All right.

I am going to call the Berkeley City Council meeting to order.

Today is September 30th, 2025.

Clerk, could you please take the roll?

Certainly.

All right.

Councilmember Casarmani?

Here.

Taplin.

Present.

Bartlett.

Here.

Tragub.

Okay.

Here.

Thank you.

Flagby.

Here.

Munapara?

Here.

Hambert?

Present.

And Mary Ishii.

Here.

All right.

We have a few um ceremonial items this evening, beginning with our Indigenous Peoples Day.

Um, I'm going to read this.

And if folks, if you want to come up, if you're here for Indigenous People Day, you're welcome to come up to the podium.

All right.

Celebrating Indigenous People's Day in Berkeley, whereas the year 2025 marks the 33rd anniversary celebration of Indigenous People's Day in the city of Berkeley in commemoration of 533 years of resistance and renewal of native cultures in the face of political and cultural repression.

And whereas the Indigenous People's Day Committee, a community group of local Native people and others, have once again organized the annual celebration with an Indigenous People's Day powwow and Indian market in Martin Luther King Civic Center Park on Saturday, October 11th.

And whereas the Indigenous culture flourishing in Alone Territory since time memorial was a sustainable, peaceful culture based on cooperation among neighbors, on respect for the land and for all creatures living in it.

And this indigenous culture was disrupted and destroyed in Alone Territory, Berkeley, as in almost all parts of this hemisphere, and yet it has survived.

And whereas the Indigenous People's Day powwow and Indian Market has brought greater understanding to the people of Berkeley regarding native cultures and the enormous contributions Native people have made and continue to make to world culture.

Now, therefore be it resolved that I, Adina Ishi, mayor of the city of Berkeley, do hereby affirm that Monday, October 13th, 2025, should be celebrated as Indigenous People's Day in the City of Berkeley and encourage the public to attend the 33rd Annual Indigenous People's Day Pow Wow and Indian Market on Saturday, October 11th from 10 a.m.

to 6 p.m.

in Martin Luther King Center Park.

Thanks.

Our member Nona is going to give the two-minute statement in support of the Powell.

And thank you, Council and Mayor.

Good evening.

I'm very honored to be here on behalf of the Indigenous Peoples Today's Committee.

And we really appreciate the acknowledgement for the Indigenous people and uh the original people of this land.

Thank you.

May I also add that it is a coming together of the people of the Eagle and the people of the Condor of North and South America, which is um was the inspiration for the creation of this powwow.

So we honor um the tribes from North and South America.

Thank you, Mayor.

Um Sydney, sure.

You guys want to line up for the wall?

Is all the people?

Okay.

Thank you.

Thank you.

Thank you.

Thank you all.

Thank you.

Thank you.

Okay, and we also have a proclamation and adjournment in memory for Dan Siegel, which was requested by Councilmembers Luna Para and Traegu.

So I will allow Councilmember Lunapara to read the proclamation.

Thank you so much.

Honoring the life and legacy of Dan Siegel, whereas Dan Siegel, a local progressive icon and pathbreaking civil rights lawyer who fought for workers, unions, and human rights advocates over five years, over five decades of civil practice, died on July 2nd, 2025, in Oakland at the age of 79.

And whereas born in the Bronx, Dan Siegel's life was shaped by his upbringing in a Long Island Jewish family.

His commitment to the civil rights struggle, his marriage to fellow attorney and activist and whales, and his family, including two sons and three grandchildren.

And whereas, after graduating from Hamilton College in 1967 with a degree in religious studies, he moved to Berkeley to attend law school.

He was inspired to become an attorney after being arrested in Mississippi while working with the Congress on Racial Equality or CORE to register voters.

He always remembered that it was a National Lawyers Guild attorney who got him out of jail.

And whereas Dan met Anne in Berkeley in 1968, both played key roles in local movements to oppose the Vietnam War, support the civil rights movement, and oppose imperialism and fascism.

In 1969, Dan was elected as the president of UC Berkeley's student body, which would soon bring him into direct conflict with the state of California and Governor Ronald Reagan.

And whereas, after community members beautified a derelict UC owned law near campus into a people's park, UC fenced off the site on what would become what would come to be known as Bloody Thursday, Dan urged thousands gathered in protest at Cal's Sprout Plaza to go down there and take the park.

As the crowd spontaneously headed down Telegraph Avenue, it was met by law enforcement officers firing shotguns and tear gas canisters, seriously injuring dozens and killing a bystander.

That night, Reagan sent National Guard troops to enforce a curfew and ban on public assembly.

And whereas, the State Bar Association would ultimately use these events as a basis for denying him the right to practice law, it would take a historic California Supreme Court ruling in Siegel versus Committee of Bar Examiners to affirm that participation in protest movements is not a sign of deficient moral character.

After winning the right to practice law, Dan went on to earn legal victories on behalf of thousands of plaintiffs seeking protection for their civil, labor, and first amendment rights.

And whereas Dan represented workers who built pipelines in Alaska, canned food in Watsonville, and repaired naval ships in San Diego.

He represented Occupy the Farm protesters who camped on state land during the Occupy movement, and he represented pro-Palestine activists who stopped the Bay Bridge traffic to raise attention on the war on Gaza.

Much of his work was pro-bono, whether for unhoused people, students, prisoners, enlisted military personnel, or low-income workers.

And whereas, as chief of complex litigation for the San Francisco city attorney, Dan led the settlement of an employment discrimination case against the city's fire department, resulting in a consent decree that guaranteed affirmative action in hiring and promotions for women and people of color.

Dan and Anne together represented numerous university professors in discrimination and workplace retaliation suits.

In 2007, Dan won the two largest verdicts ever awarded in cases brought under Title IX of the Civil Rights Act, which forbids sex discrimination and requires gender equity in higher education.

And whereas Dan was elected to two terms on the Oakland School Board serving as president.

He served as chair of the Oakland Housing Authority, co-wrote Oakland's community policing law, and taught graduate courses at Mills College.

In 2014, Dan and Anne were honored by the San Francisco chapter of the National Lawyers Guild as champions of justice and cited as a big movement why social movements are a big reason why social movements are so strong in the Bay Area.

And whereas Dan's final public appearance was a speech at the Oakland No Kings rally on June 14, 2025, when he exhorted the uh the crowd filling Oscar Grant Plaza to oppose Donald Trump and the white supremacist movements backing his presidency.

And whereas Dan and Anne were married in Oakland on August 1st, 1975.

Records obtained pursuant to the Federal Open Information Act show an FBI informant attended their small wedding and reported on their union.

They raised their son Michael Siegel in their East Oakland home of 48 years.

And whereas Dan is survived by Anne, Michael, stepson Christopher Scheer, grandchildren Ben, Malika, and Hanza, brothers David, Jonathan, and Jesse, and many loving family friends and family members and friends.

Now, therefore, be it resolved that I, Adina Ishi, mayor of the city of Berkeley, do hereby honor Dan Siegel for his lifelong dedication to peace, justice, and progressive values, and express our sincere gratitude, appreciation, and condolences on behalf of the countless people both within the city of Berkeley and beyond, who live in a better, more just world as a result of his life and legacy of service and organizing.

Thank you, Councilmember.

I think is his family here?

Or perhaps online.

Oh, someone online.

Did you want to say a few words?

Um, there is a hand raised.

Well, we can ask if um it is regarding the ceremonial item.

Caller with the number ending in zero zero zero.

Are you calling in to speak on the ceremonial item?

Caller um with the number ending zero zero zero.

Um please unmute yourself if you'd like to speak to the ceremonial item.

Rose, they have to press numbers for that, right?

Um, I believe it's star six, star six.

Hi.

Um, yeah, American.

And what was it?

I'm sorry, we were looking for uh Dan Siegel's family, but perhaps they're not online right now.

Um I don't see any other hands in the morning.

Yeah.

Well, then I will just say thank you for reading that, and um, we will be adjourning in his honor.

Um, an additional adjournment in memory is for Din Lee, and that was requested from our council member from District 8, Councilmember Humbert.

And he's requested that uh the adjournment in memory be a video in lieu of speakers.

So I think our city clerk is gonna.

Yeah, I have a couple comments uh ahead of the video um to to make.

Um, and I wonder if if any other members of um Mr.

Dinley's family are present here in the chambers in Non Lay is his son.

Um, please come up.

We're gonna endeavor to play your lovely short video, Mr.

Lay.

Um, tonight the Berkeley City Council will be adjourning in memory of Din Lay, a beloved father and a remarkable man and member of our community.

I want to thank Mr.

Lay's family and especially his son Nan.

Am I pronouncing that correctly?

Thank you.

For providing a beautiful video tribute we're privileged to share with all of you.

I watched it earlier, more than once, and found it deeply moving.

It hammers home what we lose in our community every time someone is lost to traffic violence.

For those in our community and in government, who say we can't protect the safety of people walking and biking for this or that reason.

I implore you to listen to the stories of people like Mr.

Lay and truly sit with the unbearable losses that are born by our community day in and day out from needless traffic violence.

We must recommit to our vision zero principles, so that one day our streets are no longer places where our community loses incredible people like Mr.

Lay.

To the Lay family, I am so sorry for your incalculable loss, and I'm so grateful to you for being here tonight, Mr.

Lay, and letting us all share in his memory your father's memory.

May his loving and adventurous spirit be an inspiration to all of us.

Thank you.

Let's see if we can get this this played.

Dinlay was more than my dad.

He was my companion, my teacher, my travel partner, my joy, and my anger.

He lived life with such quiet strength, such vibrance, and with such love that it's hard to imagine this world without him.

In the recent years, my dad started living in Berkeley, so I could watch over him.

But it felt like he was actually there to keep me company and not be alone.

My dad had a spirit like no other.

It was bigger than life.

He was gregarious, vibrant, friendly, always a great energy in the room.

But behind his joy is a story of suffering, sacrifice, and resilience.

My father fled and went into hiding in the most southern tip of Vietnam when the war ended in 1975.

He was finally able to leave in 1981 and start a new life.

He came to America alone with nothing, no English, no money, but with hope to build a new life.

His quiet determination built the foundation of our lives.

Through it all, he never let us forget what truly mattered.

Family and his faith.

As one of the richest men I've ever known.

Not because of what he owned, but because of how little he needed to be happy in life.

Dad, I promise you this.

We will carry your legacy in the way we love each other, and in the way we live with courage, humility, and faith.

You are not gone.

You are with us in every step, every smile, every prayer.

We love you, Dad.

We always will.

Next.

Thank you, Madam Mayor.

I just have one comment, and it's about item three on the agenda before you on the consent calendar, which is the acceptance of the Prop 47 Cohort Five grant and uh executed execution of the related agreement.

So I just wanted to say quickly that this is uh of all the items on the agenda, this is the one I'm most proud of tonight.

And the reason is why is because what this item does is receive eight million dollars from the state in an attempt to help people who have some abuse andor mental health issues and get arrested instead of going to jail, going to a hotel and go into treatment.

And it's uh it's a program focused on people who are here in Berkeley.

Uh, this is step one of a two-step process.

This the state recommended that we accept these grant funds as quickly as possible, which is why this is before you tonight on the consent calendar.

And then after accepting these funds, we would bring back um a contract agreement with the operators of both the hotel and the program in a second um action for you to accept those.

