Public Meetings - Berkeley, California

The Berkeley City Council met on Tuesday, March 19, 2024, at 6:00 pm, with Vice Mayor Susan Wengraf presiding (Mayor Jesse Arreguín joined via teleconference). The meeting included ceremonial proclamations, an AC Transit update, an auditor's report, public comments on non-agenda matters (largely focused on demands for a Gaza ceasefire), approval of the consent calendar including the historic rematriation of the West Berkeley Shell Mound, and action on a master license agreement for small cell telecommunication facilities. The meeting was repeatedly disrupted by protesters calling for a ceasefire resolution. Ceremonial Matters - Councilmember Terry Taplin adjourned the meeting in memory of Heather Rhymer, the city's first homicide victim of 2024. - Karina Gould, chairperson of the Confederated Villages of Lisjan, thanked the council for the preservation and rematriation of the West Berkeley Shell Mound. - Councilmember Rashi Kesarwani presented a proclamation honoring Berkeley Mount Zion Missionary Baptist Church's 78th anniversary. - Vice Mayor Wengraf presented a proclamation declaring March 19, 2024 as "Elsa Tranter Day" for her over 250 beach cleanups since 2019. Presentations - AC Transit Senior Transportation Planner Catherine Vow and External Affairs Representative Ryan Lau presented the Durant Quick Build Project, which includes a transit-only lane on Durant Avenue between Fulton and College, three bus boarding bulbs, and a transit signal at Durant/College. Construction is planned for spring 2024 with a 4–6 month timeline. Councilmember Taplin discussed enforcement (red paint, signage, forward-facing cameras) and invited AC Transit to public safety and fiscal committees. - City Auditor Jenny Wang reported on audit follow-ups: the 2018 code enforcement audit found some recommendations unimplemented due to lack of staffing funding; a consultant is now performing a staffing analysis. On fleet replacement and street paving audits, she noted progress on performance measures but emphasized that deferred maintenance requires outside funding. Public Comments & Testimony (Non-Agenda Matters) - Numerous speakers urged the council to pass a ceasefire resolution for Gaza, with many condemning the council's inaction and accusing members of complicity in genocide. Some speakers expressed support for Israel's right to self-defense and praised the council for focusing on local issues. - Other comments: Greg Dable objected to a public toilet being built directly in front of his store at Telegraph and Channing, requesting it be moved 25 feet. Suzanne DeWitt, a Holocaust survivor, argued Israel has the right to defend itself after the October 7 attack. Sarah Alessie supported adding family and relationship structure to non-discrimination code. Several speakers praised the shell mound rematriation, and others raised concerns about police violence and access to People's Park. Consent Calendar - Council voted unanimously (6-0) to approve the consent calendar after a motion to suspend rules and allow 30 minutes of public comment on consent items passed with a 6-0 procedural vote. - Key consent items included: - Second reading and adoption of an ordinance for the acquisition of real property at 1900 Fourth Street for rematriation to the Sogorea Te' Land Trust (West Berkeley Shell Mound). - Item 5: Charging infrastructure for government fleets. - Item 7: Purchase order for a storm sewer cleaner. - Item 8: East Bay Hills Wildfire Prevention Coordinating Group representative selection (Vice Mayor Wengraf recognized). - Item 9 (Master License Agreement for small cell facilities) was initially proposed to be moved to consent but remained on the action calendar after Councilmember Mark Bartlett preferred to hear public comment. Discussion Item: Action Item 9 – Master License Agreement for Small Cell Telecommunications Facilities - Public Works Engineering Manager Ron Nevels and Deputy City Attorney James Chang presented the MLA, which allows telecom companies (AT&T, T-Mobile, Verizon) to attach small cell antennas to city-owned light poles. The agreement sets an annual fee of $303 per pole (FCC safe harbor rate), a 10-year term with a 5-year automatic renewal (maximum 20 years), and requires compliance with the city's 2020 aesthetic guidelines and noise ordinance. Each installation requires a separate permit. - Council discussion: Councilmember Sophie Hahn confirmed with staff that local control is maximized under federal law; aesthetic guidelines apply to both wooden and light poles. Mayor Arreguín verified that the 2020 code and guidelines remain applicable. Councilmember Hahn made a motion to approve; Councilmember Kesarwani seconded. - Public comments: Over a dozen speakers opposed the MLA or urged tabling, citing health effects from radiofrequency emissions (including personal accounts of electromagnetic sensitivity), insufficient public input, the need for higher fees, and concerns that the MLA preempts stronger local regulation. Some speakers referenced a legal analysis from attorney Ariel Strauss suggesting the city could negotiate better terms. Supporters of the rematriation also spoke on consent items. - Vote: The council voted 5-0 to approve the MLA as presented (Councilmember Bartlett was absent). Key Outcomes - Approved consent calendar (6-0), including the rematriation of the West Berkeley Shell Mound. - Approved the Master License Agreement for small cell telecommunications facilities (5-0, Bartlett absent). - Meeting adjourned after the action item, with a motion to suspend rules passing 6-0.

