City Council - July 14, 2026

July 14, 2026 · City Council

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Agenda

1. 2027 Tax Rate: Transportation Network Company User Tax

From: City Manager Recommendation: Adopt second reading of an Ordinance No. 8,030–N.S. setting the 2027 tax rate (effective January 1, 2027) for the transportation network company at the following rates: 65.1005 cents on the user for each prearranged trip that originates in the City that is not part of a pooled prearranged trip and 31.7889 for each pooled prearranged trip on each user who arranges each prearranged trip that originates in the City and which comprises part of the pooled prearranged trip. First Reading Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett. Financial Implications: See report Contact: Henry Oyekanmi, Finance, (510) 981-7300 Tuesday, July 14, 2026 AGENDA Page 3 Page 3 Consent Calendar

Attachments (2)

2. Initiative Petition – Ordinance Creating a Parcel Tax to Fund Arts Institutions

and Programs From: City Manager Recommendation:

Attachments (341)

Agenda Items

  1. 00:45:33 Parcel Tax to Fund Arts Institutions Arts advocates supported the parcel tax as a source of more than $6 million annually for cultural organizations, artists, education, community events, and cultural spaces.

Transcript

Warning: This transcript is automatically generated by machine and may contain errors, including misheard words, misattributed speakers, and omitted passages. Always listen to the audio or video recording before assuming the transcript correctly reflects what was said. Do not rely on the transcript alone for quotation, reporting, or any other purpose where accuracy matters.
all right hello everyone good evening if I can have reporting in progress
council members to the front calling to order the Berkeley City Council meeting
today is Tuesday July 14th 2026 it is 6 11 p.m. thank you all very much for your
patience as we get started a little late we had a special meeting right before
for this. Can we start us off with a roll?
Okay. Uh, Council member Kester wanty here.
Kaplan presence Bartlett present Tregga peasant,
okay, here. Blackaby here. Lunapara humber present and marriage.
Here. Okay. Quorum is present. All right.
Thank you very much for our ceremonial matters this evening.
I'm very excited that we are celebrating disability pride month. Um,
and also BORP's 50th anniversary.
And today we have Emily, who's the executive director
of BORP, who is gonna be receiving the award.
Feel free to come up here.
There's a mic down here as well for you to receive.
Thank you.
Okay.
Whereas Disability Pride Month is observed every July
to commemorate the signing of the Americans
with Disabilities Act of ADA on July 26th, 1990,
a landmark civil rights law that prohibits discrimination
against people with disabilities in all areas of public life.
And whereas Disability Pride Month highlights
disability culture, history, and community pride
and challenges the harmful notion
that people with disabilities must conform to societal norms
to lead meaningful lives, their lives
are inherently full, valuable, and worthy of dignity
and respect.
Whereas the first Disability Pride Day
was held in Boston in 1990, followed by the first Disability
Pride Parade in Chicago in 2004.
And today's celebrations take place across the country,
empowering people with disabilities
to take pride in who they are.
And whereas the theme for the 2026 Disability Pride Month,
the world works better with us,
affirms that when people with disabilities are included,
respected and supported,
communities work better for everyone.
And whereas BORP, Adaptive Sports and Recreation,
founded in Berkeley, California, 1976,
has been a pioneering force in the field
of adaptive sports and recreation.
And whereas BORP is the only organization
in the San Francisco Bay Area
that provides a comprehensive menu
of adaptive sports, fitness, and recreation programs
for people with physical disabilities,
and whereas participation in sports, recreation,
and fitness empowers people with disabilities
by improving health, fostering social connections,
enhancing overall well-being, and increasing independence
while promoting inclusion and equal opportunity
in our community.
Now, therefore, be it resolved that I, Adina Ishii,
mayor of the city of Berkeley, do hereby proclaim July 2026 as disability pride month
in the city of Berkeley and congratulate and recognize BORP adaptive sports and recreation
for its 50 years of extraordinary leadership and commitment to breaking barriers for people
with disabilities to participate in sports fitness and recreation programs.
Did you want to say a few words? Yeah, thank you so much Mayor Ishii and to the entire council.
I wanted to tell just a brief story, which is that in 1976,
a student at UC Berkeley named Susan Siegel,
who was a wheelchair user,
tried to register for a swim class at UC Berkeley.
She was told that she could not take that swim class
because she used a wheelchair,
and so for a school project,
she designed a program that would integrate people with
disabilities and provide them recreation and sports
opportunities that at that time were not available to them.
Her professor was so moved by
the hypothetical proposal that he suggested she go in front of this very council to get
funding for what later became BORP adaptive sports and recreation.
So this council in 1976 made that happen.
BORP was one of the very first organizations of its kind,
a pioneer in the field providing sports and recreation opportunities for people of
all ages to participate in sports and to get outdoors.
Today, BOR provides over 20 weekly programs
that serve over 1,400 individuals with disabilities
every year, and much of it is possible
because of the City of Berkeley support.
So thank you all.
We are having an event to commemorate our 50 years
on October 15th, so I do invite everybody
to join us at that event, 50 years of power,
play, and progress to celebrate 50 years
of an organization by and for the community
providing these pioneering opportunities.
So thank you so much, Mary, she and the council.
Thank you so much.
Okay, so I'm very excited for our next ceremonial matter
this evening.
We are gonna be recognizing Kai Wang.
So Kai, would you and your family like to stand?
You can come up to the podium.
Thank you so much for joining us this evening, Kai.
I know that you and your family are here
And it's very exciting because Kai is a Berkeley student,
a student in Berkeley Unified School District,
who competed in the National Braille Competition
in Los Angeles.
There was an article about it in the Berkeley side,
and my office was so thrilled
that you were going to be in attendance.
And then, very excitingly, you won first place
in the charts and graphs category.
So I really wanna give you, yes.
Yes, Kai is a seventh grader at Longfellow Middle School,
and the only California student to compete
in this competition, so we are so incredibly proud of you, Kai,
that we wanted to give you a certificate of recognition
from my office.
So congratulations, did you want to say anything?
I'd like to thank Mayor Yixi, first of all,
for recognizing the importance of braille literacy,
as well as my mom for always advocating for my access.
I'd also like to thank my teachers and educators,
especially my teacher for the visually impaired,
Mr. Dustin and my music teacher, Mr. Houston,
for always making my access his responsibility.
I'd also like to thank the blind community
in Berkeley, including BORP,
and my younger brother for keeping me sane
throughout my studies.
Thank you.
Congratulations.
And finally this evening,
we have an adjournment and memory for Vanessa Lynn Sanchez,
which was requested by Council Member Kesterwani.
So I'll turn it over to you, Council Member.
Thank you very much, Madam Mayor.
I would like to adjourn tonight's meeting
in solemn memory of Vanessa Lynn Sanchez,
a 37-year-old Berkeley resident,
whose life was brutally and violently taken
in her home on California Street.
Though I did not have the privilege
of knowing Vanessa personally
before learning of her death in the Berkeley scanner,
her tragic passing has left a profound impact
on our community.
In adjourning tonight in Vanessa's memory,
we must collectively honor her life
while confronting the systemic epidemic
of gender-based violence.
Her death is a painful, urgent reminder
that even in cities as progressive and peaceful as Berkeley,
violence against women persists.
We must reaffirm our unwavering responsibility
to support survivors, strengthen local protections,
and hold those who inflict harm fully accountable.
Vanessa was a woman of exceptional warmth and resilience.
Born in Hartford and raised in south Windsor, Connecticut,
she earned her higher education at Eastern Connecticut State
University and Sacred Heart University
before establishing her home in Berkeley in 2018.
For years, she dedicated herself to serving the wider Bay
Area as a college admissions administrator
at the Academy of Art University in San Francisco.
Beyond her professional achievements,
Vanessa defined what it means to be a fighter.
diagnosed with stage four breast cancer at just 34 years old,
she publicly chronicled her journey
with immense bravery and grace,
inspiring countless others as she fought a fierce battle
against the disease.
Her family remembers her as a bright light
who loved fiercely and wholeheartedly,
possessing a rare gift for making everyone around her
feel seen, valued, and deeply cared for.
The sudden loss of Vanessa is an absolute tragedy
for her neighbors, colleagues, loved ones,
and the entire city of Berkeley.
As we adjourn tonight, let us carry forward her spirit
of determination, warmth, and courage.
We extend our deepest, most heartfelt condolences
to her family and to all who are grieving
this devastating loss.
Thank you, council member.
We are finished with our ceremonial matters
for this evening.
We will, of course, be adjourning in memory of Vanessa.
And we will move on to city manager comments.
comments tonight madam mayor thank you thank you so much i think our city auditor oh there
our city auditor is here and has some comments as well all right good evening everyone um i wanted
to make brief comments on the item on the public bank ballot measure i think this is item number
three it's an initiative petition um the intention behind a public bank is to create a publicly owned
financial institution rather than having a private bank hold those investment dollars
the city's budget. So I think
that's a good question. I think
that money can be directly
invested in local issues of
interest such as affordable
housing and infrastructure. I
haven't evaluate the contents of
this measure I think this is
something that could potentially
benefit Berkeley. At the same
time I do want to state one
specific concern I have with
this measure. There's a
provision in the measure
the city of downtown. The city of
downtown is a city of downtown.
The city of downtown is a city of
downtown. The county of downtown
the highway provides funding for these audits. This is in contrast to the most recent measure FF on safe streets and on the council bond measure on infrastructure. Both measures include language on independent audits as well as funding for oversight. Imposing audit requirements without additional funding will curtail the scope of other audits we are able to execute. Other priority issues may be left unaddressed. This sets a really bad precedent.
to be able to do that. So we're
going to have to be able to do
that. So we're going to have to
be able to do that. So we're
going to have to be able to do
that. So we're going to have to
be able to do that. So we're
going to have to be able to do
that. So we're going to have to
be able to do that. So we're
going to have to be able to do
that. So we're going to have to
be able to do that. So we're
going to have to be able to do
that. So we're going to have to
be able to do that. So we're
going to have to be able to do
that. So we're going to have to
be able to do that. So we're
going to have to be able to do
the city audit agenda.
The city audit agenda is
the city audit agenda.
The city audit agenda has
exceeded the office's
ability to conduct them and
they've had to ask for
additional funding to add
positions in order to do this
work.
As we all know, we can't
afford to do that in
Berkeley given our deficit.
Our audit agenda must continue
to be set based on the need
and in conjunction with our
existing processes.
I hope that future measures
Thank you so much, auditor.
That's a very important point and I appreciate you bringing that to our attention.
Okay.
All right.
Very well.
Okay.
So we are moving on, okay, to public comment on non-agenda matters.
Yes.
Okay.
So this is public comments on items that are not on the published agenda.
We'll select up to five cards from in-person speakers.
And then we will go to the first five hands raised on the Zoom.
So if you'd like to provide comments on non-agenda items on the Zoom, now is the time to raise
your hand.
And we'll pick the cards for in-person speakers.
Okay.
So we have for in-person speakers.
We have Andrea Pritchett, John Mario Sevilla, Samantha Torres, and Glen Turner.
So come forward in any order, and you can provide public comments.
Each speaker will have one minute.
Good afternoon, council members.
I had the opportunity to listen to your previous meeting.
I have to confess that I was sort of shocked to hear people say that the racial disparities
is presented to you by the Police Accountability Board
were not statistically significant.
When 50% of the uses of force are against African Americans
in a city where less than 8% of the people
are African American,
I don't know what measure you used to just dismiss that
and say, it doesn't matter.
Look behind you, black lives matter, right?
So the question is, what are you gonna do
if you guys are satisfied with that?
You're like, yeah, well, okay, onto the next.
Or you could look at that early warning system data.
You could look, because I know from statistical analysis
that you have one lieutenant here
who over a five year period,
75% of the people that he arrested were African American.
You could dig in and find out, or you could walk away.
Thank you.
Thank you.
My name is Glenn Turner and I want to speak about the things that are not on the agenda.
Public safety is very important, but what I see now is that, and we were talking about
police things, but then actually we've had a cut, and so the special crisis team that
used to come out has been cut and is no longer in existence.
wellness centers through the mental health committee there department they
closed that so they're closing down safety nets and I'm afraid that you know
things are not going to get better they're going to get worse especially
considering the economic crash that's going to be happening as this war
proceeds and I'd like to talk about the future and I especially like the way our
our auditor talks about public banks and things like that.
Well, thank you so much.
Or it could be said.
Next speaker.
Was there anyone else who whose name was called?
Samantha Torres and John Mario Sevilla.
Yeah, go ahead.
All right, good evening, Mayor, Vice Mayor,
members of the City Council.
My name is Samantha Torres.
I'm speaking tonight as the Vice Chair
of the Recreation and Parks Commission
from the City of Richmond,
and I'm representing one of the five member cities
of the Joint Powers Agreement
that created the Tom Bates Regional Sports Complex.
In 2001, the Joint Powers Agreement was formed
with the goal of building a regional sports facility
that would serve all the communities.
Since 2023, with the support
of the mayor and city council,
I've worked to help Richmond youth organizations
access Tom Bates.
We're seeing as inconsistent, burdensome,
and lack of transparency in the allocation process.
Original facility cannot serve all communities
of the policies governing access.
Push out one partner city while allowing others
to expand their footprint and bring in teams
from outside of the joint powers agreement.
The need for Richmond youth sports access
at Tom Bates is clear.
Berkeley's population is only about 12% larger than Richmond
and Richmond has about 48% more residents under 18.
I will follow up by email.
I was expecting two minutes.
Thank you.
is John Mario Sevilla he's gonna be okay so mayor that's just three speakers but
we did have somebody else who wanted to speak but did not fill out a card so I'm
fine with taking them okay thank you hi thank you hi thank you for letting me
speak. My name is Noury Clark and I live in Berkeley at 1309 Bonita Avenue. I have
heard that the fire department is responsible for all the 911 calls and to
respond to them and that this has put a very big stress on their budget and
they're getting in there having fundraising to try and cover it but that
the city of Davis. And I would
like to make sure that we're
I would like to comment something on the effect of a policy change from Texas
Group to GoGo brand program.
I was told in February that there will still be a Texas program in July,
but to my surprise that in June, I was told that the program is canceled.
Instead, it's going to be GoGo brand.
And the effect I can see is three aspects.
Number one, it increased the financial burden
to a lot of seniors.
Number two, it reduced their mobility and independence.
They used to rely on this Pepsi strip to go about,
but now there's no more, so they just don't go out.
And for me, I am a disabled senior.
I have a lot of medical appointments,
and now I am in difficulty.
And either I have to use a taxi and it's-
Thank you very much, I'm so sorry,
but your time is up, thank you.
Next is Alana Auerbach.
Alana, you should be, there you go.
Here I am, okay.
First, I'd like to give you all some kudos for a change.
The new playground on Bonita and Hearst,
taught playground, I took my grand girl there several times.
It is fantastic for tots.
There's also a great play area for older children.
Highly recommend it if you haven't been there
and you've got kids.
There's graffiti on the UA Theater downtown.
That's a Berkeley landmark.
Please enforce the anti-blight policies
and insist that that building owner cleans it up.
The previous speaker talked about the go-go car service.
I have an elderly neighbor who also is very upset
about the change in what happened
with the go-go grandma car service
and that not being available anymore.
And I also wanna say that the parking,
the new parking program is very unfriendly
to the people who own cars in Berkeley
and it's very unwelcoming to people
who are gonna be visiting Berkeley.
Thank you.
Okay, thank you.
Next is Russell Bates.
Hi everybody, Russell Beitz here.
I'm a little bit irritated at a lot of things.
The ICE in Berkeley at the same time, the proposal for increased use of tear gas and
pepper spray.
Somebody have inside information there of something's going on, the same people that
are calling for militarization, the police, also the ones in the form of genocide going
on in Gaza and Lebanon and that area, you need to remember that as the empire crumbles,
the middle class is going to be shrinking, the working class is pissed off, and the ruling
class is going to become much more oppressive than it is already.
Please do not be part of the ruling class.
Be part of the working class.
The tradition at Berkeley is working class.
Make sure you stay working class.
you very much. Thanks Russell. Next is Makai Freeman. Should be there you go. Okay. Good
Then the council members, I'm here tonight to ask as I ask,
who may have asked me to speak.
To talk about what the district needs and deaths
suspect and will second more,
age of seniors and children with disabilities.
I asked that meeting. I also went to express deep concern, the mystery like nationalization
or a sea. I wasn't alive when dogs are sick and watching me learn. People just downstream
the dating classes, the unit setting, and of course, our personal rights which would be subjected to dogs and chemical weapons, and keep sharing about them for casualties.
and to see that it is being discussed and considered for this.
It is astounding.
As you don't go down this road,
we don't need it. Thank you.
Thank you.
Thank you.
Next is Kelly Hammergren.
Thank you. I hope you don't consider this cheating when there were only four hands.
I really appreciated the recognition of disability pride month.
I'd like to ask that,
does this mean tomorrow at the fights,
we will finally have a resolution to
the Commission on Disability asking for contracts in the city of Berkeley to abide
by pro-wag, which stands for Public Right-of-Way
Accessibility Guidelines.
They've been waiting for over a year for results and resolution
on this item.
And I think it's important that we start
considering disability rights if we're
going to celebrate disability months.
And we also need to look at floating islands
in the Burke plan.
Thanks, Kelly.
Bike plan, thank you.
That's it, there's no more hands raised.
Thank you.
All right, thank you everyone.
All right, we are now moving on to the consent calendar.
I believe we need to vote to approve the addition
of the supplemental agenda material.
Did you want to say anything about it, council member?
Sure this is in relation to item number 20,
Reliquishment of Council Office Budget Funds
for the raising the next generation
of student advocates arise program.
And this just adds a resolution
and co-sponsors Mayor Adina Ishii and Council Member Bartlett.
Thank you very much.
Is there a motion to add this to the agenda?
I move.
Second.
Can we take the roll on that please?
Okay, to accept supplemental three material
on item number 20, council member Kesser-Wani.
Yes.
Tap one. Yes.
Bartlett. Yes.
Traga. Aye.
O'Keefe. Yes.
Black. Yes.
Unipara. Yes.
Humber. Yes.
And Mayor Ishi.
Yes. Okay, motion carries.
Okay, thank you very much.
Are there any council member comments
for this consent calendar?
Sorry, I know our parliamentarian's been on the fritz today,
so feel free to wave at me if anyone has comments.
Yeah, go ahead Council Member Leno Para.
I wanted to thank the city manager and his team
for the appointment of the Director of Public Works
and I am excited to welcome Jamie Parks
to the city of Berkeley.
Thank you so much for the process
and I'm really, really excited.
I also would like to donate $200 for my discretionary
budget to items 18 and 20
and thank the authors for bringing them forward, thanks.
Okay, anyone else?
Yes, Council Member Bartlett.
Thank you.
I'd like to turn $250 to item 20, the RISE program.
Thank you Council Member Tregob.
And the birthday brown memorial gathering
and hunger program recognition is a really special event.
As we know hunger is on the rise in our area.
People are now selling food in the streets
and the food shocks will be coming on greater
and greater waves very soon due to the shortage
of fertilizer due to the war.
So keep hunger on your mind.
Thank you.
Thank you very much.
Council Member Taplin.
I see your hand raised and then Council Member Trachow.
Thank you very much.
On items 18 and 20, I'd like to relinquish $150 each
Thank you.
Thank you very much.
Council Member Tracob.
Thank you, Madam Mayor.
I would like to, first of all,
extend my sincere gratitude to our city clerk
and his team for all the work they've done
to facilitate the placement of initiatives
onto the ballot and all of the appointments as well
that they're helping to facilitate.
I would like to welcome our new Director
of Public Works, Jamie Parks.
We heard many great things about him
from our neighbors in Oakland
and are looking forward to working with him.
And I want to take a moment to acknowledge
and to express my profound gratitude,
our profound gratitude to Director Bahid Amiri
for his extraordinary service to our community.
every time our constituents reach out to us
was simple or complex requests.
He's a trusted and impressively responsive colleague.
Waheed and his team and my staff's experience
are always looking for solutions.
And this approach is truly refreshing
and welcomed in this area and in government in general.
And even on tonight's agenda,
we are proving many items that were brought to us
by Director Amiri and his team.
So thank you so much for your work.
I would like to contribute $150 on item 18.
Thank you, Council Member Bartlett, for authoring this item.
I would like to thank my colleagues
for their contributions towards item 20,
the Supporting the Rise program.
I attended a Berkeley High School rise graduation.
I think last month, and I was deeply moved
by that experience.
And lastly, I want to thank my colleagues
for considering support for item 19,
which would be to adopt a position of opposing ACA 22,
which is the California two-thirds,
um vote requirement for special taxes um while we appreciate all the hard work that our state
legislators put into repealing a much more extreme uh howard jarvis uh supported initiative
which would have reporectively voided local taxes and restricted charter city real estate
transfer taxes from the upcoming ballots aca 22 if passed uh will still have compounding
negative impacts on the financial well-being
of California cities, including ours.
And so we are,
we as a city of Berkeley,
if we pass this tonight,
would be one of the first local jurisdictions
in the state to do so.
And I think it's very important to send a clear
and unambiguous message of our opposition
for this door quality and ballot measure.
Thank you.
Thank you very much, council member.
Council member Kesawani,
and then we'll go to Vice Mayor O'Keefe,
and then council member Humbert.
Okay, thank you very much, Madam Mayor.
I'd like to be recorded as donating $100 to item 18,
the birth of Brown Community Memorial Gathering,
and $100 for the RISE program, item number 20.
Thank you.
Thank you.
Okay, Vice Mayor O'Keefe.
I totally forgot it was the vice mayor.
Thank you for reminding me.
Okay, I want to donate $250
to the Bertha Brown Community Memorial Gathering.
Thank you very much.
Sounds like a great program.
And also 250 to the RISE program item.
I've had many students involved in the RISE program
and I'm very happy to support it.