So I just wanted to just highlight that item that's on this agenda.

And uh, you know, I think it's a terrific item that we've received eight million dollars from the state to do something to help people with mental health and substance use issues avoid jail and actually get treatment and housing.

That's all.

Thank you very much.

Um, and and now I want to give some time to our city auditor who has some comments as well.

Thank you.

Um, that was quite an emotional um uh adjournment.

Um, so I wanted to uh give an update on item 21.

This is on the police overtime audit um recommendations update.

Um the audit was completed in 2022.

As a refresher, the main finding was that the Berkeley police department or BPD relied on overtime to achieve its staffing levels with officers backfilling for vacancies and their work for outside entities had tripled during 2020.

BPD has implemented recommendations, including increasing transparency around their outside entities work, including developing procedures and making this program accessible on their website.

Additionally, since the last update last year, the department has implemented two recommendations.

They have since incorporated recommendations from an outside consultant staffing analysis.

For example, BPD realigned the bike team under the Community Services Bureau and fully implemented the Patrol Community Service Officer Program.

BPD now has three trained CSOs handling low risk calls, freeing sworn officers for higher priority duties.

The department also incorporated recommendations from the staffing analysis into budgetary decision making, and it stated they will use those recommendations.

For example, in 2026, they expanded the CSO program from 21 to 27 positions to supplement staffing.

According to the department, these steps are aimed to optimize resource allocation, enhance community service, and improve operational efficiency.

I just want to thank the department for implementing these recommendations and to the community for their interest and engagement on this audit.

Thank you.

Thank you very much.

Appreciate your your comments this evening, and it's good to have that update.

I'm glad to hear how our police department has adjusted the updates that you had for us.

Um we are we will now take public comment on non-agenda matters.

If you'd like to make a comment and you're on Zoom, please use the raise hand function or press star nine if you are calling in.

Again, if you would like to provide public comment on non-agenda matters, now is the time to use the raise hand function.

Oh, I think someone in the audience is maybe trying to give.

Well, and we have um cards as well.

I just wanted to check to see the total number of speakers that we have, as that dictates how much time is allotted.

So we have um four cards for in-room speakers and one caller on Zoom.

So each speaker will be allotted two minutes.

The in-room speakers are Maria, Carol Morosevik, CK, I believe, and Cheryl, I believe.

Um, and in no particular order, if your name was called, please come to the front and you have two minutes to speak.

Um last week when the homeless response team session uh transpired.

Uh, council member Chaplin uh talked about domestic violence and raised the massive violence issue.

It is such an independent issue that requires such separate focus.

It's different from the general populations that we serve on homelessness, and these agencies are greatly underfunded.

We in Berkeley only have one transition house, burget house, which is doing an exceptional job, and it's only for women with families.

Uh women who go through domestic violence who experience this cannot go into regular shelters.

It's not confidential.

The the clients will talk.

It's not safe and it exacerbates all their stress.

Um women who leave domestic violence uh situations generally do so after an average of seven times, and it's not because they're weak.

It's because of the complexities, the financial complexities, the emotional complexities, the support complexities that they so very much need.

And I can give you three examples of women I've worked with, which are not not in Berkeley, not Berkeley specific.

There was an older woman that I assisted who was uh um monolingual Spanish.

Her husband would make her sleep on blankets in the corner.

This is a much older woman, and he would threaten her with a machete, and that was among the many other abuses.

So when she finally decided to leave, she could not communicate with the outside world.

He was her her bridge to the outside world, so she ended up taking him back because he was bilingual.

I uh assisted a woman who was a uh wife of a police sergeant, she finally decided to leave.

He had broken her libs, etc.

This had gone on for many years.

When she decided to leave on Christmas and filed for divorce and filed for restraining order on Christmas Eve, the five-year-old and the if I can just conclude this thought.

The five-year-old, there were six children.

He killed her, the five-year-old opened the door and killed her and himself.

Thank you.

Okay, and again, the in-room speakers are Maria, Cheryl, and CK.

Oh God.

It's quite the lead line to follow, battered women.

I've worked with many also.

But today, in terms of our government, we're all being battered, and we have a department of war, and we have just incessant greed and exploitation and extraction, which is why I consistently, I hope you're not bored, try to speak to our common humanity, and how it's either going to be everyone or no one, because if we keep fighting like this and keep competing like this, how can we make more and more money with all the people that I helped die in hospitals and in my life?

I never saw anyone take money with them, never once, and the pharaohs kind of proved that too.

So, what I'm speaking to is from our former meeting, we are a tribal people, we are a collective cooperative people.

It's the only way we have gotten to here, but we have lost our way, and so I just really fervently request that we all think of how creative and balevolent and humane humanity might become by just remembering that we're all in this together.

You know, I lived in a segregated community, a gated community for like four minutes.

It's not just me, it's we, and can't we do this?

Can't we get along like Rodney King tried to say?

So, anyway, bless all of us, and oh, I just, people could be sheltered today with even minimal structures.

This is why I keep emphasizing the simple and the basic.

Thank you.

Thank you.

Next speaker, we have two minutes this evening.

Okay, great.

So we're outside banging our pots.

And all the people in Gaza, and it really sickens me that y'all just don't care about humanity.

And that's really sad because you're elected officials representing Berkeley, you don't care, you don't care, and you're talking while they're supposed to be listening, doing everything else.

Y'all would never look up, but people are dying.

I believe if Berkeley would have done something a long time ago, maybe you could have stopped this, but there's still time.

There's an arms embargo that you could do.

Arms embargo now.

You really need to think about these things.

Do you want to leave a legacy of the fucked up city council that you are right now, not caring about humanity?

Excuse my language, but you know, there's no holding back now.

Millions of people are dying because of your inaction.

I really believe that if Berkeley would have done something, things might be different now.

But no, you don't.

You just look at me like I'm I don't know.

But it's sad.

It's sad that you don't represent me, but you represent other people in Berkeley.

And that you don't care about humanity.

What that just wonder, wonder how you feel about yourself.

You must not love yourself that much either, which is really sad.

So love yourself and love your community.

Love your residents that elected you into office.

Do something.

Just don't sit there looking like a I won't say.

Free Palestine, free Palestine, free Palestine.

Next speaker.

We have one more in-room speaker.

The card says CK.

Hi, how are you?

I want to thank the city council.

Go ahead and move the mic up so we can hear you better.

I want to my name is Ed Ed Iskander, and I want to thank the Berkeley City Council and in particular uh Mayor Adina Ishi for the fine job job that she's doing, doing an excellent job.

I've been in Berkeley all my life.

I was I wasn't born here, but I've been here all my life.

And I went to school here.

I went to high school and college here.

And I had an interaction.

I've never once felt compelled to attend a Berkeley City Council meeting.

This is the first time I've ever done it, and I'm in my mid-50s.

Uh, I think you guys are doing a fantastic job.

Uh, I couldn't disagree more with the previous speaker and particularly Mary.

She's doing an excellent job.

I have never once in all my life I've lived here and been a student here and worked here to feel absolutely compelled to come and talk to you people about one of the worst abuses I've ever seen.

And I don't have neither I don't have the time, nor is this the appropriate venue, but I'd like to set up a time to meet with both the appropriate district member as well as uh a representative, a staff member of the mayor's office, if not with the mayor herself.

Uh something happened that was so egregious in nature, uh, that it contradicts not only the law but the very fundamental ethos of Berkeley.

Uh and I've never once come to a city council member.

I think it's so severe.

And I'm trying to meet with uh a council member Igor Tregoob, who I think is here today.

Hi, I'm the person who's been emailing you, and I'd also like to meet if possible, if not with the mayor, at least with a staff or representative of the mayor's office.

I don't know if that'll be possible.

Um I don't want to take too much time because I know you guys are pretty busy, and now's not the time nor the appropriate place to divulge details.

Uh, but I think it would be something that would be of extreme interest and also certainly very germane within the purview of both the council member or good council member as well as the mayor's office.

Can you direct me in that direction?

Yeah, thank you.

I I think my staff has actually just gone to get a card for you, so thank you very much.

Please definitely reach out.

I appreciate you coming and letting us know about that.

Thank you.

Okay, and we have one more speaker on Zoom.

Um, speaker um with the number caller, put the number ending in two one-one.

Um, you should be able to unmute and you have two minutes.

Hi, good evening.

Uh, first of all, uh, my assistant Roy uh delivered some paper for you today.

And we should really sit with that matter.

We're actually chill.

They're our duvic and the places in the rent mall.

They've been used for a story, believe it or not, prime property.

Thousand dollars a month's rent.

It's thousands a block away.

Okay, now what's happening in Washington DC?

Despicable.

Took years.

We're fascist, fascists took over Germany, Italy, Argentina, so it's taking a weeks.

I I have all the incompany.

I could not fire people at 12.

This man firing hundreds of thousands of people, he's destroying this beautiful country.

He's destroying it, and we're all helpless.

We can're not doing anything about it.

We're cannot do anything about it.

We need to speak out, and uh go forward.

It just creates your humanity.

There's no reason to kill people because of our different religion.

There's no reason whatsoever.

Well, thank you.

I look forward to meeting us sometime.

So have a good night.

Thank you.

That was our last speaker.

Okay.

Very good.

Um, for the consent calendar, do any of my council members have comments?

I and Councilmember Bartlett's on the queue, but um, I think maybe when he comes back.

Oh, yes.

Um, yes, Councilmember Taplin.

Uh yes, thank you very much, Madam Mayor, and good evening, everyone.

I just have one comment on tonight's consent calendar.

It is a comment on item 14.

I would like to relinquish 500 for my G13.

So the sacred rest, drop-in center landline.

I'm sorry, could you say one more time the amount?

500.

500.

Thank you.

Okay.

Um, you're back.

Councilmember Bartlett.

Thank you, Madam Mayor.

Um, uh, to the consent calendar, I just want to call the couple of things that really um I think deserve attention.

Uh number seven, this is um the contract for easy does it.

They're a wonderful organization by mobility for seniors and people who are disabled.

Uh they've had some changes, some drama and some issues, but I'm really glad that we're able to get them funded and up and up and at it again.

Thank you, Mr.

City Manager for your help on this one.

Thank you.

Very important group.

Um, and then uh item 12, very, very I want to source my support for item 12.

This is the uh the new California proposition 50, the election rigging response act, and you know, it's I guess it's refreshing to see some some democratic strength and some some energy, some energy to confront what's going on here.

It's really uh I'm really happy to see it.

So thank you.

Um Counselor Good for calling this work, calling us out.

And then lastly, item 11.

This is the um the vice mayor taplin's item, the recreation community facility improvement measures.

Happy to be a co-sponsor of this item.

Uh facilities are are being used by more and more people falling apart, needs it nights and re up to get the city for next generation, and also you get more equity as uh certain parts of the city uh have more decaying and and fewer resources for recreation as well.

So I'm gonna thank the the vice mayor.

And while I'm at it, I want to just uh call the vice mayor again.

It's uh your last night serving as vice mayor, and uh I know it's a thankless, a thankless role, and I want to say that you have served it nearly as good as anyone.

Thank you.

No, I'm just gonna as good as anyone.

Okay.

Yes, thank you.

Okay, um, thank you very much.

Councilmember Blackby.

Thanks, madam mayor.