The Berkeley City Council held a special meeting on March 12, 2024, at 4:00 PM to receive and discuss the 2023 Berkeley Police Department Annual Report. The Police Department presented a comprehensive overview of staffing, crime statistics, traffic safety, use of force, accountability measures, and fair and impartial policing initiatives. Council members asked questions and offered comments, and public testimony was heard. Public Comments & Testimony - Mental Health Response: A speaker expressed concern that the police continue to respond to mental health crises despite the Specialized Care Unit (SEU), citing slow SEU response times (up to 2 hours) and a lack of a single triage dispatch line. The speaker advocated for a single dispatch line with appropriate resource allocation. - Video Cameras and Business Safety: A business owner spoke in support of video cameras, sharing that his business has used them for 50 years with no robberies, and credited former Chief Dash Butler for his role in keeping the city safe. - Ilana Auerbach: Raised three points: (1) questioned whether the gun violence prevention program uses evidence-based best practices, specifically whether police are excluded from the program; (2) challenged the classification of a "Jew Belong" billboard incident as an anti-Jewish hate crime, arguing that BPD's determination implies a political stance equating anti-Zionism with anti-Semitism; and (3) noted low solve rates (citing a February 2024 study by the Center on Juvenile and Criminal Justice) and asked for a plan to improve them. - George Littman: Criticized the report for not addressing the fundamental racial disparity in stops—that approximately equal numbers of Black and white people are stopped, despite the white population being 6.5 to 7 times larger. He argued that focusing on discretionary stops alone misses institutional bias and that the three-pronged approach still includes discretionary elements. He urged the council to rely on the Police Accountability Board rather than solely on police self-oversight. - Kelly Hammergren: Asked for details on the declining pool of police academy applicants and how the department maintains high standards amid this trend. - City Auditor Jenny Wong: Thanked the police department for its responsiveness to audit recommendations, noting that BPD is one of the most cooperative departments, with three audits completed and many recommendations implemented. Discussion Items - Department Presentation: Police Chief Jennifer Willis and command staff presented on 2023 priorities (recruitment/retention, proactivity, internal communication), staffing (15 sworn offers made, dispatch hiring at a decade high), workload (911 calls at highest since 2017, average 6 calls per shift, 18-20 minutes per call), response times (7 minutes for priority 1), crime trends (violent crime up 10.5%, property crime up significantly, auto thefts surging to 1,350, hate crimes and incidents up sharply after October 7), traffic safety (873 collisions, 0 fatalities, speeding as top factor), use of force (0.54% of calls involved force, low rates across racial groups), and accountability (fair/impartial policing data showing near race-neutral stop and search patterns). - Council Questions and Comments: - Mayor Arreguin: Expressed appreciation, asked about CSO positions (Chief noted these are temporary and hard to fill; making them permanent could help recruitment and career pathways), response time benchmarks (7 minutes is common standard), and sought clarification on collision factors (right-of-way violations consistent). He highlighted regional collaboration, hate crime increases, and the need for Vision Zero investments. - Vice Mayor Wengraf: Focused on dispatcher recruitment (noted progress, expects full staffing in 2 years) and asked about driver age in collisions (Captain Tate said deeper analysis is underway, but early data shows collisions among drivers 65+). - Coucilmember Hahn: Asked for the department's top 3-5 takeaways (Chief emphasized ongoing data-driven improvement, addressing regional crime, and balancing crime prevention with problem-solving). Hahn suggested issuing public action plans for specific crime spikes (e.g., carjackings) and discussed community bias in reporting. - Councilmember Humbert: Praised the department's professionalism and data-driven approach, expressed concern over staffing levels (down 30 officers), highlighted Ashby Ave as the highest injury corridor, and emphasized the need for traffic safety measures. - Councilmember Kesarwani: Supported making CSO positions permanent, noted hate crime concerns, asked about Vision Zero integration (Captain Tate affirmed regular rapid response meetings), and raised property crime prevention (ALPR cameras, enforcement, regional cooperation). Key Outcomes - No formal vote was taken on the annual report; it was a work session for discussion only. - A motion to adjourn the special meeting was made and seconded, and passed unanimously (6-0, with Councilmembers Taplin and Bartlett absent). - The city manager and police department were directed to continue efforts on recruitment, data analysis, and implementation of fair and impartial policing initiatives. - The department will provide an audit update in May 2024. - The council indicated openness to making CSO positions permanent and to supporting traffic safety and hate crime response efforts.