Good evening, everyone.

Um, I'm gonna call to order the Berkeley City Council meeting.

Today is Tuesday, January 27, 2026.

Clerk, can you please take the roll?

Okay.

Uh Councilmember Kessarwani.

Here.

Taplin, present.

Bartlett, here.

Tregab, present.

O'Keefe.

Sorry.

Blackaby here.

Vice Mayor Lunapara.

Here.

Councilmember Humbert here.

And Mayor Ishii.

Here.

Okay, all present.

Great.

Thank you so much.

We have an urgent item tonight on the agenda.

The resolution is called Demanding an End to ICE and CVP searches on Minneapolis and across the country.

Immediate DHS leadership changes and necessary guardrails for any future funding bill for DHS.

It falls under immediate action required, and there is a need to take immediate action, and the need for action came to the attention of the local agency subsequent to the agenda for this meeting being posted.

Councilmember Blackview, would you like to introduce the item?

Yeah, thanks.

And I can talk about it if we accept it more during the consent calendar.

But um a couple of facts here.

Obviously, we've all been um reacting um to the horrific events um that we've seen transpire in Minneapolis, and a couple of the murders of Renee Good and Alex Predi happened um after um our last agenda deadline.

And Congress is scheduled to vote on increased ICE funding this week.

So we felt um in consultation with the mayor and my co-sponsors that this is a an important time for us to speak out um and be heard, and so we wanted to submit this as a immediate action item for tonight's agenda.

So I would move that we do add it to the consent calendar for the two-thirds vote.

Um, and I also add uh Councilmember Taplin is a co-sponsor.

Second.

Thank you.

Um can we call the roll?

Okay, Councilmember Kesarwani.

Yes, Taplin, yes, Bartlett, yes.

Aye, O'Keefe.

Yes, Blackabee, yes.

Vice Mayor Lunapara, yes.

Councilmember Humbert, yes, and Mayor Ishi.

Yes.

Okay, the item has been added to the consent calendar for tonight's agenda.

Great, thank you so much.

Um, I'd like also like to turn it over to Mayor Ishii for some comments that she would like to make.

Thank you.

In that same vein, um, I wanted to add some comments.

So, in the last several weeks, of course, we've been closely monitoring the events unfolding in Minnesota, where the president has sent a surge of ICE agents to cause chaos as punishment for state and local policies that support the immigrant community.

As the first sanctuary city in the country, the city of Berkeley stands in solidarity with Minnesota and the Twin Cities and will do everything it can to support them in protecting their communities against this unprecedented federal intrusion.

In that vein, I'm pleased to announce that Berkeley will be signing on to an amicus brief from local governments across the country in support of Minnesota and the Twin Cities.

The brief argues that the Minnesota federal court should halt the president's ICE invasion, dubbed Operation Metro Surge, immediately because it violates the Tenth Amendment of the U.S.

Constitution and has caused immense harm to the local community in Minnesota.

The brief also highlights the harms that similar ICE invasions have caused and will continue to cause to public safety and local law enforcement throughout the country if the court does not act.

Through this action, as well as the sanctuary ordinance of the city enshrined into law last year.

Thank you so much, Mayor.

Um we're gonna start with ceremonial matters.

Councilmember, we have um three adjournments in memory, and we'll also be um talking about the Holocaust Rembrandt Day, which is today.

So first we'll go to Councilmember Blackby, who has an adjournment in memory for Martin Marty Loeber.

Councilmember.

Thank you, Acting Mayor.

Um, I know Marty's wife, Joanne and former Councilmember Rosniack are also here to share some comments.

Um, so um, you know, we're asking the council tonight to adjourn in memory of Marty Lorber.

Um Marty passed away on the November 3rd, 2025.

For nearly 50 years, he made his home in Berkeley and became an extraordinary presence in the life of our city.

Marty was interesting, fun, and deeply caring.

He was genuinely curious about people and their lives, and he had a rare gift for connection.

An uber schmoozer, in the best sense of the word.

Marty could talk to anyone about anything at any time.

If you ran into him on a walk, you knew you would be late for your next appointment.

But the conversation, the laughter, and the human connection would always be worth it.

Though Marty was brilliant, he was accepted MIT at the age of 16 in the medical school in Rome.

He wore his intellect lightly.

He communicated with warmth and ease, putting people at comfort from the first moment he met them.

He was, above all, a wonderful neighbor.

Marty served the community in countless ways, a primary care internist for 34 years, medical director for numerous convalescent facilities.

He chaired the Berkeley Commission on Aging, served as a history docent at the Oakland Museum of California, and was past president of the Hillside Neighborhood Association.

He volunteered with Meals on Wheels and was a steadfast advocate for Berkeley's Lawn Bowling Club, helping to protect it from development and strengthen its sense of community alongside his wife Joanne, who's with us here.

Marty also played a crucial role in the long and complex consultations among neighbors, the city and the school board, regarding the future of Hillside School.

It was Marty who conducted the neighborhood survey, largely through his own tireless door-to-door efforts, establishing what funding the community could bring to the transition.

He was endlessly generous with his time, often offering health advice or an informal second opinion to neighbors who sought his counsel.

On a personal note, I can say during some of the long days and nights of my campaign in 2024 and more recently as a council member, whenever I ran into Marty in the neighborhood, he was always quick with a smile, with words of friendly encouragement and a pick-me-up that always really got me going.

And I will always miss that.

The last email I ever received from him, uh addressed to Susan Wengraaff and me just a few weeks before he died, was quintessentially Marty, and so I wanted to share a little of that with you.

Hi to both of you.

Sorry I missed last night's fire safety meeting, however close it was to home.

I have been waylaid by an onset of widespread pancreatic cancer and blood clots.

