our council as well,
so I wanted to be cognizant of this when requesting such a large sum of money. This item requests
zero dollars from the general fund. It instead requests funding from special funds with restricted
uses, the most prominent being LRDP, which is restricted from UC Berkeley settlement
to be used within a mile of main campus boundaries. For future phases, I hope that the project
leverage county, state, and federal transportation funds as needed. I also want to give a huge thank
you to Director Davis, to Deputy Director Amiri and their work for collaborating on this budget
referral. Your work is greatly appreciated. I just want to note that in terms of process, this is
just the budget component of former Councilmember Robinson's referral, which was passed in 2022.
This work also could not have been done without him, so I want to thank him, his staff,
and the countless advocates for keeping this 60-year-long project alive.
I also want to thank on item 11. I want to thank the workers of urban or for showing us such a powerful example of labor
Organizing, and I'm happy that this contract can finally move forward
Thank you
If there are no more comments from council members, we can go on to public comment on the consent calendar
I would like to remind everyone that the consent calendar public comment period is
the public's opportunity to speak on item 20 as well if you would like to tonight as well as item 22.
So please come up if you have a comment on the item and if you're online, please raise your hand.
We're going to have one minute per speaker given the amount of speakers that would like to comment.
I want to speak on the ICE item.
When Renee Goode was shot, I believe the ICE agent that shot her is an eight-year employee and
And when Alex Pretty was murdered, he was murdered by a border agent of ten years.
This is really disturbing because it makes you wonder how many people have crossed the border from Mexico,
from Central American countries, but there were no cameras there.
How many people weren't American citizens who have been murdered?
And this didn't happen overnight, their personalities didn't change overnight.
And so I'm not confident that even if Christie Nome was gone or
Gregory Bovino was gone and Stephen Miller were all gone,
that we would have not have this going on.
We are going to have a lot of repair to do.
Thank you.
Thank you for your comment.
Next speaker, please.
go ahead. Hello, I'm Mary Lou Van Devinter from Urban Aura. I'm the general manager
right now and co-owner with my husband, Daniel Knapp, Dr. Daniel Knapp, who is the founder,
really. And I want to thank you very much Councilmember Bartlett, I appreciate it, and
And I thought your work was very good when you were on the commission.
I wanted to say, as you consider our contract tonight,
that Urban Oran was called into by the city's 1976 solid waste management plan.
When the city of Berkeley was running its own landfill, which is now Cesar Chavez Park.
There was a non-profit who tried to do this and failed.
We arose from the dashes and we have succeeded.
So we've been going since October 1980, we incorporated in July 1981.
And I wanted you to know that we've always been true to our promise to pay a living wage-
Sorry, everyone has one minute.
But thank you so much for your comments.
Thanks.
Next speaker, please.
Hello, Council, my name is Bryce Nesbitt, been here before, but not for a while.
We actually drive them on telegraph these days because of how my work ends up.
But every time I do, just like Shoshana O'Keefe said, it's not the right place to be with a car, really.
But I do have a challenge for you as counsel, and it'll be hard for you.
You'll be thinking of this as a bike, or a pedestrian, or kind of greeny activity, but there's a lot of businesses along that corridor.
And I challenge you to think of this as a business first move.
Because that corridor only makes sense in the context of those businesses being vibrant,
being able to get their deliveries, being able to operate their business.
And I think that will be hard for you as a council.
Other things in the city have not been particularly friendly to local businesses, including the corridors plan.
But let's be super positive and we are telegraphed.
Thank you for your comments.
Thank you.
Next speaker please.
Go ahead.
Hi, my name is Sonya Carabao.
I'm with Unite Here Local 2.
We represent hotel and restaurant workers around the Bay Area, including at the Doubletree,
Berkeley, the residence Inn, and formerly at His Lordships.
And we sent some concerns about the option agreement with TSA Holdings that's here in front of you tonight relating to worker retention and to labor piece.
what we have discussed with the city manager and as he said, we are comfortable moving forward with this tonight.
And we really appreciate both Vice Mayor Luna Parra's office and the city manager for working with us on this.
Thank you.
Thank you so much.
Next comment, please.
Good evening, Council.
My name is Leila Hamidi.
I'm a UC Berkeley student, a member of Telegraph for People, and a former volunteer for the Measure FF campaign.
And I'd like to thank Vice Mayor Luna Parra and her staff for introducing item 22 to the agenda and urge the council to pass it on consent.
As we all know, pedestrianizing telegraph north of DeWight is a long overdue intervention that will improve safety,
livability, and environmental conditions for everyone who lives, works, and visits in the south side.
District seven was where I was lucky enough to experience life in a dense, urban, walkable environment for the first time.
And I'm so proud to know that I was part of a movement to give other future UC Berkeley students
opportunity to experience the full potential of telegraph if we know it so
I'm very grateful to everyone in this council who supports this measure and
allocating this money especially in the tight budget year and I hope that this
momentum will be carried towards researching and investing in safe green
corridors across Berkeley. Thank you. Thank you so much for your comment. Next
commenter. Go ahead. Good evening Council my name is Jacob Dadman and I'm here
representing the Sierra Club, Northern Island accounting group and we are here
to speak in support of the car free telegraph option.
By limiting or removing cars on telegraph,
the city of Berkeley can create new public green space
in the south side, reduce car dependency,
and improve the lives of the tens of thousands of people
who use telegraph every day.
By installing mature trees, water permeable surfaces,
and amenities like benches and tables,
telegraph can become a welcoming, vibrant plaza
that increases climate resilience
and brings significant economic benefits
to nearby businesses.
This vision aligns with the Sierra Club's goals
to reduce car dependency
and increase green space in urban areas.
Pedestrianizing Telegraph is a decades old dream
that increases safety, sustainability,
and joy in the heart of the South Side.
With the right leadership and a thoughtful planning process,
we can make that dream a reality.
We thank you for making Berkeley
a more resilient and sustainable city
for generations to come.
Thank you so much.
We're right on time.
Next commenter.
Hello, my name is Shane and I'm the president of Telegraph for People, and I've lived in Southside for two years.
Every day I push through crowded telegraph sidewalks, pausing as I cross intersections larger than my entire apartment to wonder what else this space could be used for.
I've also noticed little joys on these sidewalks. Chess games, live music, conversations with friends, inspiring murals.
I've also felt my skin jump as I try to dodge cars on my bike, wondering if one will honor my crosswalk,
shouting over the traffic nestled between trash cans and one lane of walking room.
In the last few months, it's also been increasingly obvious that the dangers we've long brought
attention to are not just theoretical.
Instants of traffic violence have happened on our neighbor's streets, a block from where
I live.
These are real people, our community members, not just theoretical or statistics.
I hold these very heavy in my heart.
A car-free telegraph is key to vibrancy and safety in our community.
This has been a generational project and I'm excited to see it moved to the next phase
for hopeful future where the street serves us rather than cars.
Thank you.
Thank you so much.
Next commenter please.
Go ahead.
Hi, my name is Audrey Kramer and I am here on behalf of Cal Berkeley Democrats to voice
our support for the Carpreetelegraph item.
I'm a resident of District 6, but I'm here to say that the telegraph being accessible
would be good for all of us.
I am on telegraph almost every single day, even though I live all the way over there.
Telegraph is currently not bike-friendly.
I use my bicycle every day and I try to bike on Telegraph all the time and it is never
successful for me so I'm very excited to see Carfrae Telegraph flourish in any capacity.
Thank you.
Thank you so much for your comment.
Next commenter?
Go ahead.
Hello.
I'm here to voice my support for Council Item 17.
I think that maintaining a balanced budget is especially important for cities.
I think it'd be prudent to raise the tax by more than 0.5%.
But obviously we need voter approval, so I understand why tax increases might be limited.
I'd also like to voice my support for item 22.
I think that it's great that, what's it called?
It remains very budget conscious.
And I think that, yeah, collecting information about how we can manage the car infrastructure in the city is obviously a good thing for the future.
I think it's a great investment, and, yeah, that's about all.
Thank you.
Thank you so much.
Next commenter, please.
Go ahead.
What up, Council?
Rebecca Marvish, speaking on behalf of Walk Bike Berkeley, thank you for moving the car photography item to consent.
It really speaks to the popularity and common sense associated with this project.
As council member Humbert mentioned, people have been advocating for a car free telegraph for decades.
So it's about time we move forward with funding for it.
Even more pressing given the recent bicyclist fatality that would not have happened if cars were allowed on telegraph.
And then I also just want to speak in a personal capacity that this is the project that I am most excited about.
This is the first thing that got me involved in Berkeley politics.
Probably the first council meeting I went to was about telegraph.
And so a special extra shout out to Vice Mayor Luna Parra who served my partner in crime
in getting started, telegraph for people at UC Berkeley.
And shout out to our other teammates who got it started and to Councilmember Roger Robinson
who also helped with this.
you. Thank you so much for your comment. Go ahead. Hello, Council. My name is Spencer
and I'm a UC Berkeley student and one officer as a telegraph for people. And I want to second
the support of my, that my fellow speakers mentioned for telegraph, the continuation
of support and monies for the vision of telegraph and the continuation of the generation on
of hopefully pedestrianized and bike only streets and I don't know if any of you went
to the holiday market on Telegraph last month but it was truly amazing to simply walk across
the street freely and safely and visit shops without worrying about cars. So thank you
for moving.
Thank you so much for your comment. Go ahead.
Good evening, City Council and Mayor, my name is Roscoe Koyang Young.
I'm speaking as an individual.
I'm a proud former Berkeley City Council staff for who worked with Lori to our now City Manager Paul Budenhagen,
who went on to the California State Senate to work in the state capitol, and I've seen council member Triga there many times in Sacramento.
I'm here to speak in support of the emergency item, and I recommend the council add some language.
In support of abolishing ICE, and when you abolish ICE, which is the highest funded law enforcement federal agency,
we should emphasize the importance of reallocating the funding into investing in our seniors,
in our youth, people with disabilities, people receiving SNAP, food stamps, Medi-Cal, and Medicaid.