I'll just say maybe not as as well as Vice Mayor Bartlett did, but pretty darn well.

We pretty darn well.

No, no, I'm just saying Vice Mayor Taplin relative to Vice Mayor.

So I just was commenting on the relative relative suits.

Okay.

Um a couple comments on the consent calendar.

First, just wanted to highlight that um item one is the second reading of the Sanctuary City ordinance.

So we're officially enacting that tonight, and really proud of our city for doing that, proud to be a co-sponsor of it.

And so just wanted to note this.

This is the official second reading tonight, and I'll go into effect.

So thanks to everyone for that.

Um, on item three, um, just thank the city manager for his comments about uh the eight million dollar grant item.

I do just again want to echo a couple of things here.

This is um this is a no-match grant from the city, it's a net positive eight million dollars to to the city.

Uh it helps implement Berkeley's Care Bridge program, uh, which is a post-arrest aversion and re-entry initiative for individuals, and behavioral health needs.

So, just in terms of as a city, when we're thinking about addressing our crisis with respect to homelessness, this is an important program, and this funding will uh be well utilized to help us uh go at some of the root causes.

So I just wanted to echo the appreciation for this grant.

Um, item 11 uh, which uh uh Vice Mayor Taplin authored on the recreation facilities.

I was proud to co-sponsor that uh as uh Councilmember Bartlett said it's important that we do find funding sources to rehabilitate recreational community facilities, and so looking forward to that work.

Uh, thank council member Trago for allowing me to co-sponsor the resolution supporting Prop 50.

Again, we all know how important uh this special election is in November with respect to control of the House of Representatives at the federal level and California's role in redistricting.

So thanks for authoring that measure.

Uh item 13.

Um, Councilmember O'Keefe would ask if I would ask if I could be out as a co-sponsor on the Berkeley Arts Center fall dinner.

Uh, would like to contribute up to 250 dollars from our office account towards that.

Um, item 14, thank Councilmember Lunapara for this item, would like to donate 250 dollars from our office for that.

Um, and also on item 15, wanted to thank Councilmember Lunapara and her team for their leadership on this measure around addressing some of the concerns and problems we have with the micromobility program in Berkeley.

Um, we do recognize that there is value in having micromobility devices in the city.

It's an important mode of transportation for many of our residents at the same time.

We've seen a proliferation of misuse, bad parking uh devices in the public right-away that affects people in my district, it affects people in most of our districts, and so council member Lunapara's item would help bring some of the fees for this program up to parity with other local communities, which would help us fund infrastructure to make this program more successful and reduce some of the strain on the rest of the city and on residents here.

So I wanted to thank Councilmember Lunapara for her leadership on that, and I was proud to co-sponsor that as well.

Um, and then lastly, thank the city auditor and the Berkeley Police Department for their work on item 21, which was the audit on overtime.

Um I know the audit is nearly complete, but the Citigate report, which underlies a lot of the work that BPT continues to do, will continue to be implemented.

So I look forward to future updates on the work and the progress we're making on implementing many of those recommendations.

And with that, I'm done.

Thanks.

Thank you, Councilmember Lunupara.

Thank you.

Um I want to first express my sincere gratitude to Carrie Aridondo, who was instrumental in securing the $8 million of Proposition 47 Cohort 5 money.

Um, her stellar leadership and commitment to restorative justice is apparent, and we are so grateful.

Um thank you to my colleagues who have donated to the to item 14, the Sacred Rest Drop-in center.

Um, this will help offset the cost of a landline phone, which the center will use to allow unhoused individuals to connect with their loved ones and apply to jobs.

People currently use staff's personal cell phones for this, which is not sustainable.

Um, so I respectfully ask that my colleagues join to support this service.

Um I would also like to give 200 to the Berkeley Art Center Community Dinner.

Um, and adding on to what Councilmember Blackaby was explaining about item 15.

Um, this is a referral to the city manager's office to amend the city's shared micromobility fee structure to bring our fees up to market rate and sustain an effective program by generating revenue for scooter and bike parking infrastructure.

Um, as a council, we received many complaints about improper scooter parking.

Um, and a study across five major U.S.

cities suggested that 75% of public complaints about shared micromobility programs are because of improperly parked vehicles, and there's also data that suggests that building more parking infrastructure greatly reduces the rate of improper parking.

Um, so we can retain what is valuable, which is this program that people use to get around our city while also improving the challenges.

And I'm appreciative for the feedback and partnership from Council Members Trago, Blackaby, and Humbert, and I also want to thank Public Works Director Davis and Deputy Director Amiri and their team for the tremendous work they are doing to balance a safe and effective program moving forward.

And I'm very grateful for the seriousness with which you take this issue.

Um, in addition to this referral, we'll also be collaborating with UC Berkeley to coordinate outreach and engagement among residents.

This is just one part of the puzzle, and we have to address it holistically.

Thank you so much.

Thank you, Councilmember.

Moving on to Councilmember Keefe.

Thank you, Mayor.

I want to speak about item 13.

Thank you so much to my colleagues who have donated, and I encourage the rest of you to consider the Berkeley Art Center.

You guys, if you don't know it, is so special.

And I'm actually really delighted to have an opportunity to highlight it because I it's one of the it's sort of like the best kept secret of District 5.

It should not be a secret because it's everybody should know about it.

It's in Live Oak Park in the sort of a um there's the main part of Bible Park, and then across Walnut, there's this other smaller section that has this beautiful building that has this amazing art um gallery space in it.

And it's been around since 1967.

Um they showcase uh local artists and curators, and I want to know that they also pay their artists and curators competitive wages, which is really unusual, and they do just amazing work, different shows all the time, and it's also just a beautiful space.

So I really am glad to take a moment to highlight their work and their existence and to support their community dinner, which is going to be October 16th coming up at 6 p.m.

So thank you again for donating.

And um, oh, and I also, speaking of donating, would like to give 250 dollars to item 14.

That sounds like a really wonderful program.

I'm happy to support it.

And those are all my comments.

Great, thank you very much.

Um, council member Humbert.

Thank you, Madam Mayor.

Um, I I want to you know uh highlight item 12.

Um, it is critical that we all vote in favor of proposition 50, and I really appreciate the work of councilmember Tregoub and his and fellow council members who've co-sponsored it uh to move this one forward.

Um, 13.

Um, I'd like to contribute 250 dollars to the community dinner um from our discretionary funds in District 8.

Um that sounds like a I need to go over there and see this place.

I'm not sure I've ever been there.

Oh, thank you.

Number 14, um, I'd like to contribute 250 dollars from our discretionary budget for to help the sacred rest drop-in center um purchase and maintain the landline.

That sounds like it's very important, and 15.

Um, I want to um really commend Councilmember Luna Potter's team, the council member herself and her her aides um and her whole team who worked really hard on this.

It's a really good product, and I'm just I'm very proud to co-sponsor it.

Um I'm looking forward to seeing um uh uh micro mobility um corrals uh and not the uh the scooters littered around the sidewalk, um, where we have to read about you know people with um impaired sight trying to navigate through a tangle of them if they're in a corral, you know, near a red curbed um crosswalk.

That will be wonderful, and thanks again.

This was really a great effort on the part of um District 7.

Thank you.

Thank you.

Councilmember Traga.

Uh thank you so much.

I would like to contribute 100 from my D13 account towards items 14 and 14, and thank the authors for those items.

I would like to thank my colleagues for your support of item 12.

Um, this was I because of the Brown Act, I could only add up to three other co-sponsors, but I was so heartened to hear so much interest and um friends.

This is really the best opportunity, the most immediate opportunity that we have to not only defend our democracy nationally, but we can do it in our very own backyards by talking to neighbors about the importance of passing Prop 50 this November.

And it was um an honor um to co-sponsor this item since this also deals with several uh historic buildings that need a lot of love and a lot of maintenance in my district.

And lastly, I wish to also thank uh on item 15 council member Luna Parra.

Um it's been a pleasure working with her office and with uh all of my co-sponsors, as well as with the public works director.

And I just wanted to emphasize um and echo what some have already mentioned.

Uh this is not the end all be all.

This is a very important step forward, but the work continues.

The work will continue until such time as I don't have to personally move micro-mobility dividers devices that are um maybe parked uh in the middle of the public right-of-way on my 15-minute walk to uh the office every day.

But I have seen a lot of improvement already, so I also want to thank the vendors.

I think one of them may be listening in uh for their collaboration um and their willingness to say yes, assess us um the the funding amount that um needs to be assessed to make this happen.

Um, and I want to thank public works as well.

We um most recently met last week, and uh very exciting to see some of the infrastructure improvements that may be coming on that front.

Um I know I said this was the last thing I was going to say, but I also wanted to echo Councilmember Luna Farah in thanking staff and in particular Kerry Arredondo for item three, and I'm excited to see this move forward.

Thank you.

Thank you very much.

Um Councilmember Kessarwani.

Thank you very much, Madam Mayor.

I also want to uh chime in to thank Council Member Tragu for his leadership on the resolution supporting California proposition 50.

I wanted to be recorded as donating 100 to the Art Center's fall 2025 community dinner and 100 to the Sacred Rest Drop-in Center Landline, and then finally I also wanted to thank Councilmember Luna Bata for the item related to the uh shared micromobility program and hope that uh that can make a difference in making our sidewalks safer for pedestrians.

Okay, thank you very much.

Thank you, Councilmember Taplin.

Uh thank you very much.

I misspoke my so I don't have one comment.

Um, I want to thank my colleagues for their support of item 11 as well as the directors of parks recreation waterfront and public works for their close partnership collaboration and guidance.

I want to relinquish 250 dollars to the Berkeley Art Center's community dinner, and I was wondering if there might be room to co-sponsor.

I believe I have a space for one more, and it's yours.

Thank you so much.

Yeah, thank you.

Okay, Councilmember Bartlett.

Thank you, Madam Mayor, and I wanted to uh be sure to contribute from a D13 account uh 250 to the Berkeley Arts Center's fall dinner, item 13.

Uh, and then also item 14, the um also contributing uh 200 dollars to the uh sacred rest drop-in center of their landline.

Thank you.

Okay, Councilmember Luna Prague.

Thank you.

I also just wanted to thank Council Member Trave um for the item on Prop 50, and thank you for allowing me to co-sponsor.

Thanks for your work.

Okay, um, so I would love to add myself to item 14 and also to uh put 250 dollars from our funds into that.

Thank you all so much for being here as well.

Um, that is is really an important service.

Um, and I want to just say a few words about item number three as well.

Thank you, City Manager, for those comments.

Um, and also big thank you as well to Carrie Arradondo, who's gotten many shout outs tonight.

Um, housing, homelessness, and public safety are some of my top priorities, and this three-year $8 million grant is incredible.

The fact that our city is paying attention to opportunities and then taking advantage of those opportunities so that we can continue to serve our community is really important.

Um, Berkeley Care Bridge will be dedicated to providing transitional housing with supportive services for folks who have been in and out of the justice system in the past three years, and with this funding, we'll be able to serve approximately 60 to 80 people a year.

Um, this is a really tremendous opportunity to help individuals break the cycle of recidivism by providing stability and integrated services.

And um, you know, we know there's not a one-size-fits-all solution to homelessness or recidivism.

While being on house is not the criteria for this program, we know that individuals who are in and out of the justice system often find themselves homeless or in unstable housing.