Darn, exclamation point, exclamation point.

I wanted again to say to each of you how pleased I've been of your major efforts over time to promote the core basis of the fire safety council that I nurtured in the Hillside Association for so long.

I'm so proud of your energies, even if I won't be around to see the end effects.

Please personally pass on to Chief Sprague my similar salute and respect for his ongoing principal impact on these developments.

Keep up the good fight, hugs from me, Marty.

Marty Lorper was a spectacular neighbor and a true asset to Berkeley.

His passing is a profound loss to our city, and his kindness, service, and presence will be deeply missed.

An honor of Marty.

Councilmember Woznack or Joanne, did you have something to say?

Thank you, Councilmember.

Well, I just want to thank you all for recognizing Marty.

He was a spectacular man, and um I was it was my privilege to be with him for so many years, and I appreciate the recognition that you're getting him.

Um he'd be smiling if he were here today.

Thank you, and Gordon is our dear friend.

Yes, I want to thank the mayor and counsel for honoring Marty Lorber.

I just I want to amplify a couple things that were said.

I met Marty probably 40 years ago when my son was in the soccer league.

He was a soccer FX, he knew everything about soccer.

Okay, he was also in touch.

But he's very interested.

He was a referee and refereed many, many games, and that's where I first met him.

And I was somewhat in all of I've soccer was alien to me.

I grew up with baseball and football.

But then, you know, about 20 or so years later, when he married Joanne, which was a very good friend of my wife, Xavy, um, we were part of we started meeting and having dinner and lunch.

He was a found out he was an amazing cook.

Found as you said, he got into uh MIT out of high school.

And I after I graduated from college, I applied the MIG and they turned me down.

Okay.

I had to come to Cal.

Which was a great school, too.

But uh Marty was really a renaissance man.

He he took he audited classes at Cal all the time.

He went to Ollie classes, and he, if you didn't know it, he would look it up and come back and we you could discuss it.

But he didn't, as Brent said, he didn't wear as.

I mean, he was a really renessant, he knew lots and lots of stuff, but he he didn't overwhelm you with it.

He liked to engage what you brought to the table, but he just knew amazing amount of things.

And the last thing I sort of want to say, other than taking credit for appointing to the aging commission, which I think he did amazing.

I mean, he got you got appointed, you know, chair of the commission on the first meeting.

I mean, that's almost unheard of.

Okay, you usually have to you have to be there for a year or more, and you start as vice chair and you work your way up, and he was he was made chair immediately.

So the last thing I want to tell you is at some point after I retired.

We were talking about film and literature and about murder mysteries, and somehow it came out of that.

Why don't we teach an alley class on poison?

Okay, we call it the elements of murder, how poison was basically used in history and films and politics and movies and and murder mysteries, and he had all the medical knowledge of why things killed you, and I could fill something in on the chemistry, and it was a lot of fun.

Okay, he could he could do anything.

He was an amazing person, and as you also heard, he was a really good citizen.

He took his, you know, he he tried to contribute to make things better, and so we'll miss him greatly.

And uh thank you again for honoring him.

Thank you so much.

Uh, former Councilmember Rosniak, and thank you, Councilmember Blackaby.

Um, Councilmember Trageup has asked that we also adjourn in memory of Barbara Lubin.

Councilmember Trago, would you like to share what you prepared?

Thank you, madam, acting mayor.

I would like us to adjourn this meeting in memory of Barbara Lubin, who passed away on December 13th, 2025, surrounded by her husband Howard Levine, her four adult children, and seven grandchildren.

Born in Philadelphia, Barbara was a lifelong activist for social justice.

She served as a draft counselor during the Vietnam War, and despite being a high school dropout, actively engaged with the anti-war and civil rights movements.

After giving birth to her son Charlie in 1969, who was born with Down syndrome, Barbara chose to raise him at home, defying medical advice to institutionalize him.

This decision shaped her lifelong advocacy for children with developmental disabilities.

After moving to Berkeley in 1973, she fought for inclusive education, successfully challenging the school district and helping create the model school, a fully integrated school for children of all abilities.

She also defended Charlie's social inclusion, founding the Elmwood Preservation Alliance to save a beloved local soda fountain and advocating for commercial rent control to protect small businesses.

Barbara's activism extended globally in the 1980s, she supported Central American refugees and opposed U.S.

intervention in Latin America, spending time in Santa Rita Women's Prison for Civil Disobedience.

She co-founded the Middle East Children's Alliance, or Mecca, for over three decades, Mecca supported clean water programs, playgrounds, youth media, and child psychology centers, always responding to the needs of local communities.

Barbara lived by the principle that what was good for her children, especially Charlie, was good for all children.

Fearless, witty, and unwavering in her convictions, she built solidarity across boundaries of nationality, ethnicity, and religion, leaving a profound legacy in Mecca in Berkeley, and in the lives of everyone she touched.

And I believe we have uh Howard here.

Yes, if you would like to come up and say a few words.

Thank you, Councilmember.

Go ahead.

Hi, my name is Harold Levina, and I was Barbara Louis and Husserl and partner for almost 40 years.

On behalf of her children, Christy, Liz, Charlie, and Alex, and her grandchildren, Sochi, Rio, Rosa, Tess, Isabel, Eab, and Solomon.

I want to thank the mayor and the city council members for honoring Barbara tonight.

There are so many words to describe, Barbara, leader, organizer, visionary, activist, champion, hero, inspiration.

She was angry, outraged, outrageous, passionate, compassionate, loving, sarcastic, and hilarious.

But all these words are still inadequate to obtain who she was.

Barbara was a high school dropout who lectured at Harvard Medical School and was elected to the Berkeley Board of Education.