So thank you for bringing that item.
And then I just want to also just add,
I think council member Tregoop said it really well.
I just really want to add my gratitude.
I want to first welcome Director Parks
and also really just honor and thank Acting Director Amiri
for the amazing job he did.
He really stepped into a huge position
and really did a great job.
It's an incredibly important position
and he really nailed it.
So I just, so much gratitude to him.
And once again, welcome Director Parks.
Thank you very much, Council Member Humbert.
Thank you, Madam Mayor, and first I want to associate myself
and underline both the comments of Council Member Turigob
and Vice Mayor O'Keeffe about our wonderful,
incredibly knowledgeable, incredibly responsive,
interim Public Works Director, Wahida Miri.
He's just an amazing, amazing public servant.
I really appreciate the work that he has done and is doing.
with respect to number 18,
the Birth of Brown Community Memorial Gathering,
I'd like to contribute $150 from our office account.
And then item 20, which is the RISE program,
$100 from our office account, thank you.
Thank you very much.
Yes, Council Member Blackaby.
Thanks, Madam Mayor.
A couple of quick things.
I just want to thank you on item six
for your appointment of the new member of the PAB.
And actually, there's two items.
There's the new member, and then also appointment
of alternate member.
I think this might be the first time the board's also
had its required alternate member.
So it's not only are we going to be at a full complement,
but if someone is out, we actually
have an alternate member to step in.
So just appreciate the effort that everybody's
made to kind of bring the board up to full strength.
I want to echo everyone's comments.
Welcoming Jamie Parks.
I look forward to working with him
as our new Director of Public Works
and thanking Mr. Amiri for all of his amazing work.
Marin Avenue and so many other projects in District Six
have benefited from his expertise
and we look forward to his continued work together
here for the city and thank him for his interim leadership.
On item 18, please mark our office down for $250
for the Birth of Brown Community Memorial Gathering
and also on item 20, $250 for the RISE program.
I also just wanted to comment very briefly on item 15,
something that we kind of skim over often
and kind of our look at the consent calendar.
This is a contract for after hours answering services.
Just a comment, and this is an issue
that Council Member O'Keefe and I
and many others have been looking at is,
as a city, how do we continue to look for opportunities
to use technology in more effective ways,
looking at pilots where we can try very targeted uses
of AI to automate certain workflows.
I think this area after hours call service,
it's an outsourced service.
It does not affect any city staff.
It's fundamentally about routing calls
that come in after hours to the right person.
This feels like the perfect candidate
for a place to try piloting some AI technology.
I want to acknowledge that the city manager
and I had a conversation.
he was very open and willing to take a look at this.
The contract is for three years,
but it's structured in such a way
that if we were to pilot something,
we could exit the contract early.
And so I'm just excited that this might be one place
where we could start to try this.
And as a city, I think, from a cost savings perspective,
from an improvement of customer service perspective,
we need to be looking at any and all
of these sorts of possibilities.
And I just wanna thank the city manager
for being willing to have that conversation
being interested in taking a look at maybe this is something that we do, and any support
that we could provide obviously as a body to encourage I think the city to make some
initial steps and tests and pilots and investments because this is certainly the way things are
moving and to sort of continue delivering effective service at a time where we are seeing
more and more budget pressures, I think we're going to need to look for this kind of creative
solution. And so again normally it's an item that would kind of we would pass by
but I did just want to highlight it because I think it's an area where we
can really do some interesting work and try some new things. So with that that's
it for now. Thank you. Thank you so much. I also wanted to welcome Director Parks
who will be our public works director and thank of course our interim
director Amiri as well for all of his work. I also wanted to acknowledge that
There are three citizen-led initiatives
on our consent calendar tonight,
and I know folks worked really hard
to gather thousands of Berkeley signatures
to qualify for these ballot measures.
We have a parcel tax for the art institutions,
a parcel tax supporting a public bank,
and a measure to add two cents per ounce
to sugar-sweetened beverages.
And I also am really thrilled to be appointing
Yasmina Vitashkeech as my appointee
to the police accountability board.
She's thoughtful, balanced, community-centered,
and has experience with investigations.
I'm eager for her to bring her perspective
to the PAB's work, and I know that she will serve
with an open mind and a commitment
to institutional accountability.
I'm also very happy to be bringing forward
Pastor Dwayne Phillips as our alternate for the PAB
with a confirmation of these two people.
We are one step closer to having
a full police accountability board.
Councilmember Tapplin's appointee will be coming forward
to the council at the next meeting
to round out our outstanding vacancies.
I also, I wasn't sure if it was, we were listed already,
so $100 for item number 18 as well, Council Member Bartlett.
Okay, thank you very much.
Do we have any comments on consent calendar
or information items?
Yeah.
I'm sorry, did you relinquish for, did you mention?
Sorry, $100 for 18.
$200 for 18.
100, 100.
100 free.
Sorry, yes, we are now after the budget cuts
doing $100 per, so.
And I do have, just so you know, Mr. City Clerk,
the comment I'm supposed to make before we vote, so.
Okay.
Okay, yes.
So please come on up if you have any comments
on consent calendar or information items only.
Come on up, Kelly.
Okay, so I wanted to comment on the order
for the Tour Star, Incorporated.
These are the little, the parking cards.
And evidently, we don't have enough charging
at 125, 127 University
in order to get the battery operated carts.
I remember when this came around the last time
for battery operated carts a number of years ago
before most of you were here.
And I'm just wondering,
is this the best we can do in Berkeley?
Can't we find another place to charge these carts
so that we don't have to do more gas carts
and we can keep our commitment to going electric.
it just seems like we should be able to do better.
And so I would ask that we take a hard look.
Of course, most of us here in the city
would be happy if we didn't have carts for a while.
But anyway, that's my request.
Thank you.
Thank you, Kelly.
Hi.
Hello, my name is Adriana Bethe.
I am the executive director of RISE.
I want to thank the council member, Igor,
especially for putting this on the ballot
and for attending our graduation.
and I hope you got the article from the jacket.
And thank you also for contributing to our program.
As you know, Berkeley High,
I mean RISE is housed on the Berkeley High campus.
It was actually founded in 1976
by youth that were seeking educational equity.
One of those students was Calvin Fong
who worked for the mayor's office, the late Calvin Fong.
And so we do want to remember him
in every piece of work that we do.
So by supporting us, you are also having his efforts
live on in our kids that are still trying
to do the same thing.
Every year, we have a graduation that's put on
by donations and student fundraising,
and just the food alone was 1,950.
The food was cooked by a 2023 Berkeley High graduate.
We had 28 graduates this year.
Three of them went on to, well,
one went to the University of Indiana,
one went to the American University of Paris,
and one to the University of San Francisco.
Can I finish this with that?
Sorry, can we get a minute?
Yes, thank you.
Go ahead. Thank you.
Seven of them went on to UC systems.
Two of them went on to state colleges.
15 of them went on to junior colleges.
In other words, all 28 are going on.
One went on to Rising Sense Trade School.
So all 28 are engaged in post-secondary.
Six of them received the High Hope scholarships,
11 of them received the First Step scholarships,
and all of them at various colleges
either got a number of different scholarships or full rides.
We do have a girl that was kicked out
and homeless at the end of the school year,
and she got a full ride at Northridge.
So just wanted to say that.
Just one other thing I'd like to say,
just attended a graduation in May.
My student who was homeless,
I'm getting abused living on the street,
just graduated and became a doctor
and is gonna be doing her residency
at Marshall's University in West Virginia.
So thank you for your help.
Thank you so much, Miss Betty.
Thank you for bringing that wonderful news to us.
Yes.
Good evening, Madam Mayor, members of the council.
My name is Sean Dugar.
I am a Berkeley native whose family has been in the city
since 1919.
In that 100 plus year history, we
have seen the city of Berkeley, the voters of Berkeley,
continue to make history, continue
to push forward a progressive agenda.
And we have an opportunity to do that this November again
with setting up a fund that will create a public bank here
in the East Bay, a public bank that
would allow for us to not be as dependent on Washington, DC,
not be as dependent on Wall Street
to invest in our communities, but instead
be able to invest in green energy and infrastructure,
in affordable housing and workforce housing,
and to support small businesses.
So I want to thank the members of this council who have been supportive,
this entire body that has supported public banks here in the East Bay in the
past and onward to November. Thank you all.
Thank you, Sean.
2. Parcel Tax to Fund Arts Institutions
Uh, good evening. My name's Tom Parrish and I am a member of the Berkeley Arts
coalition and a resident of district five. Um,
I'm here to speak about the 2026 Berkeley arts and creative economy rescue and
sustainability measure.
Berkeleyans understand that the arts are not a luxury.
They are important civic infrastructure.
Just as we invest in our schools, our libraries,
and our parks because they strengthen our community,
we must also invest in the artists
and cultural organizations that define who we are,
build community cohesion,
and provide lifelong learning opportunities.
Last summer, 93% of Berkeley voters polled
agreed that arts and culture are a critical part
of what makes Berkeley a special place to live,
and this ballot measure gives those values meaningful action.
This measure will generate more than $6 million annually
to support nonprofit theaters, music and dance organizations,
museums, community festivals, and individual artists,
and expand arts education, free community events,
and preserve cultural spaces.
Thank you. Thank you.
Thanks so much, Tom.
Hello, good evening.
My name is David Mayer.
I'm the founder and CEO of the UC Theater.
I'm here also in support of the Save the Arts measure,
and it's not only investing in the quality of life
in Berkeley, but it's also investing in something
that also gives a return, not just a cultural return,
but a financial return.
Performing arts, theaters, and music venues
are both primary and secondary revenue generators
and primary and secondary job generators.
For example, every ticket that's sold at the UC Theater
generates 14 to $16 in the community.
So for every 100,000 tickets sold,
that's 1.4 to 1.6 million in surrounding businesses.
And in addition to that, the jobs that we create
are not only in our venue, but the secondary jobs
in the businesses surrounding us.
So I think it's important to look at it
from not only just a cultural standpoint,
but also for economic.
The city of Berkeley also did a creative economy study
on the creative economy in Berkeley.
And that's where we'll take a look at,
underscores that as well.
Thank you.
Good evening, Mayor, Council Members,
and members of the community.
My name is John Mario Sevilla.
I'm the Director of Development and Operations
at Luna Dance and Creativity.
I'm here to express also my strong support
for the Berkeley Arts Measure.
For 30 years, Luna has brought creativity, equity,
and community to children's lives through dance.
So I'm speaking about the educational impact
this measure. Last year we served 731 educators and artists and reaching more than 50,000 children,
6,000 with disabilities and special needs. The arts are essential to learning, belonging and
building vibrant communities. Berkeley's support has already established our AEDA accessible
community dance center, expanding opportunities for children and people of all of all abilities.
At a time when federal and state arts funding is in sharp decline, this measure is an investment
in our children, our local economy, and Berkeley's identity as a city where creativity and learning
thrive. Thank you so much. My name is Glenn Turner. I ran on the Green Party ticket for state
treasurer and one of my platforms was a public bank and I've been tabling for them 10 years ago
at farmer's markets and I'm so excited that it got on the ballot. I had, I was,
I was so disappointed at the turnout of number of signatures I thought it had not gotten on
the ballot but now I'm just thrilled that we will actually be the first public bank,
East Bay public bank in California and it, it's a, it will be a bonus to us. This is
Exciting. I just had to say how happy I am. Thank you. Thank you
I've been gifted with the possibility of a second minute from Steve
Council members, I want to sorry Steve. Yeah. Okay. Just fine. Sure. Okay
Council members, I want to
Express my excitement about that possibility of a full PAB
excuse me, and hopefully my council member will also
nominate someone from district two to serve.
But I guess what I heard in your previous meeting,
I heard you express that some members of the community
are just kind of anti-police
and are just oppositional in that way.
And what I want to get under that,
because I don't hate any police.
I am critical of policing in our city how the way that it is conducted, and this has
been a long struggle that far precedes your presence on the council for some of you.
But the idea is that it's called care, not cops, and it's a whole philosophical difference
that I hope the new members of the PAB will understand.
It's not about hate, it's about deep love.
It's about care.
It's about offering people things like a place to sleep instead of a dog bite.
It's really fundamental.
I'm asking, where is our warming?
Is it economically wise to eliminate warming centers from our budget and yet consider mass
surveillance proposals?
How much will you spend litigating these things?
How happy will it make us?
It's about, this is our community, we love it.
And we want you to care for it in a way that collaborates
with what we're expressing to you.
And it really is a heartbreaker to see the proposal
after proposal in full retreat from the high aspirations
you've expressed a few years ago.
And so we are saying we want to go back there.
Thanks Andrea.
That woman always explores me.
She speaks the truth in such a bottom line way
because Mayor you brought it up with the disability thing.
SRI respect, include and support.
It is a fundamental point of view
that together we can, we need more interaction.
We need as a community to know that we keep ourselves safe.
And I'm definitely in support of the public bank,
police accountability, I love the police.
If they would do their job with heart and care,
and if we would prevent harm,
I just saw a man surrounded by three police cars.
He didn't need that, he needed help.
He needed help and we're not providing enough help.
Okay, elevators please, I really support that
because elevators are falling apart and people get hurt.
And if you're going to buy new parking enforcement vehicles,
please resell the old so that we can use them
in the community, thank you.
Thanks, Mayor.
Carol Marassovic, first, I wanna support
the City Auditor's comments regarding public banks
and her need for additional auditors to do that job.
Second, I wanna support the comments that were made
regarding Wahida Mary, he was great, he was professional,
he was a great communicator and he brought a lot of expertise and he's just was just excellent.
Third, I want to address that number eight, the capacity building.
I was hoping there would be some relationship to Bendix and curing the racial disparities and
gender disparities and building that type of capacity.
Last, I want to comment on the comments about AI that have been made,
which is to state that there were also as a downside to AI.
Just today, I received a couple different emails
related to negative aspects of AI.
For example, the University of Chicago
has law schools banned tech.
Thanks. Thank you.
Carol, did you want a minute?
Someone from the audience is giving you a minute.
Thank you.
I was hoping to read some of the comments,
but suddenly my phone went down on that
from an AI and that was basically to sum it up,
it was talking about the human aspect
and that people want the human aspect.
And this has been, I am so sorry,
this has just gone down on my phone,
but that you can't replace the human aspect
and we have to remember that AI may seem very efficient,
but there is that, okay, here goes.
One line from the strategy stood out.
They write that many aspects of legal practice
will remain the domain of humans,
not merely because humans are good at them,
but because clients, employers, judges, and society
will want humans to perform them.
That is a different argument that AI can't do this yet.
It's saying that even when AI can do something,
people will still want a human doing that.
Whether it is, and I'm gonna go to the next paragraph,
but we still want humans to do,
and whether we are building the conditions,
So Carol, thank you, good times up.
Thank you.
Thank you.
Thanks so much, Carol.
I have some comments online.
Yes, first speaker is Ben Gerhardstein.
Good evening, Mayor and Council, Ben Gerhardstein
with Walkway Berkeley calling in this evening
to appreciate the hard work that the city manager's office
did and that y'all did in recruiting
and ideally hiring Jamie Parks
for public works director, Walker Berkeley
is thrilled with his appointment.
Jamie has the background that the city needs right now
to really advance our work,
to make our streets safe, accessible and smooth for all.
And we're excited to bring him on board
and get to work with him.
So great to hear so much support across council
for this appointment and onward.
Thank you, Ben.
Next is Martin.
Our City Council, this is Martin Bourke.
I'm the Executive Director at the Ecology Center.
Of the many community benefits
that the Ecology Center brings to Berkeley,
we were the anchor organization
for the 2014 Berkeley versus Big Soda,
Soda Tax Ballot Measure.
And we are excited to announce
that we gathered over 5,000 signatures this,
Oh Martin, you cut out. Martin? I can't hear you. All right. Move on to the next. Next
is Jeff Lomax. Good evening Council regarding item three. I would encourage you to use your
authority under this item to oppose the bank tax. Some of you have already stated opposition
to the measure as written and that is correct. It's a hundred percent financed by the citizens
of Berkeley during a time when you're struggling with a $30 million deficit, with no guarantees
that any of the parcel tax will be spent in Berkeley.
Funds will go to Richmond, funds will go to Oakland, but there's zero guarantee any funds
will be spent in Berkeley.
And then there are unprecedented inflators on this, mandatory inflators.
This is unprecedented.
It takes away your authority to uphold your fiduciary responsibility to the citizens
of Berkeley. Your own $50,000 study shows that the financials underpinnings of this
proposal are quite shaky. Use your authority to oppose this measure until it is done in
a responsible and fiduciary responsible way to your constituents. Thank you.
Next is Jill. Thank you. Hello and good evening, mayor and
council members. My name is Jill Randall. I'm a longtime South Berkeley resident and
artist, currently the Co-Artistic Director of 68-year-old Shawl Anderson Dance Center.
During my time over the years on the Berkeley Cultural Trust, including two years chairing it,
I worked with colleagues and council to help increase the civic arts budget. We've tried
numerous strategies over the years, including the Airbnb tax and the idea of a cannabis tax,
and there were many years where we worked together to incrementally increase the budget.
The arts measure about the parcel tax will literally be a life-changing opportunity
for arts in Berkeley. Vital, uplifting, capacity building, sustainability, and longevity.
Out of all of the ideas we have brainstormed over the last decade, dreamed and vetted,
this is it. Thank you for putting it on the ballot this fall. Thank you Jill. Next is former council
councilmember Cheryl Davila can I get a minute or two from people in the audience um there's
a minute over here oh and someone in the back so you have three minutes thank you um yeah so
district one council member and all the other people that are on this item should be ashamed
We do not need to give air support, canines.
Cheryl, we're actually on consent calendar
and information items only.
Okay, so we'll go to the next speaker.
Did you have other comments that are on the consent calendar
or information items?
Yes, I do.
May I continue?
Yes, go ahead.
I don't think any of these tax measures
going to go through. People are tired of paying Berkeley for things, and what do they get out of
it? There's Curtis streets not paved. I agree with the public banking and the sugar tax, yeah.
But there's a lot of other things that people are really disappointed in, and
You know, I don't feel like the people that I've talked to, which I talk to a lot of people that live in Berkeley, um,
District 2 and beyond that aren't happy with how things are going in Berkeley. They don't want to pay any more money.
They don't feel like when they do pay more money that the money gets used when the way it's supposed to be used
and they are very disappointed.
Um, so it's, you know, it's interesting. We'll see how that works out. Um, and also, you know,
a lot of these, um, people that I talked to are really disappointed in how you're treating our
unhoused people with, um, evictions and all that, all the stress that you're putting on them when
you do these things and they're not happy and it's not okay.
They don't have, you're not giving alternatives, you're not talking to them and trying to get
to know them and trying to help them with whatever issue that they have that keeps them
from being housed.
You need to have a universal income to actually support folks to be housed that can't actually
afford to be housed or need a little extra boost.
You need to be doing more to help people,
to help your constituents, and you need to listen
to your constituents and pay attention to your constituents.
And I don't recall seeing any of you there for
the honorable, wonderful man that passed away,
Carl Anthony, which happened this past weekend. They had a memorial for him.
Another person that passed away is Bailey. Bailey was a person in Berkeley that has been
here for quite some time. He's an icon and a staple to the telegraph area, a musician.
He worked at the Berkeley Square and, you know, played at Larry Blake's, and Rest in Peace,
Rest in Power, Carl Anthony, Rest in Peace, Rest in Power, Bailey, Pendergrass.
Next is Public Bank East Bay.
Thank you. My name is Debbie Notkin. I chair the Friends of the Public Bank East Bay.
I will try to be as quick as I can. I, first of all, want to say that we completely support
the city auditor's request for more resources, and I'm very glad that she spoke up about it.
Second, I want to say that the very clear intent of the measure is to – if the bulk of the funds
come from Berkeley, the bank will prioritize Berkeley in every possible and legal way.
And thirdly, I just want to say that this is, as one of the gentlemen who spoke about the arts
measure said, this is in the medium term a way to bring success, not just success, but actual cash
to the city. And it is for the benefit of Berkeley and the surrounding area. But the,
but Berkeley stepping up, we are incredibly grateful. And thank you. Thanks so much for your comment.
I think that was our final comment online so I did just want to add one more thing that I'm
supposed to say before we approve our consent calendar this evening which is that pursuant
to state law we are verbally disclosing our action on public agency executive salaries the council
will vote to adopt a resolution confirming the appointment of James Jamie Parks as the director
of police account excuse me sorry we were we've been talking about police accountability all day
as the director of public works to be effective august 17th 2026 at an annual salary of 270 000
all right is there a motion to approve the consent calendar so second all right can we
take the role in that please okay to approve the consent calendar councilmember kesser wanting yes
Yes.
Bartlett.
Yes.
Traggub.
Aye.
O'Keefe.
Yes.
Blackaby.
Yes.
Unapara.
Yes.
Humber.
Yes.
And Maryishi.
Yes.
Okay.
Motion carries.
Very good.
Thank you all so much.
Okay.
Moving on to our action calendar.
We are moving on to item 21, which is lease agreement, International Child Resource Institute,
for 125 to 127 University Avenue office space
from our city manager?
Thank you, Madam Mayor.
We don't have a presentation today,
but if people have questions, we're available.
Thank you, are there any questions on this item?
Okay, seeing none, is there any public comments
on this item?
This is for item number 21,
lease agreement with the International
Child Resource Institute.
Anybody online?
Excuse me.
No, no, no raise hands.
We can close the public hearing if you would.
All right.
Okay, is there a motion to close the public hearing?
So moved.
Second.
Can we take the roll on that, please?
Okay, to close the public hearing,
Councilmember Kesser-Wani.
Yes.
Taplin.
Yes.
Bartlett.
Yes.
Traga.
Aye.
Okey.
Yes.
Blackavy.
Yes.
Unapara.
Yes.
Humber.
Yes.