So Berkeley's leveraging every resource available to provide support to people in their journey towards safety, stability, and security in their lives, and I think we should really be celebrating that.

So thank you all again for your work there.

Um, and I think that is the remainder of my comments.

Okay.

Very good.

Is there a motion to approve the consent calendar?

I said move.

And public comment as well.

Sorry, apologies, thank you.

Yes, is there public comment on information items or consent calendar only?

Uh thank you.

Lots of good things on this agenda, but I am so excited by number three.

I I heard a presentation last year from Red State, Indiana, where a county was doing exactly this.

They were uh working with persons that had had contact with the criminal justice system, they were providing mental health and substance use and housing supports, and it was a really great support system.

And I kept thinking, how can a red state, how can a county in a red state be doing this in Berkeley can't be doing this, and now Berkeley is going to be doing this, and this is such a substantial amount of money.

I am just so happy that Berkeley looked towards this.

We have to the system, it can be so skewed, and this is to bring these issues together the way they need to be addressed, the way the persons need to be supported, the way the general community needs to be supported, and this is such a great accomplishment that the city manager's office looked towards this grant and received this grant, and I trust that the oversight will be good, and it's just it's just great.

And uh I I have to add that this was so disrespectful.

This is a young man honoring his father's death to have to hear this outside to have to hear this disruption, and that's inhumanity.

Thank you, Carol.

Thanks for thank you for saying that.

Hello, um, I'm excited to introduce myself as a new executive director at the Berkeley Arts Center.

This small but mighty art center is located in Live Oak Park in North Berkeley and has been serving the neighborhood and local arts community for the past 58 years.

I'm honored to be at the center that continues to provide compelling arts exhibitions and public programs and supporting artists and cultural arts workers from diverse communities.

I'm looking forward to connecting with my neighbors and the Bay Area community and all of you here come and visit.

Um, as I settle in at the Berkeley Arts Center, it's been almost two months, so I'm still relatively new there.

But I have been part of the Berkeley Art community for the last five years.

And actually, I used to work at Kala where uh Council Councilmember Toplin um uh I think we might have enacted at some point.

Um so it's also nice for me to be now um in District 5 with Council uh member O'Keefe.

Um but I'm inspired by our community and by the city's continuing support throughout the years.

Um thank you for your support.

It makes our work more meaningful and relevant, and I hope to see you at the community dinner.

Thank you.

Thank you.

I'm uh Tom Yom Gucci, District 2, and uh I'm a home care worker with the ISS IHSS program.

I'm also a member of the Commission on Aging, although I'm here speaking myself as an individual.

So I just like to thank you for your support through item six and seven on the Eco Grandparent uh and the uh easy does it.

These are really good worthy services.

I also wanted to uh thank you for certain support for Prop 50.

Uh my union, SCIU 2015 supports it several weeks ago.

We went out canvassing, walking uh door to door for it, and really it's gratifying.

I've to see the support.

I'm still waiting for my lawn sign, but I'm happy to see all the signs that are going up at Berkeley, and I see to reach out to see if I can get my sign up uh with the next few days.

Thanks.

Thanks, Tom.

Thanks for coming.

Hello again, and it's great to see that Carol got all excited about this thing that we actually accomplished.

I love to see it when she's happy, um, because holistically uh, you know, we need to be, this is where we can expand our uh horizon in terms of being holistic in all the things that people need, not just one.

Anyway, I'm really thankful for the easy desert because I have direct experience with how useful they are in health care, home care, and repair.

Uh, because it's pretty tough to get stranded on a street somewhere with a wheelchair that doesn't work.

So thank you for that.

And I also have major direct experience with the uh Sacred Rest and the Village of Love, run by Ari and People's Park for years, and I distributed tons of food to them and interacted with them and People's Park, etc.

It's really good to know where our money goes, where direct experience can let you know, so that it's not just going out there somewhere.

When I was doing construction, I didn't make any money on my materials or my subs.

It's like cut it to where it needs to be and where it needs to go and sacred rest and village of love gets it done.

And I am so grateful to them and all of you.

Have a great evening.

I'm gonna go now.

Thank you.

Thanks, Maria.

Hello, I'm Joey Harrison, the executive director and founder of the Village of Love that operates the Sacred Rest Drop-In Center.

And I want to thank you so much for your comments.

Thank you, thank you.

And I want to thank you all so much for um contributing.

Thank you.

Thank you, Councilmember Little Park.

Thank you so much.

This means a lot.

This is in Berkeley's home for me.

Um, you know, I started doing outreach here, and when I first started here in um Berkeley, and so I went through options.

I'm also a board of on the board of director for options, and so I operate the um sacred rest.

But I started doing the work uptown, downtown Berkeley, um, doing outreach, and that's where I got started, and years later, started the village of love, and we came back to Berkeley back home.

And thank you all so much.

Thank you.

Are there comments online?

Um let me just confirm.

Okay, we have one comments.

Um, the caller with the number ending zero zero zero.

Um, you may unmute.

Um, just as a reminder, these are comments specific to the consent calendar.

Yes.

Yes.

I'd love to mention immigrants building this country, beautiful country with visible immigrants.

Zero, besides the beautiful Native Americans who did play a big role as well.

Union administration almost one and a half million Americans died when Donald Trump called COVID-19 a hoax, China virus, all kind of garbage.

Also, the fact is the way we're treating all of this beautiful Mexican vivo, not in beable, brown beable.

It's disgusting.

So they're disgusting.

I think it's a south of 1960s.

I had to put a skin.

I had no problem, but I resented it.

I had many discussions with beast, with all kinds of people, and they were all awful.

And we're seeing that's all over again.

That has to stop.

By the way, watch your lessons head go to twenty dollars, watch your everything.

This is what we will say in our closure hierarchic.

Never mind money is dwindling in this country because this man is shutting the country down.

Thank you.

I wish you the best luck.

And again, Mayor Ishi, consider my proposal.

Thank you very much and good night.

Thank you.

And that was our last speaker on the consent calendar.

Okay, very good.

Um, I need to do a report out from our closed section session.

Uh, the city council directed the city attorney to initiate an action.

Uh, once the litigation is filed, the particulars shall be disclosed to any person upon inquiry inquiry, unless to do so would jeopardize the city's ability to effectuate service or process on one or more unserved parties or jeopardize the city's ability to conclude existing settlement negotiations to its advantage.

Okay, thank you.

Is there a motion to approve the consent calendar?

I so move.

Yes, sir.

Okay, any opposition?

Okay, consent calendar process.

Thank you all very much.

Um, okay, it is 706.

I would like to move on to the action calendar and take item 16 and then take a brief break so that we can take 7 and 18 together and allow for some time for our director, police accountability to get set up.

Um, so oh, and here you are.

Very good.

Thank you very much.

So um we are going to move on to item 16 changes to the planning and development fee schedule, and we have just a brief presentation.

Thank you, Mayor and Council.

I'm Aileen Pearson, Deputy Director of the Planning Department, and I'm here with Jim Bondi, management analyst from the director's office.

He's gonna give a brief presentation, brief discussion uh summary of what we're recommending, and then we'll both be here to answer questions.

Uh thank you, Madam Mayor Council.

Uh, item before you uh effectuates a fee structure for projects we think will be coming in starting November 1st under the new middle housing regulations you recently adopted.

There's also a uh handful of uh of cost neutral uh corrections and changes sprinkled in there.

Um the projects which come in after November 1st uh formerly would require a discretionary zoning process, will now be able to be approved ministerially, and we are proposing a zoning certificate for middle housing with a fee of two thousand dollars, which is the equivalent of about eight hours of staff time uh for the review of the zoning of these uh projects.

Um, our analysis makes uh looks like the on-balance fees will be about 50 to seventy-five percent less expensive for applicants than to propose the projects under the previous rules.

Uh, there's also a five hundred dollar uh neighborhood noticing fee, the same way we do with ADU projects.

Um happy to elaborate or answer any questions you might have.

Thank you.

Um, I have a question here from Councilmember Kessarwani.

Yes, thank you very much.

Well, thank you for this item.

Uh, because I think it's great news that because we will have this by right streamlined program, we can lower the permit fees.

I was wondering, you know, with the fee, I think you said two thousand for approximately eight hours of work.

If it's less work or more work, do you change the fee level?

Is it meaning is it by the hour of the of the staff person, or is it just this flat amount?

It's a flat amount, except for projects which are exceptionally complicated, in which case we have the right to invoice the applicant for additional hours that it may require.

Um, it's really it's hard to know what the uh what the staff time is going to look like.

We're gonna look at it after a year with of projects under our belt and come back to council if we need to make a revision to those fees.

But the the act of uh these projects are a lot more complicated than these neighbor the neighborhoods are used to seeing um being approved uh on ministerially.

So it is going to take some time for staff to uh suss out the details of the project, make sure it conforms to the objective standards.

Um we think eight hours is fair.

Okay, thank you very much.

Thank you.

Are there other questions from my colleagues?

Okay, in that case, I will take public comment on this item.

Any public comment?

No, no hands raised on Zoom.

Very good.

Um, are there council comments?

It looks like Council Member Traegov.

I would like to move the staff recommendation.

May I get a motion to close the public hearing?

Oh, uh, yes, motion to close the public hearing.

Um, is there any opposition to closing the public hearing?

Okay, we have closed the public hearing.

Motion to approve staff recommendations.

Okay.

Uh, any other comments before we close?

Okay, is there any opposition to this?

Very good.

Then motion passes.

Thank you both so much for coming this evening and for being here to present.

Okay.

Sorry.

Um, so I'm gonna ask our office of director of police accountability to go ahead and start setting up.

And we are gonna take a 10-minute break, and then we'll take items 17 and 18 on our action calendar.

Thank you all.

Recording stopped.

Okay.

Okay.

Okay.

Oh, this mic still feels very loud.

All right, I'm gonna call us back.

Um we are moving on to item 17.

Um, are you going to present on both at the same time?

Yes, I can do that.

Okay, so items seventeen and eighteen.

So seventeen is the resolution calling on the California State Legislature to amend government code section one two five one nine to allow heads of civilian oversight agencies directly request investigative assistance from the attorney general's office.

Okay, go ahead.

Yes, good evening, uh Mayor Yishi, members of council, uh colleagues and members of the public.

Um before I make a the brief presentations on these two items, if I can just take a couple of minutes to address some things that came up uh as I was attempting to agendize this item.

Um, this was the first time our office um utilized the uh companion report uh tool or feature uh that's within the um commissioner's manual, and that is um uh a feature that allows the city manager uh to um create uh or produce a companion report when a board or commission uh submits a report to council, and that companion report could either provide additional information or it can conflict or it can be in agreement with whatever the board and commission.

So being that I have a dual role as the secretary of the PAB, we utilize that feature to provide a companion report on the downtown task force policy review.

So these items were already presented to council through that companion report last year.

They have gone through the public safety uh committee process and also through the full council submission process.

And to bring it before you, we also utilize another feature in the uh council procedures, uh which is a feature I call the bypass feature.

I don't know if that's a proper name, uh, but essentially is uh an opportunity for a charter officer uh to bring or request that the full council uh review um an agenda item uh notwithstanding the rules and agenda committee.