And the school board member Barbara fought to make sure that every student in Berkeley had the same right to an excellent, diverse and accessible education, no matter where they lived or what challenges they faced.

Barbara was a stay-mall, stay-at-home mom who in front of her down syndrome of Charlie Wright to a maid from education.

Felt she had protect the Ozzy's A Soda Fountain Charlie went to each day to give Barbara some needed respite.

That meant taking on some of Berkeley's biggest commercial real estate developers.

She beat them to help bring commercial rank control pervert to Berkeley and helping preserve the character of neighborhoods like the Elmwood.

Until the stand out launched a few years later.

Barbara was a Jewish grandmother who became one of the loudest, fiercest, and most evicted voices for justice in Palestine in this country and internationally.

As her school board terror was ending in 1986, the first Palestinian Tefara was just beginning, and Barbara joined one of the first delegations of elected officials and activists to visit Occupy Palestine and see firsthand the brutality of the occupation.

Her entire worldview as a U.S.

taxpayer and supporter of Israel was undone, and she was determined to do something about it.

In 1988, she co-founded the Middle East Tourism Alliance.

This was at a time when Palestine was not talked about in polite circles.

It couldn't even be discussed in progressive areas.

Barbara helped change all that, and now no progressive agenda is complete if Palestine isn't included.

She inspired hundreds and probably thousands of people who become activists for Palestine.

I'm proud to say I was the first.

Since his founding, the Middle East Tourist Alliance has delivered millions of dollars worth of aid to the West Bank and Gaza Strip, provided academic scholarships to hundreds of students that supported projects all over the area.

Barbara felt a special connection to the people of Gaza and traveled there several times a year for nearly 30 years.

She got to know the people and established many programs that provided an infrastructure for our organizations all over the world to provide life-saving aid during the bombing of Gaza in 2018 and again during the current and ongoing slaughter.

In these dark times, we need many more Barbara Lubens, but really there was only ever one.

Thanks again for this honor.

Thank you so much.

And thank you again, Councilmember.

Um Councilmember Cassarwani has also suggested an adjournment in memory as well for Renee Nicole Good and Alex Predi.

Um would you like to present, Councilmember?

Yes, thank you very much.

Um, Madam Vice Mayor.

So I would like to move that the City Council also adjourned tonight's meeting in memory of Renee Nicole Good and Alex Jeffrey Predi, two residents of Minneapolis, Minnesota, who, as we all know, their lives were tragically cut short by federal immigration agents earlier this month.

Renee Nicole Good was age 37.

She was a devoted mother of three, a prize-winning poet, and a self-described writer, mother, and wife.

Remembered by her family as a kind-hearted soul and an amazing human being.

Renee was killed by an ICE agent on January 7th, just blocks from her home.

She had recently moved to Minneapolis to start a new chapter where she was known for her compassion, her love of singing, and her dedication to her children.

Alex Jeffrey Pready, also age 37, was a registered nurse in the intensive care unit at the Minneapolis VA health care system.

Alex spent his career caring for our nation's veterans and was described by colleagues as a gentle soul who always looked for ways to help others.

On January 24th, while acting as a peaceful observer and attempting to assist a bystander, he was fatally shot by federal agents.

Alex died as he lived, taking care of people and standing up for the dignity of his neighbors.

The deaths of Renee and Alex have sparked nationwide mourning and calls for accountability.

As we adjourn tonight, we honor their commitment to community, their roles as caregivers and creators, and their ultimate sacrifice in the name of witnessing and protecting others.

We extend our deepest condolences to their families, their friends, and the community of Minneapolis.

May their memories be a blessing and an inspiration to all who strive for justice and peace here in Berkeley and throughout the country.

Thank you.

Thank you so much, Councilmember.

Today, January 27th is also International Holocaust Remembrance Day, and it marks the 81st anniversary of the liberation of Auschwitz in January 1945.

Councilmember Humbert would like to read an acknowledgement and reflection of the day from Albany Mayor McWadd.

So I'll hand it over to him.

Yes.

Thank you, Madam Acting Mayor.

And this is a statement written by the mayor of Albany, Peggy McQuaid, but I don't think it can be improved upon.

So I would like to read it in this context.

Each year on January 27th, communities around the world observe International Holocaust Remembrance Day, commemorating the liberation of Auschwitz Birkenau, the largest Nazi concentration and extermination camp.

January 27, 2026 marks the 81st anniversary of that liberation.

This is a time for our community to pause and reflect on one of the darkest chapters in human history.

On this day, designated by the United Nations General Assembly, we remember the six million Jews systematically murdered by the Nazi regime, along with millions of other innocent victims, including people with disabilities, political dissidents, Roma people, LGBTQ individuals, and others who were targeted for persecution and extermination.

As a community, we recognize that remembrance is not only about honoring the past, but about shaping the future through education, reflection, and moral action.

Learning about the Holocaust by sharing survivor stories, teaching historical truth, and confronting misinformation helps ensure the future generations that future generations understand the consequences of hatred and the importance of standing up for one another.

Grounded in these lessons, we reaffirm our shared values of human dignity, inclusion, compassion, and mutual respect, and we stand united against anti-Semitism and all forms of hatred and discrimination here in our community and beyond.

Thank you.

Thank you so much, Councilmember.

We are now moving on to city manager comments.

City Manager, do you have any comments tonight?

Yes, thank you, Acting Mayor.

I have uh two things on the agenda I want to make comments about.

The first is item number six, which is an option agreement with TSA Holding Group LLC for 199 Seawall Drive.