Investing in our social services creates a healthy community and
also I just want to thank the council for having this item, thank you.
Thank you for your comment
Okay, great
Two minutes. Thank you. Yeah, go ahead. So I appreciate the sentiment of the urgency item. I really do
But I also come from a tradition that says words without actions turn to lies
And that if you really are worried about the depths of depravity, which we did see which we are witnessing in this very moment
Then we need to see the actions a lot of words are spoken, but we need to see the actions
How will this council protect us? I used to they're talking about infiltrating our signal chats
They're they're and you council are poised as is your chief of police
To continue to gather data on your people
Data that you cannot protect the chief lies to you constantly. Oh, we won't give it to him
Oh, they might you can't protect it. It gets infiltrated all the time
Yeah, sure Berkeley won't say here's here's the data, but hey, you don't have control of it
So we say if you can't protect it do not collect it
Sock is dangerous to us
And we need your acknowledgement of that
And I gotta say, when you guys are poised to impose you want tear gas against us now,
the Chief said yes, that'll be for crowd control.
She passes by it quickly, but at least she was honest about that.
So I don't understand where you guys are at.
Will you work with us in this very dangerous time?
How will you, what will you do, not what will you say, but where will you meet us to
protect us. It is very scary. We're looking around. The Super Bowl is coming. Ice is coming.
I don't need you to protest, Brother Council Member. I need you to resist. I need you to
lead that. Thank you. Thank you for your comments. Sometimes it's tough to be last because that
was a hard act to follow. All right. And Ms. Sussani, you're doing just such a fabulous
I want to thank you for honoring Barbara with MEKA and I want to acknowledge Mary Lou here.
That's one of the items, number 11, I really support them because they are the hippie paradigm
for waste not, want not. There's treasures to be taken care of and shared. I want to have an
an extra minute, I keep forgetting to tell you, it's that gentleman in the back.
So kudos to Urban Ore, please support them and thank them for
this really hard work at creating a community hub for
sharing resources and for taking care of the employees also.
All right, so number seven, I can vouch for
the necessity and the capacity to have equitable community engagement.
I worked for over a year with the Ecology Center and the grant connected with the city of Berkeley, and it was awesome.
So please, let's support the Ecology Center and that number seven.
Number 13, I need to breathe and I really support whatever we can do to help ventilation.
because I'm forever running around opening up windows doors and getting into nothing but good trouble.
Number 15, more parking management, less traffic congestion please.
Number 17, no more sales tax.
There is more than enough money to be saved if we wouldn't waste it, and
other people that have more money to share it.
And number 22, I'm concerned about unintended consequences.
to safety, but we also need to have passageway for emergency vehicles. Thank you. Thank you so much.
Let's move to public comments online. Okay, we currently have seven hands raised.
We'll start with the first speaker, Whitney Sparks. Hello, can you hear me? Happy new year. Thank you,
Miss Pritchett, I am right here behind you to say if you're going to have an ICE item and talk about
abolishing ICE, cancel the flock contract. I have been away from meetings because they're
extremely triggering with the institutionalized misogynoir that happens and the silencing and
erasure of Black women's voices, but you've got to protect our community and our neighbors.
Cancel the flock contract if you want to abolish ICE. You cannot collect data on us and not know
know where it goes and have it in the hands of law
enforcement who kill and beat and abuse people,
citizens like me when nobody cared about black,
neurodivergent people, mothers when we were getting
killed. That's when I was being silenced at city
council meetings. Just like this, I haven't
forgotten. You can't collect data on us and then
say you want to abolish. So doing the exact same
thing, it's exact same pattern. Law enforcement,
ICE, police, they're all the same. They're I.O.F.
If you don't want to have genocidal tactics happen to our community here, I'm in district seven. I'm in vice mayor of district. So I really care right now.
Okay, next is Cheryl. Thanks. A former council member.
I agree with the last 2 speakers. You can't have.
Abolish ice without canceling flock flock.
Is data is not owned by the city of Berkeley.
They will not, I listen to your rules and they will do whatever they want to do,
give the information to whomever.
So you need to cancel your contract with FLOC, the IOF, the IGF, it's not real,
AKA Israel's offensive forces, it's not real genocidal forces.
It's not real, uh, terrorist forces.
They train ice.
We do not need ice flock any of that ship.
Cause we're a sanctuary city and you know, they're going to come for us.
So you're not prepared.
Even though you said you were earlier, how are you preparing?
I don't see anybody out on the street talking to your time is up.
Thank you.
Next is Alex Knox.
Good evening.
Alex Knox, a telegraph business improvement district.
On item 15, I just I want to say respect the efforts by staff to address the critical financial issues, and it's unfortunate that the debt service on center street is just driving rate increases city wide.
However, you know, I understand that.
You know, it's, it's a big issue for us this.
The telegraph channel garage on the south side that appears to be the brunt of the rate
increases, and I just ask that there be careful scrutiny and transparency on the expenses
side as well as, of course, reviewing of the revenue side, because services are not equitable
and fair.
We still have shameful conditions for long-term neglect at the telegraph channel garage.
I also want to say that I appreciate the enthusiasm around item 22 and for improving the telegraph.
I strongly encourage that enthusiasm to translate to recognition of the unique challenges and complexity of implementing these changes.
But regardless of how this work ultimately moves forward, we look forward to it.
Thank you, Alex. Okay, next is Jennifer corn.
Good evening, my name is Jen corn. I'm vice president of the Berkeley school board.
I'm grateful for tonight's urgency resolution denouncing ICE's lawlessness
and violence and calling on our representatives in Washington
to take decisive action to protect not only the people of Minnesota but all of
us and all of our neighbors. I intend to bring a similar resolution
to our school board in response to the devastating impacts
we're seeing on children, families, and schools
including 600 children who've been detained by ICE,
violent ICE actions on school campuses in the Twin Cities,
and as a result, huge numbers of families
that are keeping their children at home
because they feel unsafe sending them to school.
Thank you to all of you for your partnership in this work.
Thank you for your comment.
Okay, next is John Lindsay Poland.
Good evening.
I wanted to let you know that a few minutes ago,
the Alameda County Board of Supervisors
followed in your footsteps and passed unanimously
a resolution for keeping ICE out of county-owned facilities.
But in response to what others have said,
that resolution, there's actually two resolutions
at the county level.
And the other one includes a lot of different measures
to protect people within the county.
And so in terms of concrete action,
there are dozens of points in that resolution,
I urge you to study it.
and do what needs to be done in Berkeley,
what the city, what corresponds to the city
to actually protect people against ICE operations
on many different levels,
including getting rid of the flock contract.
Because there's many different things
that the city can do besides urge federal representatives
to vote against the ICE funding
that's coming before the Senate this Friday,
which is super important.
But there are many things that are practical and local.
Thanks.
Thank you for your comment.
next is Kelly Hammergren. Thank you, I appreciate the resolution but it's just words. Tom Holman,
the one who's going to be in charge now, is the one who planned the family separations,
so this doesn't mean that they're actually going to get any relief. My families in Minnesota were
texting. It makes me cry every time I read it. On number 15, to go Berkeley, how much
more does it cost us to increase the rates? I, you know, I just don't have
confidence in this plan. I feel like we're chasing the cost of operating the
plan and I feel like there needs to be more analysis. To follow up on 22, I think
It's a great idea to make telegraph for people,
but what makes telegraph,
makes the people wanna be there are all the businesses.
And so I would like you to
thank you. Thank you.
And look at some businesses.
Check this up.
Thank you. Thank you.
Last hand raise is Alana Auerbach.
Hello again.
I just want to encourage you
that this emergency item be the very beginning,
the baby step, yes it needs to be done.
And now we need tangible actions.
How are we organizing?
How do we know?
What are the police going to be doing?
How are people being trained?
Are there know your rights?
What are the networks?
All of this stuff, yes there is a lot going on in Berkeley
that I imagine some of you know about
and probably some of you don't have most of a clue
of what's happening on the ground.
We need to coordinate, we need to be ready.
You are our elected leaders.
Words are empty without actions.
A first action you can do is item 21
and adopt Blackaby's supplemental and stop flock.
So start taking actions that actually protect us.
show us that you are leading from a place
that you want to abolish ICE, and not just words.
Thank you.
Thank you.
Thank you for your comment.
Okay, that's the last public commenter for consent.
Great, thank you so much.
Unless there are more comments from Council members,
I'll entertain a motion.
So moved.
And one quick comment.
Just wanted, I would be remiss in not thanking Mary Lou
Dan of urban or as well as all the workers of urban or for their leadership and partnership and very
Excited that this is on the consent calendar
second
Okay, should we call the roll? Yes to adopt the consent calendar including the urgency item that was added to the agenda councilmember kiss or wani
Yes
Tapplin yes Bartlett. Yes. Trigga. I
Yes. Flackabee. Yes. Vice Mayor Lunapara. Yes. Councilmember Humber. Yes. Mayor Ishi. Yes. Okay consent
calendar is adopted. Thank you so much. Thank you everyone for coming out.
Moving on to the action calendar I think we should do item 18 and 19 and then do
a quick break before we do item 21. So I'd like to open the public hearing for
on item 18. Is there a staff presentation? There's no staff presentation but we're
happy staff is here if there are questions. Okay great thank you. Does
council have any questions for staff? Okay, is there any public comment on item
18 implement residential preferential parking or PP program on the 1700 block
of Cedar Street? Seeing none in person are there any
Online? No commenters on online. Okay, is there a motion to close the public
hearing? I so moved. Okay, moved and seconded to close the public hearing. Councilmember
Kistor-Wani? Yes. Pat Flynn? Yes. Bartlett? Yes. Traga? Aye. O'Keeffe? Yes.
Blackaby? Yes. Vice Mayor Lunapara? Yes. Councilmember Humber? Yes. And Mary Yishin? Yes.
public hearing is closed. Thank you. Council, do you have any comments?