So when I did present to the rules and agenda committee, there was a request uh to withdraw and uh resubmit and or uh send it to a committee.

The reason why I didn't believe that was appropriate uh is because we've had this issue lingering for a while and I thought it was ready for uh up and down vote for full council.

Um there was also a concern that the uh PAB had not taken action uh on these items.

These items, again, this is part of the companion report, they were presented to the PAB uh under the current uh city manager structure under the um uh the boards and commissions process.

There really isn't a mechanism that I'm aware of where a board and commission would then have to respond back to the city managers or the secretary's uh procedure, but we did bring these um companion report recommendations to the PAP.

So I just want to make sure that's acknowledged.

Uh and then just one little concern too was that the reports were not included in the rules and agenda meeting packet.

We did submit them uh through the process.

Uh we don't control that process.

We give the the record to the clerk, and the clerk provides that packet.

Uh, I'm not sure.

Sorry, did do you want to include all the I I just want to make sure you have time to present on the items themselves.

I know you're trying to give some background here, but I just want to be conscious of the fact that I know you've told me you have a certain amount of time that you were planning on presenting for.

Yeah, and I'm fine with that time.

I'm gonna be brief.

I just want to make sure that we're um the same page in terms of the process and how we got here at the table.

But that that was just the last item.

So um I'll start with uh 17.

Um, if you could please advance to the next slide, and that's the resolution uh calling on the legislature to amend um government code 12519.

So that is a government code that allows the attorney general to provide formal opinions to specialized or specific uh offices uh around the state, and uh specifically uh civilian oversight agencies are not included.

Uh, we do believe we are part of the ecosystem of public safety.

Uh and we um quite frankly, I believe it might have been an oversight in terms of uh legislative intent to not include uh civilian oversight specifically.

I have tried to reach out and in our office communicates with other entities to include attorney general.

Uh we did uh request in some uh instances uh opinions, but they have informed us because we're not uh one of the named um entities that there's no um a responsibility on their end to provide us any uh support.

So um if you advance to the next slide, please.

Okay, so these again uh these uh matters were um brought forth the recent sort of case study where we saw the gap was in the downtown task force policy review.

Uh and again, we don't have to go in depth in that.

I'm just contextualizing that that's where uh this sort of gap um we it was where we identified it.

We saw that there was a need to uh get some legal interpretations uh on some matters that that may not be clear and obviously we have access to our city attorney's office uh but uh this particular feature that is provided by the state is I think uh unparalleled and I think it could be not only a good feature for us in Berkeley but for all civilian oversight across the state so I think it we could be um setting the stage for um better police accountability around the state uh if you could please uh advance to the next slide okay and again the uh current um law 12519 it it limits who can receive these uh opinions so it's legislators constitutional officers county council dA sheriff city attorneys who have prosecutorial uh duties uh but it it it doesn't um name oversight directors or civilian oversight directors uh next slide please so in in that particular uh policy review there were some barriers to obtaining some critical information and it was a difference of opinion on law and how it was being interpreted uh we believe that the attorney general would be able to provide uh legal clarity on these contested issues uh and that their office is um has a lot of weight in terms of how these issues are interpreted uh next slide please in I think providing um more legal clarity is going to improve our our public confidence and trust in our oversight outcomes sometimes it is a message and issue for us to try to tell community members why we could or could not do things in the uh uh complexities of the the law uh whether it be poll barg uh other government code sections and and why we were able to take action or not take action uh next slide please uh also we just highlight in the resolution that there is uh a good um entry point for us uh our former mayor and now senator uh jesse at regin who is the chair of the Senate Public Safety Committee uh I have not had any conversation since he left here but I would like to think that this is something that could potentially get support uh we have that nexus there uh next slide please I don't I identify any um fiscal impacts to this um but uh I will let council be um the body that assesses where whether that's um accurate or not next slide please so the the resolution is included in the packet um and is to essentially amend the government code to include civilian oversight heads so we're calling on the state legislature to amend that law uh and um next slide final slide please on this okay so in order for us to uh be effective one of the principles um that that we echo in the field and and NACO the National Association of Civil and Oversight of Law Enforcement um we need to have teeth uh to be effective uh we do need legal clarity we have legal issues that get contested um and are contested all the time and it's not just a Berkeley thing other civilian oversight agencies uh around the state face these issues so I think we can all benefit as a community uh ensure we have uh robust public safety um in accountability I'll do I uh Madam Mayor do I go to the next um presentation or do you want to take um let's actually take some questions from this first okay to the other questions from my council colleagues yeah um okay from council member tapman first uh thanks uh I just can you so you you have not been in touch with the senator's office?

Is that correct?

No.

Correct.

Okay, thank you.

And then um I was wondering if I may ask a question of the city attorney um uh because I'm trying to better understand the respective roles of the city attorney and the attorney general with respect to personnel investigations um uh absolutely uh so the attorney general does not have um that type of capacity to to give legal opinions on personnel issues.

Um our office works with um both the HR department and various other parties to to provide advice, and uh advice to ODPA and the PAB also falls under our portfolio under the charter.

So we are specifically designated as the legal advisors to to the PAB and and ODPA.

Thank you.

Those are my questions.

Yes, Councilmember Bartlett.

Uh thank you.

Following the vice mayor, I was following the vice mayor.

Uh question the so I it's very interesting.

I'm wondering, um, in put any notes or like legislative notes um in the drafting process or deliberate process as to you know why they didn't include um offices like yours in the drafting.

I don't have that answer for you.

I don't uh know the legislative history and intent there.

To me, I might have just been an oversight.

We are in a very few places in the actual government code that were the reference civilian oversight, so it might be that's still developing within the code.

It'd be interesting to hear um here what they were thinking.

You know, you could reach out to them probably.

Thank you, Councilmember Blackaby.

Thanks, Madam Mayor.

Thank you for director for being here.

Um, in the item uh just in the title of resolution, I noticed your requesting investigative assistance from the AG.

You talk about like what do you have in mind there?

What does that look like?

Yeah, and I um in hindsight, that probably was uh um a misnomer or or were not quite communicating what uh I thought it would be communicating.

Uh in terms of investigative support, there are again uh areas where we um reach um um we have differences of opinion on what can legally be done uh what's accessible, and in sometimes they haven't been contested in court proper.

Um and we again tap into our city attorney's office, uh, but um the attorney general is uh uniquely positioned.

Uh this is within their the wheelhouse um dealing with these matters, and the another point of their process is the transparency, they put their legal opinions on the on their website, so we have access to that, and to give you an example of what investigative assistance could look like.

One of the questions opinion 80-807, uh, it was asked is the public safety officers' procedural bill of rights or poll bar applicable to sheriffs and police chiefs.

So that was a question that was um presented to that uh attorney general, and they provided an opinion, and now we all have access to that interpretation.

So that is the sort of legal assistance or investigative assistance that will allow us to move forward.

Okay.

Um yeah, because I just noticed in 12519.

I know they can provide opinions on question of law, but there's basically they cannot provide uh any resolution of a factual dispute.

So anyway, so just that piece of it was just felt like did not was not relevant to 12519.

So that was one thing I just noted and observed in the process.

Um other pieces of this, um, they noted in terms of the officers that are allowed to bring opinions under 12519.

They explicitly include um uh constitutional officers like the the governor and lieutenant governor.

They include state boards and commissions, they include the legislature, but um, you know, local bodies are excluded.

So, like the city can Berkeley City Council cannot ask an opinion of the AG.

Um, the Alameda County Board of Supervisors can't ask an opinion uh of the AG under under this.

So I think what I'm wrestling with is, you know, it seemed like they were pretty clear about state bodies versus local bodies.

They did give some, certainly gave some exceptions, district attorneys and prosecuting attorneys at the local level.

So anyway, that that's the part I'm wrestling with, is it felt like they were very clear in terms of the intent that they were they were trying to limit to certain groups and not others because we, for example, were explicitly excluded.

So one of the things I think I would wrestle with is like, you know, under does it feel appropriate for Berkeley's police accountability board to have this ability, but the city council or for example the county board of supervisors doesn't.

I would say they note that the attorney general shall give the attorney general's opinion in writing to a city prosecuting attorney when requested upon any question of law relating to criminal matters, and now we're a city charter does have uh references to violations, there could be criminal nature or misdemeanors.

Um this is again another concern of ours, or sometimes uh we feel like there might be violations of the charter that potentially could be criminal nature.

So I think that it does contemplate the at least the city attorney um, but the local level having that access.

Okay, um again, they've been pretty clear in this that like again they don't want to adjudicate uh local laws or local charter disputes.

I mean, again, I think that was pretty clear also in 12519.

I know there's some question about um, you know, whether the state law, you know, um how it applies when it may come in conflict with the local charter, but it, you know, I know like when it comes to adjudicating questions about the charter, questions about municipal ordinances, like they're like we're not gonna do that.

Um, and that's you know the city attorney's function.

Um so anyway, so I I just think there are a few of those questions to me that um make it anyway.

It feels less feels like a less clear ask based on the way this thing is designed and also the fact that under the charter uh the PAB does have the ability to either go to the city attorney for legal advice or if there's a conflict to bring in outside counsel.

Um so it does feel like to me anyway, that it feels like there is a there is a process for that under the charter, and for a variety of reasons, this sort of a G opinion to me feels a little bit out of step with a what the council can do itself, and also maybe the intent of the of the of section two one two five one nine.

So again, I'm not a lawyer, but just as I'm reading it and thinking through it and kind of considering the same things as you are.

So at least that's where I'm coming out on it.

Um, are there any examples, specific examples of a legal question that you would want to pose that you feel like you couldn't get advice on through another mechanism?

Um there are many.

Um, I sometimes uh questions regarding access to records uh in the scope of records, and there's differences of opinion there.

Um it would be helpful to get more clarity there uh because the I to our knowledge have not been contested um in the city, the attorney general would be I think a good um entity to provide opinions on it.

Okay, thank you.

Thanks, Mayor.

Thank you, Councilmember Humbert?

Yeah, I don't really have any questions, I have some comments.

Is that a okay at this point?

Let's wait um to do that.

Okay, that's okay.

Thank you.

Um other questions from folks?

I'm curious to know if you reached out to um the attorney general's office to have a conversation with them about this.

No, um, that did not um we did not do that, no.

And I didn't do that, and and I'm also curious that during this investigation, um, it seemed that you disagreed with our city attorney's position on a particular matter, and I'm wondering if you've uh reached out through the city attorney's office to attempt to get some support from the attorney general's office.

For I'm sorry, I'm trying to track the question.

So currently, because our city attorney could, to my understanding, reach out to the attorney general.

Have you tried to get support for from the attorney general's office through any of the means that currently exist?

Um, as it related to this particular policy review?

No, just generally.

We reach out to different entities to include attorney general.

So we we have done that, yes.

So you have reached out to the attorney general's office through these currently um existing ways of connecting to ask for support.

And that asked for support, uh asked for clarity, but again, this particular tool that um would allow for legal opinions, it is not uh they specifically told us that uh one was sort of uh uh a way to see if this would they would entertain a legal opinion uh will provide one for us, and they specifically told us we're not one of listed entities, so I see.

Okay, um, well, we're gonna move on then to public comment since there are no more questions.

Is there any public comment?

There are no hands raised on Zoom.

Okay, we'll move on to council comments then.