Um there's been some questions about this, and I just want to clarify on the record that uh that the city does intend to um to follow its labor peace policy ordinance, and I'll I'll read part of the relevant part of that right here, which is 2.0, section 2.102.030, which provides that the city should not shall not execute a hospitality operations lease or substantial amendment providing for the use development or operation of a hospitality operation within the marina zone in which the city has a proprietary interest unless and until the project applicant, developer or owner, and any operator or manager of the hospitality operation has provided evidence that it is entered into a labor peace agreement covering the hospitality.

I just if if you're gonna have conversations, please step outside so we can hear city manager.

Sorry about that.

Thank you.

That's okay.

Just covering the hospitality operations pursue it.

So essentially the city uh it through this ordinance is required to have a labor peace agreement prior to executing a lease and intends to follow that.

I've had conversations with uh principals both from Unite here and from TSA Holdings, and everyone is aware of and understanding and agreeable to that fact that the city has to follow that ordinance.

Um, secondly, I'm requesting that item 20 be removed from tonight's agenda.

Um that item is an appeal of the zoning board's adjustment um zoning adjustment board's decision to approve a use permit for 2109 Virginia.

We didn't notice that properly, so it cannot that item cannot be heard today, and we've requested that agenda and rules that it go to the February 10th meeting, but I just wanted to say that on the record as well.

And that's all.

Thank you.

Thank you so much.

Um, Mr.

C.

Manager.

If if you would like to comment on item 20 tonight, you may do so during the public comment on the consent calendar, but we will not be holding a public hearing for that item this evening.

Um, if you'd like to participate in that the public hearing for that item, you may do so on February 10th.

Um now we will go on to public comment on non-agenda matters.

Do we have um in-person comments?

We just have uh four cards for in-person commenters, uh, Andrea Pritchett, Russell Bates, Michael Johnson, and uh former council member Cheryl Davila.

So you guys come up in any order.

If your name was called, please um please come line up.

Let's see.

Um public comment on non-agenda matters, I believe it's one minute per person.

Yes, uh, I'll just ask if there is anybody who is participating in the meeting remotely through Zoom that would like to speak on non-agenda public comment.

If you would uh please raise your hand now.

Anybody participating on Zoom that would like to give comments on items not on the agenda, please use the raise hand function now.

There's no raised hands, so we have four cards, so we can just two minutes.

We can do two minutes each.

Thanks.

Go ahead.

All right, it's ironic to me that uh the sevens of people who were murdered just because they were who they are, are now perpetuating the genocide against the people of Gaza and Palestine going on over two years now.

I'd like to propose that the Berkeley City Council at some point acknowledge that by having the Gaza genocide remembrance day, so that will not be forgotten.

And the white pool people who belong in Palestine 48 will eventually hopefully be signed as free and be able to deal with their situations by themselves their way.

Thank you for your comment.

Next speaker, scary.

So uh my name is Andrea Pritchett, and I'm here tonight because I'm only concerned.

I filed the police uh accountability complaint on June 4th.

I tried to bear witness, as the council member mentioned, how crucial it is to bear witness when we see state power unjustly being used against the innocent.

I have waited seven months for the PAB to be able to produce relevant documents.

I am waiting for the chief to release the relevant documents in that case.

That that you guys can can your hearts are broken as they should be about what happened to Alex and what happened to Renee.

But let's remember that they were trying to bear witness to injustice.

Our police in our town threatened to arrest.

They pushed, they put hands on, they put up barriers to our observation, and after all these months, I've gotten no satisfaction.

Nobody has come to me and said, here's what we're gonna do about it.

Nobody has have any of you looked at the video.

Have any of you concerned yourself with our police department?

Because what I see is that we are instead of opening and transparent and working with the community, every measure that this council has supported, is in the opposite direction.

It takes us, we can't listen to scanner codes anymore.

We're being subjected to mass surveillance.

We are we are re- trying to reintroduce tear gas.

You're seeking to opt out of council review of agreements with those agencies that are perpetrating these crimes.

I have more to say later, comment.

Thank you.

Next next commenter.

This is not a campaign speech or anything like that, so um, but I just uh you know wanted to get out into the community and let you know who I am and what I stand for.

I had a moment to go around the community before the meeting tonight.

And I asked people this weird question.

I said, Do you know anything about judges?

What do you think about the court?

Uh other than the explicatives they gave me.

Um they just said you know they want fairness, they want access, they want to be seen and respected and heard.

And so in my 30 years as an attorney and my five years uh as a pro tem judge, I give that.

And so I'm gonna be out in the community uh till the June 2nd election, just letting people know about my campaign, about me, and the values and things that I hold dear, and the values and things that people uh hold dear in the community.

So thank you for this opportunity.

And if you have any questions, I'll be outside.

Thank you.

Thank you for your comment.

We have one more um commenter, former council member Davila.

Go ahead, free Palestine.

Um, so you do a remembrance of the Holocaust, lovely, but you know, there's a Holocaust going on right now that none of you have tried to stop.

And can you pay attention?

Can you look up?

Can you listen?

Act like you're doing your job.

Um, because people are dying every day in Palestine, continued.

I'm glad to see that you have your kafia again because nothing's changed, and you I haven't stopped wearing mine because nothing's changed.

People are still dying, people are still starving, it's not real.

Isn't letting anything in to help people they're going through really bad storms, rains, um, really cold temperatures, babies are dying, freezing to death, mayor and council, freezing to death.

Can you imagine?

I can't.

I have a home I live in, an apartment anyway in Berkeley, but people are dying, and you guys don't care, can't even look up.

Not my representative in district two.

Um it's just really sad that y'all don't give a crap about dying babies, dying people, and we're a sanctuary city.

What are you gonna do when ice comes here?

Because you know, it's I don't I hope it doesn't happen, but we need to prepare for that, and tear gas isn't the way.