And Maryishi.
Yes.
Okay.
That's a motion.
The motion carries.
All right.
That's the first.
I should say.
I moved to approve the lease.
Thank you.
Is there a second?
Second.
Can we take the role in that, please?
Okay.
To approve the lease agreement.
Councilmember Kesserwani.
Yes.
Tap.
Yes.
Bartlett.
Yes.
Traga.
Aye.
Okey.
Yes.
Blackaby.
Yes.
Unapara.
Yes.
Humbert.
Yes.
And Maryishi.
the city of the city of the
the Dark Skies Initiative that is good for our environment
and insects and birds and nature.
That when we do our street lighting,
can we do our street lighting
so we're not having big lights at three stories up
above the tree canopy that we bring them down.
And again, followed Dark Skies Initiative
and try to make Berkeley the kind of city
where we support nature.
So I'm not opposing the tax.
I'm just asking that we spend it differently
to help our environment.
Thank you.
And you could take a trip out to the Oakland airport
and see how the lighting there on the driveway after dark
is low, it's not way up in the sky.
So I think we can do better with our lighting here.
Thank you.
Thank you Kelly, Maria.
I still can't grow.
All right.
With regard to street lighting,
it's more for me, the street crossings.
And low is good.
LED is great, or solar.
But, oh my God, I can't see people dressed in black
stepping out in front of my car because they can.
expecting me to stop, or bicycles, or scooters,
or women with strollers, street crossings,
or in between parks, you know,
where people are walking their dogs.
This wouldn't and shouldn't be cost prohibitive
if we don't have an exploitive, you know,
charging too much money for this.
This could be reasonable, and it could be ecological,
and it certainly would keep me from getting more gray hairs
because I don't want to hurt anyone.
So thank you.
Thanks Maria.
Any public comment on this item online?
There's no hands raised online, no.
Okay, thank you very much.
Coming back here to our council member colleagues,
are there any comments?
Is there a motion to close the public hearing?
So moved.
Second.
Can we take the roll on that please?
Okay, to close the public hearing on item 22,
council member Kisarwani?
Yes.
Taplan? Yes.
Bartlett? Yes.
Traver? Hi.
O'Kee? Yes.
Lackey? Yes.
Lunapara? Yes.
Humber? Yes.
And Mary Ishii? Yes.
Okay, motion carries, public hearing is closed.
Okay, thank you very much.
Any other comments?
Just wanted to double check, okay.
All right, is there a motion to approve?
Move approval.
All right, is there a second?
Second.
Okay, can we take the roll on that, please?
Okay, to approve the levy and collection
of fiscal year 2027 street lighting assessments.
Council member Kessner-Wani.
Yes.
Tapplin.
Yes.
Bartlett.
Yes.
Tragov.
I.
O'Kee.
Yes.
Blackaby.
Yes.
Lunapara.
Yes.
Humber.
Yes.
And Mayor Ichi.
Yes.
Okay, motion carries.
Okay, very good.
I just want to check in with my council colleagues.
Should we move on or do folks want to take a quick 10-minute stretch break?
Yeah, let's take a quick 10-minute stretch break and we'll come back.
Thank you.
Recording stopped.
I just need to turn or something.
Okay, so I'm so happy that someone's fine.
When you're happy Carol, we're all happy.
I'm going to turn it over to the.
There, you will notice there is an A and a B.
That is because the Peace and Justice Commission
submitted an item that was relevant to item 23A,
so there's a B, and similarly we have for item 24,
there is an A and a B, and again,
that B is the, is a recommendation
from the Peace and Justice Commission.
And so these are our four remaining items this evening,
But again, they have parts A and part B.
And for both of these items,
we have BPD here to answer any questions that we have.
And so hopefully in a minute,
we will have our council member come out
and present item number 23.
Perhaps in the meantime,
do you want to just introduce yourselves?
Absolutely, good evening.
So I'm joined this evening
I'm with Deputy Chief Jen Tate and Captain Okies.
So DC Tate oversees our policy and training division as part of her duties.
Captain Okies is our operations captain who oversees both our patrol responses as well
as our special response team or SRT.
So both of them have extensive experience in use of force policy, training, managing
critical incidents and they were our departmental leads on working with the council member on
specific policy language so they'll take the lead on answering questions tonight.
Thank you very much. Okay I'm gonna just run back there and see if I can, okay.
Why is this PAV? Have these more chairs? Should the police accountability board be up there too?
Folks just give us a minute while we wait for our council members to return.
Okay, so we are moving on to item number 23A, which is resolution rescinding resolution
number 51,408NS, restricting the use of air support and K9 units and updating mutual aid
policies.
And I will pass it over to Councilmember Kessarwani to present.
Thank you very much, Madam Mayor.
I want to thank the police chief and members of the public who were able to provide input
on this item at the Public Safety Policy Committee earlier this year.
I want to thank the council members who serve on that committee, Council Member O'Keefe
and Chair Blackaby, and we're bringing this item forward tonight because it modernizes
a 1982 resolution that governs when Berkeley Police can request helicopter and canine support
through mutual aid. The 44-year-old policy was written in a different era and its restrictions
no longer reflect current operational realities or best practices. The existing approval process,
which routes through the city manager before a resource can be deployed, can consume 20 to
30 minutes, an incidence where every minute matters, a child who is missing, a
violent fleeing felon, a suspicious device that needs explosives detection.
In the years that this policy has been in place the city manager to our
knowledge has never denied a request from the chief. What we are doing here is
replacing a procedural delay that doesn't change outcomes with watch
the city's city's city's city.
We are also updating the list of authorized uses to reflect modern policing practice. You can imagine a resolution from 1982 does not reflect that.
And I think that's what it's
going to look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
And that's what it's going to
look like.
the city of Davis. So I'm not
involving a weapon likely to cause serious bodily injury.
Flight from an officer absent an independent justification under this section.
Thefts that escalate to robbery solely from a suspect's resistance to the victim's
effort to stop the theft.
Absent use of a weapon or actions causing great bodily injury.
Stolen vehicle incidents involving a named suspect or
that are civil in nature or crowd control.
that continues to be a prohibited use.
And could you speak to the authorized uses, please?
Because I actually feel that this is where
a lot of people have concerns.
Okay, the authorized deployments.
So that's paragraphs A and B.
I can read those out.
Authorized deployments involving suspected,
involving suspect apprehension.
Canine teams may be deployed to locate or apprehend
suspect when any of the following is true. The suspect is wanted for a violent
felony. There is a reasonable belief that the suspect possesses a weapon
likely to cause serious bodily injury. The suspect is wanted in connection
with a residential burglary or the deployment support service of a warrant
on a subject who is wanted for a violent felony has a documented history of
violent offenses, has a documented history involving firearms, or has a documented history
of felony evasion, or physical assault against law enforcement.
Thank you.
And council member, can you speak to why it's residential burglary only as opposed to commercial
and residential burglary or just burglary?
I'm not sure I'm going to go to
the next slide. I'm not sure I'm going to go to the next slide.
I'm not sure I'm going to go to the next slide.
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the city of the city of the
that in a residence, that's where you have your expectation of privacy.
That is your home, your calling.
There's someone breaking in in that moment, as opposed to a commercial burglary in
the middle of the night, just for comparison, where there may be no occupants.
I see what you mean.
And I guess my thought is that for the commercial burglary, there could also be
people on site and also potentially customers.
So I was just curious about that.
And then also, maybe a point of clarification, too.
So typically, in order for it to be a burglary in that sense,
it's going to be a closed business.
So commercial burglary is something that's closed
and there's not people there.
The idea being that if someone has
broken into a home where there are possible people inside
and then flees, that is somebody who
has shown a willingness to engage
with people in the commission of their crime.
It makes it more serious.
And so apprehending someone that would break into someone's home
while they were in it is something
that we are very serious about trying to locate that person.
Thank you.
And then also, DC Tater, or any of you,
if you could also just speak to how does using,
how do canines actually apprehend someone
who's burglarizing?
I think when we think of dogs,
we're thinking of, you know, they're grabbing someone,
pulling them to the ground, that kind of thing.
But it would be helpful to understand that better.
If folks, please, just, if you could please
keep your comments to the comment period.
I know you're very passionate about these issues,
and I want to make sure that we can hear all the answers
to our questions, so thank you, go ahead.
So there's a number of ways that canines can be used
under current practices.
Canines are frequently used with a lead or under a leash,
and they're used, they have alert canines.
So canines that are not trained to bite,
but they're trained to alert, and so in a circumstance
where they're doing a search of a residential residence,
looking for a burglary suspect,
there are instances where a canine might be deployed
with a handler that would alert the handler
that there is someone in a room concealed in a room,
which then allows officers to safely from a distance
call that person out rather than entering the room
in that residential burglary.
And so just to clarify, would that be the cases
in which we'd use it, or would there be instances
in which the dog could also attack the person as well?
So it depends on the training of the dog
in the policies of the department
that's bringing the dog in,
but typically for a residential burglary,
the anticipated use would be for,
just to alert that there's something there,
absent the other elements listed in the policy,
armed history violence, those kinds of things
that are specifically enumerated in the policy.
Thank you.
And then could you also speak to the implication
of removing the requirement that the suspect
is in a controlled, this is a quote,
suspect is in a controlled contained area
and there are no known occupants of the area
other than the suspect.
How, can you speak to how you would protect bystanders
who could be in the area?
Sure, so again, practices around canine use
have changed substantially over the years
and what is more common now is that canines
are placed on a lead or a leash
and that the handler is controlling the canine
And so, unlike in years past where they would release a canine without being on a lead all
the time, now they have options.
They've trained the canine to work in different capacities, and one of those capacities is
under the control of a leash.
And so, therefore, that would mitigate the risk of if there were other people potentially
in an environment, the canine would be on a leash and not necessarily be in contact
with them.
I guess my concern there though is that if we've removed the part where the
requirement that the suspect is in a controlled contained area and we're not
specifically saying that that we would release a dog only if they are in a
controlled contained area then then that would kind of take away that sort of
protection so I maybe it was a policy decision to remove it I'm not sure if
maybe I should ask the council member are you able to address that council
members. I can also provide a little feedback on that. We talked through this
a little bit as well at PSBC and part of that is it's a limiting factor and if
you're thinking of an open area where you have a wanted suspect who has
committed crime with a gun or you know a dangerous felon in an open area it would
be basically disqualifying if we limit it to that.
Whereas Captain Oakes was discussing,
if you have someone, a couple dog handlers who have a canine on a lead,
then that would open that up for possibility for us to use a canine in
that circumstance rather than having officers go out and hand check the area.
Thank you. Council member, did you want to address?
I think that that's correct.
I'm looking at the 1982 version of this, that limited this to just use in a controlled and contained area, but to your point, in terms of a modern use and how we might expect a suspect to move that we did change that to make this more workable for the modern policing strategy.
I don't know if you'd like to
get into that in terms of
policing strategy.
Yeah, and I guess someone who
has three dogs that are very
not threatening looking.
I mean, I know that also there
are many people, especially
children who can be very afraid
when, you know, dogs are off
leash, especially if it's like
a police dog.
And so I think, you know, I have
a lot of concerns about that.
Not only, of course, the safety
safe around that and so okay I I think those are my questions for the moment to
yes councilmember Blackaby questions. Thank you just want to confirm current
use like canine support and air support is currently available already we we
currently use those sources. That's correct. We get them from external
agencies that we partner with?
Yes.
So the question here is, we're not enabling new tools.
We have these tools.
It's a question of how we use them, how we approve them.
That's basically what we're talking about.
Yes.
Could you talk about, in a suspect apprehension scenario,
what's the decision-making process about,
hey, this might be an appropriate time
to use canine support?
What's the process?
How do you think about that versus another tool?
could you maybe talk about that.
Sure, so we're always looking at our use of force policy
and whether or not something is a dangerous threat
in the moment to bystanders, to officers,
and evaluating that.
I think you probably have more relevant recent.
Sure, so typically, again, we look at the nature
of the crime, and we look at the area in which the suspect
may be hiding and evaluate if there are ways for officers
to safely try and locate that suspect.
And as a function of that, we evaluate
what's the likelihood that the suspect is still in the area
that we're looking where that area is contained,
combined, again, with the nature of the crime,
And then all those things go into the decision-making process
of should we bring a canine in to help assist us
in apprehending the suspect.
And if it's helpful, I can give you
maybe a handful of the most recent examples of times
when the captain has called me and asked to authorize a canine.
It's situations where they had a robbery that just occurred.
They had eyes on a person who went into a block.
They knew that they got patrol units surrounding that almost
And that's so they know that the person is contained in this general area.
They verified with the victim that there was a gun involved, right?
And the alternative would be for officers to go yard by yard to check versus use a dog
on a lead to go into a yard and alert if there's someone in there.
So that's one kind of scenario.
The other is a situation when they're doing a high risk search warrant.
And they'll go, we'll call phone numbers of the residents, do loudspeaker,
to tell people to come outside that we have a lawful warrant and ask them to come out.
Maybe a couple people come out, we can't verify there's no one else in there.
And so instead of sending officers in there, your tools become using an interior drone to go in there and fly.
Or have a dog on a lead go in room by room and be able to clear a room, say that that room is clear.
Officers can go into that room and then move forward.
So it's not that a thing happens and then you immediately go to deploying a dog.
things you do to ensure that there's a high likelihood that there's somebody in
there or that you need to clear an area safely and if can support isn't
available like what's the next step I mean my understanding and correct me
part of this is also you're trying to always create more distance between
suspects and officers you're part of this there is a there's a safety
argument from the perspective of not sending an officer into a situation they
can't see or exposing then a suspect to a situation where the officer feels
bound to protect him or herself in a situation and things ask it, whereas this
sort of support again creates one more sort of piece of distance. Is that again
can you just help us? What I'm trying to think of is if this is not available what
else do you go to and does that introduce other kinds of risk when you
don't have this kind of tool? Yes, traditionally when there's no say we
call for canine support and there is no canine available then ultimately officers
are left with the resources that they have available which is generally going
in room by room and and officers potentially engaging with someone rather
than having a dog be able to alert that there's someone there.
I know in the report that and again we haven't talked about air support yet but
just we're talking about both there you've typically we see four to five
helicopter requests a year eight to ten K9 unit requests per year. Under this
this policy do you anticipate that's gonna stay similar?
What do you, I mean, increase, decrease, stay the same?
I mean, is that the same level of frequency
you would anticipate?
I'm not committing you to a specific number, but.
I would say generally, yes.
Is there any reason that this,
part of what we're doing, we're reducing the time
that it takes to get the approval,
but we're not necessarily changing the sort of scenarios
that you would use these kind of tools in.
So I'm, that's what I guess I'm asking.
So with with the one exception as we're talking about being able to use them with pursuits to the extent that they are where CHP may already be in the area and engage individually on their own and and let us know that they see a vehicle fleeing.
that's not us making the request.
However, I would imagine that if we had a pursuit
that then that would give us an opportunity to,
in a more timely manner, request air support
so we may see an increase there.
The report also notes a 20 to 30 minute time
to move approval up and down the chain of command.
I think that's either for canine or air support
because it's the same process.
Under the new policy, what do you expect
approval time to be reduced to if it's just the watch commander and then after
action reporting? Sure it would just depend on how quickly we could figure
out which agency had the resources available but generally a matter of
minutes once the watch commander determines that a resource would be
appropriate and then it would just be making the phone calls to determine
the state of the city.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
board.
It's not going to be under the
Captain to the Chief, Chief to the City Manager,
and then back down.
Okay, and then after action,
how will it work in the new scenario?
So this would be, the after action in the proposed scenario
would basically be the watch commander would notify
the Chief as soon as possible who would then make
the notification similar to other notifications
that we do to the City Manager.
Okay, and then this shows up in the use of force reporting
that is done on a regular basis.
So this flows into the normal reporting process
that we also get.
Okay.
I noted in the PAB letter, it said they called this,
there's a lack of demonstrated need
because the BPD has presented no evidence
about the undue burden on the department,
which is certainly one consideration.
But I guess, I think there are other considerations
which are impacts on response times.
This isn't just about the burden on the BPD.
This is also about potential benefit to community
in terms of response times, I just wonder what that means
in sort of a crisis situation in terms of
having the shorter approval window.
So in a crisis situation, every moment counts.
If you're the individual who is needing help
on the other end where there's a suspect
or there's an armed suspect going towards
an open area and we don't know where they are,
every moment is gonna matter and being able to find
for the person if it's missing person or any of those moments so in in the
moments where they matter most that's where we're closing the gap and we'll
continue to be using these mutual aid like we're not anticipating creating
our own helicopter unit or our own canine unit this is about continuing to
use resources from other partner jurisdictions correct this would be
the city of Davis. And we're
not going to be able to get to
the city of Davis. So we're
going to be able to get to the
city of Davis. And we're going
to be able to get to the city of
Davis. And we're going to be
able to get to the city of
Davis. And we're going to be
able to get to the city of
Davis. And we're going to be
able to get to the city of
Davis. And we're going to be
able to get to the city of
Davis. And we're going to be
able to get to the city of
Davis. And we're going to be
able to get to the city of
Davis. And we're going to be
able to get to the city of
Davis. And we're going to be
able to get to the city of
We have a lot of people that are
on the phone and we have a lot of
people that are on the phone and
we have a lot of people that are
on the phone and we have a lot of
people that are on the phone and
we have a lot of people that are
on the phone and we have a lot of
people that are on the phone and
we have a lot of people that are
on the phone and we have a lot of
people that are on the phone and
we have a lot of people that are
on the phone and we have a lot of
via that. So both tools have their uses. There are some agencies that deploy
out with a canine that won't deploy their canine until first you run the
drone through the house and see everything you can see and then the next
step is you send the canine in and do a clearance and then the next step which
is the most dangerous step is then the officers go in and have to handcheck
that. I seem to recall that some drones have the ability to see like heat
detection though is that correct so they they would be able to see behind you
know clothing or something like that is that right but there are there are some
drones that have a heat sensitivity they can pick up a thermal imaging most of
those are the larger drones I don't think that the interior drones have that
capability to that extent that's good to know thank you appreciate it other
question yes councilmember Trego thank you madam mayor and thank you PD for
being here this evening I have several questions I think my most basic question
this is what I'm still trying to wrap my head around because this is a proposed
rescission of a 1982 resolution and replacement with a new resolution around
authorized uses. How does this map on or does it to any relevant use of force
policies and or how does this map onto existing or future MOUs.
So with regards to use of force it we would make our notification and it would
depend on the force that that was used whether or not there was force used on
an individual and as we're working with regional partners they would be subject
to their own use of force policy requirements
and what we would be doing is reporting on the use
and then obviously our criminal report
would document what the result of the interaction
with the K9 would have been.
Thank you.
So I guess, and this is really, I guess,
specific to mutual aid assistance requests.
what guardrails currently exist or would exist
if this item was adopted around,
I imagine different agencies
that we might receive a request from
might have different levels of tolerance
for how to use helicopters and how to use police dogs.
So how would, I guess, what guardrails
would exist operationally?
So we currently operate under our police officer standards
for training in the state of California,
and there are best practices for canine handlers
and programs that are established for that training.
To my understanding, there are some changes
that are also coming about next year
to sort of standardize those across the board.
So the K9 handlers are subject to their own policies
and many of those are very similar
to what we're talking about in the proposal
for how they're used and when they're used.
And we talked about this last week also
when we were talking about could another agency's
more expansive policy allow for greater access?
And the answer is no.
So they have to operate under what our allowed uses are
and the type of cases and situations
that we are allowed to ask for an air support
to come in and monitor something
or canine to come in and do a find an alert
or find and locate or missing person search.
So irrespective of another agency's policies,
and I will tell you that as DC Tate shared,
they have to also align with state best practices.
they can't come in and do some other use.
Like they can't come in and look for something
like a misdemeanor with no weapon
because their policy allows it.
They have to follow.
They are only gonna get asked to come
to do a thing that is allowed pursuant to our policy.
And would that be reciprocal
if we got a request by another agency?
Well, we don't have a helicopter or a dog,
so we wouldn't be providing assistance.
I guess it's moot.
Okay.
Going to some other questions.
And I think this might be perhaps
for Council Member Casarwani.
I know it's probably hard.
There's a type with a 1982 resolution,
and then there's this.
But it would be helpful, I guess,
in the absence of a matrix of what the specific changes are,
if you might be able to just summarize.
Like, I understand the changing to an after action,
report to the city manager, so that part I understand,
but in terms of the actual specified permitted
or prohibited uses, it would be helpful for me
to understand the changes.
Sure, I do wanna note the 1982 resolution is in the item.
If folks would like to read that,
it is typewritten, so it's a little harder to read,
but it's page nine of 13, and then just to summarize,
In the report we note that the 1982 Apprehension Authority
is really rarely usable in incidents
for which canine support would be most appropriate.
So it requires BPD to simultaneously confirm
a threat to human life, that the suspect is armed,
that the suspect is in a controlled and contained area,
and that no one else is present.
Conditions that almost never align at the moment,
a request must be made.
A residential burglary with a barricaded suspect,
high-risk warrant on a subject with a doc with documented firearms history
and pursuit of a violent fleeing felon each fail at least one of these elements
so our goal here is to have a policy that is restrictive and I believe it is
with those clear expanded prohibitions but can actually be used when residents
of our city are are facing a life-threatening criminal situation and
And I have to say, you know, I respect the view that a dog being used to identify a fleeing
violent felon could be fearful for some people.
But I also have to say that a suspect at large who is suspected of a violent felony is also
a very fearful situation for our community.
So I think that we can balance this policy and ensure that our police department has
as the modern tools that other police departments have.
Thank you.
Councilmember Bartlet, please, folks.
Sorry.
Oh, sorry, you have more questions.
I apologize, go ahead.
No worries, no worries.