Councilmember O'Keefe? Well, this is in district five, so my comment is I've
received exactly one email about this and it was in support, so it's good and
I'll move to approve it. Great. Thank you, Councilmember. Councilmember Humbert?
Yeah, I want to thank public works staff for their efforts on this.
It may seem like a small thing, but being responsive on quality of life issues like this can go a long way toward positive public perceptions of city government.
It appears that the neighbors have followed the proper procedure to obtain residential permit parking in this area, and so I'll vote yes, thanks.
There's a motion, do we have a second?
I'll second it.
Okay, can we call the roll?
Okay, to approve the RPP program
for the 1700 block of Cedar Street,
Council Member Kesser-Wani?
Yes.
Caplan? Yes.
Bartlett? Yes.
Tregum? Hi.
O'Keefe? Yes.
Blackaby? Yes.
Vice Mayor Lunapara? Yes.
Council Member Humbert? Yes.
And Mayor Ishi?
Yes.
Okay, item is approved.
Great, thank you so much.
Now I'll open the public hearing for item 19,
selected marina fee increases.
is there a staff presentation for this item?
Again, there isn't, but staff are available for questions.
Thank you so much.
Colleagues, are there any questions on this item?
Oh, Councilmember Trago?
No.
Oh, okay.
Okay, seeing no questions, is there any public comment
on item 19, selected marina fee increases?
You're good, it's okay, you don't have to run.
I see you.
Go ahead.
They're just so nutritious, I guess I had an extra burst of energy.
I'm not familiar enough, but again, raising fees on such a popular place for people to congregate.
It's like, please, let's not keep hitting on the little people.
I don't want to hit on anyone, by the way.
But we need, I mean, we lost People's Park, we're not.
need spaces to repose our soul and I would prefer that we don't raise fees to
just enjoy the quality of life unless of course I don't understand but that's
my public comment thank you thank you Maria are there any other comments in
person any online no hands raised online okay thank you is there a motion to
close the public hearing. So moved. Is there a second? I'll second. Okay. Can we take the
roll? Okay. Close the public hearing. Councilmember Castor-Wani? Yes. Taplin? Yes. Bartlett?
Yes. Tregum? Aye. O! Yes. Quackabee? Yes. Vice Mayor Lunapara? Yes. Councilmember Humber? Yes.
Yes. Mayor Ishi. Yes. Okay, public hearing is closed. Thank you. Are there any comments from council members on this item? Okay. Seeing none, is there a motion?
Move to approve. Second. Seconded by Councilmember Bartlett. Can you take the roll? Okay, to approve the selected
The mean of marina fee increases?
Council Member Kesterwani?
Yes.
Tapplin?
Yes.
Bartlett?
Yes.
Tregab?
Aye.
O'Keefe?
Yes.
Blackaby?
Yes.
Vice Mayor Lunapara?
Yes.
Council Member Humber?
Yes.
Mayor Ishi?
Yes.
Okay, the item is approved.
Great, okay, thank you.
Let's take a 10-for-minute break and come back at 740.
Okay.
Thank you.
Okay, coming back to our brief recording in progress.
Do we need to do a roll call again?
No.
Okay.
Okay, moving on to item 21, recession and replacement of the police equipment and community
safety ordinance.
Councilmember Humbert, would you like to present your item?
Yes, I would, Madam Acting Mayor.
This is a complex item and we have a supplemental from a council member and former PAB member Blackaby.
I might ask a little lenience if I happen to go over time as I introduce my item.
Or I'm in the process of trying to have these versions meet in the middle.
I want to thank my co-author, Council Member O'Kee, for her collaboration on this item as well as other members of the Public Safety Subcommittee for their review and input.
I also want to thank Chief Lewis and Arlo from BPD for their suggestions and partnership on this item.
I also want to thank our city clerk and clerk staff who offered excellent suggestions to help clean up the language of the complicated item and ensure everything was procedurally sound.
And finally, I want to thank the PAB, the Police Accountability Board, for their ongoing work.
And for taking the time to seriously review this item and offer their very significant suggestions.
The overall purpose of this new ordinance is simple, to bring out our local reporting requirements on police acquisition and
use of military equipment into line with what the state requires.
To eliminate duplication and consolidate the required reporting and
to streamline reporting requirements to focus on the most urgent aspects of military equipment use.
Between state-level reporting requirements, our existing use of force reporting,
our existing military equipment policies, and the retention of reporting around certain types of military equipment deployment,
I believe this replacement ordinance provides for sufficient disclosure and
oversight by the council and review by the police accountability board.
And of course, I'm happy to answer any questions folks may have.
I also want to say that I appreciate the police accountability board's attention to the item, again, in offering suggested changes.
I'm somewhat wary of adopting some of those suggested changes, which I feel run counter to the purpose of this proposal.
And would perpetuate duplicative or otherwise superfluous reporting.
This said, I know my colleague, Council Member Blackaby, who served on the PAB himself,
as a member of the Council's Public Safety Subcommittee, has brought forward a supplemental that addresses some of the PAB's comments.
And I would be eager to hear from him, I would be eager to hear him introduce his supplemental and any further edits or suggestions he may have.
Although there were some items on the supplemental that I was a bit concerned about, I'm hopeful that we can square the circle here.
And with the Chair's permission, I'd like to yield the floor to Councilmember Blackaby so he can present.
Great.
Thank you, councilmember.
Councilmember McAfee.
Thanks, Madam Acting Mayor and thank you to councilmember Humbert, councilmember O'Keefe
for their leadership in bringing this item forward.
We share absolutely a common goal, which is to streamline the reporting process, to streamline
the data collection process and make sure that we continue to provide enough transparency
around these issues for members of the community.
So we also really appreciate the feedback we did get from the police accountability board.
And so with all that in mind, I submitted a supplemental, which I'll share here very briefly.
And at least highlight the changes that we are proposing in our supplemental.
To, I think, kind of again, find the right balance here.
So let me share my screen.
Here's a summary of what we're proposing the supplemental.
One is that the state made a number of findings in AB 4081 directly
about why this is so important that we agree with.
I think we all agree with, and I just, we wanted to incorporate that directly into our ordinance, which we've done in page one.
We totally agree with the fact that we should be rescinding the old ordinance.
We should streamline down to one annual report as opposed to the current two.
And I think what we did sort of in the balance of the item is to continue to follow
what was said in the statute in AB 41,
which is it does encourage local governments
to implement additional requirements and standards
that meet local requirements and expects.
And so to that end, we added back some of the language
around reporting on all deployments of military equipment,
not just in the context of the First Amendment activity,
but all deployments.
And we also wanted to maintain the PAB's role in reviewing.
use policies, impact statements, and annual reports,
but streamline the review period
to what we proposed as 60 days instead of 90.
So that's the balance of what's in our item.
We have the red lines that's in the supplemental packet
for people, and you can see the changes that we've made.
Subsequent to that, we've also had conversations with staff,
and I wanted to share, and Council Member Humbert,
I don't know how many of these have been seen,
but staff then also, I think, reviewed both.
The main item, our supplemental item,
had some additional feedback, again,
I think in the spirit of trying to find a way
that we could square this.
So let me also share that feedback.
And then just wanna put all that on the table
for our consideration as we go forward here.
So the edits that we got back
Very specific, I'm sure, again, as all of us,
and obviously the chief can speak to this soon,
but recognizing there's some compromise here,
but I think some general understanding
of what we put in the supplemental
that we're asking for consideration on these items.
And there's seven.
Again, we can bring this back during discussion later,
but the first was there's reference in our item
to pepper spray and pepper balls in their inclusion in the reporting requirements.
And staff is observing that those items don't need to be included as additional items,
because they are included in the current BPD policy 300 in terms of reporting.
And also included, pepper balls included in state law AB 481.
So the need here, they were observing was, didn't need to call them out.
Specifically, they are already incorporated by reference.
That was one edit.
Second was a timing, a consideration here,
which is rather than requiring 15 days,
say at least 12 days prior to a public meeting,
because it aligns with how the clerk currently
agendizes meetings,
and that would meet the current timeline,
which again is a general practice
and why be different than the current practice.
Three, we had a clause about PAB's role
in recommending and reviewing police equipment,
and rather than basically saying rather than approving for compliance that the
onus is on the PAB to deny for non-compliance. It's sort of an opt-out
versus opt-in which again feels it's sort of in the spirit of the legislation
which is to say if the PAB does not act it comes to City Council for approval
but if they see that there is a non-compliance with other standards they
can recommend denial of that request, which I think, again, is pretty clear on their role.
Councilmember?
Sorry.
Yeah.
Sorry to not.
But do you mind making it bigger?
Oh, I'm sorry.
Yeah.
Mayor Ishii?
Sorry.
Hard time.
Yeah.
Mayor was losing her eyesight as she was like, There we go.
Great.
We also, upon reflection, this is an edit I'll put on the table.
Maybe we get rid of this word only, because I think there might be other reasons that
that the PAB might recommend denial, and I don't know if it needs to be only if it determines non-compliance with the standards of the government.
Anyway, so that was an edit to your edit that I looked at.
Four was there's just a heading in our item that was longer.
It's police accountability board review required.
We just call that police accountability board review.
Item five was basically saying, I think this is a discussion we can have, is what's the right period of time for review?
Currently, the technology, the surveillance technology ordinance requires a 30-day review period for PAB.
So the suggestion from staff is to bring all these things into alignment.
And I think we should just drill into how that 30 days works as we have the discussion.
But again, give the PAB time for consideration before it comes to us, but not make it 90 days.
The proposal here is 30 days, which lines it up with the surveillance technology ordinance.
Again, number six is similar, that the annual report is submitted to council either after
the PAB review or 30 days, whichever comes first.
And then Section 7 is a recommendation from staff to not create a private right of action
around violations that the City Council retains ultimate authority to approve or deny any
equipment use.