Uh council members who brought that forward, you know who you are.

Um, it's bear, it's meant for bears, animals, not people, and publicly I want to thank uh the the council member who gave me the shovel at the African American holistic resources.

Thank you for the councilmember, for your comments.

Um, just to double check if there's anyone online who would like to give a non-agenda public comment.

Yes, there's two hands raised.

First is um Alana Hauerbach.

Thank you.

Go ahead.

Hi, good evening, everyone.

Uh, this is Elon Aurbach, and I wanted you to know what our flock cameras are doing.

It was the day before Thanksgiving.

I came back, uh, I was walking um to my car from the dojo um on university, and I saw oh, I think it was four or five police SUVs.

They pulled over one car, they were parked on Berkeley Way, and two young 20-something people were handcuffed, each of them, you know, uh a young man, young woman, taken to two different cars.

I'm recording, I'm you know, wondering if they've been told their rights.

Then one of the cops goes and looks in their um suitcases it that were in the trunk of the car, and he told me that he had gotten permission from uh the driver of the car, and so um, and the per the driver of the car had given him permission to search the car.

But no, our Berkeley police would not search the car.

They followed this young couple around Berkeley for an hour.

Um, because it was marked on flock by a San Jose police officer.

So they impounded the car on a Wednesday.

These two young people, 20 something year olds, live in their car.

They do door dash to support themselves.

Now they are have no car, they have no home, they have no way to make money.

That officer did not come up to Berkeley until Monday.

Do you know how much money it was over twelve hundred dollars?

How many?

Why didn't they just search the car for a firearm?

There was no firearm in that car.

The San Jose police officer caused undue harm to these young people, thanks to flock.

That was totally unnecessary.

How many more of these incidents are happening when somebody like me is not watching to be a safety net for young people whose homes get taken away by our police department?

Your time is done.

Thank you for your comment.

Okay.

Next comment.

And last speaker's uh phone number ending in zero zero zero.

Go ahead.

Hi, good evening.

So, my sister, hand you some paper today, and just read it carefully.

Well, going to file complaint with the office, as we did again at a game a few couple of years ago.

Uh, the way the city of Berkeley could do the business to the resident of Berkeley is shameful.

What's happening in Washington, DC?

This is monstrous.

The German, you're the fascist.

We had to say they came to my neighbor, nobody spoke.

And they came to my brother, nobody spoke.

And uh, they came to me, nobody was left to speak for me.

This is what's happening.

This is a fascist.

This man is a Russian Jordan horse, destroying everything, every country in the world.

Happy education, except America.

Every country of the world have great health care, except America.

You saw a bunch of animals, and that's insulting animals.

Take another this country, trash is garbage, bloody.

What they did to this poor this innocent man in in Minnesota and the woman uh is unforgivable.

It is unforgivable.

Wake up everybody, we're going to come up to you.

You are naked, each and everyone you, no matter what color or greed or race or anything.

They're going to come up to all of you.

Take you away.

Take your money away.

Have a good night.

Thank you for your comment.

Um, I think that concludes non-agenda public comment.

Thank you so much.

Um, we're gonna move on to the consent calendar now.

First, um, before we take comments, I'd like to move item 22, creating accessible routes for writers, equity and the environment, car-free budget referral to fund limiting cars on Telegraph Avenue to the consent calendar.

Are there any objections?

Okay, then um item 22 moves to consent.

Thank you so much.

Um, Councilmembers, are there any comments on the consent calendar?

Who wants to start?

Councilmember Blackaby.

All right, I'm number 31 according to this, so that's right.

That's okay.

Um, just two comments.

Um, first on item one.

I just wanted to thank um the city manager, public works, and the city attorney's office for their really important and quick work.

Um, this is an item that many of us might just sort of flip through very quickly on an agenda, but this was a really important issue in our district, um, affecting several residents and an unstable hillside.

Uh, and so kind of upon learning about the situation, um, city staff really leapt into action and are moving quickly to address it.

So I just wanted to thank um staff um for all their work on this.

Really important to uh residents there, and I appreciate we really appreciate the efforts.

Um, and then second, I since we agendized the resolution, um, the ICE resolution tonight.

I know we did it wasn't in the packet.

I did want to spend just a couple of minutes um to run through it, especially for people who are online who might not have a physical copy.

Um, so on the resolution, um, first of all, I just wanted to thank the mayor uh and Julie Sinai from her team, uh thank Councilmember Lunapara, thank um Lori McWater from my team for all their work to put this together.

Um, was really kind of a group collaborative effort to put something together that we thought we hoped and I hope you'll agree, um, kind of responds to the moment that we find ourselves in.

Um, because again, what we're seeing in Minneapolis, what we've seen in Chicago, what we've seen in LA, we very well know um could could happen here or to other communities near us, and it was important to us to sort of uh to plant a flag about it and and ask for relief and demand changes.

Um, and so this was our effort to uh provide a vehicle where we could speak with one voice about that.

Um, so very briefly to highlight what we say in this resolution.

It's it's demanding an end to the ICE and CBP surges in Minneapolis across the country.

It's demanding immediate DHS leadership changes and demanding necessary guardrails for any future funding bill for DHS.

So on the first page, again, we just recite um the egregious actions, the horrific assaults that we have seen in recent weeks.

Uh, we highlight in particular um the fact that 10 individuals have have died since September, including Renee Good, Alex Predi, Keith Porter Jr., and Silverio Villegas Gonzalez.

Um, in addition, at least nine children have been detained, including one toddler.

Particularly cruel and inhumane.

Uh, and the conditions of immigration detention facilities where people are being housed while they're being detained, being completely substandard and inadequate.