Councilmember Humbert, would you like to go first?

Sure, thank you, Madam Mayor.

Um, and I'll be I'll try to be brief and and I'll probably be blunt.

I'm I'm very reluctant to support approaches that increase potential for internal conflicts within city governments, this city government, and the state attorney general.

The increased staff time and legal costs associated with proliferating such conflicts should give us pause.

This is especially true when avenues already exist to bring various issues for investigation to the attention of the attorney general or state attorney general.

I'm also concerned that the content of this item is inconsistent with and even perhaps misrepresented by its summary.

The recommendation section reads adopt a resolution calling on the California state legislature to amend government code section 12519 to allow heads of civilian oversight agencies to directly request investigative assistance.

You know, as Councilmember Blackaby mentioned, the statute, and I am a lawyer and I've read the statute, and the statute doesn't have anything to do with investigative assistance, it's a statute that allows certain governmental um uh certain members of government um and prosecuting attorneys and city attorneys to ask for legal opinions.

It's uh it's a tri it's a process that has existed under California law for a long long time.

But this is not a uh statute that already provides um that the attorney general will provide investigative assistance um upon request.

So it doesn't really have anything to do with that.

But the summary section then launches into a discussion of a specific ODPA companion report and the set of recommendations contained in that companion report.

Then we have the resolution which references the companion report but ultimately takes no action specific to it.

The companion report is also included as an attachment.

Intentional or not, this altogether creates a sense of ambiguity about what this item is trying to achieve.

Are we advocating for legislation?

Are we being asked to sign off on some sort of admission or approval regarding this companion report?

Are we endorsing the companion report's recommendations?

Um they seem to be this all seems to be a repeat of the same confusion faced previously when the DPA attached this report to another item, but ultimately failed to clarify whatever it was, whether it was being presented purely for information or for some sort of action.

I want to say these questions could potentially have been resolved had the director of police accountability agreed to the request of the agenda and rules committee and extended the professional courtesy of having this item as well as the following item 18 go through the council's policy subcommittee process.

Instead, the director chose to exercise his prerogative, and he has that, to bring this this and item directly 18 directly to council.

I can't support this uh or the following item.

Um, and so I would be voting no on the item or uh to take no action.

Thank you.

Thank you.

Councilmember Taplin.

Uh thank you very much, and thanks for for being here.

Um I uh I'm not gonna be as eloquent as my colleagues here, but um you know, I think what Council Member Blackabee said is pretty clear, um, as well as Council Member Humbert, and I I heard a couple of things.

So it sounds like you made a request for the EG, which was declined.

There are disagreements with uh the city attorney around recorder matters.

Um I understand that, but sometimes it's it is disappointing to hear what we don't want to hear.

Uh a couple of things process-wise, I am concerned that there has not been communication or contact with the Senate or any other member of the legislature.

I think when we are what makes our relationship with the state so useful is being able to leverage the ability to reach out and work on things together so that we are moving in tandem.

Um, I recognize that this resolution is perhaps attempt to do that in one in one particular way.

Um I do think that these kinds of efforts would be more successful if that early outreach, that early engagement with the state ledge um might might be another thing to consider moving forward.

Thank you, Councilmember Trekub.

Thank you.

Um, I have a question for Councilmember Blackaby, actually, is the chair of the public safety committee.

Um I understand that the agenda committee discussion also included the possibility of sending the item to committee, and I don't know if you feel comfortable answering this on the dice, but how would you personally feel about this item moving to your committee?

Um, you know, procedurally that certainly appropriate.

I mean, I think, you know, given I think some of the concerns have been raised, I'm not sure how many of them are solvable, but certainly from procedural standpoint, we'd be happy and willing to hear it.

Yeah.

Any other comments?

Okay.

Other comments from council members.

Yes.

So um, so yeah, so it it appears as if um, you know, you're this is a foray into legislating that you're taking.

And um, you know, it's it's it's a tricky, it's a tricky game that we do, and uh what's very um we think things through a lot and we network and we work it out and we compromise and we land on something.

Um so I mean I for one don't feel uh that I even understand this enough to even vote on this, but what are the implications, right?

Like what what were they thinking when they wrote this?

City attorney has this implicate staff issues and um the labor unions, things like that.

These are issues that um I would need to be unpacked for me to digest, understand for voting on this.

So this is kind of thing that you would I would you would you would want to take through a subcommittee meeting.

And trust me, I've been in office for what nine years now.

I still go through the process and I get torn apart and reassemble, right?

If I can take it, you can take it too.

Um that's my suggestion to you is you you work on this and figure out what it what exactly you're trying to move forward and how it serves uh the interests of the city.

Thank you.

Um I'd like to make a motion that we take no action on this item.

Um should we take the role?

Let's take the roll.

Just on the motion, Councilmember Casarwani.

Yes.

Taplin, yes, Bartlett, yes, Tracub.

Pass.

Oh, Keith, yes.

Blackaby, yes.

Humbert?

Yes, Mayor Ishi?

Yes.

Councilmember Trakeb.

Aye.

Okay, thank you.

Uh, would you like to present 18?

Yes, please.

Um we're on slide next slide, please.

Okay.

So uh this one, uh again, it's part of the same uh package of um recommendations.

Um added a companion uh report.

Uh this one, um, our concern here was that there was some uh communications messaging uh being put out by the city, different departments that created confusion.

Uh we also see that there's still a current gap uh that that needs to, in my opinion and review uh be addressed.

Uh, if we want to have credibility while we're having these um critical incident reviews and investigations.

Um the resolution here, it is internal, it is um to for counsel to direct the city manager and the um uh city attorney to work together to create uh communications policy, develop training for city officials and build compliance mechanisms regarding communications, uh their independence of investigations.

Uh next slide, please.

Okay.

Again, uh same report.

Uh but specifically I'll just uh hone in on some of the the early messaging that was made on this, uh, because I think the context matters here.

Uh, but the the city manager at the time sent uh email to council um and indicated that the allegations were disturbing, uh, but said that there was no reason to pause the chief's appointment at the time.

Uh so I think that that from my investigative perspective, it could be very problematic.

Uh if they are disturbing, um, you should pause it.

Um this uh those emails became public.

Uh so now we're uh navigating uh investigational policy review with potential uh questions about impartiality uh and bias and prejudgment on the facts.

Uh next slide, please.

Uh currently there's no formal city policy that we um were able to identify that specifically spoke to this this issue.

Uh we believe that it risks uh premature ambiguous statements, prejudice and investigations, a road in public trust, and potential due process concerns.

Um next slide, please.

Uh a more live example of this just happened uh within the last week.

Uh the Daily Cal ran a story um indicating that they were going to we were going to have this conversation.

Uh uh a city spokesperson indicated that uh we are not aware of any findings of wrongdoing that came out of that um investigation.

While that's technically true, uh the city also indicated that the text messages were authenticated, and those text messages are public, and we I think all agree that many of them were either racist and appropriate uh or just not demonstrating the values uh that we have here as a city, um, and that one could say they objectively uh violate other city and post values.

So there's a lot of confusion there uh that risks undermining trust when we have these sort of statements being put out uh by the city apparatus.

Uh next slide, please.

So the idea here again is to just have consistency and principle of communication, uh, and then also it it gives the uh public an opportunity to have an expectation of what will be said, what won't be said during these sort of investigations and avoids mixed messages, um, and it protects the integrity of the investigations, the fair treatment of the individuals, both the accused uh and the accusers, the city's reputation for accountability.

Uh in that uh report, uh next slide, please.

We drew from potential guidance in the state bar, California, rule 3.6, uh, and also the US DOJ internal fare standards uh that speak to uh and both emphasize the neutrality and integrity of um the public facing process of an investigation.

Next slide, please.

For fiscal impacts, uh there will be staff time.

Uh we're happy to provide um any support that the two entities may need, uh any opinions, um, or any um particular research or best practices that we can assist in.

We didn't particularly write that in in the resolution.

Uh we wanted to respect the city managers and the city attorney's purview, but we're happy to be uh a resource if necessary.

Next slide, please.

So again, is uh to draft the communications policy that addresses um investigations of this nature?

Uh, what can be said what will be said, develop and implement training uh for city staff and create compliance mechanisms uh when there's deviation from those established protocols, and then have council review and approve the said policy.

And uh again, I think uh this is a gap that I believe still exists.

Next slide, please.

Uh, which is why we also brought it forth for council's consideration to ensure that moving forward we don't have any of these uh issues resurface.

Thank you.

Okay, um, Council Member Linopara, you have questions to start with?

Yeah, thank you.

I'm curious why this is written as a resolution instead of as a referral.

Um, no particular reason other than um there's no particular reason, it could have been a referral if okay, council member tacklin.

Thank you very much.

Uh I have a couple of questions.

Um I believe I have a question for each of the charter officers.

Um what do the investigation have to do with the chief's appointment?

Why would the city manager's communication, the council member regarding a matter under our purview, that being the appointment of the chief, impact a third party investigation?

Um, what was the question?

Sorry, um, what did the investigation have to do with the chief's appointment and why would the city manager's communication to council members regarding a matter under our purview, that purview being the appointment of uh the police chief impact a third party investigation?

Okay, so the history there was that um on the eve of um the comp for the chief uh uh uh Chief Lewis, current chief lewis.

She was an interim chief at the time, and this uh allegation surfaced on the eve of her appointment.

And the um former employee of the city, uh Officer Shadowdy, emailed the city council uh and raised concerns about activity of this uh downtown task force and implicated uh the interim chief at the time.

So the in what way was she implicated?

And I I received those emails.

I was so that she had knowledge of this uh um illegal practices of this downtown task force um activities, and that uh she didn't do anything, so she was at the time not interim chief, she was a captain of a different division.

Which time I'm sorry, at the time of the alleged uh misconduct, the alleged was conduct by the officers or by the officers, the bike force team.

Yes, I think that was correct.

The chronology was correct, but I think that the emails by the former officer were saying that she is disqualified to be a permanent chief because she had prior knowledge of these um uh actions by this downtown task force, and she did nothing about it.

Well, if she were not in a in a role to enact discipline, I'm not quite sure how she would anything about it.

But it sounds like the officer who emailed us, the former officer had an opinion that the city manager did not share.

But I'm asking how that would implicate the third-party investigation, which we didn't authorize until after this email was sent.

So I think that the point that um uh was trying to illustrate that there was an active allegation and concern of wrongdoing, uh, not only by this unit, but also by the person that uh we were going to name as chief of police permanent.

And when the communications uh by the city manager were saying that the allegations was reserved, but yet saying uh we will investigate this, but go ahead and appoint anyway, that there seems to be an inconsistency there in terms of the integrity of the investigation.

So if you're going to investigate, you shouldn't tell somebody to go ahead and appoint this person if we're taking this um these allegations against them seriously.

That was the chief being investigated.

At the time, that's what the city manager indicated that they will look into all the allegations brought forth in the uh emails by the former officer.

The daily calcill was from September of this year.

Yes.

Was there a live investigation?

Was there what I'm sorry?

Was there a live investigation at the time of the Daily Cal publication?

Not surrounding this, no.

Then thank you.

My next question is for the city manager or city attorney.

Does the city not currently have impartial impartiality and neutrality or other anti-biased policies, protocols, or mechanisms or city laws with which we must comply respecting personnel investigations?