So those were the seven, there was councilmember Humbert and
councilmember Roquif's initial draft, our supplemental, which redlined that draft.
And these were some feedback and additional items for consideration from staff on our bed line.
So I think that's what's in front of us tonight.
Thank you so much.
Thank you. And may I respond?
Yes.
Very quickly.
Mm-hm.
There are a lot of moving parts here, and I followed very closely.
But I think that with the edits I heard Councilmember Blackaby enumerate just now,
I'm comfortable incorporating his supplemental as a friendly amendment.
But first I'd like to check with our police chief, and Arlo, do you feel this supplemental with the additional edits described by Councilmember Blackaby would serve to meet the purpose of the proposed rescission?
Are there any aspects of the supplemental you feel remain problematic?
No, I agree, it does make sense.
Thank you.
Now I need to turn to my co-sponsor, Council Member O'Keefe, to see if she's amenable to all of this.
Yeah, I absolutely am and I appreciate Council Member Blackaby's edits and I appreciate the feedback from the chief.
Thank you, that's all I have now.
Thank you, are there any comments from council members, or sorry, questions?
First, Council Member Bartlett.
Thank you Madam Acting Mayor, and thank you for Council Member Humbert and
your work on the committee, putting this together, and thank you for your edits, Mr. Council Member Blackaby.
And while I don't see anyone from the PAB task, so I mean,
reading through it earlier, and then looking again now, it appears as if many of the changes between the two of you
appear to be pretty reasonable, pretty common sense streamlining.
And making things align more easily, let's say law does not be duplicative.
And so I guess I'm wondering, was there a policy sort of concept
behind the narrowing of the reporting days from 90 to 30?
I'll say it on offer.
I think it's in the spirit of A, consistency with what the current surveillance technology ordinance says, which is 30 days.
that rather than have some standards that are 90 and some that are 30 for fundamentally the same kind of review.
Either reviewing an annual report on police equipment, your analyzing use reports on new
police equipment, or you're looking, again, suggested uses for new surveillance technology, kind of putting that in a 30 day window.
I will have some questions about how that 30 days works in practice, but yeah, I think that was the idea.
Thank you, there's one more only question, thank you.
Thank you, council member.
The parliamentarian system is not working,
so I turned it off.
So if anyone has comments, yeah.
Council member, or questions.
Council member Trago.
Thank you and yeah, just I appreciate,
I had an opportunity to discuss this
within my bound act circle with council member Blackaby,
but just for the record,
just conforming the effect of date
upon it, when it says it shall apply to the 2025 report and all subsequent reports.
The 2025 report would be the report issued in 2026 this year.
But looking back at 2025, correct?
Yeah, that's correct.
Under the old system, we would be preparing both local ordinance report
that would be due around March with those very specific timeline reporting requirements.
And then we would also be reporting in June, a very similar but slightly different report.
If this passes this evening, that language would then direct us to prepare a single report under the new guidelines that would come around June.
Thank you, and then maybe one more question.
of findings that was taken directly out of state law, correct?
Yeah. I can show those real quick if you'd like to see them.
Yeah. Section C, the city adopts all of the state's findings,
articulated in AB 481.
Thank you, Councilmember. May I issue?
Yes. I'm just wondering if we can take a look at the 7th one.
I couldn't quite see that.
Coming up.
So, it strikes 2.100.070. So, let me show you if you want to see that language, let me pull that out.
Sorry for the fast scroll here is.
Okay, that's the clause that would would be this proposal to be to strike that language.
Thank you and I just took a picture of it so I can review it a little closely, more closely and no worries. That's fine. And.
I also have some questions about how this would look in practice for the 30 days.
Because I think my primary concern is that what happens sometimes when we send things to PAB is that 30 days should be enough for them to review it, but they may not get it or have a meeting at the beginning of the 30 day window and so a little concern about just.
That the timing so I don't know if someone's there can speak to that.
I'm not sure if we have a PAB or ODPA representative on the line.
Sorry?
Director?
Yeah.
Director Aguilar?
Yeah.
Would you like to comment on this?
Oh yeah, he's hand raised there.
Oh, and then Josh, I think Chair Kaitano is the phone number ending in 453.
Can we promote them to panelists?
Okay.
Okay.
Chair Kaitano?
All right council members can y'all hear me yes great um first off thank you council member
backelby for your supplemental proposal and the edits in terms of the 30-day period um i
appreciate mary she's comments i think she is spot on we have had issues with some of the 30-day
process I think one of the issues is that the 30-day window right now as it
is currently implemented starts when the proposal is emailed to us and the
expectation right now is that the council will then hear it at a public
meeting on the merits 30 days later so if the 30-day window was such that 30
days after the PAB were to review it then the department submitted it to the
Rules and Agenda Committee it would provide us with sufficient time but it
can't be the case that the council hears it 30 days after we first see it it has
to be submitted after we have 30 days the full 30 days to review it and so if
If that is made clear, I believe that 30 days is sufficient.
And I think that that proposal should be implemented
across both the FTO ordinance and the BMC 2.100 ordinance.
But if that's not the expectation
that they do not have to wait until we review it
to submit it to rules and agenda,
then we need the 60 days.
Thank you.
Thank you, chair.
Mayor Ishi, is that, are those all your questions?
Yeah, those are my questions for now, thank you.
Thank you so much.
Are there any other questions?
I had a similar question to Mayor Ishii,
but I am curious to hear from the city attorney
on the remedies for violations of this ordinance.
If you have any thoughts on that
and how it has affected the current iteration
of the ordinance.
Are you speaking specifically of the private right of action?
Yeah.
I'm not sure that it has played out in a real scenario as of yet.
I believe it is.
Is it in the current version of the ordinance?
Look, I know this was a request.
Let me go look.
Is it in the current, sorry, Orla, go ahead.
Yeah, it's in there, similar languages.
Okay, thank you.
those are my questions. Councilmember Trigum. Yeah, thank you. I wanted to go back to the
30 days and just try to understand is there a standard definition of when it says 30 or
60 or 90 days for that matter, effective from when? So what is the trigger right now?
It would be delivery of the materials to both the chair of the board and the director of
accountability. So as defined right now and this might be a question for either
Councilmember Blackaby or staff is the expectation if we go with 30 would it
be within 30 days the PAB needs the PAB would have to make a recommendation and
bring it to the council. I think that's I mean that's the question I think we
should talk through I think the suggestion with a PAB is it should not be, you know,
it should not be agendized, their suggestion is it should not be agendized to come to us
before the 30, before they've had the 30-day window. So 30 days and then it could be taken
to the agenda, go to the agenda process, I believe is their intent in terms of how it
works now, kind of defer to the chief. But that's the ask. So not put it on a parallel
path. So it submitted the PAB, and then within 30 days of the submittal, it comes. I think
they went the full 30 days before it goes through the agenda process.
So the PAB would have an opportunity, within 30 days of receipt, to review. And that would
be the clock. So, like, let's say PAB looks at it on day 30, the clock would stop at that
point, but as long as they looked at it and made a recommendation on day 30, it could
come to counsel and be added to the agenda process.
Yeah, and I think it's – and I don't believe, again, a deferral – it's not that the
clock ever stops.
I think it's just a question of once the 30 days start, at what point should BPD bring
it to us and advance it to us?
And should it be with the goal that it hits a counsel agenda 30 days later, in which case
they would submit it after however many days at 10 or 15 to then start the agenda process,
or should they wait the full 30 days before it gets submitted to the agenda process? I think
that's a question that I think we can talk through.
Yeah. Okay. I'll save the last four comments.
Thank you so much. If there are no more questions from the council, let's go to public comment.
Can I ask how many people would like to speak on this item?
How many Zoom comments are there?
Hand raised.
It's currently four hands raised on, but five.
Okay, let's do one minute public comment each.
And people can yield time up as well, so.
Yes, if you would like to give public comment on this item, please, line up now.
Go ahead.
Hi, well, I was shocked when I saw this on the agenda.
to rescind and replace the police equipment and community safety ordinance.
Consideration of less lethal deployment policies, use of control equipment.
But it turns out it's just about reporting, huh?
Well, be generous, give them 60 days.
Your police accountability board, they are volunteers, are they not?
Why not give them 60 days?
And if you think it has to align with the surveillance tech ordinance,
then revise that ordinance to 60 days as well.
And thank you, Council Member Blackaby for the supplemental.
I like that better than the original.
Thank you.
Thank you.
Next speaker, please.
Yeah, I just wanted to point out that having reporting requirements and
and having those reporting requirements actually work and be fulfilled are two different things.
And as the last PAB report illustrated, I don't have any confidence that they will be followed.
Thank you for your comment. Go ahead.
Yeah, thanks. I guess I just cannot imagine 30 days. Nothing happens in 30 days.
this town doesn't move like that it just doesn't by the time you know there's
delays and information gathering and delays and reports and delays and delays
and Stonewall and foot dragging 30 days really you know it just doesn't feel
sincere you know give the PA be what they need they they need some support
from you guys so please you know give them the time they need to do the job
And let's encourage the chief to provide the information that they need to do the job
Thank you, are there any other public commenters? Oh, sorry. I didn't see you Maria
Is it just on this one item or is it the action
It's just on this one item, which includes both council members versions
of the recession and replacement.
Yeah, but I'm wondering is it item 20 and 21 or just 21?
It is just item 21.
We finished item 20 already before the break.
Uh-oh.
Okay.
So I'm just, all right, so I'm concerned because it's so easy to start a fight,
start a war, it's a lot harder to stop it.
And I'm a tool girl, I got tools, I got tools for the tools.
And I'm tempted to use them when I've got them.
And I was out in Contra Costa County with RACES and they started this Urban Shield program.
Just so eager to get more and bigger and better toys and I almost killed.
So I'm just concerned.
It's not that we don't want to protect, because we do, but we also want to serve.
So again, I'm an old hippie.
I really want peace and harmony, so I'm concerned.