Um, since President Trump has taken office, 37 people that we know of so far have died, including many deaths that we know have been preventable.

So the resolved clauses are what we are asking for in the resolution.

Um, the first is that we wanted to pledge our support and stand with the people of Minnesota, including Governor Walls, Lieutenant Governor, the mayors, uh, the city councils, um, and all the people of Minnesota who are again doing what I think the people of Berkeley would be doing if we face the same situation, which is peacefully protesting this lawless surge.

Um, we're calling for an immediate end to Operation Metro Surge and demanding that no future surges be initiated in any other city across the country.

Uh we're calling for the resignation of Secretary Noam and failing that for impeachment of the secretary, calling for the firing of uh Gregory Bovino and Stephen Miller, and calling for um that the officers who are responsible for these deaths be held accountable uh for their actions by the states, if not by the United United States Department of Justice.

And then the big piece of this really is is calling on Congress then to put in the guardrails for future action.

It's really the power of the purse where this needs to happen.

Ending the lawlessness, requiring masks, ending detention abuses, and we're calling on Congress not to provide any additional funding for DHS without these guardrails, and until the leadership changes have taken place.

Um we're calling on Congress to restructure DHS, to fundamentally rebuild from ground up to abolish ice in the process, and to start over because what we have is clearly not working and is working to the detriment of people in this country.

And then lastly, we're asking that the governor here and the attorney general here help us prepare in this state for what we hope doesn't happen, but we know could happen, um, and conducting additional training for the troops the for CHP and National Guard that we know will be called in to protect peaceful protesters here in California.

So to prepare for that eventuality.

Hope we don't need it.

And also to prepare, as the mayor said earlier, legal action to halt any future threatened federal funding cuts to sanctuary city jurisdictions like ours.

And then we wanted to send a copy of this resolution to our entire congressional delegation as well as leadership in Minnesota and our um state senator and our assembly member.

So again, I appreciate all the work that went into this, and um appreciate the support of my colleagues, and we'll be proud if we uh move this forward tonight.

Thank you.

Thank you so much, Councilmember Blackaby, Councilmember Bartlett, and then Councilmember Humbert.

Thank you, Madam Acting Mayor, and uh and thank you, Council Blackaby, for your work.

They're really uh wonderful uh positioning for us to take.

Thank you.

Um more local lighter note, just want to recognize uh uh one of our dear dear constituents here.

Uh item number 11 is urban ore, contract renewal.

Uh Mary Lewis in the House, I see.

Uh Urban Ore is a place that makes uh that makes uh makes gold from lead, if you will.

And um it was the we worked together on the Zero Waste Commission way back in the other decade.

It's my first commission, and uh great work.

Congratulate you.

You did great work for the community, your your labor turns are good.

You serve the city well uh year after year.

Thank you.

Thank you, Councilmember.

Councilmember Humbert.

Yes, thank you, madam acting mayor.

And first, I want to thank Councilmember Blackaby and the co-sponsors uh for bringing this urgency item.

Um it's a really incredibly compelling document.

I also want to ask and want to thank everybody who pitched in uh and worked on this on such an accelerated basis.

It's just a critically important thing, and um and I read it and as I read it, I was very moved by it.

And I don't know if there's any room for one more co-sponsor.

Councilmember for Blackaby.

Okay, yeah, I do uh thank you.

Um anyway, it's uh it's uh it's an incredible compelling document, and I really appreciate it.

Um with respect to item other items on the consent calendar.

Um item number five, um, which is uh a contract for converting the Santa Fe track bed to a park.

I just want to say I'm really excited about the prospect of a new park for Berkeley.

Can't wait to to go down there and see it and process and and see it when it's done.

Um, and now that we have transferred wait a second.

Oh, um item number 17.

I refer to the city manager to include in the community survey a poll question about increasing sales tax in the city of Berkeley.

Um, I thank Councilmember Cassarwani for bringing this.

I'm pleased to support it.

Surrounding cities have increased their sales taxes the extra half percent to 10.75, and given our dire budget circumstances, we should follow suit.

I think as I understand it, it may mean maybe five million dollars in increased revenues for the general fund.

It's certainly uh certainly polling our constituents about this makes sense, and on okay where the action calendar, except number 22, has moved to consent, and I have comments that I want to make about that.

If now's the appropriate time, yes, now's now the right time.

I'm grateful to be added by Vice Mayor Lunapara as a co-sponsor on this item.

I've gotten a number of emails.

This is the item for um creating accessible routes for riders, equity, and the environment, car-free budget referral to fund limiting cars on Telegraph Avenue.

I'm grateful, as I said, to be added as a co-sponsor.

I've gotten a number of emails from constituents strongly in support of pedestrianizing telegraph from Dwight to Bancroft.

Something that councils, apparently, since time immemorial have been considering.

Vice um Vice Mayor Lunapar's excellent staff found evidence of discussion as early as 1968, I think.

Was it earlier?

Or is that the earliest?

A long time ago.

It makes all the sense in the world.

We can see just how culturally and economically vibrant pedestrian corridors leading up to major universities are in other cities, including Charlottesville, Virginia, the University of Virginia, and Boulder, Colorado, the Pearl Street Mall leading up to the University of Colorado campus.

I think this should be a perfect project for funding from our LRDP settlement with the university and funds for Measure FF.

Thank you again, Vice Mayor, for bringing this item.

And I certainly support it.

Thanks.

Thank you so much, Councilmember.

I'm gonna go to Mayor Ishii and then Councilmember O'Keefe.

Thank you very much.

Um I've got some comments here.

I want to start by thanking Councilmember Blackabee for uh and his staff for working on this item so quickly.

Um I am in DC at the U.S.

Conference of Mayors and actually meeting with our representatives here.