Okay, the next question I would like to ask
is going to the PAB letter that we received
specific to relationship with proposed drone technology.
quote, while the PAB acknowledges the drones would not be capable of performing all functions
that a helicopter can provide, some of the expanded uses contemplated for helicopters
appear to overlap with operations described in the drone proposal. Could you please elaborate
on that point? If the two technologies were in use simultaneously, how would they compete
or complement, compete with or complement each other?
Sure.
So the drone technology is something
that's easier to deploy, and frequently will
have a faster turnaround time, and is much less expensive
than a helicopter program.
And so there's greater access to drone technology
and a faster deployment.
That being said, drone technology
is limited by the amount of time that it can be in the air.
It's battery is its limiting amount.
Whereas a helicopter has a much longer runtime.
And so for events that are either long and protracted,
or an event such as a fleeing suspect in a vehicle,
a helicopter is a better option and provides a level of coverage
that drones do not.
if I can add on that.
Drones also have a limitation as far as how far they can go.
So a helicopter would also be able to follow someone
on a freeway for a long period of time
and officers would be able to fall back
and not necessarily be engaged in that pursuit
in the ways that they might be if they were in the city.
Anyway, that to say that helicopters
can have a longer range than the drones.
OK, thank you.
And last question, I think, for now.
Of the requests that you receive now,
or the city of Berkeley receive for mutual aid
as it pertains to use of K9, can you
provide an approximate breakdown of how many of them
for things like search and rescue and you know god forbid bomb sniffing
operations those kinds of things versus you know well we don't have this now but
if well versus the 1982 policy around you know all three antecedents or
criteria about life being in danger and violence. Yeah and that's it's exactly a
we're going to do a limiting
factor and be able to kind of
compare that data.
What I can tell you is that we
use them regularly for missing
at-risk people that go with
search and rescue dogs that we
have access to through the
county and some of our other
mutual assistance jurisdictions.
We regularly use them for
events where we know a
dignitary might be present or
some other event that has a risk
for explosives or bombs and we
use it for that.
And so I would say that the most
common is missing persons.
The current policy is
restrictive on how often we can
We can use them for crimes in progress
where someone is in a block.
So those numbers are lower.
But those are all situations that we see regularly.
And I know in the course of the last maybe two
or three years, they're a small handful of times
when they've been part of a high-risk search warrant
operation.
And if this policy were to be, I guess if the restriction set
were to be amended via this resolution.
To what extent do you see or anticipate a change
in kind of the type of requests we might green light?
So I don't expect to see a major change
in any of those categories except the one
that we have created space for,
that the violent felony, a felon with a gun
and the residential burglary,
the things that we right now are prohibited
we need them from really
requesting that where we need
them because we can't by the
old policy.
So there will be an increase in
those as needed based on the
parameters of the use policy if
the Council's direction was to
move forward on this tonight.
Thank you.
Thank you.
Questions from Councilmember
Bartlett?
Thank you.
Thank you, thank you, Mr.
Maguire-Cousins, for bringing
us forward and thank you,
presenting to us, I'm very curious, I went on a ride along recently as you may know it was a lot
of fun really good time so I feel like I'm a veteran now the force but it makes me just
wonder though like really like where this is coming from honestly but so I'm wondering
like do we have to rescind the resolution or could we just amend it to permit explosive
detection or a junior urgent search and rescue deployments? You know that's for the author.
Council member your question is do we need to rescind it instead of?
Amending it for very specific use cases like explosive detection or generally urgent search
and rescue. So you know my proposal is to resend it and replace it with with what's here so that we can
have the uses that we believe are aligned with best practice. Okay you know one thing I one thing I
noticed in your resolution is that it doesn't distinguish between tracking
dogs, explosive detection dogs, or biting the whole patrol dogs. Is there a reason
for that? Come on folks. I think given the the the comments from the Chief and
Deputy Chief Tate tonight it's clear that we don't always, and correct me if
I'm wrong we don't always know exactly which canine may be available and so I
think this provides the ability to come on to seek the resources that are
available at the time and deputy chief take you want to elaborate correct so if
we were looking for a dog that was specific to bomb detection then we would
make that request specifically and that dog would be trained in bomb detection
So we would be asking for the specific canine or asset that meets the criteria for what it is that our mission is.
Okay. And what is the language used to locate an apprehend? What do you mean by apprehend exactly?
Happy to speak to that.
The definition of apprehend is to arrest a suspect for a crime.
or for a non-human a canine okay come on Andrea please we'll let W chief Tate
take it so again depending on what the specific mission is if it's to locate a
suspect then it would be to locate and arrest that suspect and that would be by
using a canine as the asset to locate the individual as opposed to putting our
officers in harm's way by having to go and physically look for the individual
but it doesn't include biting them.
Again, it would depend on what the type of dog is
that we end up getting.
Yep.
And if you've observed or understand how canine units work
or canine dogs are deployed,
and all of the steps that we take
as we look to resolving the situation,
again, it's, can we contain the area?
Have we made announcements that we are entering the area,
the dog, the handler will come up with the dog.
I have a dog, I am going to release the dog,
we know you're in the block, please come out of the block.
We have a dog, there's the repeated loud verbal commands,
sometimes it's via PA, sometimes it's an environment
where they don't have to be on a PA, where they're announcing.
It's they don't show up, open the door,
and send the dog out there, that's not the way
that the best practice is for deploying.
They now deploy on a lead,
so that they control and pull back.
Most of these dogs are alert dogs.
There are times when we know an individual is in an area,
they are refusing commands to come out,
And we are left with nothing else to do except
and we have to apprehend that person
where there are dogs that will move to a bite phase.
That is far down the continuum of how we are deploy,
how this tool is deployed to apprehend an individual.
And which agencies do we expect to provide,
I guess we need eight or nine a year, right, or so, right?
So which agencies are providing dogs for us?
So we currently make the request
to Emeryville, Alameda County Sheriff,
East Bay Regional Parks, Oakland.
Do we have data on their bite rates?
Their, you know, stranding standards, et cetera?
I can share that we've never had a bite
in the last 10 years that I can think of
in any of the deployments we've had with K9s,
if not farther back.
Okay, thank you.
Thank you, Council Member Lenapara.
Thank you. I want to follow up on a question that Councilmember Bartlett had around rescinding
the previous resolution instead of amending it. And I am curious why that was the choice
that you brought forward. Yeah, I mean, as I said to Councilmember Bartlett, I want to
rescind it and replace it with the resolution, with all of the authorized deployments and
and categorical prohibitions that are newly listed here.
I understand.
My question is why?
Because that was the best way to effectuate the policies
that I'm seeking to put forward.
Would it, I guess I'm trying to understand
why the previous resolution couldn't be redlined.
I just I think that it had some value and I don't think it needed a full I don't think
it needs a full rescission I also am in the policy or in the in the transmittal it says
in that case.
The case was that K 19's may
made it be deployed in any of
the following circumstances.
Canine's teams may also be
deployed for purposes not
involving the apprehensions of
a suspect, including but it's
not is it is it's not limited
to was that purposeful.
Councilmember what what page are
you reading from page 2 of 13.
I would refer you to the resolution for, you know,
what would be the actual policy.
Okay, which does say only as follows, I see, thanks.
I, a couple of my questions were already answered,
were already asked to answered.
I do have a couple of follow ups to council member Bartlett
was asking for the police department.
In what situation would you look for a canine
is trained to chase or bite a suspect. Anytime we make a request for a canine
it would be to apprehend a suspect if that's what the circumstance is and we
would ask for the resource to help us locate that individual. So we wouldn't
specifically call and ask for someone that has a canine that meets the
criteria that you're sharing it would be to ask for a canine asset. Okay I guess
I'm talking about what Councilmember Bartlett was bringing up around the
different breeds of dogs and some are trained to apprehend a suspect and
others are trained to detect something. What are the main differences in how
the state of California. So we
on which agency we got, it would depend on how their program works. So it's not
that we would call and ask for a specific thing other than we need a bomb
detection canine or we're trying to locate a missing person or we have a
suspect who's fled and then we would find out regionally who has an available
canine specifically for for what our goal is. Okay, is there a situation in
which the canine could be released or let go of the of the leash? Yeah there
are some in some instances where canines are doing searches they are off leash
doing those searches other instances they're on leash. Okay thank you but not
in not an apprehension. Not an apprehension? There are some instances where a
canine with their handler is looking to see if there is a suspect in an
area and there are other instances with on leash and sometimes off leash okay
just to clarify there are situations in which apprehend in which the police
department is trying to apprehend the suspect and the canine is released when
you yes the the canine is under the control of the handler but they are not
the city's. The city's is not.
If we had a missing child that wandered away
from a slum stroll, and we conducted a check
of the thing and couldn't find them,
would we ask search and rescue to come out
with a fine dog, potentially?
Okay, thank you.
Is there, for example, if there's a violent person
within a large protest crowd?
No, okay, absolutely not.
Thank you, those are my questions.
Thank you, yes, Council Member Blackby.
Another side of quick questions. I just note in the staff report there's a lot of discussion about 1982 versus now
and I just point this also to the background in the staff report. We talked about in 82
the original resolution was enacted in response to concerns about the use of specialized law enforcement resources from outside agencies.
The values that motivated its adoption, local oversight, narrow tailoring of authorized uses, and explicit prohibition of canine deployment and crowd control
are preserved in this proposal. What's different are all the other mechanisms that we also
have in place in 2026 which include lecture poll line policy manuals all of
our officers where body worn cameras the police accountability board is in place
to review complaints the city surveillance technology use and
community safety ordinance which require annual reports to council of all the
uses of these tools so what's different and what did not exist in 1982 were all
these additional things so I what I what I am balancing and considering in what
councilmember Casuani is proposing is yes there are some expansions to meet
the moment in terms of what modern policing is the expectations that we
have in place but we also have more accountability tools and more camera
coverage more report back and basically I basically just want you to comment on
that how that balances and basically you know how that also weighs as a check in
in terms of how you would use this on the back end.
Thank you for that.
Yes, everything that we do is governed by our policy
and there is strict oversight
and anytime there is a use of force,
there is a layered approach to supervisor oversight
and reviewing everything that happened.
With this, it would be no different.
There would be a report to the chief of police
on to the city manager and would be something that is included in the annual report. So there's, by way of doing this, it does modernize the policy to enable us to use the tool, again, to close the time distance gap in getting the asset available and reducing potential dangers to the community officers and the suspect and also maintaining all of the oversight that exists.
Thank you.
Thank you.
Other questions from my councilmember colleagues?
Okay, we will take public comment then.
If you have public comment on item number 23A,
which is the resolution rescinding resolution
number 51,408NS restricting the use of air support
and canine units and updating mutual aid policies,
please line up and also raise your hand
if you are online and would like to speak.
Yes actually I am just realizing that probably it would have been good for us to also hear the
peace and justice resolution after. Mr. City Clerk could you advise would it be would it
make more sense for us to take public comment on both now and have have our peace and justice
commissioner present? Uh well yeah the other they're agendized as A and B items there's only one
public comment period for both items.
So it will be helpful to hear from our
Peace and Justice Commissioner then.
He is first, so would you just come up please
and please introduce the 23B?
Sure.
How long do I have?
I don't know.
Maybe like five minutes.
How's that?
That'll be great.
I have it divided into the two different items, but I-
Can you just, yeah, if you could just focus on the one
that's relevant to this current item, that would be great.
And we can have you present the second part of it
at the second item, item number 24.
Thank you.
Okay, so, George Lippmann,
I'm representing the Peace and Justice Commission
as directed by the chair,
who regrets not being able to be here, sorry.
So the commission recommends,
as an alternative to this motion,
retaining the existing 1982 ban on police,
dogs, and helicopters.
And that the council requests the city manager
to engage in academic institutions
such as UC Berkeley, UCSF, or Stanford
to study the health impacts of both the tear gas
and other chemical weapons and canine support,
potential short-term and long-term impacts
on vulnerable populations and possible alternatives
to the use of these tools and weapons
that provide officer safety, suspect safety,
and safety to the general public.
The commission share, I am also concerned
that you don't have the DPA or the PAB up here to represent.
So, but I will speak a little to their comments as well,
the peace and justice supported.
They said the previously permissible uses
of helicopter assistance were limited
to clearly defined humanitarian and emergency purposes,
including disaster response, rescue efforts,
excluding hostage situations, and locating missing persons.
This proposal introduces new explicitly
enforcement-oriented justifications,
including felony suspect pursuits,
vehicle chases, and deployments
intended to reduce risk to officers
that go beyond the scope of the earlier permissions.
Taken together, the proposed resolution
reflects a shift in emphasis
from primarily enforcement assistance
toward authorizing helicopter use
as a tactical law enforcement tool should it be adopted,
and that was of concern to our commission.
Police helicopters to get more specifically into it
provoke concern in a number of communities
for unhealthy noise pollution, inefficient spending,
and instances of bias by over-policing
certain neighborhoods.
Officers in the LAPD often disgracefully go so far
as to call the helicopters ghetto birds,
as sociologist Sarah Brain wrote in her book,
Predict and Surveillance.
Berkeley restricted use of police dogs
in the aftermath of their brutal use,
particularly in the South, but across the country as well.
In the last two decades, at least two lawsuits
were settled by Hayward, one for $1.5 million.
One dog is said to have bitten about 30 people,
two or three of them uninvolved bystanders,
one an 89-year-old wound, sorry,
one an 89-year-old who died of his wounds.
The Commission reminds the Council of the precautionary principle that adopted in 2006.
The principle is an approach to decision making that prioritizes preventing harm to human health and the environment.
The principle shifts the burden of proof, requiring actions to be proven safe rather than waiting for proof of damage to restrict them.
We recommend that lacking proof of safety, all of these tools and weapons should not be approved.
The commission is also concerned about the removal of required pre-approval by the city manager for both dog and helicopter deployment.
When taken as a pattern, the removal of this check combined with the issues that we've seen over the last couple of years,
the difficulty in getting the police chief to fully cooperate with the PAB's city charter
mandated requests for departmental records.
The chronic overtime underappointing of the PAB,
hopefully that's in the past,
but it's been a very problematic issue for years.
And the vacant position of the
Director of Police Accountability,
the city risks a public perception
that it no longer values civilian oversight.
I think that's it for this one.
If I can come back later.
Thanks, George.
Council members, I've been gifted with two extra minutes,
And if I need a third, I might just go ahead and take that one, too.
I have a lot to say here.
What I'd like to begin with is a little bit of history because in 1982, when local giants
like Gus Newport was mayor, Maudel Sherrick was on this council, those regulations from
1982 were to balance the safety.
that I have not heard any discretion about
is the safety of our community
as it relates to dogs that maul,
dogs that tear the flesh off your body.
And if you understand that,
if you're willing to speak plainly,
you understand why Gus Newport-Maudel-Cherick in 1982
worked so hard with that council
to enact these prohibitions.
This issue was revisited in 2004.
And again, a council with folks like Max Anderson,
who understood how these kinds of dogs
violate if nothing else, the community trust.
One mauling in Berkeley, you will lose it.
Since some council members don't think
that racial disparities are statistically significant
in our city, we know that increased use of these dogs
will fall disproportionately
on the African American community,
on people with mental health, behavioral health issues,
people with drug issues, and so forth.
If you care to read the ACLU report
about maulings of onlookers,
about times when dogs were deployed,
yes, they're taken off the leads.
They say, go get them.
And then sometimes the handlers have a hard time
getting the dog to release the arm.
And so the person has permanent damage.
Yes, it's insane to me that you would consider
residential burglaries.
All somebody has to do is go into a house,
steal packages, whatever they do,
come out and they are eligible for a marling
according to the way that this proposal
is being offered to you.
Apprehend, it means tear the flesh.
I also want to say this, that none of us here in this room
have any opposition to search and rescue,
locate missing persons, identify absolutely.
If you want to sniff their explosives, that's not a problem.
The problem is that every day this police department
abandons any pretense of trying to work with the community.
Instead of a dog, you don't have to ask the community, hey,
where did they go?
Hey, ask the community, are they in your back?
What's going on?
that we had good relations with the community,
this dog question would not be up.
But they have, they don't care.
That's the issue, that's an issue.
So yes, I like Ben, I like your proposal.
Let's amend this thing.
And make attack dogs ban attack dogs.
We have no problem with that.
Thanks Andrea.
Let me see if I'm done.
Good evening Madam Mayor, student council members.
I'm a resident of district one.
My name is Daria Ruble.
I'm also a candidate for district one city council.
I wanna thank several council members
for your thoughtful questions
and critical thinking on this issue.
I would like to state that I do not find the reasons
for this resolution compelling.
I think the standing 1982 resolution is working for us
and as our hardworking staff members
with the police have already stated,
This does not give us new resources.
We still have those resources.
We just have additional checks and balances now
that do not need to be removed.
Thank you very much.
Thanks.
Thank you, Daria.
Hello, my name is Ellen Evangelisti
and I am a resident and taxpayer of the city of Berkeley.
I oppose the use of helicopters and police canine units.
And I would like to note that I oppose virimately
the flock cameras that are tracking my every move
as I move around the city of Berkeley,
and I do not condone the expansion of the police state
in the United States of America.
Thank you.
Thank you.
Good evening, Council and Madam Mayor.
My name is Jason Martens.
I'm here to speak in opposition
to unleashing police dogs on our populace.
The scenario that they described
where there was like a block that they surrounded
and then they could have unleashed the dog
into that block to go and find a suspect.
Like what's to prevent my kids from being outside
in that same block where the dog is now gonna be unleashed?
How is that dog gonna know that my kids are not a threat
and it's something else that's a threat?
That just is a horrifying situation to me.
And if the Berkeley Police Department
wants to build community trust
and talk about community safety,
like I think really this comes down to a simple thing
is that they're asking for permission
to attack people in Berkeley with dogs.
That's really what this comes down to.
Thank you.
Thank you.
Hello, my name is N.
I am a Berkeley resident of District 3.
You see Berkeley public health graduate student
and the art of young black children
growing up in Berkeley Unified School District.
I am speaking out against this resolution
to further militarize the Berkeley police.
It truly scares me that some of you would choose
to endanger your constituents like this,
especially at a time of extremely heightened repression
and violation of human rights in this country.
This is not safety.
This will only add to more people being brutalized
by state section violence and black and brown communities
are the ones who suffer the most.
I don't want black and brown children of Berkeley
to grow up in a city that surveils and polices them.
I want them to grow up in a city that prioritizes
evidence-backed community-rooted approaches to safety.
policing and surveillance do not keep us safe.
Thank you.
Yeah.
Thank you.
Can I get an extra minute for someone?
Thank you.
Hello, my name is Dan Brownson.
I work at Berkeley High School.
I don't understand the reason for this.
Crime in Berkeley has been dropping for years.
There was a uptick during a little bit after COVID,
but that was largely an aberration
from downward trends that we've been seeing for many years,
so with the existing restrictions
on the use of dogs and helicopters.
Helicopters are not cheap machines,
so I'm wondering who is paying for this.
Someone has to be because helicopters require a lot of maintenance,
extremely specialized train to fly,
helicopter pilots do not come cheap.
So someone is footing the bill for this.
In a time when Berkeley is in a little bit of financial difficulties,
it doesn't seem wise to be making it easier to call in these expensive assets.
So I think getting city manager approval is probably a good thing.
Furthermore, as to the use of dogs,
The reason so many people do not trust the Berkeley Police Department
Is because many people have experiences like mine where while the police department will sit up here
You know saying oh how much restraint they use and whatever my experience has been the opposite
Berkeley police officers. Well a sergeant had several police officers violently violently throw me to the ground
just for arguing with him. I didn't raise my hand to him. I didn't have any weapon on me.
I posed no physical threat. So ever I was still brutally thrown to the ground and arrested and
for a resisting arrest. That's why I don't trust them to have restraint when it comes to using mauling dogs.
Thank you.
Hi, my name is Nori Clark, and I'm a longtime resident of Berkeley and
We keep talking about these new modern assets. I want to meet one of these modern dogs
You know, I mean modern dogs really are they robots?
anyway
it has been well demonstrated and
Known the dogs often bite the wrong person and to have an unleashed dog
the city of downtown. And I'm
not sure that the use of the
police. Running around in the
neighborhood. Is not a safety.
And this month and the and I
agree with the previous speaker
that the use of helicopters we
can we really afford this. You
know it's one thing if they're
going down the highway but
they're not they're not being a
and I'm also a long-time resident of Berkeley and I also don't understand the
why of it. It just it doesn't seem to make any sense when we are hearing in
the news that crime is actually reduced, violent crime is greatly reduced and the
provisions of the 1982 mandate seem to say it has the built-in protections we
We really need to be able to
be able to get the most people
we need.
You don't really need any more.
It seems like that would just
be excess and sort of inciting
a violent outcome somehow.
So it's really upsetting to see
the city even thinking about
these kinds of draconian
measures.
And as someone who was once
very proud of living here, this
is the exact kind of thing that
makes me want to leave.
the city. I'm a little bit of a
I think it's a very good. I'm a
Hi. I'm here to ask you to not expand use of dogs as a former vet tech who
performed vet care and police drugs sniffing canines. And from my life
experience with a friend's German Shepherd named Arlo, dog read and
intended to be a police dog before my buddy kind of scooped him out of that
life. He's a great dog. I knew him from a pup but we all knew never leave him alone
with people he doesn't know, children or animals. The breed is anxious and fiercely
loyal. If you are not in the pack there's a chance they will attack regardless of
training. They're powerful dogs as well. I saw Arlo take down a fully grown
white-tailed deer, very bad dog at that point, but we managed to pull him off
before he killed it. I can imagine that as a person, an absolute physical
punishment without any six amendment right given to that person. It drives me
nuts. I understand that we are intending only to use these dogs in certain
situations, but how that determination is made is deeply concerning as well as a
potential for off-target attacks.
The real price of this authoritarian push.
Thank you.
Thank you for your time.
Thanks.
Hello, good evening.
I have an extra minute.
Thank you.