I don't know what the logistics are, but I caution us, because once you've got them, it's hard to get rid of them.
Thank you.
Thank you for your comment.
Come on up.
Go ahead.
I had to say something.
I've been a part of Berkeley Co-pods for 28 years now.
And from what I've seen the police do, I do not trust them at all.
Through the years, it doesn't make sense to let them slide on anything.
This shirt represents Rodney King and the police of the time commented on their reports after they beat him.
And there's nothing unusual happened during the arrest, nothing unusual happened.
I was told that my first arrest was in 1974 in Berkeley by the cop, I was down on the ground.
I have a bike drunk on the list and he said, relax, relax sir, we're not going to hurt you.
I have a relax, they slammed my head into the ground.
I don't trust the police at all.
I think everything, every Mexican resident report, means they're not on the street messing with people, thank you.
Thank you so much, can we go to online comments?
Yes, we currently have seven hands raised.
Okay.
We have John Lindsay Poland.
Good evening.
And I may ask for another minute if it's possible.
I am with the American Foreign Service Committee
and we review AB 481,
the state law implementation
of military equipment ordinances across the state.
You know, the annual reports that are under AB 481
that would also be required under this revision
include requests for new equipment.
And under the state law, requests for new equipment,
the clock starts when the proposed policy
for that equipment is published on the agency's website.
And that clock then requires the council
to review the item at least 30 days later.
So if you're gonna have the PAB review this,
and that PAB review results in any adjustments
the proposed use policy for new types of equipment then you're going to need at least 30 days from
when the PAB reviews it. So giving the PAB 30 days to review is really important because these are
very complex policies and documents to review. I know that the BPD
wants to start a new drone program but new equipment applies to any new model of anything.
So, you could have a projectile launcher, a new type of assault rifle that comes under the item,
that comes under the military equipment policy. If there's a new model, then that has to have
a review by the council, again, at least 30 days after it is published by the agency.
And so, if PAB's review is going to have any meaning, then there needs to be a possibility
that PAB's review will result in some changes to the proposed policy for that type of new item.
So I urge you to expand this to 60 days for the PAB review to allow that margin
for your review of the item. Thanks so much. Thank you for your comment.
Sorry, I realize is Maria still here?
Okay we we did public comment on item 20 during the consent calendar comments. I misspoke and
said that we did it before this item. Please continue thank you. Okay next speaker is Kelly
Hammergren. Um I also support a longer review period for the PAB um since I go through the
agendas every every time they're published and attend the agenda committee meetings and see how
long the delay is often when something comes from one of our committees one of our commissions that
it can be a very long time from when it leaves the commission to get posted and my concern is
that even if the PAB has a time to review it, will it actually reach the agenda committee
and get published with the agenda before you consider it?
And so, the longer period of time, the 60 days, I believe is what is needed
and there also should be something that the PAB's response is involved.
Thank you.
That's your time.
Thank you.
Next is virtual meetings.
Hi, my name is Wendy with the Berkeley friends meeting and we too would support the 60 day timeframe from the point.
Um, and if you phrase it as 30 days that the 30 days.
is for the PAB review prior to it being agendas for council.
This particular ordinance today is a good example of the PAB met last week on Wednesday.
It was agendized before they could meet.
And for you to consider, it required a lot of last minute shuffling and supplementals that didn't make the regular agenda packet.
And by having a period of time that's required for the PAB before it's put on the agenda would allow for the orderly progression usually.
Next is Barb Attwell.
Yeah, hi. My name is Barb Attwell. Thanks for taking my call.
I'm a resident of Berkeley and I'm an member of the Berkeley Friends Meeting.
I just wanted to reiterate what Wendy was just saying and the fact that we do support the 60-day review timeframe.
And we've written a letter to the Council to make sure that we, you know, that we oppose the whole Council agenda.
Item number 21 is drafted, but support the adoption of the recommendations of the PAB on
military equipment use, oversight, transparency and accountability. And we support the council
adoption of the revised police equipment and community safety policy. Thanks for your time
and for your efforts. Next is a phone number ending in 453. Hi, everyone. Josh Guy, Toronto,
Chair of the Berkeley Police Accountability Board.
We need transparency and oversight of the acquisition,
use, and deployment, and military equipment
on Berkeley streets now more than ever.
The JAB supports Council Member
Blackly Supplemental Proposal,
including most of the proposed edits,
which would make the city's processes
more efficient without losing BMC 2.100's
critical oversight and transparency planning.
Thanks to Council Member for working with us.
In terms of the 30-day review period,
I would just note that 30 day is the minimum amount
that is needed for us to review.
The department does not have to submit it after 30 days.
They could continue to collaborate with us
if we had questions for them.
And that is what we ask of the department
not to just like stick so strongly
or like so close to that 30 day period
that we can't collaborate with them,
that we can't make informed recommendations to council.
So I do think for purposes of the ordinance, 30 days is sufficient, but if you want collaboration
between us and the department to provide informed recommendations, then we would need 60 days
or 30 days if it's okay with us and, you know, that additional time to talk with the department.
Thank you.
Okay.
Thank you, Chair.
Next is Nathan Meisel.
This is Nathan Meisel, as you all know, I was on the PAB for several years and a long
long time ago, I was the chair for the subcommittee that considered the original proposal for
the acquisition of controlled equipment. You know, I'll just say briefly, I'm in support
of the supplemental from customer Blackaby. I've been critical at times of this council
on his actions and rewriting a lot of the work that's been done over the last several
years on police accountability and police oversight, but I want to really appreciate
supplemental um you know bringing many important points that the PAB has pointed out
and ultimately if this council wants the PAB to have time to actually give input and meaningful
changes um and do the job the community voted it to do then it needs to give it more time and to
at least honor the proposal brought by the council member and actually allow it to have meaningful
work in this process. If the council doesn't want meaningful work it should just say so.
Nathan thank you so much. Next is Alana. Hi there. So I want to just echo what everyone's
saying. This is an opportunity for you to take action and not only have words like your emergency
item at the beginning of the meeting. Take action and show that you support the police accountability
board. You want oversight of our BPD because we all do, we all do, we certainly do. So please
Give them the time, put it back to 60 days, let them collaborate, show this is an opportunity for you to take action to show that you are with the community and you are with police oversight and you are with the police accountability board.
So, please do so please vote for the supplemental and make it 60 days. Thank you.
Thank you last speaker is Cheryl Davila former council member.
Yeah, I'll have to echo what everyone said about the 60 days.
You know, Berkeley doesn't do anything in 30 days and you need to set them up for success.
The police accountability board and the only way you can do that is to extend the time you've already made all these changes to all these different things.
things to hinder them, and we need to make sure that they're successful and that things are transparent and really, they don't need any more tools and they need to report them.
So, I actually think that they should report it in March and in June, because I think we need to hear more about what they're doing.
And, and, and have an opportunity to ask questions 2 times and not just once a year.
Um, they can do okay. That's it for online public comments.
Thank you. Um, I want to hand it off to the city clerk who has some minor technical issues with.
The items proposed that he would like to raise.
Uh, yes, thank you. Vice mayor. There's just a few, uh, quick things that would be good to include in the motion.
The first one is that in section 080, it has paragraphs 1 and 2. Those should be
paragraphs A and B for consistent codification format. And then the
severability section is numbered 010. I think that's supposed to be 100, 2.
one hundred point one hundred and then lastly is the the effective date you
know per the charter and ordinance is effective 30 days after final adoption
so the ordinance would be effective 30 days after the second reading per the
the charter and the elections code so just those three quick minor technical
the city's public health and the
PAB to make its recommendation on their proposal within 30 days of submission shall then basically
enable city staff to proceed to the City Council for approval. And similarly on number six,
after review by the PAB or 30 days, whichever comes first, then the police department shall
submit the annual report to City Council. So my reading of this language and curious,
again, the feedback of staff is that this then says nothing comes to us or to our agenda
process until that 30 days runs out, at which point then it would be submitted.
Is that a fairie?
Is that how you read it?
Is that how you would interpret it or how would you interpret that?
No, I would interpret that to say that it would not come before Council to make a finding
on or to approve or accept the either purchase of new equipment or the acceptance of the
annual report unless 30 days had passed for the PAB to have review of that item.
I'm happy to make some comments on why and how that aligns, if it pleases Council.
And so I think about all the things and all the places that we have PAB review, the valuable PAB review on the process that we have.
For example, the charter allows them within 30 days of us implementing a policy,
any policy or operational plan to make review of that.
Surveillance technology ordinance also envisions and expects us to give 30 days of review time to the PAB to go through that process.
Our reporting process is through the city process, which is city attorney review.
Review through the budget processes and city managers review processes are also set on a 30 day cycle.
The specifics of what they're reviewing as part of this military
equipment ordinance is primarily the reporting of an annual report.
Much of the data that is reported in that annual report is available in near real time on our transparency hub.
The equipment is clearly identified, it's late, we have already gone through an approval process.
So the PAB knows exactly what equipment that we have in use in our department.
So if there was a specific tool they were interested in digging into, if there was a policy around one of those pieces of equipment.
Nothing precludes them at any point in time during the year initiating a process in that.
Or preparing for that in advance of receiving the annual report from us.
Further, what I had heard the chair of the PAB share at least two times tonight was that there are many times when they can achieve a 30 day review process.
But there are times when he would like to step into a collaboration process around that.
All we're asking for is a timeline that matches what many of our other timelines are for review with them.
Council also has the ability to hear from the PAB with the communication saying, can you push it to a later meeting?
We have the ability to pull back an item and not bring in if there's collaboration or effort happening around that.
I will also just kind of reiterate, this is an annual report about uses that happened a year prior.
And so nothing would preclude us from council from receiving the annual report as required by state law.
But then directing us to move into a collaborative process with the PAB to explore alternatives to equipment.
or changing the use policy around equipment or doing any of that other work which would affect our actual current use.
We're talking about accepting a report that already occurred.
Thank you.
Councilmember Blackopy, okay, thanks.