We met with Congresswoman Simon's office today and um let them know about some of the work that we're doing here, including this resolution and the amicus brief that we've signed on to.

I also really want to thank school board member Jen Korn who sent us the um draft that we were working off of.

So thank you, um, school board member.

Also excited about um item number five moving forward for the Santa Fe track bed to park conversion remediation demolition perimeter fencing project.

It's been a long time coming, and it's great to see the progress.

Um I'm pleased to work to support item 11, which is the contract with Urban Orr.

Now that they settled their contract with the workers, really appreciate that we're able to move that forward.

Um, for item 16, I want to thank Councilmember Lunapara and Councilmember Humbert, Vice Mayor Lunapara and Council Member Humbert Bear Green to serve on the newly organized AC Transit Joint Interagency Liaison Committee consisting of Berkeley and Emeryville.

And um just to briefly comment on car-free telegraph.

Very excited to uh also be added on this item as well and in support, uh, of course, as a as a supporter.

Um, I do just I think there are some folks there to speak, and um, I want to thank you all for being there to speak in support.

And um, and yeah, I'm looking forward to reporting back from the US Conference of Mayors.

Thanks very much.

Thank you so much, Mayor.

Um, Councilmember O'Keefe.

Thank you, Vice Mayor.

Um, I originally didn't have anything to say about the consent calendar, but um now that uh was it item 22 uh was moved to it, I do have something to say, which is um I wanted to uh really be clear about my support for it because uh I was made such a fuss about the last time we talked about the treatment of traffic on telegraph.

And while I still feel that way, I want to make clear that I I think that uh telegraph is a very different street north and south of Dwight, and I think north of Dwight, I think this makes perfect sense.

I think it's an amazing um improvement to that area every time I find myself driving on telegraph on that part of Telegraph.

I wonder why I'm there.

It feels very unsafe and very unnatural, and I think it would be really transformative for that area to be, you know, essentially pedestrian, um, pedestrian only.

So I just wanted to be explicit about my support, and I'm glad it's on the consent calendar.

I'm happy to support it.

Thank you so much for your support, Councilmember.

Um there are no other.

Oh, Councilmember Tragen.

Sorry, the parliamentarian is on the flips.

Uh thank you.

Acting madam or madam acting Mayor.

Um I I first wanted to uh thank uh you and your team for the excellent work on item 22, car free, and I am excited to support it.

And um it was uh I really appreciated the report um in uh just how long it has actually been to get to this point so hopefully this is one of the last um um blocks to navigate before we get all the way there to that vision of a um a telegraph for all um i um i wanted to just also say um a few words of appreciation to council member blackaby and the mayor and all the co-sponsors on the urgency item um there are truly no words to describe the depth of depravity that has been normalized by the cruel policies unleashed by this federal administration.

If you want to have a very long cry, watch the video of the send-off of uh Alex Pretti in um where he is being saluted by ICU nurses.

But I also want to thank the members of this community for their solidarity.

And on Saturday, this has been when I got the news of yet another extra legal killing in Minnesota.

Um frankly, I just wanted to lock myself in and uh stay in bed, and it was a constituent uh in my district, Wendy, who invited me to actually not do that, but to come out to Civic Center Park and stage a spontaneous protest, and we did, and we were joined by more and more folks.

Just um we saw a former state senator walking by and she joined us for a few minutes.

A lady was driving by uh driving down from Placer County, and she joined us for the entire hour that we were there, and then the next day, the nurses at Oakland Children's staged uh a rally that was um I saw probably hundreds of people there.

Um I know that the community here is not braving sub-zero weather and um these um agents in neighborhoods um to the extent that Minnesotas are, but I want to just express my um statement of solidarity and the community's statement of solidarity with the good people of Minnesota.

The arc of the moral universe is long, but it ever bends towards justice.

Thank you so much, Councilmember.

Um I have a couple comments I want to give.

I first I want to thank Council Member Blackaby and co-sponsors and their staff for the partnership on this urgency item.

Um I feel privileged to serve on a body that is boldly standing up and saying that ICE must be abolished.

Um, and I want to remind our community that for over a year we as a city have been preparing for increased immigration enforcement in Berkeley in collaboration with our partner organizations, and I have faith that our government and our residents are prepared to rise up and nonviolently resist if and when the Trump administration ramps up their attacks on our neighbors.

For those who want to learn more about how to support um each other, reach out to the members of the Berkeley Immigration Collaborative, the Social Justice Collaborative, Multicultural Institute, East Bay Sanctuary Covenant, East Bay Community Law Center, and OASIS Legal Services.

I also want to encourage people to join me at the rally for justice for victims of ice terror at Sproul Plaza at UC Berkeley tomorrow at 2 p.m.

Um I also want to thank the mayor for um adding myself and council member taplin to the AC Transit Um liaison committee.

Um for item 22.

I first want to add Mayor Ishii, Councilmember Humber, and Councilmember Blackaby.

Thank you for your co-sponsorship and my colleagues for your support.

Um I'm really excited about this referral.

It's been really a long time in the making, and if you read um all of the details of the referral, you can see a lot of the research that we've done.

Um from information as far as held in the UC Berkeley Library.

This project was first introduced in 1963 and has been identified as a priority in hands a handful of items since then across iterations of councils and varying political landscapes.

As the item highlights, district seven has the highest concentration of collision injuries compared to other districts, has the highest rate rate of residents who walk, bike, and take public transit, and households who do not own cars, and has the highest rate of new housing development and population growth.

During my campaign in 2024, traffic violence in Southside was one of the biggest concerns among District 7 residents.

And whilst outside complete streets has made a huge difference in the lives of residents, visitors, and students, Telegraph Avenue remains a high injury deadly corridor.