We do.

Would it be possible to elaborate?

Yeah.

I mean, so there's there's personnel rules, there's state law, uh, there's the impartiality guidelines that the city has.

There are a lot of guardrails uh that are put in place to protect the integrity of an investigation when it's happening and to protect you know the person's presumed innocent while this going through this investigation, and it's not something that's commented on.

I I wanted to confirm that um what Paul also mentioned is enshrined in case law and um due process doctrines that mandate the city being during the course of a personnel investigation, it's taken very seriously, and there are guardrails to make sure that there's no prejudging um back to the issue of the investigation that happened related to the texting issue.

Um, a third-party, a completely neutral third-party investigator was brought on by my office separately from the city manager's office because the idea was that the city managers in in the chain of command, so we removed her from that, brought in an independent investigator.

Um, one of the main investigators was actually a former federal prosecutor that the PAB members, the the um ch the then chair of the PAB had recommended.

So it was a very kind of clean, thoughtful process.

Thank you very much.

Um, and then I just have my one final question.

Thanks for your patience.

Um, is there anything preventing the three charter officers from communicating to clarify these things to review these things together?

Why would counseling to give direction to the city manager for this to occur?

No, there's no there's nothing precluding us from talking about these things.

Thank you very much.

I'm happy to.

Yeah, we're happy and open to talk about issues and so if it's possible and you're open to it, you're happy to do.

Thank you.

Thank you, Councilmember Trackup.

Thank you.

Uh I have three questions, two of them for the director.

Thank you for your presentation.

Um, did the PAB as a body weigh in on this recommendation before it being brought here tonight?

Not weighed in, but it was presented to them.

So they were given the um this resolution, and um they were given the opportunity to send any materials and or to to make a vote one way or another.

Uh they took no action.

So they took no action.

Okay, thank you.

Um, was there an effort to discuss um this item with uh staff before it being brought to the council?

Uh to which staff, the city manager, city attorney?

Yes.

Uh, we did have a conversation with the city attorney.

Um before it went to rules and agenda, um, and we felt that it could still benefit from going through that process.

Uh thank you.

Um can I ask a follow-up question to that?

Of course.

Yeah, um, I'm curious.

What what did that conversation involve?

Uh um there were the city attorney's office wanted to get more understanding of what the sort of end outcome was here.

And we had a conversation also of what the uh the various bodies of law that they indicated that would sort of play into these things and also what it looks like in terms of litigation context versus um the administrative investigative context that we deal with.

Um then we talked about the possibility of are there any other avenues uh that can be explored in lieu of council given this sort of directive.

Okay, thank you.

Apologies.

Go ahead, council member.

Uh no, that was helpful.

Thank you.

Um, I have one question for uh the city manager.

Um, it says under fiscal impacts that it will primarily require staff time within the city manager's office, the city attorney's office and ODPA.

So actually, this is a question for both the city manager and the city attorney uh in any discussions to the extent that this was discussed.

Um, was there a discussion of um staff time and budgetary uh implications if we were to move forward with this tonight?

Council member, it wasn't discussed with me.

Uh and the budget issues and implications were not, we did not discuss that or um take it into account.

Thank you.

No further question.

Thank you.

Councilmember Backaby.

Thank you.

Um, just a few questions on kind of timeline and process uh of 2022.

And I'll just note uh I did serve on the PAB.

This was this particular incident was before my service.

The report uh was published while I was still on the PAB.

So I had some overlap at the end, but not certainly at the beginning.

Um, so one question is around sort of the communication from the city manager.

Because I agree, like, like there should be no appearance of putting thumbs on the scale or prejudging investigation.

That's why I think what the city attorney mentioned of having a third party investigation was really important and appropriate because it's outside of the chain of command.

There's someone else looking at the fact and basis and coming back with with recommendations.

Um, but she did not make a public statement at that point, right?

That was a communication to counsel internal.

The email, yeah.

Well, even the email, she acknowledged that this may become public.

So I think there was the recognition for that.

But at the certainly at the time, it was like it was a because again, I was not on the council, I've had some conversations uh with Councilmember Humbert, just refresh myself of the timeline.

But um, you know, this was a point when uh we had a vacancy in the police chief role.

We'd sort of been going through a process of trying to fill that role.

There was some urgency, it's sort of filling that position.

Uh, and I think you know, so the council was faced with a choice, right?

Of like, do we move forward or not move forward?

Um, city manager um, you know, gave kind of her uh recommendation based on what she had seen to date, but it certainly didn't affect the commencement of the investigation, didn't affect the completion of the investigation.

You know, if the investigation came back with recommendations that said, hey, the police chief really screwed up and was aware of all of this, I think the city council very likely would have made a different decision down the road, and we were would still would have been within our rights to do that.

But from the presumption of innocence perspective, right?

I mean, these are allegations that were not substantiated.

The city manager had done an initial look, granted to your the point in the memo.

She didn't do a full investigation of her own.

This was one day between when the allegations were received and when this communication came to council, but she had some initial inquiries, presumption of innocent on the chief, um, the sense that we needed to hire a police chief.

Probably some question as to whether the interim chief would have stuck around if we'd left her hanging out there like this for a while while this.

So there are a lot of factors at play here, and I think the appropriateness of having a third party doing the investigation, reaching a conclusion on the investigation, coming back to the council, and the council still having an ability to make a decision at the completion of that investigation does feel appropriate.

Also, doesn't feel like we were prejudging the results of it because the whole investigation was allowed to proceed.

Um did the PAB, I'm trying to remember did the PAB, in terms of its report making a determination of sort of the chief's involvement awareness of while she was a captain, you know, at the at the end of this.

What was the PAB's perspective on that question?

That wasn't the scope of the policy review.

So that would have been more appropriate for a personnel investigation.

Okay.

Okay.

So I, you know, so I I I understand and I agree with the intent in terms of not prejudging investigations and having the appearance that everything is done legitimately.

I do think the city acted.

Look, there were like I said, multiple uh factors at play here.

Um and uh so I I feels like what what was done was appropriate, and by the way, doesn't happen all the time.

Most personnel investigations don't involve uh right, the potential that you're gonna be moving forward, needing to move forward on a on a on hiring a new police chief.

Um so anyway, it felt like the investigation was allowed to continue, the personnel process moved uh as it needed to.

There's a presumption of innocence with respect to the person we're hiring as our police chief, and that could always have been revisited down the road if the investigation had gone a different way.

Um anyway, so I guess it's not a question, it's just a ramble.

But um, I'll have some more comments a little bit later.

Thank you.

Thank you, Councilmember Bartlett.

Thank you, Madam Mayor.

Uh, do you have any other uh examples of commentary that would uh you find suspect or should apply to this um this policy you envision?

Uh there were some recent statements uh regarding an officer involved shooting.

Um the uh district attorney has uh recently indicated that they will not uh charge any of the officers.

Uh but even in that um assessment, they indicated that they made no assessment uh or they made no conclusions about policy internal policy violations, but yet um in the local reporting of that it indicated that the city uh specific is that there's no wrongdoing.

And again, this is where the area um where we spoke with the city attorney's office, the the statements that can be made in that context when there's litigation involved are different from the uh administrative investigation context.

Obviously, the city would want to um uh mitigate um any concerns in terms of liability from from the litigation perspective, but also just navigating what that means for the internal investigations when there are uh internal investigations.

Our office has is required to toll um investigations uh when there's criminal um uh litigation or civil litigation, so we're technically still have uh officer-involved shootings under our review that are being told.

Sorry, can you just restate uh what was the statement and and uh contraposed to the fact to the fact that it was uh based on the that the city's position was that denies any wrongdoing in those officer involved shootings?

Uh and that again that's a position that might be appropriate for a litigation uh perspective, but there's still active administrative investigations, and uh we just don't know whether there were any procedural missteps um in those officer involved shootings from the policy perspective.

Okay, but so is this whether I'm sorry, was the statement made during the PAB investigation of the event or after it was complete?

Well, still pending it's it's being told right now, so there's a there's an active investigation that is being told, and these statements are coming out while there's the tolling of these investigations.

Oh, I see.

Okay.

So uh I guess, Mr.

City Manager, well, what's your your read on that um this this scenario?

Well, again, we're not commenting on any specifics of an investigation.

Okay.

So we say there's no wrongdoing, it means there's you're not talking about the investigation that's happening.

I'm not talking about any specifics related to the investigation that's ongoing.

I just don't understand.

I'm sorry, I'm sorry.

So I guess the statement there's no wrongdoing.

It so then we've concluded our our investigation.

There's no out there's no wrongdoing, and the PAB is previously to conduct theirs.

I see, I see.

So the C Manager is referring to an internal investigation by the DC.

The DA found that there was no wrongdoing.

I see.

Okay.

And so they're commenting on their own investigation as to your investigation.

Well, is that what's happening here?

Yeah, and just I'm not sure that the DA indicated there was no wrongdoing.

I think they indicated they weren't going to charge the officers, and they specifically said that they didn't make no conclusions about the policy uh implications, as were our arenas.

There's a personnel investigation that is going to assess whether there was a violation of policy.

So for the city as a whole to make that statement while we're trying to investigate through our administrative process, I think that's where my concern in terms of the conflict of impartiality and potential prejudgments are being made.

Okay.

The DA found that there were no grounds to charge the officers.

Yeah, I was gonna say, I mean, if there was something that had been if there had been wrongdoing, my assumption, my expectation would be that our district attorney would file charges.

So I think it's important to say that.

Are there other questions?

Okay.

Um is there public comment on this matter?

I can let you have the last word.

Oh, Emily Ragusa from the Berkeley Skinner.

I will say just this is a complicated issue, and I do think it really highlights the challenge of these different bodies.

Um I covered, I'm a reporter, I've covered these cases, a lot of policing cases, and I do recall with the texting, the city completed its investigation and did briefly comment on it.

And then the PAB investigation was maybe a year or more.

Don't quote me on that, but it took much longer to finish.

So then I think that creates a problem for the public too in terms of transparency, and I'm not blaming anyone.

There were a lot of administrative issues and challenges to get all the records and everything.

But I'm just saying, had there been no comment from the city for you know a year or more, then that really raises its own issue.

And we have this independent body that was, you know, but it's also has to work within the city structure.

I think these are really challenging issues, which is why there's still no regs, you know, permanent regs, and it's just these are really important things for the city to uh figure out, but I don't think limiting the city's ability to comment is the answer because that really creates a whole other can of worms from the transparency perspective.

Thank you.

Thank you, Carol.

Yeah, at the risk of offending the police accountability board, because I really believe the police accountability board is very important, it should exist.

I think they need more training because I've listened to both of these items, numbers 17 and 18.

Maybe they need to have more training to put together more persuasive recommendations with more facts so they can give you a harder time.

Because in the first case, in this in 17, I was thinking the same thing.

Why didn't they do more research?

Why didn't they uh contact the attorney general's office, etc.

It seems like all of that could have been done and they could have made it perhaps a more persuasive argument.

And in this new situation, the second situation rather than 18.

I never heard that there was a direct connection, substantial connection that the police chief had to the texting.

And so I'm hearing this tonight.

I agree with Emily that there should be uh the city manager should be able to comment when they're comfortable commenting, and they shouldn't be restrained from doing that because that creates additional transparency issues.