Okay, while our federal government wages war
on our most vulnerable communities,
including here in Berkeley, someone was kidnapped by ICE,
Berkeley should be a sanctuary,
not a city that hands more power to the cops.
We deserve courageous leadership focused on our community safety and instead we're getting
regressive policy that the community never asked for.
What we did ask for though is police oversight and all of you at one point or another, I
think except maybe with the exception of one, has said that yes, you support police oversight.
You support the police accountability board.
Where are they?
There is an empty chair there.
Where are they?
recommendation letter so I know that the the chair is standing online for a
minute please that's disrespectful and that's this is an opportunity to walk
your talk and show your commitment to actual police accountability so please
remedy this as soon as you can here's my questions what if a suspect has
disabilities what if a suspect is deaf and so then you're gonna send in a
a mauling dog because the suspect can't hear
the commands of the police.
This is not in Disability Celebration Month.
This is all wrong.
If someone entered my house and there was a thief there,
I do not, you can please do, 1636 Bonita Avenue,
do not send in a dog.
My dog would not be happy.
What about if there were dogs there as well?
The whole thing is just inane.
And thus far, there's not a great track record
of oversight of our Berkeley Police Department.
This will eviscerate public trust in the limited trust
that they keep saying they want to build with the community.
This will do the opposite.
Please say no.
Yeah.
I'm Chris Taft.
I want to pull back from the details for a minute
to look at the bigger picture.
I don't want us as a municipality
and as a nation in the future
to have to look back in anguish
from a bleak totalitarian regime,
and ask why did we sow the seeds for this?
How did we not see that incrementally empowering the police
with ever more tools designed for crowd control,
force, and surveillance would be useful,
in fact requisite, for the growth of anti-democratic
or willing in power, as Andrea Pritchett said,
why are we going backwards on this?
The proforma limitations on dogs, helicopters,
and surveillance for crowd control are at police discretion
and we don't find the police trustworthy.
We're like frogs in a pot of water looking down at the flame
and saying, hmm, this is kind of reasonable, not too bad.
Let's open our eyes here.
Our nature of the future, we shape it today.
Thank you.
Good evening.
I'm a resident of District 8.
I oppose the use of attack dogs in Berkeley
and removing oversight on their use,
I believe is the wrong move.
Once a canine is released,
there's an immediate threat to any person in the vicinity
who may or may not have committed any crimes.
And the chain of accountability becomes more fuzzy
when with dog actions after release decision
than any individual officer would otherwise be made
to account for any individual action.
Situations develop moment by moment,
but dogs do not deescalate
or discern potential perpetrators from victims
and have potential to cause significant injury.
If dogs are to be used,
there must be careful consideration for when they are used,
and approvals must be extremely deliberate.
Removing obstacles from their use will mean more use,
and this could lead to undue harm
or it could otherwise be avoided.
Thank you.
Thank you.
Hello, my name is Skip.
I am a lifelong resident of Berkeley and a city worker.
It is shameful that you would further militarize the police.
I do not trust the police to hold the monopoly on violence
and determine which crimes were in brutality
and mauling by attack dog.
You all keep talking about best practices.
Who decides what best practices are?
I don't think any police practice is best practice,
and I certainly don't trust that these practices
will keep my community safe.
I do not trust the police with these tools,
I do not trust anyone with these tools.
I cannot believe that I am standing up here asking you
not to allow the police to deploy attack dogs
on Berkeley community members.
It is disgusting that this is a consideration.
I reject rashi's proposals entirely and fully support the peace and justice
Commission's recommendations with helicopters I echo my friend Dan asking
what are the financial implications isn't this city under a 30 million
dollar deficit Berkeley police dogs are Berkeley police does not need to use
dogs that have been trained this training is actually abuse and then they
go ahead and abuse people they bite people to death did you hear how the
with the Peace and Justice Commission someone was almost a hundred years old
and then died of a dog bite. So especially concerning that you are
proposing this rollback of restrictions when we are seeing evidence every day of
the Israeli occupation forces training and abusing dogs to then rape and
conduct sexual assault on Palestinians. And wait, who trains the cops? Yeah, the
Israeli occupation forces, the Zionists do. How do we know that that also will
not continue? Also dogs are not just an asset or a tool. Dogs are living sentient
animals. Did we forget the whole man's best friend thing? Using dogs is
inherently cruel. Thank you. Don't forget that firstly is home to one of the largest animal rights communities, no one wants this, especially the dogs, especially the, this person's giving her
time. Okay, okay. Does someone want to give, would you like some more time? Excuse
me, Andrea, would you like additional time? I would like to finish my comment. Do you know how long that might take? It's two paragraphs. Okay, does someone want to give
We'll give him some time just in case.
All right, someone from the audience
is giving you another minute.
Chief Lewis would like to give me time.
And the chief's also giving you a minute.
You're welcome to three.
There you go.
Go ahead.
Good evening, Madam Mayor,
honorable council members.
Police Accountability Board submitted an item,
supplemental opposing item 23A.
I have raised this in the past,
but I continue to be mystified
why the Police Accountability Board
is not invited to sit at the table
to answer questions about policy
that are clearly matters of public concern
and public safety.
When this item was discussed,
our board was frustrated
because there is a clear pattern in Berkeley
of treating oversight and accountability
as a mere inconvenience
and tossing out those accountability mechanisms
when the department cites to a burden that they impose.
The impact of that burden in this case is illusory.
We asked BPD and they provided exactly zero instances
where prior approval negatively impacted BPD's ability
to achieve their objectives,
which is ultimately what matters.
Accountability is not an inconvenience,
it is essential to public safety.
Thank you.
You're welcome.
Thank you.
I'm asking for three minutes and I have one, two, three.
Paul.
Is it a total of four, Max?
Paul's giving you his minute.
Paul's giving me one.
And then I threw you in the back and threw you over there.
And is it a four-minute maximum?
Yeah, four-minute maximum.
Thank you, Mayor.
Madam Mayor, Council, community members, my heart is heavy.
My name is Moni Law.
I'm a student of Life, Joy, Freedom, Justice,
and Cal grad class of 82 Go Bears, and a city employee.
I'm here in my personal capacity as a resident.
I have six exhibits, Your Honor, that seven, actually,
I'd like to submit to the court.
The first would be this headline.
You must police dogs originated from slavery
and must be abolished.
You do know that the original police were known as slave patrols, and they used dogs
to control the people, having been born in Alabama.
And if any of you know black people that are older, a lot of them are afraid of dogs for
this very reason, because they were attacked by dogs as they grew up as kids, as their
parents were being bitten by dogs, as Bull Connor and others were out with the dogs.
not protecting them but harming them.
So that's exhibit one and it's a point of fact,
police dogs are not aligned for best practices.
Harm outweighs the benefits.
So if we're looking at a cost benefit analysis,
this does not fit the test.
No to helicopters, traumatizing field of a war zone.
And tear gas which is banned in the international warfare
under 1925's Geneva Protocol.
And furthermore, it's not a modern policing tool.
kind of ironic to call using dogs that were used
during slavery as a modern policing tool.
Exhibit two, opinion.
It would serve Berkeley well to implement best practices
for our police by Monetilaw, April 9th, 2018.
This is a Berkeley article,
and it was talking about transparency,
and the point was 277 people have been killed
by police nationwide that year.
There were the protests that were in the streets
here at Berkeley, we were peaceful, but we got gassed.
We got baton whipped, we got flash bangs at our feet,
we got all the things of mutual aid that harmed a number of people in a federal court case was filed.
Moni Law versus City of Berkeley settlement in the end was to have use of force policies that now were supposed to be in place like the gentleman prior to me spoke to.
That is not happening after all the work.
Please implement those changes.
The next exhibit, number three.
Police, California police attack dogs
cause permanent injuries, disfigurement, and disability.
This is an opinion from the Physicians for Human Rights
evidence exhibit number three.
Exhibit number four.
There have been reactions from this class action settlement.
Berkeley was making a good move forward.
I was on the Fair and impartial policing work group.
The mayor, Jesse Ergen, now our senator,
also placed me on the committee
that built the policies to try to work for change,
reimagining public safety.
I'm not reimagining public safety right now.
I'm imagining a nightmare.
I'm imagining my son being bitten by a dog.
I'm imagining my son who's been pulled over
as a 12-year-old by Seattle police,
assumed to be guilty by walking down the street.
So when it's black people that are involved in the scene,
they're also more likely than not the victims of the dog bite.
For example, Exhibit 5, the medical opinion has shown,
actually through the ACLU report that was referenced earlier,
Exhibit 6, ACLU reports police attack dogs severely
permanently injured hundreds of Californians.
And in very significant numbers, 50 city of Richmond police
attack dogs involved in 60% of use of forced cases which resulted in great bodily injury
or death over a five-year period. And Fairfield in the same time period over 61% of people
bitten by police dogs were black. And in a city whose population is only 16%. Similarly
in Bakersfield in 2020, 89% of police dog attacks resulted in severe impact.
Moni, I'm sorry, your time's up.
Thank you, Tony, Moni, Moni, thank you.
Okay, thanks.
Yay!
Well, that's a hard act to follow.
But, you know, I was looking at somebody mentioning,
like, these helicopters and dog rentals,
they must be rented, is this cheap, is this free,
is there any dollar sign on this?
I see no indication that anybody's thought
about funding this, and also the helicopters were used four to five times, and the canines
were eight to ten times. These are not like big things, so it seems to me like what I'm
seeing though is a creeping militarization of our police that feel like they get all
the goodies and care not cops. It's all cops and no care. Where is the care about this?
There are the crisis intervention trainings
for the people who are mentally ill
that are left homeless on the street.
Where is any of that?
So this is an expense that's, it's not free.
And all of this is a license to be.
Thank you.
Thanks for your comment.
Yeah.
Hello, my name's Allison.
I live in district four,
and I'm also echoing the other people who have spoken
to oppose any expansion of helicopter use
or the ability to remove safeguards
to enable attack dogs
to continue terrorizing citizens of Berkeley.
I also wanted to go off of the funding element
considering that the funding for the mobile crisis unit
was also just slashed.
This feels especially egregious
that these tools suddenly exist
both in terms of expanding flock contracts
and giving the police more tools to use
feels like a complete step backwards.
Also especially, the issue of people who are homeless
often have dogs for protection.
And so I can only imagine just the instigating effect
this could have of one of the attack dogs
creating an incident in which people are using
one of the only tools they have to keep themselves safe
while being attacked constantly by BPD,
ending up hurt as an effect.
Thank you.
Come on up, come.
Do I just ask for another minute from somebody?
I don't know who to ask.
Yes, there's someone who would give her a minute.
Someone in the back here is giving you a minute.
Okay, go ahead.
Okay, excuse me.
I'm Laura X and I don't know why my voice is like this.
Suddenly, I've been here since 1963
and I did speak at the committee meeting
and I did bring up Birmingham.
And I suggested that the police be trained
in what that meant.
So I was so thrilled by this person
who just brought that up.
So I'm wondering did any of you get trained?
Am I allowed to speak to them?
in what police dogs mean in this country.
You can address the council as a whole,
but they won't respond to your questions.
Okay, well, you can ask them or whatever.
I made that suggestion at your committee meeting.
And because I really felt that the messaging of fear
and that Berkeley is about to lose
its ever-loving mind nationally
and be part of this terrible militarization
of every aspect of this country,
is really more important than anything in this resolution
may or may not solve.
I also wanted to ask, to say,
that I was part of the just regular civilian population
walking around in front of the university,
I was a student, in 1970, when we were gassed,
tear gassed by people in a helicopter.
So that combination is still with me.
And that was, they were sent by the governor.
And so this was of course, as I said, in 1970.
So all of that still hangs over people, my age.
Thank you so much, appreciate it.
Thank you.
Thank you.
Good evening Council.
Before I start my minute here,
may I ask for two or three minutes.
Someone to seat please.
One, can I get two more people?
I see only two hands raised for you, so thank you.
So, Tasha's Baptiste, I'm standing here
in stark opposition to this proposed item.
I'm a lifelong Berkeley resident,
have worked as an EMT before,
and so I understand from a clinical level
what these tools can do to human bodies.
The second reason why is fiscal and operational.
This council is being asked to spend Berkeley's money,
liability exposure and political capital,
expanding force and surveillance capacity.
When the single investment that would most improve
the performance of officers in the field,
fully staffing the emergency communication center
remains unmade.
These tools create patients, not safety.
CS gas and OC spray are indiscriminate.
They do not distinguish a person posing a threat
from the asthmatic bystander, the child, the elder,
or the unhoused resident sheltering half a block away.
Clinically, exposure means chemical conjunctivitis
and corneal injury, bronchospasm,
and in patients with asthma or COPD,
genuine risk of respiratory failure.
CS residue contaminates skin, clothing,
and enclosed spaces for hours,
extending exposure to everyone downstream,
including the EMS crews who treat
and transport contaminated patients.
A chemical agent deployment is a mass casualty incident
that the police hand to the EMS system.
Police canines inflict mauling injuries,
deep tissue evulsions, norvascular damage,
wounds requiring surgical repair.
National data consistently show canine deployments
fall disproportionately on black and brown residents
has been referenced by previous speakers.
Berkeley has run this experiment.
In December 2014, BPD and mutual aid agencies
deployed CS gas against the demonstration.
The police review commission's independent investigation
found the response inadequately planned and excessive,
harming peaceful demonstrators, journalists and residents.
The city paid to settle the resulting litigation.
The 2020 ban and the 1982 city manager approval requirement
are not red tape.
They are Berkeley's institutional memory written down
so we would not have to relearn these lessons
in settlement dollars and emergency department visits.
Every dollar in this direction is a dollar taken
from the investment that actually improves field policing,
dispatch.
Consider what this policy direction actually costs.
The surveillance expansion moving in parallel
would roughly triple the city's annual commitment
to a single vendor.
Mutual aid helicopter and canine deployments
carry pertinent costs and as the Berkeley Police,
Berkeley Accountability Board warned,
chemical agents and canads carry
significant litigation exposure,
a warning Berkeley's own 2014 to 2017 experience validates.
None of this buys a single additional train professional
answering a 911 call.
Meanwhile, the city's own 2022 federal engineering
needs assessment documented chronic understaffing
at the emergency communication center.
That shortage is not an abstraction.
It is a structural bottleneck of Berkeley's
entire public safety system, and it degrades the performance
of every officer in the field, every shift.
That means slower call answering and call processing
delays every response, police, fire, and EMS,
before a single unit turns a wheel.
And a weapon in this package recovers the second.
staff council. Thank you. Carole Morassovic, when I first heard about proposals about canines I
thought these were the happy soothing dogs that some police departments across the country used
to de-escalate people in mental health crisis that I learned about at CIT International. Instead these
appear to be the vicious mauling dogs that have been used by ICE and other police forces elsewhere,
sometimes mauling people who were later proven to be wrongfully arrested and injured and died in some cases.
Vulnerable people, such as autistic people, people with intellectual disabilities and mental disabilities,
become agitated by intimidating presences, such as a vicious dog.
that education then can be mistaken for a guilty suspect.
It can lead to injury, it can lead to death,
it can lead to liability for the city,
and BPD seems to have a recent history of success
of arresting people, why do we need dogs now?
Thank you.
Woo!
Woo!
1982, was anyone ever on call in 1982?
Do you remember what that was like?
In 1982, I was a nurse, I used to be on call.
You'd have to carry a pager.
If you were out, you'd have to look for a payphone.
This is 2026, I think, isn't it?
And we all carry phones, or most of us carry phones,
and what is the problem with pre-authorization
when we have phones and we don't have to carry a pager
and run around looking for a payphone
to respond to that page?
We really need to, why should we take away preauthorization?
That doesn't make any sense.
What I've heard here tonight in your questionings,
which was really quite excellent, thank you very much,
is a lot of contradictions.
And I'm very concerned about the direction this is going
when you get a good question and then a,
kind of a different answer.
Thank you.
I have two extra minutes, one from Paul and one from Steve.
Paul already gave us a minute.
No, that Paul.
Oh, the other Paul.
Not sorry.
Another Paul?
Okay.
All right.
Thank you.
I'm sorry if I messed up your name.
No, no.
All right.
I misunderstood which Paul you were referring to.
Well, and that's kind of the point.
I wish all was well.
And that's our choice.
What are we investing in?
A lot of people wouldn't burglarize if they had sufficient resources.
People wouldn't be appearing to be threatening if they had more mental health care.
If we had a community that invested in supporting each other concretely, literally, we could
reimagine the world so that we wouldn't be where we are now, all around the world, where
every conceivable threat just needs to get annihilated.
Let's just eliminate all potential threat.
So while we're at it, should we get nuclear bombs in Berkeley?
I'm not being facetious because we end up where we are in the world now slaughtering
people that are just different or whatever unique and or we don't like them and we prefer
something else, it's inappropriate and again, back to you Mayor, inclusivity, respect and
support that might be a new tattoo for me, right?
Because it's simple and if Berkeley can't do it, who the heck on this planet is?
I say we can.
So in terms of disability, I consider us to be very able.
So I am recalling the empowerment of our hearts and I understand the police have a direction
of intention.
I'm not disparaging them.
I am just saying that shooting first is not always the best solution, and I'm also into
loving animals.
I consider using dogs this way, animal cruelty actually.
They're meant to be companions, they're meant to be sniffers, movie A's don't bite, they
just stand over you, and in an emergency we need them, however, not this way.
And I'm just reminded of Rush Limbaugh because he said it was easier to ask for forgiveness
than permission.
I do not want to ask for forgiveness on my dying day for not standing for how we can
care for each other, support each other and create a better world.
Thank you.
Thank you.
Thank you.
Greetings council members.
I have two minutes I believe.
Thank you.
Abolition means avoiding carceral solutions.
It means preventing more harm from occurring.
This issue is all too deep for me.
I was one of the people who was defending people's park.
I remember rifles pointed at me, screams in the night, fully prepared for tear gas and
attack dogs and whatever the riot police of UC Berkeley and all its
institutions would throw at us for protecting community. I couldn't
understand why this would happen to us for serving free food, for having simply
a basketball court. Was it because we were black? Was it because we were poor? I
don't understand how anyone, including anyone representing District 7 can vote
to build on People's Park knowing the history.
Respectfully, the council member that authored this item
argues that the current approval process causes delay,
but the city overall must prove necessity.
What documented incident shows that this existing policy
caused preventable harm?
If the city manager hasn't denied a request,
why remove the safeguard instead of improving
approval process?
Ultimately, the council needs to compare alternatives.
This means faster civilian authorization,
nonviolent curtailment, improved ground coordination,
and strict limits on the mutual aid
from other counties and institutions.
Berkeley should not import more aggressive practices
from outside agencies and the historical history
of this country.
UC Berkeley should not have the precedent
to use attack dogs now if the city chooses to open this item.
I don't understand how any of our students can see this
and think that it won't be affecting them.
High risk tools, including animals.
They need a higher public standard to be in operation
before any change occurs, prove,
And tonight, prove the necessity for this.
Prove that no alternative is capable to be evaluated.
You heard tonight from people who
talked about health impacts, from people
who talked about their own history of police brutality,
who show the precedent of these items and these tools of war,
really, to be used against civilians.
And why?
Because of mental health crisis.
Why?
Because someone is doing something wrong
when they can be talked out,
when they can have sanctuary.
The city council needs to determine
what type of future it wants to go in.
I'm against carceral logic,
I'm against penalizing people,
I'm against using animals to cause harm.
Please choose.
Thank you.
Any other in person public comment?
I do wanna take a brief break before we go on to the virtual
It's been a while.
I think we've been sitting for
I don't remember how long now.
But it's been a while.
So we're going to take a quick
break and then a stretch break
and come back.
Thank you.
Recording stopped.
Okay.
Thank you, everyone.
All right, folks, if I could
have you quiet down, please.
Recording in progress.
Thank you.
We're going to get started.
Okay, we are moving on to our
Excuse me, folks, please.
We're on item 23, resolution rescinding,
resolution number 51480408NS,
restricting the use of air support in canine units
and updating mutual aid policies.
And we are moving to online comments,
so if you have any comment on this item, or 23B,
please feel free to raise your hand.
Okay, the first speaker is Mickey Duxbury.
Hi, my name is Mickey Duxbury.
I'm a 40 year resident of the city.
I'm in district four.
It's quite disturbing to me that in this political climate
we're facing in the country with understandable protests
against authoritarian rule that Berkeley would choose now
to rescind important limits to militarized policing.
There's been several references by the police
to the need for more modernized policing,
but modernized policing across the US
mostly meant billions more dollars to law enforcement instead of the programs that we
know that significantly decrease criminality, which we all agree needs to be decreased.
I thought the city was moving in a different direction. Aren't we supposed to be looking
at policing through a social justice lens? You're sending these increases access to tools that invite
escalation instead of encouraging de-escalation. Berkeley PD has used force on black people to
rate six times higher in white. Let's not kid ourselves. Canines and helicopters will be used
at that same degree of risk. Thank you. Thanks, Mickey. Next is Audrey.
Good evening, Mayor and City Council. My name is Audrey Kramer. I live in D6. I'm a Cal student in
a Cal Berkeley Democrat. I am urging you to vote no on this measure. As we know,
policing in this city and this country disproportionately affect the
minorities that you as a city say that you're trying to protect.
Loosening police limitations only expands the surveillance state that we
are devolving into. I'm also confused about the fiscal
implications of this item while the implications of this measure are quote
unquote fiscally insignificant. I know that every department in this city was
cut significantly by the budget in the last couple weeks and this
money will come from some magical rearrangement. I don't know. I am wondering if there's any other
way to rearrange this money to any other department besides this one. Thank you for your time. Have a
good evening. Thank you, Audrey. Next is former Council Member Cheryl Davila. Should be able to
unmute. Okay thanks. I wasn't at my and my husband, can you stop the clock because I have an extra
minute from my husband. He's on there. He's on the zoom. Yep, you got it. Go ahead. Can
you start the clock again, please? It's already at 156. Go ahead. I have four seconds. I'll
take it. Anyway, clock is running. Go ahead. So, um, yeah, you need to vote no on this.