Councilmember Bartlett and then Trado.
Thank you.
Okay, so it looks back, you're saying, right?
Okay, I guess, I'm curious, I served in this commission a long time ago in a different form.
I mean, this body, of course, has been somewhat disappointed with the PAB this last year.
Well, you can be honest here, with their work output.
So I'm wondering, is this amount of work feasible for this commission?
This is a real question here.
Or is the staff doing much of the work and the appointed members are sort of approving and commenting the way we do?
Is this a question for the chair of the-
Anyone from the commission here?
Yeah, the chair of the commission is online if we can-
He should be able to unmute.
Okay.
That goes to the question I'm asking here.
Mr. Caitano, do you have an answer to Council Member Bartlett's question if the Commission
is...
Yes, Council Member.
Yes, we have the ability to review it.
We have been understaffed severely and we would appreciate more nominations, but we
are asking to...
We asked to review it last year and we're asking to continue that review.
And as the Chief pointed out, it's based on a report.
The report, you know, doesn't require more than reviewing that report.
So we would have the ability to do that and provide you with an informed recommendation.
Okay, so all right, so all right, so you feel that the appointed members can actually do the work as opposed to the city staff who are appointed to the commission that we usually have, right?
To do the brunt of the work, you can do this, you say, if you're fully appointed.
what I just heard. Being fully appointed would definitely help. Okay. I'm just asking because I
just want to just make sure that, you know, we do have the alignment of timelines and
this predictability and ease, but I also don't want to set you up to fail and, you
know, have you unable to fulfill your voter-mandated duties, and it's
It's been tough.
It's been tough.
Okay, thank you.
Yeah, I appreciate that.
I don't think that was a question,
but I'm happy to say something else at the council places,
but.
Thank you so much, Chair.
We're gonna go to Council Member Traigib,
then Mayor Ishii, and then Council Member O'Keefe.
Thank you so much for at the outset.
I just wanted to thank Council Member Blackaby
for the supplemental, I definitely support
the main thread on it and I just needed more time
to review it and it had to get into the supplemental
two packets, so that's I think the primary reason
it doesn't include my name as a co-sponsor,
but I really support the effort
to get to a win-win here.
And that is what a negotiation looks like.
So my remaining question is really on the 30 days.
And Caltemab with Blackaby, would it be possible
for you to pull up the number six and seven right now?
The edits, right?
Okay, yep.
Yeah, the edits.
Oh, sorry, and then, actually, it's five and six.
So, I first wanted to just understand,
because I think six says whichever comes first,
and five says within 30 days,
and I was curious if the intent is to,
for there to be consistency,
but let me ask the question that,
well, this is the EDGE case that I've been thinking about
and I wanted to see how this would work operationally
and I appreciate the chief's comments
that has partially answered my question,
but let's say the commission gets a report the same day
or maybe the day after they have a regularly
scheduled meeting.
And so I believe they meet monthly, is that correct?
Oh, is it twice?
Okay, it's twice a month.
So maybe that actually gives me more warm fuzzies
that 30 days may be appropriate as long as we are very clear
in the language that it's not 30 days for the entire series
of actions in up to getting to the council.
This is just authority days for the commission
to provide its input.
And then, yeah, I just wanted to make sure
that the language in five and six are consistent
with each other and that everyone understands
what this means in practice.
Thank you.
Are those your comments for now?
Yeah, maybe this is a question for,
could be reviewed by the Police Accountability Board
or 30 days, whichever comes first.
How are you envisioning this play out?
It's similar to the previous, so just to be clear.
So O50D3 is about the PAB's review of any acquisition and use of police equipment.
O60B4 is review of the annual report.
So they're both on a 30-day timeline, and they both say that there's a 30-day window
to do the review, after which point, whether staff has heard feedback from PAB or not,
they can then proceed.
But my read of the item is one of them has to do with the report, sorry, the use reports
on the use, so the report, O60 is about the report, the annual report, and O50 is about
the acquisition and use of police equipment
and potential new acquisition
of different kinds of police equipment.
So this says, six says, like, let's say the PAB
provides its feedback within 15 days at that point
and they make it clear there will not be more feedback
forthcoming within that 30 day window.
The item can be sent to council.
Okay.
Okay, I am, I am clear I did admittedly have misgivings
about reducing 60 days to authority,
but I also understand the point to be consistent
with other 30 days parameters.
The fact that this is a look back, it's not,
this is a report on what happened
the preceding year, and in particular that I yes this is new information for me I was
not aware that the PAP meets on a twice a month cadence and that definitely feels like
I can live with 40 days and if that, if this language is what can get the entire Council
To get to a, yes, I certainly support that and again, appreciate council members block of these work.
Thank you council member mayor and then council member and then I have some comments as well.
Yes, I'm going to ask another question because I, I think it's just hard for me to read and listen and so I just want to make sure I'm understanding. Is this 30 days.
Before it's submitted to agenda and rules, or is it just 30 days.
Actually, yeah, it must be 30 days before agenda and rules. Is that right?
Is that a question for submitted for staff or for council member block B?
So, it's so it would be submitted 30 days.
Uh, before agenda and rules.
Before it's submitted to agenda and rules to path.
No, typically the way our work processes work is that because of the length of time when we upload an item and
then it comes to gender and rules and then it finally makes it to council.
That's the time period with which PAB could be doing its review processes and
then weighing in to provide an item that's either included as a sub two or
as in within the original item if they can finish their review.
And that's the fact of us not having to wait for additional processes that then stretches out an approval process of an annual report.
Upwards of 60 plus days because we're waiting to hear back of 30 days and
then artificially having a review note or a complete sign off from the PAB,
then have to sit for another 30 days before it can get to council because of having to hold before we get into the cycle of reporting.
Okay, I, um, all right, I need to sorry, I need to 2 on that because, but I, I do just want to make some comments as well. So, um, I want to, I want to start by saying I agree with the intent of the proposal to consolidate reporting into 1 annual report and appreciate the importance of avoiding.
Added burden, redundancy and reporting. I just want to remind folks, like, that's what this item was created for in the 1st place was because there are some things that are redundant in our reporting. And so we're trying to streamline that. So I want to say, I absolutely agree with that. I think that makes a lot of sense.
And I also think it's important that we retain the categories of equipment, which are not explicit or included in AB 481 as well as retaining the requirements to include geographic location.
I know from having conversations with the chief that geographic locations are already part of the transparency hub.
However, I think it makes sense to be explicit in the Berkeley municipal code, because it allows the city to analyze frequency disproportionality and other interactions between BPD and the community.
I think it's just important to be explicit. So, I'm going to chew on this 30 days piece. From what I'm hearing from the chair, it sounds like 30 days could be sufficient. It's just.
I want to make sure I understand the timing and how it works. So I'm going to let other council members comment. Thank you.
Thank you, mayor council member. Okay.
Thank you. I really want to highlight something that the chief said, and I think a number of other members here have said, but it's it's really important and I just don't want us to lose sight of it.
which is this report is not only is looking backwards,
so there's not exactly new information contained in it,
but it's looking backwards at information that has been put on the transparency hub in almost real time.
Not literally real time, but like a day.
So this is not, we're talking about,
and this seems to be, I think, the only issue that's really being debated right now is the amount of notice,
and it just shouldn't be that big a task to review something that is not containing any new
information. And I just I really don't want us to lose sight of that because we're really getting
into this, you know, these really detailed conversations about the timeline and what it
looks like. And that's fine and we should understand it and we should, however people
want to vote on that, it's fine. I'm open to whatever. But I just, let's just not forget that
there's no scenario where some big, huge revelation is going to be put forth.
That's going to take a lot of analysis.
It's, it's information that is out there.
And I actually, while I'm saying this, I really want to make a plug for the
transparency hub, um, there's been, uh, I'm in a lot of conversations about
different things regarding, uh, police accountability and, you know, it's
a very important thing and we're doing an excellent job.
Arlo is doing an excellent job.
We have the police accountability, the transparency of guys right here.
and it's it's really it's a wonderful tool it's very very important to me that the police are
held accountable and um have to um be incredibly transparent about their use of force that is
you know it's it i take that very seriously but we have this amazing tool already and let's just
not lose sight of it and let's just remember that that's part of the universe that we're
working in when we're debating how many days of notice we have to give the pab thank you council
I want to talk about the 30 days but there's two other pieces that I also want to mention.
I'm concerned about removing the pepper spray portion of the item as our current resolution
requires stricting reporting requirements, which is good, meaning we wouldn't need it.
But there is an item going through the process right now to change that and so I just want
to make sure that the pepper spray is going to stay in the conversation with this item
as we potentially change that resolution. I also don't really understand the need to
remove the private right of action piece if it is restricted as it is currently and if
hasn't necessarily been used, so I would like to have a further conversation about that.
And then finally, about the 30 days, I have a couple different comments to make.
First, I think that when, although it, the uses of the equipment is automatically populated into
the transparency hub, it's a pretty different, when we're trying to analyze patterns, it is
pretty different to see it all laid out. And I think that also given that the PAB is a volunteer
body and is understaffed, that for them to individually be looking at each time
that the equipment is used, that is separate from approving the report altogether.
Also, when the report from my understanding and either the chair or
second, correct me if I'm wrong, there is more information added into the
report than there is on the transparency hub.
There's the standard is that the use of the equipment is necessary because there's no
reasonable alternative that can achieve the same objective of officer and civilian safety.
And we need to be able, the PAB needs to be able to rely on the narratives of the department,
which is new information by the time that they get the report.
So those are a couple of comments I wanted to make.
I wanted to thank Council Member Humber and Council Member Blackaby for their items.
I support Council Member Blackaby's changes
with these small comments.
Thank you.
Go ahead Council Member Blackaby.
Thanks.
This is maybe one more question for the clerk,
just put the clerk on the spot.
Just again to think about the process
for all of us on the 30 days.
So item is submitted,
sort of the department has the item,
submits it to the PAB and then also at some point
starts the agenda process for council.