Uh, but it seems like there are a lot of facts missing here, and there's speculation, and the police accountability board maybe has needs to have more training before they bring recommendations at this level so that they bring something more substantive here for you to consider and debate.

Thank you.

Carol, with all due respect, we we did give him an opportunity to come and to have us work on it more before, and he chose to bring it here this evening.

So I have more comments about that, but I want to allow for the rest of public comment if there's anyone online.

We have one speaker online, uh Della Luna, you should be able to unmute yourself and speak.

Yeah, um, can you hear me all right?

Yes.

I think that this is a good idea, and I understand that it would be nice um if there was if it was more robust, but I don't feel like you what people are saying in opposition as if you're somehow restricting the city manager or other city staff from speaking when you're not.

The city manager could still make statements, but the statement could be there's a pending investigation from the police accountability board, you know.

So the city manager and other staff can still talk, but they shouldn't be saying things we found no evidence of wrongdoing, or like saying like the statements that were brought up were actually very clearly swaying, um, or making taking a side or clearing anyone of wrongdoing.

And so when someone like the city manager makes a statement like that, it does come across to the public as if that's the official city's um perspective.

And so I think that's what the piece that we haven't spoken to is like what it looks like when the city manager does make statements like that, and is the city manager speaking for the city of Berkeley, um, or not.

You know, or is it that just what the city manager thought in that moment when they saw what the uh district attorney said.

But my point is that I think that it wouldn't be restricting the staff.

They could still speak, but they just have to be more careful with what they say, um, and because they understand the impact that it has when the public reads that, and then it would also be acknowledging that there's different parts of the city, which we talk about all the time.

But this is like actually acknowledging that when you make a broad statement like that, then you're actually um taking away the power from another part of the city that's already functioning or independent body, you know.

So that's it, check.

Thank you.

That was our only raised hand on Zoom, okay.

Comments from council, starting with council member taplin.

Um, thank you.

Uh, I'm gonna try to speak frankly and briefly and warmly, or kindly at least, but um, you know, just having having uh, you know, gone through these kinds of items and conversations a few times now.

I feel like there's a pattern here, right?

Some people don't like the findings of the investigation, some people don't like the appointment of the police chief, and then we have to re keep relitigating each over and over again, and I don't think that's the best way to model this kind of configuration that we have here.

Yes, we have independent parts of the city.

Yes, we are all charter officers, um, and that comes with the understanding um uh and the professional grace to respect each other's jurisdictions and find a way within that to work together to our collective goal, you know.

Um it doesn't make sense that Daily Cal would be unable to publish something about a closed investigation in the year 2025.

It doesn't make sense that the city manager would not be able to give an opinion about a hire to the city council through internal communications, whether or not they can whether or not they get PRAD, and I you know, I there's a lot that I expect from this body.

I mean, from you know, PAB and the and the and the office, and there is so much potential that we have here in this town, and I really look forward to the day where we can really put that to use and really get some substantive material things accomplished.

Thank you.

Thank you, Councilmember Blackby.

Thanks.

Um thanks, madam Mayor, and thanks again, Director, for being here.

Uh, I want to pick up where um Councilmember Taplin left off.

Um, I uh I'm a sorry, Vice Mayor Taplin.

I am a former member of the PAB, as we mentioned before.

I believe wholeheartedly in the value of police oversight.

We have a great police department because we have great leadership, we have great officers, and we have a great oversight function to make sure that the entire process continues to work.

And I believe that.

I think this the structure we have, maybe not all of the uh the way it works necessarily every day, but the fact that we have a great department, we have a we have public confidence in the department, and we have a process for addressing concerns and problems, whether on the personnel side or on the policy side.

So especially when that oversight function is focused and targeted on the key goals, which is assuring accountability and personnel complaints, as well as commending officers that do good work, that's part of the PAB's role.

Um providing meaningful feedback on potential policy changes, which continues to happen, weighing in on the proposed BPT budget, which uh board member Wilson and I did um a couple of years ago.

Um that's all part of the charter, and those are all useful um functions.

And as Councilmember Taplin mentioned, Vice Mayor Taplin, there's so much good work still to be done in these coming months, just right immediately ahead of us.

Um there's standing up the new early intervention system, which I think is supposed to go online in Q4, and the PAB and the Department of working hand in hand on that, and that's an important mechanism to ensure again trust and credibility, identifying problem officers before they become problems.

Um, which again, we we can really lead on.

Um we've had a discussion up here, robust discussion about concerns and questions about flock cameras.

I again believe in the value of surveillance, but are there better vendors?

Are there other technology options?

That's a whole area that is great potential to be investigated.

We would, I think, all be very interested if there was another vendor to look at another vendor.

Um that's an area that is ripe for further work, timely work.

Um councilmember Vice Mayor Taplin just introduced a new policy on drone usage, which is gonna be coming to the public safety committee in the coming weeks, and I expect that will be a several-month process of reviewing and considering how do we use them, what are the limits that are that are appropriate there.

There's so much work that we can do together on that.

Uh, and finally, then we just drafted an item that's coming to council in the next couple of weeks, which is you know, it's been a four-year process to just try and enact the permanent regulations with the PAB.

This is this is a multi-this is not uh blaming and pointing a finger at anybody, but between the city, between the department, between the police association and between the PAB.

It's a complex negotiation, but it's been four years that we've been operating with interim regulations and not permanent regulations.

And like we need to bring that to a conclusion.

So there are so many things, as Vice Mayor Taplin mentioned that, like, where I think the PAB's role is really critical and really vital and could play an important, provide an important voice in these conversations, and I really hope that that's where we can sort of get to because I think we welcome that participation and that healthy debate and discussion.

So I know we'll we'll move forward and you know dispense uh we'll kind of reach decision on how we want to move forward with item eighteen, but I I hope we can move past these and then get back to the substantive work where the PAB can really add a ton of value, and I hope they will.

Thank you.

Thank you, Councilmember Bartlett.

Thank you.

Uh you know, um I also served on the forerunner to the PAB, the police review commission.

It, of course, was um less robust, it was less independent.

We didn't have um an executive like yourself.

Um, however, we did work, we did great work.

We uh, you know, we I was there after the first um the first riots or Brig Dangerous protests hit the hit the south side in Shattock after the young man was murdered.

Um, his St.

Louis in his name.

And so, you know, we reviewed thousands of hours of tapes of footage, and we came up with new rules around crowd control and and someone stands today.

And it was very incredible, it was an incredible process, learned a lot.

Um, you know, so but looking back on that era, my colleagues and I on that board, uh, we were so diligently focused on combing through that material and doing our best to create uh some new rules or some process to make make it easier to be safe in Berkeley and so I think that you in particular are faced with um a bit of an existential crisis um as we heard tonight we're unpacking this the statement the city has investigation that we rely on and you have yours and you know are you with us or you're not or separate and what's the deal who can who speaks to what when I think that they'll become more clear to you when you finish the task on your plate.

Because you know it appears as if you're um there we're in danger of sort of splitting our mind and focusing on too many things to set at the task at hand which is really accomplished the task before you and I want to say again I want to echo my comment my my colleague Ms.

Counselor Blackabu's comments uh your work's super important.

You know it's been 50 years of police uh civilian police oversight in city of Berkeley I think one of the one of the oldest in the country and as a result of our sustained attention and your stand attention uh we now have the best data around our pullover data use of force data um this this police force has rapidly in you know in in in years of term has is dramatically changed and evolved its practices to be much more fair much more resolutely uh aligned with the constitution and so your work's important to keep that going and keep us growing uh so I admonish you to please um you know for these items let's let's take it to the commission let's unpack it like for instance determine if if the city manager does have a policy around around commenting on civil and civil as affairs of employees and whatnot and this city attorney mentioned as well maybe you could discuss that at the committee and see where that like tied into it.

And if it doesn't work I mean you can make your own comment once you're once you have finished your investigation.

But I think right now um you're better off focusing on getting through step one.

Thank you.

Thank you.

Are there other comments from my council members?

Okay I want to make a motion um but let me just have some I have some comments first I want to make I want to first say I'm really disappointed that this came the way that it did um I I find it incredibly frustrating given that I know my colleagues and I were really trying to do that work as Carol said of coaching you on how to bring something that could be successful forward.

And I have found time and time again that even if we offer support and try to help to to change the way that that things are being brought forward so that they can be successful it just feels like um that you're in constant opposition with what we're recommending to you.

And it's not because we don't want to be supportive of the work that you do because I do feel like that's how it's being taken um I want to make sure it's clear that I have been very supportive of the work of PAB.

I'm very supportive of your office I want to see you be successful and and bringing things without the collaboration and communication with the relevant city staff is just not the way to move forward.

So I I really want to express my disappointment in in the way that this came forward.

It's also really interesting to me that no one from PAP came to speak in support of this tonight.

I think that that's worth mentioning and I want to say that I wanted to move this forward because I do think it is important that that communication is clear that we are clear about what is allowed and not allowed to say um and so with my item I'm moving to refer the item 18 to the b to the city attorney's office with direction to prepare a memorandum to staff and council addressing the applicable legal doctrines related to due process pending investigations and other related matters.

Second and um let's take the role on the recommendation, I'm sorry, on the motion.

Can I just ask it that can you just repeat it just because it was a couple of components?

I just didn't have sure.

So basically the idea is that there are already things that exist.

And so the memorandum would be uh it's a direction to the city attorney's office to prepare a memorandum to staff and council addressing the applicable legal doctrines related to due process, pending investigations, and other related matters.

So it's it's not asking for any new policy, but just restating existing policy.

Exactly.

A memo with the current policies that exist that dictate this issue.

Thank you.

Thank you for the clarification.

On the motion, Council Member Casarwani?

Yes.

Taplin?

Yes.

Bartlett?

Yes.

Trago.

Aye.

O'Keeffe?

Yes.

Blackaby.

Yes.

Munapara?

Yes.

Humbert?

Yes.

Mayor Ishii.

Yes.

Okay, thank you.

Thank you for your presentation.

We have.

You have a response.

I appreciate the feedback.

I've been here three years.

I've been consistently asking for performance evaluations.

So to be publicly given a performance evaluation like this, your expression of your disappointment with me.

I don't think it's appropriate.

And I think we should have a closed session conversation if there's other concerns about my performance.

But I do appreciate this conversation that we're having here and what the expectation of council is.

But I just want to note that I think it's important for our office to be able to perform to the expectations of council is to have clear direction metrics and um conversation about where we are on performance.

So I appreciate the feedback.

And as I have let you know via email that we are working on getting consultants to do evaluations of all of our charter officers, so that will be coming.

All right.

Is there any public comment for items not on the agenda?

There are no hands raised on Zoom.

Okay, is there motion to oh, sorry, did you have a public comment?

No.

Regular comment on anything not on the agenda.

Greetings, uh Madam Mayor and greetings uh council members and greetings uh to the public.

Um I just wanted to know if there's any programs out there where uh um single homeless individual can like uh set up his tent like in a backyard or something like that if they're quiet and clean.

I'm not aware of any of those programs that currently exist, but it's a good idea if anyone's got a backyard that they're open to that.

So, thank you.

Okay, is there a motion to adjourn?

Second, any opposition?

Okay, meeting is adjourned.

Thank you.

Recording stopped.