Um, I can remember as a child, watching TV during the civil rights, watching dogs, hoses,
kinds of things on Black and brown people, children, and what does the It's Not Real
do, a.k.a. I.S.R.E.A.L. I don't want to say their name. What do they do? They use dogs
to attack, chase, rape, hurt people, Palestinians.
And we already know the track record that BPD has, it's not good.
And the dogs were used in slave patrols, slave catching.
That's what they did with those dogs.
And these tools are used by the Zionist.
So don't follow the Zionist ideology and also tear gas.
Yeah, it was banned for a reason.
It doesn't belong in our police department.
It will hurt people.
It will it exacerbates lung diseases.
You can't control where it's going to go because once you deploy it, everybody can get hurt by it.
And also, pre-authorization is mandatory. We can't trust them. We know they lie.
We know that they've racially profiled, and they've done all kinds of things.
You remember Caleb Moore? Remember the guy that they shot in the face?
There's a few things. So, you know, say no, no, no, no, be bold, be half-courage.
Thanks for your comment.
Next is Jordan, Jordan Harger.
Two.
Um, all right. So according to the CalCrim jury instructions,
to be found guilty of burglary, you don't need to be armed, nobody needs to be home.
I'm not trying to undermine or belittle those who've been harmed by burglary,
but it is to say that burglars is not an inherently violent crime.
And we can't let a generalized fear of crime stop us from being specific with our language
and meticulous with our policies. Regardless of the crime at issue, giving the police department
the ability to unleash police dogs upon people simply because they are suspected of a crime is
abhorrent. It brings to mind photographs of the civil rights movement and this proposed policy
in combination with efforts to increase video surveillance, reinstate tear gas and the general
kowtowing to the police department is plainly indicative of a rightward swing of Berkeley's
government. We've clearly forgotten the promises of reimagining public safety process that the
city enacted in the wake of George Floyd's murder. We have data showing wildly disproportionate use
of force against Black people in this city as much as some of these council people who
I got all these names.
Good times up, thank you.
Next is Veronica Fuchsin.
Hello, my name is Veronica Fuchsin. I sat on the city council in 1982
that voted for that resolution that you were asked to consider recently.
I worked very closely with Gus Newport and Waddell Schirik on all of the measures that
we pass and we're very proud of. I want to raise a couple issues and please if you could give me
the courtesy of a couple minutes I would appreciate it. I have seen dogs turn on their handlers.
I have seen a police dog be told to sit in a car and it jumped out the window and attacked its
handler. That's number one. Number two, a question that I have is, are any of the members of the
police department dog handlers themselves? Do they have their own dogs that they would like to use?
That was something that was raised with us when we formed that policy that you're thinking of
rescinding. Another point I want to make is surely there must be mechanical creatures that
can be little robot-like creatures that can be put into buildings. It doesn't have to be
a dog. I don't like the fact that they refer to it as canine. I think it's much better to call it
what it is which is a dog. And the last thing I'd like to say is there are going to be a number of
financial issues on the ballot and every single one of them is going to have people thinking about it.
Every time the city spends money, expenses, expensive programs, expensive issues like
helicopters and trained animals from other jurisdictions, all of that mounts up and I,
if I were in your place, would be thinking about the implications when you want people to vote,
put some money into governmental pockets that don't work right now.
Thanks, Veronica. We gave you an extra minute, but your time is up. Thank you.
Next is Rocky Chao.
My name is Rocky Chao
with the Berkeley Animal Rights Center.
I am vehemently opposed to resolution 23A
and in support of the Berkeley Peace and Justice Commission's
23B resolution.
As a long time animal rights activist,
I understand the intersection of police exploitation
of animals to implement state sanctioned violence
against vulnerable community members,
especially black and brown folks.
According to the Marshall Project,
dogs trained by police have been known to harm
And of course that makes sense.
The police forced to breed canines
to harm others indiscriminately.
Dogs are sentient beings
who did not consent to being used
as another one of police officers' toys.
If cops want to chase someone down
or gain compliance, they should just try
doing that themselves, as they're paid
exorbitant amounts to do.
Using canines as weapons or tools
are not modernization.
It is straight up animal cruelty
and a waste of our tax dollars.
animals do not deserve to be exploited. I urge the City Council to unanimously vote
against using dogs. Also, Free Palestine.
Thank you.
Next is Michael Lyon. Michael, you should be able to unmute.
I want to know what's on your mind when you're proposing all these police and surveillance
measures against us. Do you think your guns and tear gas and dogs are going to stop us
from demonstrating for what we deserve? They had guns, gas, and dogs in the south, but people kept
demonstrating. They had guns, gas, and dogs in 2020, but millions marched against police murders
of George Floyd and Breonna Taylor. What makes you think that you can stop future class struggle?
The more you pass laws like this, the more people will realize that the whole capitalist system has
to be overthrown, thank you. Thank you. Next is Berkeley Neighborhoods.
Oh, that's me, Christopher Crowell. I'm actually speaking for myself. I hope the council today
is reading the room. I think it's very clear that we need to maintain civilian control over
police activity. And as Kelly Hammergren pointed out, the city manager is never far away. This is
not 1982 anymore as one of the council members pointed out. Secondly, this is animal abuse.
We have a horrible history in this country of using animals, dogs against people. It is animal
abuse. I was in a Richmond vet veterinary office where a former police dog was brought in. They
had to get everybody out of the office. The dog had been so traumatized. I don't know if it was
shot or whatever. These animals don't choose to do this. Police officers, the people in
front of you wearing police uniforms, they chose to do this. These dogs do not choose to do this.
So, please do not approve this retrograde request. We need to maintain the current.
Thank you. Thanks for your comment.
Next is Mina.
Hi. I want to share from the ACLU and the Physicians for Human Rights report from 2024,
which found a lack of transparency and accountability regarding canine units across
California where no agency reported that it disciplined any officer for any use of force
involving canines. The ACLU also found that two-thirds of Californians severely injured
by police dogs are people of color. My god, black Californians are 2.6 times more likely
to be seriously injured by police, police attack dogs than white people.
That can't be true, everyone.
Are you serious?
The police weapon or tool being disproportionately used on people of color?
Wow.
That's how all of you sound.
By not standing up and adamantly admonishing and condemning something so backwards.
Why now?
After 50 years.
Consider this.
Why?
That's it.
Thank you.
thank you Maryland thank you madam mayor members of the city council i'm a resident of district
four and a member of the berkeley society of friends and its racial justice action team
the berkeley society of friends supports the recommendations of the berkeley peace and justice
commission the commission recommends is an alternative to the kesarwani proposals to lift
restrictions on these weapons and tools to retain the existing 2020 bands on
chemical weapons, CS and OC, and the 1982 bands on police
dogs and helicopters. Two, to request the city manager
engage in academic institutions such as UC Berkeley, UCSF or Stanford,
to study the health impacts of tear gas and other chemical weapons and canine
support, potential short-term and long-term
impacts on vulnerable populations and possible alternatives to the use of chemical weapons
that provide officer safety, suspect safety, and safety to the general public. I speak in
opposition to the police department. Thanks, Tom, and I'm sorry but your time is up. Thank you.
It is virtual meetings. You should be able to unmute.
My name is Wendy Alphson from District 4 long-term resident,
also with a Berkeley Friends meeting.
Just want to point out in opposition
to rescinding the current resolution
that what is being requested of you
is that the police can use the dogs
for a person who is not a threat to human life,
who is not a suspect reasonably believed to be armed
with a deadly weapon,
and where does not in a controlled contained area
where there are no known occupants.
So you're gonna expand that to some suspect
who's wanted for a violent felony
that's not a threat to human life,
where they possess a weapon likely to cause serious bodily
injury that's not a deadly weapon and etc.
Thanks Wendy. Next is Jacob.
Hello everyone my name is Jacob Dadman. I live in D3
and although I serve on a city commission I'm just here as an
individual. I'm not going to be able to separately
comment on the tear gas item so consider this comment on that item
as well. I'm here expressing my disappointment that the city is
spending its time creating more avenues for policing that's
based on fear and intimidation and pain.
The tools being discussed today have a shameful past
of being used to repress and attack innocent people,
and police canines and air support in particular
have a particularly racialized history.
Public safety is a huge issue for Berkeley residents,
but this doesn't make people feel safer.
Given that we are seeing a historic downward trend
in crime across the board.
I support council member Bartlett's resolution
to update the existing resolution
to include new policing situations.
Thank you very much.
Thank you.
Next is Cindy.
Yeah, hi.
My name is Cindy Shamban and I live in district four.
And I really support a lot of what is being done
being said and I just want to put my name in support rather than kind of repeating everything.
But two things come to mind and one is the Chief mentioned that there were or Deputy Chief that
there were several different kinds of dogs and that they never knew which one they were gonna get
and that seems to put everybody in more harm. The other thing is that with helicopters,
If they're being used to go after people,
next is Joel.
Hi there. My name's Joel Gerwein.
I'm a resident of district two.
I'm speaking against this measure.
I just want to echo the sentiments public safety.
You know crime has been on a downward trend.
This is not the time to authorize these kinds
of expanded violent measures by police.
It's the time to invest our resources in our communities
as a way to keep improving public safety
in a much more constructive fashion.
So please vote no on this measure, thank you.
Thank you.
Next is Russell.
Well, I've found that when I know what I'm feeling,
I can deal with a little bit better.
And lately, a word came to my mind
as I'd been listening to this tonight,
dread the second definition.
It's an intransitive verb.
It says to anticipate with alarm, distaste, or reluctance.
Now, I'm reminded quite a bit of that was the feeling
that I had when we went overseas in 1968.
I was alarmed, distasteful, and reluctant to go, but I won anyways.
The robot dogs that somebody suggested we get, the Army and the Marines have been implementing
robot dogs for a while to carry their baggage.
But now, as I understand it, they've enabled the dogs to be able to fire quite accurately
rifles and or machine guns.
So what we see today may not be what we see tomorrow.
Thank you very much.
Thanks, Russell.
Next is Julie.
I think, I think I can still speak.
Yeah, my name is Julie Dickey.
I'm district four and I'm speaking against this.
We've been reminded over and over about the city's fiscal deficit.
So forgive us if we are particularly sensitive to increased spending for programs that we
don't see as helpful, while ones that have proven their worth are being cut.
The fact is, fear is the current ocean we are all swimming in.
It's a very well-honed strategy from the top of this regime, and the purpose is to
have us all turn against each other and be afraid of each other. Maybe we in Berkeley
could just pause and show the rest of the world, Berkeley, this one place, refuses to
live under this contagion of fear. Thank you.
Thank you.
Next is Mimi.
Hi, my name is Mimi, I'm 11 District 8. I joined the Commission call earlier this
year on these proposals. Around 100 Berkeleyans spoke passionately and
eloquently from a diversity of backgrounds and experiences against
these proposals. Not one person spoke in support, just like what's happening here
tonight. Each person was respectfully thanked for their comment, and then the
the commission move the items forward.
That is the M.O. of this council.
Listen condescendingly to outraged, fearful, passionate
and unanimous public comment and then support the opposite.
I am disgusted, embarrassed and appalled
by the council members who support these measures
and the flock expansion.
Thank you.
Next is Cece.
Hi, can you hear me?
I'm just another Berkeley resident echoing the comments
from the many people who we spoke in that attacks dogs,
attack dogs are a terrible idea,
especially if we've not that long ago been sued over them.
So it's a shocking to me as to many people
that it's a possibility that you might
vote to make this okay.
Also against using a weapon against citizens
that have been, that's been banned from use in wars.
Again, that's just hits a person in the gut.
And then against the use of police helicopters
which are intimidating
and would give our town the feeling of a police state.
I hope you vote no on all of these.
Thank you.
Next is Jonathan.
Can you hear me?
Yes. Yes.
I've only, I've lived in Berkeley for a few years,
you know, I could turn yours down.
And I've only seen crowds associated
with anti-Trump protests, anti-ice protests,
pro-Palestine protests.
And I have to wonder why we need
such serious crowd control utilities.
I mean, is this what we need to control?
Why does Berkeley need this stuff?
It just seems so strange.
So that's all I wanted to say.
Is that what we want to control?
Crowds associated with pro-Palestine,
anti-Trump or anti-ice?
I'm done.
thank you. Next is Paola Laverde. Yes good evening council members and
Madam Mayor Paola D5. I am asking you to please support the
police accountability board and the Peace and Justice Commission's
recommendation. Vote no on council member Casa Rani's proposal.
This past March the Berkeley Police Department talked about how crime is
down in Berkeley by 11% overall, thefts fall 16%, burglaries fall 9%, robberies fall by 20%,
although aggravated assaults went up by 16% and sexual assaults by 13%. I also want to mention
that the Los Angeles Police Department last week cancelled their
flawed contract and it came out today or this week in Wired magazine about how
drones being used in San Francisco the video was being you know distributed all over the internet
so vote no we don't need more authoritarian rule this is not what Berkeley's about thank you
thank you that's it that's the last speaker okay thank you are there council member comments on this
the city. So I'm going to go to the next item. On either item actually 23 air be.
Yes, go ahead. Councilmember of the I have a question that I thought about in the in the meantime. Is there any scenario where a.
sweep that that wouldn't hit any of the criteria unless there was something we
knew about an individual who was wanted in connection with a serious felony or
that met any of the thresholds in here so the general answer would be no. Okay
thank you. I have more comments later but I just wanted to ask that. Actually I
have an additional question as well. I know there was some folks who brought
cost and I think it would be helpful to understand what the cost associated
with this item looks like. I think it would be helpful to give folks an idea.
So there are no additional costs associated with it? I understand that but
what is the current cost that we, you know, expend in using police and
helicopters, police helicopters and canines? Like do we? It's mutual assistance so it
would be like an officer from another city asking for an officer to come over
and cover them on a car stop.
So there's no additional charge?
No.
Okay, so thank you. Thank you.
Could you could you speak to the reimbursement aspect of that please?
No, I can't think of, there are any reference to mutual aid.
So if you know city comes and provides mutual aid which is a process through the county where whatever our response has exceeded the capabilities of the jurisdiction for things like natural disasters, unplanned events, there is a process where that agency can seek reimbursement.
That is not the case for mutual assistance that we get for the use of these types of tools.
I appreciate you clarifying that and then I think that was my only other question.
I will go to Council Member Humber for comments.
Thank you Madam Mayor.
I want to thank Council Member Kessarwani for bringing this item forward, Chief Lewis and
Arlo for their work on it, Deputy Chief Tate as well as the City Council Public Safety
Subcommittee, the PAV and the Peace and Justice Commission for its presentation.
I think that Councilmember Kesserwani's approach simply makes sense.
I think that we should, as we are doing, establish use policies and limitations, and the ones
in this item are very limited and restricted, and trust in our Council-appointed Police
Chief to carry out those policies.
In the event that a Police Chief abrogates those policies, our Police Accountability Board,
Manager and Council have the ability and necessary tools to address policy violations.
The current approach, our current approach, which requires prior approval seems to rest
on a fundamental assumption of disagreement and distrust between the Police Chief and
the City Manager and the City Council, and I don't believe we currently suffer from that
level of distrust.
We have an excellent Police Chief and Deputy Chief, who I believe work very hard to carry
out the policies established by this Council.
When lives and public safety are on the line, that is not the moment to be teeing up a required
choke point and potential conflict between the city manager and the police chief or watch
commander.
In that moment, the police chief and or watch commander will have ready access to information
the city manager may not and which the city manager cannot reasonably absorb or critically
evaluate in a reasonable amount of time.
and of course I'm dealing primarily here
with the change in process.
The heat of the moment is not the time
to be adjudicating the finer points of our use policies.
And again, if heaven forbid we were to have a police chief
engaging in more egregious violations of these policies,
that would point to a bigger problem
that requires a different approach
than instance by instance approvals from the city manager.
Similar to some of the comments I gave earlier
on the ODPA report,
I think our current policy focuses on the wrong things.
I think we made a mistake in adopting policies
that compel the city manager
to routinely make split-second decisions,
potentially second-guessing the helicopter
and K-9 unit use decisions of the police chief
or the watch commander.
I don't think this is an effective mechanism
for ensuring public safety
or protecting the civil rights of Berkeley residents.
I therefore will be supporting this item
and I move its adoption.
second I'd actually like to make a friendly amendment I think now would
probably be an appropriate time so that way council members can comment on it
he'll give me a moment I will pull it up councilmember Kesser want his item yes
that's correct yes that's correct thank you mr. clerk thank you so the the
The proposed friendly amendment would be to add back this section about provided that
the suspect is in a controlled, contained area and there are no known occupants of the
area other than the suspect, focusing instead of on a deadly weapon as opposed to, I think
the wording is not sure if, sorry, I don't have, give me a moment.
So instead of there's a reasonable belief that the suspect possesses a weapon likely
to cause serious bodily injury.
My suggestion is a deadly weapon specifically.
And then some changes here that would tie back to that.
And then also specifically listing homeless abatements
as a categorical prohibitions.
Because although you didn't say
that that was included as a possibility,
I think it's good to lay things out clearly.
That would be the friendly amendment.
that's a good question. Thank you.
over-limiting to our ability to use it in a condition under which trained
canines could be deployed safely even in such an environment. This would reduce
all those opportunities by doing that. So I don't think I can accept
that. I do want to ask about this insertion of deadly weapon because I
believe previously we just said possesses a weapon likely to cause
serious bodily injury is there when we use the adverb deadly I mean does that
have a is that like a term of art that's different from just saying a weapon
likely to cause serious bodily injury yeah I think we could work with that
language but how I would interpret that language would be a deadly weapon would
be a weapon that could likely cause serious bodily injury so I guess I would
want to hear more about what was expected by that word deadly.
Okay, yeah it's just it would return into the word that existed previously I think that my concern is that there are a lot of things that could be used to cause deadly bodily injury like a sharp stick could even cause bodily injury so I think this just makes it more specific towards something like a gun or a knife or something like that.
Yeah, I guess my only concern would be if the individual had been engaged in some activity
with whatever that item was that is not traditionally a deadly weapon, but is by their behavior
before they went into an area that we needed to apprehend them in.
If they had exhibited something that made that item whatever it was being used as a
deadly weapon, would it be precluded from a canine deployment based on the word deadly
having been added?
I think what you just said is that if the person had previously used whatever it was,
that object, as a deadly weapon, then that would be a deadly weapon.
Let me give you an example, you know, is a rake, you know, is a rake considered a deadly
weapon, not traditionally or typically, but if that person was doing something, swinging
at people, had just attacked somebody with it and then fled somewhere, you know, my interpretation
would be that that language would then allow us to deploy the canine based on that, and
And I just want to make sure that that's what you mean
by the word deadly.
I think if someone had killed somebody with a rake
I would consider, I would be very surprised
and I would also be surprised if a rake was being used,
excuse me, if a rake was being used in,
can you say more about?
I guess what, the qualifier deadly weapon
does not necessitate that that actual weapon at that time
by that person caused death before we,
it's the fact that they have something,
they've shown an indication by their use of it.
So typically, somebody having a garden tool is not,
you wouldn't think of that as a deadly weapon.
But if they were doing things with garden shears
or a rake or whatever before we lost sight of them
as part of the crime that they had,
then for me, that would be a deadly weapon.
That's a thing that they have showing the propensity
for causing great seriously bodily injury with.
What I'm hearing, Chief, is that you're saying
that there's not much of a difference
between the two verbiages, so that would be-
as long as I'm understanding that that would fall within the definition of what you're
suggesting by deadly.
I mean as long as that aligns with our previous definition then that would fall within it.
I would say so.
Okay so then the other change you scrolled beyond it if you want to go up a bit is to
remove the suspect is wanted in connection with a residential burglary.
I'd be concerned about taking that away.
Do you want to opine?
Yeah, I mean, I think we provided the instances why it's importantly concerning to us that
type of particular crime.
Obviously, whatever Council's direction is, we will follow in adopting the policy.
But that's my primary concern with that.
Councilmember, I think it might be best, since you're the one who has to accept the friendly
amendments or not, if you could just state your opinion on these different changes.
otherwise it's hard for us to know what you would be okay with accepting okay
well you know given that you're just presenting this now and I haven't had
the Chiefs input I feel that that's also important I am prepared to give you an
opinion but I want to hear hers as well so we can go on so in terms of deadly in
the other paragraph it seems like that doesn't change what we've already said
which is causing great bodily injury. It seems like it's just an extra word so I
don't have a problem with that and I don't have a problem with homeless
encampment abatements as a prohibited category since it's clear that that
action just it doesn't qualify as an authorized use so I'm happy to clarify
that in the prohibitions. Did you have anything further below? No that's it so
just to clarify this is over it again what I will accept and what I won't
accept. So I won't accept provided the suspect is in a controlled contained
area and there are known no known occupants of the area. I will accept
deadly weapon in point two and I won't accept point three being removed and I
can accept those other three red words in paragraph C. And your seconder? Yes, I
I could accept the same things that council member Cashewani could accept.
Thank you.
Okay.
So additional comments from council members.
Next is council member Humbert.
I'm sorry.
Oh, yes, council member Bartlett.
Thank you.
I'm curious, it's operationally with the 30 minute delay.
That's at issue here.
I'm curious.
that's a good question. So I'm
potentially continue that until we have the assets available or resources
available to get there. Also for the for the example of a helicopter that delay
means that likely we no longer have identified have that I suspect located.
Well I know I mean the just the like what is the the process delay exactly
like you know is the chief are you called this cops calling the chief
she's calling City Manager.
So we're just giving the okay.
The on-scene supervisor is asking to watch Commander.
It's going to the Captain who's calling me.
It just happens to be usually about three in the morning.
I then am asking pertinent questions.
I contact the City Manager.