When PAB considers and reviews,
and potentially writes up a, you know, a response,
as long as they meet a timing for step two or whatever,
it can still be seen, heard alongside.
I just wanna think about how this works when it comes to us,
cause like ideally then we have the report,
if the PAB's already met in the 30 day window,
there's a way of squaring those,
bringing those together at the end when it comes to us.
Is that right?
basically done through a sub 2. Can they file it in that way or I guess there's
potentially even an earlier part of the process they could put it into the
stream? Yes, there's three deadlines for when a communication would,
and there's three different places, a communication like a letter to the
council could be published. You know, if it's submitted, you know, basically the
day of the agenda and rules committee, it could go in the agenda packet and then
Then there's the sub one deadline, which is seven days before the meeting.
That packet goes out five days before the meeting.
And then there's the sub two deadline, which is noon the day prior to the meeting.
That gets published that afternoon prior to the meeting.
So there are those opportunities along the way.
And then those, yeah, so those supplemental communication packets are, of course, available
the public and the council, so it's all published on the record.
Okay.
I think it's just refreshing our – as we're thinking through the process, just making
sure – because then if they hit one of those on-ramps, then it's basically comes into
the flow at the same time before it comes to us.
Right.
And we can have a discussion both about the report and the feedback we've received about
the report, and that's how we would hear it.
Yes.
Okay.
Thank you.
Thank you, councilmember.
am I also wanted to mention I
forgot that Council also meets
twice a month but we also have
large portions of the year
where we're not meeting and so
I want to make sure that we're
giving the P.O.B. this similar
leeway that we would have so
that they do actually have the
chance to meet and agendize
before we hear something.
Yeah, because if in a, for
them to submit materials that they need. So maybe we can carve out and make sure that
there is a regular meeting of the PAB scheduled within that time, within a reasonable time
before the council meeting. Are there any other comments? Councilmember Tragan.
Yeah, thank you. I wanted to also, I was remiss in not thanking Councilmembers Hamburg
and O'Keefe for just thinking through how do we take advantage of existing state law
and make sure that the oversight that we are exercising as a council, that all of it adds
value and that, you know, reduces duplication.
So I wanted to just say that I echo Councilmember
O'Keefe's points about the incredible value
of the transparency hub.
Again, I appreciate and will be voting in support
of Councilmember Blacovey's supplemental subject to,
Well, or as incorporated into the main motion now
with additional conforming changes by the clerk as discussed.
I want to end on just I wish to echo
Vice Mayor Luna Palace points.
30 days is actually not a lot of time,
and I definitely want to make sure and, you know, have confidence that through a collaborative
process this is doable, but that the PAB actually has enough information, you know, provided to them
prior to such time when they are having regular meetings, not say during the winter recess time,
to make sure that they do have the capacity to provide the review that they need and we can get
quality information back to the council. Thank you. Councilmember, I do want to clarify that
there's no motion on the table. So, we don't. We'd like to make a motion. Okay, first we're gonna
And then I go to Council Member Taplin, and then Council Member Bartlett, and then Council Member Humbert.
Thank you, along those lines, I was, because we do have two recess periods,
but it's my understanding that our recess periods are factored into the timing of critical things.
So I was wondering if someone could speak to that.
Well, as it relates to this specific report, which is delivered in June,
It's neither a council recess or a PAB recess time, typical recess times.
They work on a very similar recess schedule that the council does.
They take a short recess in the fall and then also a recess around winter.
And I don't think they take a spring recess.
Thank you, yes.
And so to the extent that this can be timed together,
that's to our greater benefit.
Thank you.
Thank you, Councilmember.
Councilmember Bartlett.
Thank you, Madam Acting Mayor.
This is not Vice Mayor tonight, so.
Right?
Yeah.
Acting Mayor.
OK, so that was my question too.
So I guess in terms of our particular government business
day or business week, right, or business calendar,
it still aligns because they're also on break.
And this report is due in the month of June,
and it looks back to the prior year.
So they're, they can structure this time accordingly.
And I wonder, I guess just because at this point, I'm persuaded that the 30 days is doable.
Particularly with them fully staffed, and I do hope that they are incorporating,
exploiting the incorporation of certain tools to help them do this work faster.
We all know they're out there, and while there's no policy guiding its use in the city,
we do know that it can be used for the benefit of processes like this.
more on that tomorrow, please.
Thank you, Council Member.
Council Member Humbert?
Yeah, I'd like to make the motion, the main motion to,
for the item that Council Member O'Keefe and
I have brought and incorporate the supplemental
brought by Council Member Blackaby and with the edits that he made that we've seen on the screen.
Thank you. Just to clarify that, does that mean that that's the emotion to approve Councilmember Blackopy's item with the changes?
Because he built off of-
Yes, I suppose it is.
Yeah, I think that's, yeah, you can look at it that way, sure.
Is it also with the clerk's comments?
With the clerk's comments added as well.
Okay, thank you.
Second.
Thank you.
Yes, I just to make it very, very clear, because I think I'm still a little confused.
Does the police department have to submit the item 30 days before the council meeting
where it's going to be heard, or is that the right timeline?
We're hearing from staff.
The proposal and how they're reading our language and how they will interpret it as it exists is it will not come to us at a meeting in less than 30 days.
But they may come to the agenda process to start the process before the 30 days.
Okay, thank you.
How do we feel about a friendly amendment to 45 days so that we can give the PAB enough time to agendize it?
gives them just a little bit more time, but we're hearing from them that the current
process for the other reporting periods are not sufficient and have caused conflicts in
the past and so in attempts to minimize those.
Do they not have a regular schedule, like a regular calendar of when their agenda is?
They do.
They do. So, I'm just trying to understand in what scenario it would take longer than what's proposed for them to agenda, is it?
There's been some issues with getting, from what I understand there's been issues with getting the PAB members,
the information within that time, due to low staffing at ODPA.
As well as, from my understanding of how commissions work,
the Chair meets with staff two weeks before the meeting to agendize to figure out what's going to be on the agenda.
And then the agenda solidified one week before the meeting.
And I'm not sure how urgent items work.
I don't think that commissions are allowed to accept urgent items, but the PAB might be different.
But if they're agendaizing a meeting to discuss a previously submitted report that's already
posted.
Can we – I think that the chair of the PAB might have an example of how this might work
if we can – if I can ask him to provide one of how this has been an issue just in
getting them to actually hear it in time.
is. He should be able, he's unmuted. Go ahead, Chair. Hi, so if the department
submitted to us on the 27th of May and our first meeting in June is not
until the second week of June, so we just did the, what, the 12th of June.
Technically, under the current proposal,
the council would be able to consider and vote on it,
the 27th of June.
And for that to happen, it would go to rules and agenda,
I believe, what, 10 days before that.
So we would really only have the ability,
based on our calendar and our biweekly meetings,
to consider it at one meeting.
And in that meeting, we would not only see the report
the first time, try to make, you know, usually we would filter that out to a
subcommittee, have the subcommittee at the next meeting, bring it back to the
second weekly, to the second bi-monthly meeting, and then from that approve a
letter for council. So the 45 days that council member Nohara would actually
make a material difference based on the current process, based on that
example that I'm providing there. Thank you, Chair. I think I'm not sure. Are you still
wanting to speak? I don't know if this is. I'm sorry, Chair. Thank you. I meant the council
members. Are your hands raised on the parliamentarian? Yes, I'm numbered. Oh, I guess I'm number
one, but I would support the 45 days based on this operating experience.
Thank you. I think if we want our commissions to be collaborative with this, I think that
this would be a good compromise. Mayor Ishi?
Yeah, I want to make a comment about that. I think the 45 days makes sense because of
This example that chair just gave. I think it's, it's helpful to understand just like how, how it can be calendared out and I hear what the chief and council member said about that information being on the transparency hub.
But I think there, there really is a difference that's important to be made here between, like, what is available versus what has actually been submitted to them for review.
Um, and I think with that logic that, I mean, they should be checking it all the time and in preparation for the report and that's not an expectation that we've, we've set for them. So, um, you know, I would support the 45 days. Um, but I think that I'm hoping we can come to an agreement on a number because I think the reality here is we do want to be able to have that collaboration.
And I understand that I understand that the chief is what the chief is saying about.
You know, having that opportunity throughout, but I want to make sure we.
We, we build that in the time in.
Thank you mayor council member Humbert. Yeah, I guess I have a question for the for the chief.
Is can you work with 45 days?
Well, a couple things.
One is, and I'm not an expert on how materials can come to the PAB board, but
we submit those materials to the Chair and to the DPA with a request for it to go to all PAB board members.
Which 30 days for them to review and then participate in a meeting,
our experience is that that has given them adequate time.
And in fact, Chair Keitano has shared that in plenty of times that he's able to look at that and say, that's fine.
The challenge I have with 45 days is not that 45 days is hard, it's that every time there's a different reporting period for
different pieces of material and different annual reports, it puts an additional burden on staff to make sure we're tracking all those instances.
The 30 day time period aligns with the way we submit other materials to the PAB for review.
That doesn't mean that we don't try to get things to them as soon as possible.
In fact, often with the Control Equipment Ordinance over the last several years, I'm typically broadcasting to the director.
I expect to have this report done on this day, reminding you this is coming.
And as we get a run up to that, being mindful of the calendar.
And certainly as we're looking to land the date that we're coming in June,
nothing requires us to be a certain date in June, or even to necessarily come in June.
That's just when our annual cycle has been.
Certainly we'll be looking at the calendar, and I'm happy to look at the calendar and communicate early with the PAB about when we anticipate landing that report and ensuring that they have a meeting timed out.
I'm happy to hear from them about deliver it closer to a meeting or
farther from a meeting so that they can have adequate reporting time.
Those are just hard things to work into an ordinance and for us to make sure we're hitting deadlines and timelines.
the state of the state. And so,
are, maybe this is a conversation that needs to be
agendized in the future around trying to make everything
consistent to 45 days, and I get that that is not
what is before us tonight in those broad terms.