I get him on the phone.
There are sometimes an additional question
that he might ask that I didn't think to ask
that I might have to call back to the Captain
to get feedback from before I call back to City Manager.
And then it's gotta go all the way back down
that resource going then we have to contact the resource and get the resource on its way.
What if you had a group text? It's a conversation around me asking questions about
how long has it been, what was the weapon, did people actually see the gun, what was the crime,
have you contacted witnesses, all those questions that I know the city manager is going to also be
asking me so that I can do that. But what if he could have live eyes on those questions
and then could respond to the questions real time? Every minute that we are not either
either containing or getting a helicopter coming
so they can begin the pursuit of the vehicle
means we've either lost the pursuit
or that we are putting the community
and the officers at risk.
Okay.
Did you have any other comments or just those questions?
Council member, did you have?
No, no, no.
Okay, all right, council member Trico.
Thank you.
A couple of questions.
I am, I'm trying to wrap my head
around two, eight, three the suspect is wanted
in connection with the residential burglary.
Could you define or elucidate on the difference
between a burglary and something like a robbery in progress?
Can you specify what the needs analysis would be
for a burglary?
And then lastly on this, wanted in connection with,
I mean, I have absolute faith in the professionalism of PD.
I've said that many, RPD, I've said that many times
from the guys, humans can make mistakes.
What if this is someone who may be wanted,
but you know, turns out it's a, you know,
what you're talking about is
someone else.
The culprit, what are the
safeguards that would be in
place at that point?
Yeah, a couple things.
Quickly comment on the
different...
Sorry.
...roberina burglary.
What we're talking about with
the residential burglary is
either a suspect is known to be
in a house and, like we said,
this is the safe space.
This is the place where someone
is most at risk.
and is in a contained area that has fled
from that kind of crime, that's a very egregious crime,
or is potentially in that residence still,
and we're trying to locate that person
knowing that they're inside.
The difference between that and a street robbery
or a robbery is that you don't have
that same contained environment where the person,
but if the robber that was an armed robber
fled into a block and was then in a contained block,
then it would fall underneath the category
of an armed and violent felon who has the weapon.
as far as, I'm sure it was the second question,
was about...
Well, mistakes of identity.
Oh, mistakes of identity.
And what I shared earlier about the process
that you go through before you deploy a dog
and the mistaken identity and things like that,
that is why exactly why you have leads,
that's why you then make announcements,
that's why you do all those steps first
before you deploy a dog to apprehend in a way
other than finding by the arc, you know,
to locate, to do search, to do announcements and call-outs?
So you mentioned contained space, or enclosed space.
And it sounds like that is an element
of like a decision analysis around deployment.
So then, it was also mentioned that it is your,
judgment that using the terms over using just including the limitation of a
contained space is I think you used the word over limiting so I'm just trying to
grapple with that and could can you explain what the like how those two
and when I say contain space,
what I mean is there is an area
that we were able to contain,
which is a law enforcement term
for how we believe the suspect
is in this area, and that's
different than there is a
contained space where there is,
we can guarantee without any,
I mean, if you think about it,
there is a lot of concern that
there is a lot of concern that
we will just go down the street
with a dog and have a dog
running around looking for
somebody, and so when I say
contain space, what I'm meaning
think about it if a block is contained and people are inside that in and people
are in their houses inside the block they're not at risk of that dog but it
is not an area where there are no other people around and so what you normally
would see is there's a yard the yard is secure we would make announcements we
are entering this yard there is a police canine come out or the police
canine will come in here and search this yard that allows residents there and you
know we've done notices and knock on talks on doors often and said shelter in
place and things like that to keep that that area is may not be you know
guaranteed to contain because you've got a part of it is the house where people
are inside of and so those are the kind of differences between a contained and
nobody else's in and contained being meaning we know we have this sort of
general area held and we have a contained environment that we can remove
every single individual from before we
Okay so if I understand contained in this context it may not necessarily be a room where
there's reasonable probability of just a suspect being in that room. It could be just any kind of
maybe not perimeter but like a yard including a yard that could potentially have multiple
units multiple residents multiple pets in that same or living in proximity to that yard within this
the same parcel. So the way that it's going to be deployed is in consideration of those factors.
Can the dog be safely deployed off leash which is less common or is it more safe to be deployed
on a leash because we can't guarantee that that is,
and that's why you do warnings beforehand.
That's why they use leash control now
is in order to protect against those things
and to mitigate those risks.
Okay, thank you.
So I'll make my comments now.
I understand and respect the, you know,
the desire to want access
to additional tools and I understand that this is driven
by the desire to reduce harm to police staff
and our residents.
In terms of the things that I feel are reasonable
and I could get behind, I'm going to,
I think we're just talking about canines right now.
So, the item includes both canines and helicopters
just to be clear.
So you can, I would like to sever that.
You're making a motion to sever the helicopters
and the dogs?
Yes, for discussion purposes.
Okay, all right, thank you.
So for canines, we'll get to helicopters later,
Echoing the PABS assessment regarding the absence
of a demonstrated needs analysis
and given the information provided tonight.
You know, I have some questions.
I have confidence about the professionalism of RPD,
but absent the needs analysis
and kind of a lack of information
about what type of training the unit has received.
And this is not even necessarily our unit.
It would be allowing other PDs using mutual aid to come in.
So I'm not comfortable at this time approving canine deployments beyond those authorized
to locate crime scenes or physical evidence,
missing persons, explosives,
special events, kind of bomb threat task force operations.
So those uses seem appropriate and justified to me
at this time.
I don't have enough information to feel comfortable
approving other K9 uses.
Thank you.
Thank you, going to Vice Mayor O'Keefe.
Are you all going to boo me?
All right, okay, please come on.
All right, council, Vice Mayor, I don't know if that was the most helpful comment, to be honest.
I agree, I agree, I'm sorry, I just wanted to get that out of the way.
Okay, folks, please, just better finish her comments.
I'm just going to make my comments, they're not that long.
Actually, I want to appreciate Council Member Humbert.
I want to associate myself with his comments that he made eloquently earlier tonight because
there's a logic that he expressed that I'm just going to echo here, which is what we're
discussing tonight is actually what the rules should be.
That's the only thing that we're really talking about.
And reading these proposed rules, I think they are reasonable and justified.
And I understand my colleagues may disagree and that's fine, but I find these to be reasonable.
I do understand that there are a lot of people tonight
who don't believe, and I don't know what you believe,
but I think there are probably some people here
who believe that the police cannot be trusted
to follow their own rules.
And I understand that.
I respect that belief, honestly.
A lot of people believe that.
But from where I sit up here,
as someone who's been entrusted by the people
to help oversee the city's government,
I have to believe that the police
will follow their own rules.
And if I didn't believe that,
if I did not believe that they were capable of doing that,
I would, I wouldn't be up here debating this.
I would be calling for the chief's resignation
because that would be a much bigger problem
than the minutiae of some rule.
But I'm not doing that and no one up here is doing that
because our police leadership and the force itself
has proven time and time again
that they can follow their own rules.
They do respect the rules.
They have earned our trust.
And so because that situation is fine,
I am going to look at this item as,
are these rules reasonable?
I'm going to assume they will be followed.
If somehow they are not, we will have a discussion.
There's a lot of accountability built into this item
and of course, our general system with the police.
And so looking at it through that lens,
I am fine with this.
And I actually completely agree
with Council Member Castor-Juanese's choices
as about which of those proposed amendments to accept
and which ones not to.
I think that was exactly right.
I think some of those things are worthy of clarification
and some of them are a little too limiting.
And so I support the motion.
I don't need to say anymore,
but I just wanted to explain my logic,
the way I'm looking at it.
And I understand that many people here disagree
and that's how it is.
I hope you understand why I'm voting the way.
Excuse me, folks.
All right, that's enough.
stop, Alana, stop.
Council Member Blackaby.
Thanks, I actually wanted to come back quickly
to the question about the residential burglary real quick.
Could you pull that back up?
One, whoever had it, one thing I just wanted to ask
the Chief, I'm just trying to find a way forward here.
Is there a difference between an active burglary
in progress versus the investigation
of something two weeks later, for example?
Absolutely.
So my proposal would be to be something,
and maybe this is a way that we could work this,
is to be something like,
the suspect is wanting a connection
with an active residential.
In progress.
In burglary in progress,
whatever the language is that would,
because to me that's the moment that the urgency
around this would demand.
If it's in connection with the burglary
and there's an investigation two weeks later,
that feels a little broader and not as necessary.
Yeah.
Okay, so, yeah.
And I did want to find a way to incorporate as much from the mayor as I can.
So if we say the suspect is wanted in connection with the residential burglary in progress,
it sounds like that would allow us to use this, the canine tool, you know,
with the belief that the person is still in the house potentially or nearby.
Correct. Having just committed the burglary.
Okay. So with that, I can accept that.
I still, so yeah, so everything else still stands.
So that yellow portion remains the only portion I can't accept.
Okay.
Thank you.
I appreciate it. I'll also accept it as the second.
Sorry. Thank you.
Thank you for coming over.
No, I appreciate that because I think that gets to the spirit of it,
and again, that makes me I think more comfortable as well that it's,
These are all about things that where there's urgency and time is of the essence and we're
in the moment where the response at that time is really important because a lot of what
this measure speaks to is the response of that 20 to 30 minutes at a critical time in
the middle of an incident.
And so I think that's what all those things do have in common.
So I support that.
Again, I do want to emphasize that we are currently using these tools.
So we're using canine tools and air support in limited and targeted ways, four to five
helicopter support tactics a year, eight to ten canine units.
It's my belief and expectation this will continue to be very rare.
We will monitor this.
We will have an eye on it in terms of the report back that we get.
And we have very clear direction in terms of the circumstances when it is allowable
and the circumstances when it is not.
is explicitly prohibited for crowd control in all scenarios,
is explicitly now prohibited for encampment sweeps.
So I feel comfortable in terms of the clarity of the limits
and also the look back and the reporting mechanism
that we have to ensure compliance on the back end.
I do think that improving the department's ability
to apprehend suspects in these very targeted ways
and reduce the 20 to 30 minute response time is important.
And that is important to my constituents
who will be calling the police department
and expecting a response.
So with those changes that we've talked about,
I'm comfortable supporting.
Thank you.
Thank you.
Apologies, I'm just trying to make sure,
timing of things.
Okay, yes, Council Member Taplin.
Thank you very much, Madam Mayor, and thanks everyone.
I appreciate all the speakers.
I would like to associate myself with the remarks of the vice mayor and council members has Ronnie Blackaby and Humbert. I appreciate the limited scope of uses the targeted.
Spanish scenarios.
I, I understand that people are concerned about this being potentially used during crowd crowd events and I appreciate that being.
declaratively prohibited along with human sweeps.
So I'll be supporting the motion, thank you.
Thank you, other comments?
Yes, Council Member Bartlett.
Thank you, and I wanna thank everyone.
It's been a really lively debate here, learned a lot.
And I wanna thank BPD for the work you do.
It's always, I support you and I want you to have the tools.
You need to keep us safe, keep yourself safe.
But here, I'm just not persuaded
that the record establishes an emergency
requiring this policy change.
We're being asked to expand the circumstances
in which outside police dogs may be deployed in Berkeley
at the same time reducing civilian oversight
by replacing city manager approval
with approval inside the police unit command.
And that is substantial policy shift.
And the item sites approximately eight to 10
K9 requests a year,
but it does not provide incident level evidence
showing how many requests were delayed,
how many were denied,
would harm resulted from these denials if they were there,
or the process, or why narrower amendments
would be insufficient.
And in frequency, it has not established urgency.
And general statements about operational flexibility
are not a substitute for evidence.
I can support a narrowly tailored amendment
addressing clear, non-force emergencies,
such as locating a missing child or detecting explosives,
but the city has not established a sufficient basis
to authorize broader apprehension deployments.
potentially severe force, which is already traumatizing just thinking about
it for many of us, should not be expanded on a speculative record and
crime is the crime is declining. These deployments are infrequent. The city has
not identified a pattern of failed outcomes under the current policy and
it's declining crime environment is not the time to dot broader use of force
authority based on hypothetical scenarios. The proportional response
to preserve the existing safeguards, gather the necessary data and consider
narrowly tailored exceptions for genuine emergencies such as missing children or explosive detection.
The burden is on us to demonstrate that expansion is necessary.
It is not the public's burden to prove that police dogs are dangerous.
On the record before us, that burden has not been met.
I will not be supporting it.
Thank you.
I want to appreciate everyone for coming this evening and sharing your thoughts.
And thank you so much to BPD for answering all of our questions and for, you know, working
to help us understand different aspects of policing.
I want to make sure it's really clear, I do understand the need for reducing the time
that it takes to request services, especially if there's a missing child and we're trying
to find them, or there's a chase, a helicopter that is needed to follow somebody.
I understand that, reduced time, and so I don't have a problem with that.
I'm really more concerned about having dogs and canines and using them for purposes in
in which people could get hurt,
and so that for me at the end of the day
is really the issue that I have with it.
I also wanna say police safety is very important,
and it is, I understand what you're saying, Chief,
about wanting to make sure that an area is clear of harm
before sending our officers in,
and also I'm very hopeful that we have tools
that are able to do that inside in a safe way
that doesn't hurt an animal or a dog, potentially,
or a person.
And then, you know, the other thing I just wanted
to comment on is the trust piece here
that we're talking about a lot this evening.
And I think what's really hard is that, you know,
I do trust our police department
and I've had many good conversations,
interactions with our officers.
They've been very professional
and I've seen many instances
in where our police officers have done really amazing work.
So I do wanna make sure it's clear.
I think it's important that we separate our trust
for the police department and just whether or not
we wanna have these tools be available in our city.
And the other thing about trust that I wanted to bring up
is that I think it's really unfortunate
that in bringing this item,
I think that it did impact the trust of the people
and that feeling that now to bring these items
during a time where we're seeing our federal government
misuse them and abuse them.
Not only the federal government,
but other police departments across the country.
I just think the timing is really hard
to be having these conversations.
So, you know, with this item and with the next one,
that for me is a big issue.
So I will also be voting no on this item.
So what we do, we did sever it.
So just to be clear, I know we're very focused
on the canines portion, but yes, Mark,
do you wanna give us a sense of where we're at,
please, procedurally?
Well, my understanding was Councilmember Tregu
severed the discussion, not the vote.
the resolution contains both pieces
around canines and helicopters.
My understanding was that he severed the motion
for two hours to discuss it separately, but...
Yeah, if there's a clean way to vote right now
on the part of the motion that includes reference
to canine use but not helicopter,
and then we can get to the helicopter right after.
That would be my preference.
OK, so you have made a motion to sever the vote.
Sorry, yes, go ahead.
Make a request to sever.
Make a request to sever.
There's one resolution.
So we would have, yeah, there's two separate components
to the resolution.
So we could vote on the policy in, I guess, number two
is canines, and three is helicopters,
to deploy helicopters.
But I'm not sure.
Yeah, and then point four mentions both.
I guess the assumption is, if it's severed, then.
Would it be easier if I sever out part three right now
and that's what we return to for discussion?
Well, point four mentions helicopter support
and canine deployments.
Sorry, could you?
And so does point one.
We can discuss them separately
and take one vote on the motion to approve the resolution.
I'm sorry, I can't quite hear you.
Mark, can you speak up a bit?
Well, I mean, you can discuss the two topics separately.
The question is if the council members asking to vote
on the use of the number three regarding helicopters,
vote on that separately from number two,
the deployment of canine teams
or just wants to discuss them separately.
I think he's saying he wants to.
Sorry, I think he's saying he wants to vote
on them separately, is that correct?
That's correct, but if it's to.
So let me just pause you really quickly.
So can you explain to us how we would do this?
Because I see what you're saying about number one, including both.
But I don't see that as.
Number four includes both as well.
And number five covers approvals for both.
But I mean, but that's fine.
But I think it can be separated still.
Yeah.
So I think, Mayor, if you want to put, since you have this sort of Google Sheet
version, if you want to mark up.
So if you just voted on canines first,
or it sounds like,
I'm presuming how you wanna vote, Council Member Trigga,
but if you wanna just vote on the helicopter first,
you could strike anything related to canine.
So it's striking number two in full
and it's striking mention of police canine units
in number one and striking canine deployments in number four.
And then I think you have a resolution
just related to helicopter support.
I mean, if they both passed, that's not an issue,
but it is good to, in the severed,
the motion that's the two motions on the severed portions
is that we'd be voting on the policy in number two
regarding canines and if that fails,
then references to canine deployment throughout
would be edited.
And say insane with helicopters.
OK, so if you want to do like do it in a different color,
Madam Mayor, just like a strike through or it's not a strike
through because it's it's still there.
It's just he wants to vote on it separately.
So you could put it in a yellow.
Yellow will be hard to read.
Why don't you do like purple?
Oh, you're highlighting.
Yeah, I'm just fine.
OK.
OK.
All right there.
You just incorporated edits.
We accepted before I see those.
I have not done that, but I can add that on there.
the deadly and the encampments.
I'm wondering this, I don't want to make this.
I think we can figure it out.
You should just hold tight, one second.
All right, just wait a second.
Okay, sorry.
And then should I extend time for 15 minutes
just so we can make sure we get this done?
So I'd like to move to extend time to 11.15.
Second.
Second.
Okay, can we take the roll on that, please?
Okay, to extend the meeting to 1115,
Council Member Kesserwani?
Yes.
Tapland? Yes.
Bartlett?
Yes.
Tragob?
I am.
O'Keefe? Yes.
Blackaby? Yes.
Unapara? Yes.
Humber? Yes.
And Maryishi?
Yes.
Okay, motion carries.
Okay.
I'm just looking at some.
I mean you don't have to highlight each mention
because I mean, depending on what the action passes,
you know, my office can edit resolution accordingly. Yeah, I just sort of want to make it clear what everyone was voting on so that it was that part was clear. And then, Madam Mayor, I just want to make sure you still have the edits that we are accepting from before. Yes, I will.
But just to be clear, this part does talks just about the canine. So I will highlight that and then I will do it all. And then I can do a.
suggestion here for the other changes. Oh, okay. Give me a second. Okay. All right.
I can work on that though. I think that as long as everyone understands that
we're voting on just the helicopter piece first, does it matter? Yeah.
Helicopter piece first. And then... The kits are all in the K9 section anyway, so you can get
those in. Yep, we can. Yep, thank you. Okay. Are we ready to vote? Okay. I think we're
ready to vote. So which portion? So for the helicopter support version of the
resolution first. Okay, so on the which is which is striking these yellow
highlighted sections related to canines. So we're voting whether to include
Number three, regarding helicopters in the resolution
and associated references to helicopters.
We're wondering whether or not to keep helicopters
in the resolution.
That's the first severed portion that we're voting on.
Yes.
So a yes vote would keep helicopters in the resolution,
a no vote would mean it would not be included.
Yeah.
OK.
On the severed portion of the motion,
Councilmember Kessarwani?
Yes.
Tapplin?
Yes.
Bartlett?
Yes.
Tragob?
On the severed portion, no.
This is the helicopter section, just to clarify.
Yeah.
I had comments about that, but I am going to pass.
the city. Thank you. Thank you.
to and other associated references to canine deployment.
So, Mr. City Clerk, does it just become now that we are including helicopter support,
we're just voting on the entire resolution now?
Yeah, so if this severed portion passes to include canine references,
then that effectively adopts the original, full original resolution with the amendments.
And then the mayor is just adding the amendments?
Correct, yes.
Okay, we already agreed to.
Yes, these two severed portions constitute the full adoption of the reso.
Okay.
Okay.
On severed portion number two regarding canine deployment, yes vote to adopt the references
to canine deployment, of course a no vote would mean to not include it in the resolution.
Okay.
I just want to be clear because it doesn't look like the mayor has added those amendments
I agreed to yet, so is everyone clear on what those were?
Oh, okay.
Sorry.
the second. So we're going to
okeef yes.
Blackaby yes.
You know para no.
Humbert yes and Mary she no.
A motion carries resolutions adopted with the the.
Okay folks.
That's enough.
All right.
Okay folks.
Folks Andrea please.
the city. And we have we have.
Other items to discuss so please.
All right so. So excuse me.
Mark just to be clear what
happened with 23 be can you just
before we got into the severing portions,
I was gonna say that we should have included something
in that original motion to dispose of 23B,
but there could be a simple motion now.
I mean, the action on 23A would seemingly preclude 23B.
Sorry, I can't quite understand what you're saying,
but I hear what, I think what you're saying is that
since we did not address 23B,
we need to have a separate motion.
So just to not adopt.
take no action to make a separate motion to accept no action yes I I move to take
no action on item 23 B and I second that can we take roll on that please okay
Council member kiss their wani yes tap when yes Bartlett pass trego hi okay yes
black would be yes we'll para yes Humber yes Mary she yes and customer Bartlett
yes okay 23 B is that action disposes of that item okay so thank you very much so
So since we still have another item on the agenda
and it is almost 11 o'clock,
I would like us to, do we need to make a,
remind me, sorry, do we need to make a motion
to move it to agenda and roles to find another time
in which to discuss this item?
If I wanted to do that, then do I need to make a motion?
Yes, yeah, yes.
So I'd like to make a...
Can I, can I propose a special meeting next Tuesday,
July 21st to hear the tear gas item?
Can I make that a motion?
Yes, the mayor or a quorum of the city council
can schedule a special meeting.
So if there was a motion to schedule a special meeting
and that passed with five votes,
that would constitute a quorum calling the special meeting.
Okay, I'm gonna try that.
So yeah, so go ahead and make your motion.
I like to make a motion to schedule a special meeting
for July 21st to hear items 24A and B.
I'll second the motion.
Okay.
I'd like to speak to that and just say
that I'm very strongly opposed to us
having a special meeting next Tuesday.
I'm very concerned about having this conversation.
Honestly, you know, I did not expect that last time
to go so long, but if we had gotten to this item,
I would have been asking anyway for us to move this item
until after we discussed use of force.