I'm wondering, I would support anything that can be done
outside of a council decision with a date
to look at a cycle that brings it back,
or brings it to the PAB at a time when they're meeting,
you know, not around a recess
and frankly not around council recess either.
I did have a question.
I believe the previous language said 60 slash 90 days
because I think the number was different than the letter.
But then it said, or 30 days,
if there is a grant directed timeline.
So I'm wondering if a less elegant compromise,
but still a compromise could be to go with 45 days
or 30 days retaining the 30 days
for the strict grant directed timeline.
And this is probably a question for the chief.
I agree that especially with grants,
we need a shorter window to be able to operate.
Sometimes we hear about grants at the last minute.
I would refer back to what I said earlier
about the challenges around a 40-day timeline,
and especially if within an ordinance,
we have there based on the action that we're taking,
it just creates more administrative work
for us to track those things.
Okay, I'm going to try and substitute the motion
just for discussion, and that would be
to change part five proposal within 45 days
and then we keep the text 30 days in instances
where the proposal is subject
to a time-sensitive grant application
and everything else would be the same as the main motion
if there was a second.
Who was the second?
Thank you, Council Member.
Council Member Taplin.
Yes, thank you.
I just wanna make sure I'm understanding.
So they would be meeting to discuss a report
submitted the previous year, the year prior?
That's correct.
They are looking at a report of uses over the year prior
and then have an opportunity to make a recommendation
to council about whether we should continue
to use the material, the equipment or change how we use it.
And what triggers them to meet to discuss that?
Is that on completely on their end
or is that responsive to something on our end
Or, could they do it sooner or could they do it later in front of them and
understand what is the time constraint for them to initiate that review?
They could initiate a review of equipment or policy at any point in time pursuant to the charter.
But their review of this report begins when we submit the report to them.
I see, I see.
Yeah, I really don't wanna have a scenario
where we have like, okay, this report is 30 days,
this report is 45 days, this report's 90 days, right?
I think that's inefficient.
And if we are gonna talk about
how to have consistent uniform timelines,
I would like for that discussion to be grounded
in operational clarity and deficiency.
and it's still not it's still not quite clear to me what the extra time will
allow them to do that they don't already have the ability to do. Thank you
councilmember. I can I offer a quick amendment to the motion and I'm I'm open
this not being accepted I think I just want to understand it better adding back
the right of private action as restricted in the current in the current
ordinance because there's no way there's no other form of remedy if this is not
followed other than that very small private right of action to the
The substitute motion.
This is a substitute.
I will accept that for the purpose of discussion.
I anticipate someone may well sever out that provision before we vote.
That's okay.
I think I want to just hear that argument also.
I want to kind of talk through that as well.
Does the seconder accept?
Councilmember, do you accept the friendly amendment?
So for discussion, yes, but typically when it comes to rights of action and
city attorney might want to comment on this as well, this body
is the one that creates fines and fees and creates legal moments of jeopardy.
For people in the community, for our city, our staffers, our people in the community.
I don't know that appointed civilians necessarily to have that charge.
Thank you, Councilmember.
I guess the current – the way that it's currently written states that if the alleged
violation is substantiated and cured, then a notice has to be posted.
So the primary reason for having a private right of action is curing the issue and not
necessarily holding up the city in bigger a bigger violation since the
prevailing complaint may only connect from the collect from the city
reasonable attorney's fees in an amount not to exceed 15,000 if they are
obligated to pay such fees against something that hasn't happened since
we've had this if it's only $15,000 that's nominal and does not really
to accomplish the task.
If the goal is curing the issue, not necessarily the financial.
Yes, I guess, city attorney, I mean, I would just, I'll go back and forth here, but, I mean,
when you get into the government's role as,
what's the standard, where our rules come from a good place, or a bad place, or-
Arbitrary and compressive.
Arbitrary and compressive, right, if that standard still exists.
I mean, this gets, this already sounds to me kind of weird, that's only $15,000.
That seems like it's not meant to do anything.
I think the origin of the $15,000 is that verbiage is taken out of the other ordinance, yeah, the STO, so.
Sounds silly.
Okay, that's fine, I'll retract that.
Are there any, oh, Councilmember Tragedo.
Yeah, thank you.
So if you can pull up the language again, five and six,
I think in my substitute I in unfortunately neglected
to make a conforming sub change to part six,
which would also say after review
by the Police Accountability Board or 45 days,
change 30 to 45 days, whichever comes first.
Thank you, Council Member.
Seeing no more comments from Council.
Sorry.
Sorry, Mayor, go ahead.
That's okay.
I just put my hands up.
I just wanna give one last push for 45 days
because I recognize, Chief,
that this creates an additional burden
and having to track a different timeframe
can be really complicated.
And I think that our hope here
and the reason why I'm supporting 45 days
is to allow for more collaboration and conversation.
And given that part of the issue is staffing
and the fact that we know
that we're gonna continue having issues with our budget
and staff may continue to be an issue for a while,
I do really wanna give this time.
And I think as we are trying to reduce
other administrative burdens,
I'm hoping that by doing that,
by having one fewer report,
that this 45 days really is us trying to,
to me in the middle of making these changes
and also still keeping up with our values
and supporting the work that the PAP's doing.
So I wanna thank you all,
I really appreciate the discussion
And really think our, our, our vice mayor for, for holding a great meeting today. So thank you.
Thank you. Could we call the role on the substantive substitute motion? Okay. On a substitute motion.
Can we just repeat the motion? Thank you.
Which is, it's the same as the main motion, except it changes the 30 days to 45 days.
in these two sections here, D3 and D4, 050-D3 and 060-B4.
And there was a second element to it where we would revert back to the old language in
five or 30 days and instances where the proposal is subject to a time-sensitive grant application.
OK.
On the substitute motion, Councilmember Kesserwani?
No.
Tapin?
Yes. Bartlett. Yes. Tragov. Aye. O'Keefe. Yes. Blackaby. Pass. Lunapara. Yes. Humbert. Pass. Mayor Ishi. Yes. Councilmember Blackaby. Yes. And Councilmember Humbert. Yes. Okay, motion carries. Thank you so much.
That is our final action item for the night.
Thank you for the discussion, thank you so much for being here.
Thank you to the PAB's representative for being here as well, for the Chair, Kaitana.
Councillor Black, will you send me the edits you have on the screen?
I will, thanks.
We just have public comment on items not listed on the agenda one last time.
you'll have one minute.
Thank you. Just for items now listed on the agenda,
in terms of process, I guess I have to say that you all just spent
a lot of time debating something that's really small.
And if that's an indicator, what if the PAB
actually didn't just rubber stamp a report, but actually wanted more information?
And then they would send it back to the police
and then the police would drag their feet as they do.
I'm coming back to you to tell you,
Seven months ago I filed a complaint with the PAB.
It's not just a work slow down.
It is that the chief is not cooperating with request for information.
So if you standardize all these timelines, it's just mindless.
It's not responsive to the needs of the people.
Yeah, a $100 million operation should be able to track a deadline.
I just don't understand why we defer to the chief constantly and require nothing of her.
Thank you.
Thank you for your comment.
Thank you.
Go ahead, Carol.
So I know that you're going to be bringing forward a joint item
regarding an eviction moratorium in Minneapolis from the rent board and the council.
I want to say to add to that, there was a meeting of the National Low Income Housing Coalition today.
That there were two presentations, the first a dismal one about how disparate impact is going to be eliminated in the housing discrimination by the Trump administration.
And the second of which was expressly on the Minneapolis issues with housing.
While you are working with a council member, if you go back to that recording or contact their office,
you might be able to receive some additional information and resources, and
a sense of how the community is addressing those issues.
There are three times as much housing applications for rental assistance.
Thank you.
Thank you, Carol.
Do we have any raised hands online?
and again, this is for public comments on items that are not on the agenda. We have
hand raised John Lindsay Poland. Good evening. Yeah. I just have to respond to comments that
military equipment reports are only backward looking. They are not only backward looking.
Any request for... I'm so sorry, but that was on our agenda. Okay. The one other thing that I
I want to say then is that I find the chief's comment that these are burdens for the department
to be disingenuous because the 45 days is for the PAB, it's not for the department.
It's a calendar that the PAB has to track, not the department.
Thank you.
Thank you.
And phone number ending in 453,
I think this is the PAB chair.
Mr. Cayetano, did you wanna give non-agenda public comments?
Sorry, I don't have a comment,
but thank you council members.
Thank you.
Thank you.
Last is, phone number ending in 211
for non-agenda public comment.
My call tonight in memory of the great Berkeley
a great man and Berkeley always had one of the best police in the police department in
the country. My comment to them was about, I'm going to start when a trustee and the
unbelievable barbarous and brutality this man doing across the country. I don't think
anymore, I live 62 years, I'm 85 years old. He never says that anywhere in the world.
What is worse, it'll be very quick, he has access to the nuclear football.
It's written bottom in a briefcase read by a Navy man behind all the behind him.
He was in 12 feet from him when he pushed that bottom, where we are, into the middle
of World War III, if it happens, 98 percent of humans on Earth will die within minutes
or hours.
Two percent will die painfully within days.
And by the way, I'm a nuclear engineer, so I know the field very well.
Thank you.
Thank you.
All of the great people.
And thank you.
Thank you so much.
Is there a motion to adjourn the meeting?
So moved.
I'll second.
Can we take the roll?
OK, to adjourn the meeting, Council Member Kistorwani.
Yes.
Taplin.
Yes.
Bartlett.
Yes.
Trager.
Aye.
O'Keefe.
Yes.
Blackaby.
Yes.
Vice Mayor Bunapara.
Yes.
Council Member Humbert is absent, and Mayor Ishi.
Yes.
Okay, we are adjourned.
Good night, get some sleep.
Thank you.
Thank you, Madam Acting Mayor.
Thank you so much.
Bye everyone.