Because use of force policy is one of the main policies
within here and we're actually discussing actively
some of the changes that are going to be made
to that policy, both the PAB and the police department
are in the middle of doing so.
And so I think it's preemptive to discuss this item
without, especially given that there are many changes
that are being discussed for our use of force policy.
And given that we know we had this meeting tonight
and we've got a very contentious meeting
at the last night of our council before recess,
I'm very strongly opposed to us doing that.
So I wanna state that for the record
and make sure that council members understand that.
Okay, can I state for the record
that I introduced this item last fall?
It was heard by the Public Safety Policy Committee
in February, and so there has been all this time now,
and we work to schedule this meeting tonight,
these items tonight, the agenda and rules committee,
scheduled it for tonight.
I understand things took a lot longer,
so I just think we need to deal with this,
and I could have brought this items forward
a month after the Public Safety Policy Committee,
And we decided to wait and this use of force discussion,
we can certainly have that.
I don't see why that would preclude us
from taking action on this item.
So I respectfully ask us to complete the business
that is agendized here next Tuesday.
So council member Luna Parra, you've got your,
excuse me, folks, please.
Thank you, I did I wanted to mention this that this is an issue that is very, very important to students and it is not that they and students are out of session right now and I do think that it is really, really important to make sure that they are part of this conversation given that they are the most politically active part of the city.
And I feel really strongly as well
that we need to bring this back at an opportunity
when they are in Berkeley.
I also, I guess, I don't,
this item could have been brought back
right after the Public Safety Committee
took their vote and wasn't.
So it's not like it has been delayed, like by the council.
Thank you, council member.
I wanna see if there are any other comments that folks have.
One question, do we know the availability
of the room on the 21st?
Yes.
It's available.
Okay, thank you.
Yes, I think that that was set aside
as a potential special meeting previously.
So, Mayor, I want to be sensitive to people's schedules
because I know they weren't expecting me
to make that motion.
When are you proposing to hear this item?
So my proposal is to send it to agenda and rules
so that we can see when the use of force
is coming in September, I believe.
do we have a date for the September use of force approximate approximately
the 19th so it would be after that is it would be my hope but again it would go
to agenda and rules so agenda and rules would decide okay you know I just don't
want this to get punted you know too far into the fall sure I understand if
you're willing to make you know I really want to push us to like pick a date in
September like in and and maybe have the vote tonight be for that date in
in September, and just to clarify,
we are hoping to bring that other item
that has separate discussions around 300 in September.
We just had a discussion with the chair of the PAB
that they've got some additional data requests
that may take us a while to compile,
so it's not date certain that we will be back in September
for that portion of 300.
I would agree with the council member
that the discussion around tear gas and smoke and OCA
does not implicate the work that's underway
with 300.
Yeah, and Chief, just to make sure it's clear,
I'm not saying that it precludes us
from discussing one before the other.
What I'm saying is, I think it makes sense
that we discuss the broader policy
before going into the more detailed aspects
of the tear gas piece.
So I'm not saying that it has to be one before the other.
I'm just saying that I think that it makes sense
to do it that way, and that would be my preference.
And so just to be clear, the reason why I think
it should go to agenda and roles
is because I also don't want us to put it on a night
where we could end up having multiple controversial things.
So sending it to agenda and rules just gives us
the opportunity to pick a night that's gonna make sense
with everything else that's going on.
And so I just also wanna say that my intention
is not to just keep pushing this off forever.
I do think it makes sense to address it.
I just think that I'd like to send it to agenda rules
so we can have a little bit more time to figure out
what the whole mix of things is gonna be.
So yeah, Councilmember Black.
My only question was it did go through agenda and rules
and was agendized for tonight.
So, I mean, my plan and my assumption
is we were gonna complete consideration tonight.
So, I guess that's my question is what's changed.
What's changed, yeah, that's a great question.
And so, and I think that, you know,
we did have this come to agenda and rules,
and I think since then I've gotten updates
on where we're at, where their use of force policy.
It's true it was gonna come later,
but I think thinking about it more,
I realized that it made more sense for it to come after.
So, it's just a matter of like, you know,
information and changing, you know,
where I think it should go in terms of.
that even if we'd finished the first item in two hours,
you still were gonna plan on pushing it?
Yes, yeah.
So, okay, other comments before we take a vote?
So I'd like to amend my motion.
I wanna schedule this item to be heard September 15th
at the regular council meeting on that date.
I'd like to ask our city manager
what is gonna be scheduled for that day.
We're still developing the calendar.
the items for that. So we've only got about six that are known. I'm just
concerned because usually what happens is after recess we have a lot of things
to catch up on and so typically the meeting right after recess is quite
full. You know I would argue that this should be a priority for the first
meeting after recess. So you know that's my motion. I don't know if anyone's
willing to second it. I'll second it. It's also my birthday but that's okay.
all right so any other comments before we take a vote on that okay go ahead
mark okay so the motion is to schedule items 24a and 24b for the September 15th
meeting councilmember Kesserwani yes customer tap one we couldn't hear you
Councilmember. Yes. Okay Bartlett. Yes. Tregub. Yes. O'Keeffe. Yes. Yes. Blackaby. Yes.
Lunapara. Yes. Humbert. Sorry. I'm just to clarify this is voting on Councilmember
Kesner-Wani's motion to schedule this for September 15th. Could I call to
reconsider the vote? Well we haven't finished the roll call you can we haven't
on to you can change your vote you like you can finish the role and then someone
can call to reconsider councilmember Humber yes Mary she no councilmember
Trago no okay motion carries seven yes to know so move to reconsider the vote
Okay Council Member Unapara is moving to reconsider. I'll second.
There is she seconding so to reconsider the previous vote to schedule the items
for September 15th. So Mark sorry can you just clarify so we're all voting
whether or not we want to consider reconsider the vote yes and then we would
vote again right okay motion to reconsider passes then we would vote
again on the motion to schedule for the 15th. Oh just to re-vote. We will
re-vote if it passes we will re-vote again. Yeah. Yes. Okay. Okay. Councilmember
Kessarwani? No. Tapplin? No. Bartlett? Yes. Trago? Aye. O'Keefe? Just to reconsider, yes.
Blackaby? To reconsider, yes. Unapara? Yes. Humbert? No. Mayor Ishi? Yes.
Okay motion carries so then on the new motion to well we're reconsidering the
same motion so the same maker and same seconder and this is to schedule 24a and
24b. I just want to can I want to clarify that use of force is gonna come
After going to come back to Council after the state. Yeah right now. It's proposed to come September 19th
use of force
That's what I think she meant we they would be done with the policy at that point
But there is no council meeting on the 19th. It's the 29
Okay, so point is though use of forces plan to come after the 15th
Okay, so on the motion to schedule items 24 a and B
the motion carries. We have a
We have moved to move 24 A and B
to the September 15th meeting.
We will now take any public comment
on items not listed on the agenda.
So just to review, well before you guys go,
before officer, chief, before you go,
we have sat for months and months and endured proposals
to talk about how we're gonna get gassed,
now we're gonna get mauled by dogs,
to talk about how we're gonna get surveyed,
to talk about how there's gonna be less reporting,
how the police department is not gonna let us
even know what you're doing in a moment.
We've been kicked off the public channels access,
and I'm just trying to think what are you doing
to build trust, what are you doing that assures us?
What are you doing to preserve the idea
checks and balances in our city.
How are you accountable?
Because if the city manager is abdicating,
or being taken out of it.
You can address your comments to us.
If the city manager is being taken out of it,
can I have a minute please?
I've got another minute.
I'm trying to feel the safety part.
You know, I have Council Member who says
she's gonna do whatever the police chief says.
You just trust.
Has a body, addresses.
Certain council members say they trust the chief
no matter what, that's what we hear out here.
We don't hear any criticism.
We don't see any hand being extended to us.
There's no olive branch.
So, and then we get characterized
as being kind of hysterically anti-cop.
There is palpable real fear out there.
I just don't get why, when you,
It used to be that there were four requirements
before you could unleash a dog on us.
And now a simple accusation of a burglary
could lead to a mauling.
And there's no regard to people with disabilities,
people with behavioral health.
That used to matter in this town.
Thank you for your comment.
Thank you for those of you who had a spine.
Thank you all.
I just wanted to comment on policy 300,
which is the use of force policy
to explain what the mayor was trying to allude to,
which is the intersection between the two.
There are three very relevant changes to policy 300
that have been proposed by the police department.
The first one of them is when the department
is allowed to use force at all.
That proposal is being, the level of force,
when the department can use force,
they're proposing to expand the discretion,
expand the instances in which they can use force.
They're also proposing changes to the de-escalation policy.
When they're required to de-escalate,
how they're required to de-escalate,
that also comes into play.
And third, they're also requesting to change
the use of deadly force standard.
And so all three of those things come into play
and will impact this body's decision making
when it comes to the intersection between policy 300
and the use of force policy.
And as the chief was suggesting,
we will not be able to present this council
with our final recommendations by September 15th.
Because-
Thank you.
Did someone wanna, okay, a minute from over there.
Because as the chief alluded to,
we've recently requested records from them
after we recently found out about certain information
about uses of forces that were deemed excessive
and unreasonable by the department themselves.
We requested those records and they are providing them to us
but they need to go through the proper procedures
in order for them to give that to us.
And so in order for us to evaluate the policy,
we have to evaluate those past instances
and in order for us to get access to those past instances,
they have to provide it to us,
but they have to go through the proper procedures.
And so all of these things are happening in the interim.
We're not just sitting on our hands here.
Thank you.
Thanks to those of you who had enough courage
to stand up against police overreach.
Wish there had been more of you.
Yeah, there is a lack of trust because, you know,
I have like every privilege imaginable in terms,
except for economic, you know, I'm white,
I'm cisgendered, I'm head.
And my only experience with the BPD is still one of violence
towards me for doing nothing more than, you know,
speaking up to a police officer when I disagreed with him.
So of course there's a lack of trust.
There's a reason people call them pigs.
there's a reason there ain't no song
called Fuck the Fire Department.
Also, even the famously corrupt
and racist police department LAPD,
who that song was written about,
has now terminated their contract with Flock.
It's time for Berkeley to do the same,
and as always, now it's time.
I think these are limited decide comments.
Stephen Tupper in the plaid shirt is giving me a minute.
Okay, thank you. So at the last council meeting you heard from Amber Whitson
who's been living in an RV and has been homeless for the last 29 years since she
was 16 years old and she told you about the difficulties with the housing system
and not identifying the subsidy she needs for this apartment. So the
Thursday after that meeting I met with the housing, well Amber and I together
together met with a housing navigator and inside housing.
And she is now properly in the system,
but it's still not gonna allow her to get this great fit
of an apartment where she can have her five yapping dogs.
But he said it'll take a year to two years
to find something for her.
So that's the status of it, but somebody is working on it.
Again, she was assessed back in October, 2022,
almost four years ago.
A second, we are now finally getting a CIT coordinator
after 10 years that we haven't had one
with the police department part-time,
and she's going to the CIT International Conference
this August, I'll be glad to be your senior there.
This will be my 10th CIT Conference since 20,
International since 2012 that I've gone to out of pocket.
I wanna say that I have heard police departments
Well-intended ones have workshops there,
as well as a family member of a son who had been shot
who was in mental health crisis.
And they come to these workshops saying they made a mistake
and they're learning from their mistakes
through someone having been injured or having died.
And these are well-intentioned police officers,
but they make mistakes.
The police can make mistakes,
And that's why we have to have CIT to de-escalate situations.
Thank you.
Mark, sorry, was that our third public speaker in person?
I lost track.
Okay, I'm just, okay.
Just until.
I wanted to thank you mayor and council members
for really doing your job
and representing the constituents, your constituents.
You represent the community.
you don't work for the police.
Although someone, it seemed like she was working
for the police because she kept asking the chief
to answer her questions.
It's really clear the push,
why there's the pedal to the metal
on all these police desires and asks
because of the election in November.
And so whatever we can do,
let the people speak.
We are going to elect new council members,
certainly because Kesawani's not running again.
Wait for all this.
Don't push it through in this time of expanding fascism
and ICE coming into our city and abducting people.
Pause, let the community speak with our vote in November.
Thank you.
Council members, I have a minute
from my friend, Nikaila, back here.
Council members, I wanna thank you
for allowing me to speak today.
My name is Derek Rodriguez.
I'm here on behalf of Cal Berkeley Democrats
and as a candidate for the Berkeley Rent Board.
I would first like to recognize community
gathered here today and remotely,
a community's trust in its institutions
will either be strengthened or fractured
by decisions in the near future.
As someone who served in the military,
I understand that public safety
is not a responsibility taken lightly.
I understand dangerous situations, difficult decisions,
and the obligation to protect the lives
of both the public and those called to serve them.
But I also learned that restraint is not weakness.
Restraint is discipline.
And power, without discipline, becomes a danger
to the very people it claims to protect.
If Berkeley allows offensive weaponry,
what begins as an exception for extraordinary circumstances
may become another ordinary instrument of force.
And before you think I don't know what I'm talking about,
I've been gassed before with CS gas.
The intense burning is etched into my brain.
I remember being OC sprayed, the effects of which
last days on end.
And in the army, we weren't given tear gas,
an offensive weapon.
And if I, as a soldier, maintain more restraint overseas,
then how is this acceptable in America?
We are all citizens of the world,
and we should all be equal under the law,
not tormented by it.
This was all born from the recognition
that an indiscriminate chemical weapon,
a dog used to inflict damage,
once introduced into a civilian community,
can injure the innocent, silence lawful dissent,
and fracture public trust that effective policing depends on.
I urge you to preserve our dignity.
Public safety must never require us to abandon public trust.
Thank you. Thank you.
This is a time of war.
I don't know if you've watched as much about the Iran War
and the Ukraine War, and this is a war world,
and the problem is, it feels like the police
are coming and bringing the war to our town
with more weapons, with more people
not listening to the community.
Is this some sort of buyout?
You know, there's ice showed up in Berkeley recently.
You know, we have a whole surveillance problem.
We have a whole, you know, every time I turn around,
it's the police wanting more and more and more.
And you know what?
November is coming up really soon after September.
And people are gonna be paying attention,
especially when the economy goes down.
And you know, what your votes are gonna be very much noted
and who's for what.
Thank you.
Am I allowed to have another extra minute?
Yeah, go ahead.
You have, oh, I see what you're saying.
Yeah.
I wanted to say that I,
and I'm very upset that they left.
I had, when I had a home for 63 years in Berkeley,
All positive experiences with the police.
I lived near the Rose Garden.
And I wanted to say that while they were there.
However, I was swindled out of my home
by a very famous perpetrator that Trump let out of prison
and the one that bribed the Catholic priest.
You may have read that in the paper recently.
And so I live at the YMCA right across from City Hall.
And I'm really very happy there with the community
and all of what I've learned.
But suddenly I had a terrible experience
with a police officer who yelled
at the medical transport driver and at me
when I was getting into the vehicle.
And I am also a victim of the go-go situation.
I've been using them for three years
and I am very upset about having those cuts.
So I really, really want to,
I'm so upset by the vote that just happened.
I'm not being coherent.
But I really don't want any tear gas
And I don't want any more, I don't even know what to say,
non Berkeley things in my image of Berkeley
and why I came here in 1963.
So, I'm hoping you all will remedy
what just happened tonight somehow
and think about it more.
Thank you.
Over the summer, thank you.
It's late, everyone, so thank you very much.
This is why democracy takes a while
and why dictatorship sometimes is preferable
because it's speedy and I know people like to rely
on rules and regs and so they figure everything is settled.
Guess what, it's not, we've gotta evolve,
we've gotta care, there's a lot of unknown
and we can create rather than just settle
on the easy thing which is destruction.
Takes a long time to grow a tree but oh,
boom, I'm so strong I can chop it down.
Well, that's really painful.
And the fact that the police did leave,
of course they're tired too.
But that did not exude courtesy or respect for us.
We're here, I'm old, it's late.
Anyway, you make a rule and then you can break it.
Even if your intention is good, I've made many mistakes.
So I would prefer to be very careful
and thank you for wanting to be careful.
Thank you.
thank you. So we did expand extend to 11 15 but Mark was saying that we need to stay
for 15 additional minutes to hear public comment. So please go ahead and come on. Hi, I'm not
gonna move the mic mic up. So yeah, good idea. So I'm not positive correct me if I'm wrong
but as far as I can tell those Berkeley City police that did the racist text they got caught
As far as I can tell, some of them still work
in the Berkeley City Police Department.
You talk about trusting the Berkeley Police.
And also, you've heard of the Brady's List,
there's a list of police who abuse power to bad ethics.
As far as I can tell, I mean, look into this,
maybe I'm wrong, but it's hard to get a list
of the police officers.
That's the problem there too.
But as far as I can tell,
there's Berkeley City Police officers on the Brady's List.
I don't trust the police.
I'm kind of scared to say anything about it, honestly.
Because I live here in Berkeley,
and I want to stay living in Berkeley.
Thank you.
Oh, okay.
All right, we have some comments online.
First up online is Cheryl Davila, former council member.
So, you know, when I was young in, I think sixth grade,
we had a police dog.
We had a police dog that bit every freaking person
that came by the dog, except for us.
And the dog was on a leash and we would warn people
not to bite him, I mean, not to pet him.
And they would come by and every time the dog would bite.
After a while the dog stopped biting,
but it was years and years and years.
Police dogs are meant to be vicious,
meant to control and dominate as well as, you know, the police.
So we don't need either one of them, really.
But we definitely don't need canines,
and we definitely don't need tear gas
because that is really terrible and it's not meant for humans.
He, that guy previously said he was in war
and they did not use it.
You should be ashamed.
Thank you, your time's up.
How's it going?
Next up is Audrey Kramer.
Hi, good evening, Council Members and Mayor.
This is Audrey from District 6, Cal student.
And as a Cal Berkeley Democrat, I
would like to reiterate and emphasize
Council Member Luna Parra's comment
to think of the students.
You held the flock meetings over spring break and finals week.
And now this, and it is summer.
Derek and I are the only Cal Berkeley Democrats
in this time zone right now,
the Cal student body is doing amazing Berkeley things
in DC, China, Europe, everywhere.
Students have always and will always be a voice
for this city, and I am pleading you
to think of them in your calendar.
Thank you so much for staying up this evening.
I really appreciate your time.
Thank you, Audrey.
Next is Mina.
Hi, I just wanted to thank the council members
that voted against the dogs being implemented.
And to the council members that ignored an entire room
and entire Zoom meeting without one person
in support of those dogs, I ask you to really deeply
look at who are your constituents?
Who are you representing?
Because to me, it seems like you guys have
someone lining your pockets by the way y'all vote.
And that's it, we see it, can't wait for November, bye.
All right, Jordan.
Yeah, I just wanna speak to this kind of abiding belief
that the city council, or at least some members
of the city council seem to have,
that we need to just blindly trust this police department.
And I know that there's a lot of people
who are new to this movement.
And so I think it's important that we know our history.
So I'm gonna do as quick as I can,
starting in the early 1900s with the birth
of the progressive policing movement
founded by August Volmer, a noted eugenicist who is still proclaimed as the father of the
Berkeley Police Department.
Then we move into the 1970s, right, the violence against people at People's Park, then we
can go into the anti-apartheid movement, the violence there.
Then we can talk about Kayla Moore, who was smothered to death by the Berkeley Police
Department and never got justice.
We can talk about Vincent Bryant, who was shot in the face during a mental health crisis.
And we can talk about the racist text messages that got leaked that our city did nothing
about. So, that's the police department that we're supposed to trust with attack dogs and
tear gas? Absolutely not.
All right. Jesse.
Hello, thank you guys for your time. I really appreciate that you guys are taking into consideration
public comment, and the views of your constituents, I will say I am disappointed in the way that
the need per speed in considering tear gas was expressed, at least to my knowledge, it's
not something that's used very often in Berkeley, and I don't understand why it needs to be
talked about before you sit forth, and I really would love and appreciate if you guys take
into consideration careful consideration the safety of the people of this city from the police
as well as being protected by the police there are many reasons that have been iterated that
we have some trust in police but we also may be wary of them and I would appreciate if you guys
also take that into consideration thank you have a great night okay Russell Bates all right everybody
Thank you all for staying there.
I live in District 7.
I'm honored to have Cecilia Manapara as a council member.
I think we need to recognize also that the Senate tonight
defeated a resolution that would have enabled
the Israeli military and US military to combine together.
The vote was 53 to 47, 53 honest people, 47 traders.
I remember U.S.'s liberty when it was attacked by the Zionist entity in 1967.
I was the young person in the military then.
I went through boot camp and like the gentleman who was in the army, we got totaled by tear
gas.
It was a rite of passage for Navy sailors in boot camp.
It's an awful thing.
It's a terrible thing.
It fucks you up.
It mentally screws you up.
It does you no good whatsoever.
Thanks, Russell.
Your time's up.
Okay, last is Aiden Hill.
Greetings, council members, city staff,
and the people of Berkeley.
My name is Aiden Hill.
I'm a candidate for Berkeley City Council,
district number seven, this November election.
And again, I urge you to reconsider this policy.
Remember that government is supposed to protect
defend, but also government has a responsibility to protect people from ourselves. And when
we enhance any use of force, when we enhance any possibility of external uprest or violence,
we have to take that seriously. We don't know the conditions exactly in which this will
be used, but we do know the after effects of this policy, lack of civilian trust, lack
of true proper oversight, lack of the ability for people to voice their concerns properly
to the police in these situations. So again, think about your constituents. Think about
the people who need your support the most. They do not want this policy in place. Please
respect them. Thank you.
All right. That's it.
Okay. Sorry?
No more speakers.
Okay. Thank you. Is there a motion to adjourn?
So moved.
Oh, that's right because it is past the time got it. We are adjourned and thank you everyone
recording stopped