District 7 is uniquely positioned to become a citywide model for pedestrian, bicycle and transit center design.

Given the city's considerable investment in new street safety infrastructure through Measure FF and the concurrent safety upgrades in the area, this is a prime moment to request the long overdue funding to move this project forward.

The budget is also a top concern of mine, and I know of our council as well.

So I wanted to be cognizant of this when requesting such a large sum of money.

This item requests zero zero dollars from the general fund.

It instead requests funding from special funds with restricted uses, um, the the most prominent being LRDP, which is restricted from UC Berkeley settlement to be used within a mile of main campus boundaries.

For future phases, I hope that the project can leverage county, state, and federal transportation funds as needed.

I also want to give a huge thank you to Director Davis to Deputy Director Amiri and their work for collaborating on this budget referral.

Your work is greatly appreciated.

Um I just want to note that in terms of process, this is just the budget component of former Councilmember Robinson's referral, which was passed in 2022.

Um this work also could not have been done without them.

So I want to thank him, his staff, and the countless advocates for keeping this 60-year-long project alive.

Um I also want to thank um on item 11.

I want to thank the workers of Urban Ore for showing us such a powerful example of labor organizing, and I'm happy that this contract can finally move forward.

Thank you.

Um, if there are no more comments from council members, we can go on to public comment on the consent calendar.

Um I would like to remind everyone that the consent calendar public comment period is the public's opportunity to speak on item 20 as well, if you would like to tonight, as well as item 22.

So please come up if you have a comment on the item, and if you're online, please raise your hand.

We're gonna have um one minute per speaker given the amount of speakers that would like to comment.

Uh I was I want to speak on the ICE item.

When Renee Good was shot, I believe the ICE agent that shot her is an eight-year employee.

And when Alex Pratty was murdered, he was murdered by a border agent of 10 years.

This is really disturbing because it makes you wonder how many people have crossed the border from Mexico from Central American countries, but there were no cameras there.

How many people weren't American citizens who have been murdered?

And this didn't happen overnight.

Their personalities didn't change overnight.

And so I'm not confident that even if Christy Gnome was gone or Gregory Bovino was gone and Stephen Miller were we're all gone, that we would have not have this going on.

We are gonna have a lot of repair to do.

Thank you.

Thank you for your comment.

Next speaker, please.

Go ahead.

Hello, I'm Mary Lou Van Deventer from Urban Ore.

I'm the general manager right now and uh co-owner with my husband Daniel Knapp, who uh Dr.

Daniel Knapp, who is the uh founder really.

Uh, and I want to thank you very much, uh, Council Mabel Bartlett.

I appreciate it.

Uh and uh thought your work was very good when you were on the um commission.

Uh I wanted to say, as you consider our contract tonight, that um urban ore was called into the city's 1976 solid waste management plan when the city of Berkeley was running its own landfill, which is now Caesar Chavez Park.

Uh there was a nonprofit who tried to do this and failed, and we arose from its dashes and we have succeeded.

So we've been going since uh October 1980.

We incorporated in July 1981.

And I wanted you to know that we've always been true to our promise to pay a living wage, you everyone has one minute.

But thank you so much for your comments.

Thanks.

Next speaker, please.

Hello, council.

My name is Bryce Nesbitt.

Um, been here before, but not for a while.

I actually drive more on telegraph these days because of how my work ends up.

But every time I do, just like Shoshana O'Keefe said, I wonder, I don't that it's not the right place to be with a car, really.

But I do have a challenge for you as counsel, and it'll be hard for you.

You'll be thinking of this as a bike or pedestrian or kind of greeny activity, but there's a lot of businesses along that corridor, and I challenge you to think of this as a business first move.

Because that corridor only makes sense in the context of those businesses being vibrant, being able to get their deliveries, being able to operate their business.

And I think that'll be hard for you as a council.

Other things in the city have not been particularly friendly to local businesses, including the corridors plan.

But let's be super positive.

Thank you for your telegraph right.

Thank you.

Next speaker, please.

Go ahead.

Hi, uh, my name is Sonia Carabao.

I'm with Unite Here Local 2.

We represent hotel and restaurant workers around the Bay Area, including at the Double Tree, uh Berkeley, the residents in, and formerly at his lordship's.

And um, we sent some concerns about the option agreement with TSL TSA Holdings that's here in front of you tonight, uh, relating to worker retention and to labor piece.

Uh, but we have discussed with the city manager, and as he said, we are comfortable moving forward with this tonight.

Um, and we really appreciate uh both uh Vice Mayor Luna Para's office and the city manager for working with us on this.

Thank you.

Thank you so much.

Next comment, please.

Good evening, Council.

My name is Layla Hamidi.

I'm a UC Berkeley student, a member of Telegraph for People, and a former volunteer for the Measure FF campaign.

And I'd like to thank um Vice Mayor Luna Para and her staff for introducing item 22 to the agenda and urge the council to pass it on consent.

Um, as we all know, pedestrianizing telegraph north of Delaware is a long interview overdue intervention that will improve safety, livability, and environmental conditions for everyone who lives, works, and visits in the south side.

District 7 was where I was lucky enough to experience life in a dense urban walkable environment for the first time, and I'm so proud to know that I was part of a movement to give other future UC Berkeley students um the opportunity to experience the full potential of Telegraph if we know it.

So I'm very grateful to everyone in this council who supports this measure and allocating this money, especially in a tight budget year, and I hope that this momentum will be carried towards researching and investing in um safe green corridors across Berkeley.

Thank you.

Thank you so much for your comment.

Next commenter.

Go ahead.

Good evening, Council.

My name is Jacob Dadman, and I'm here representing the Sierra Club, Northern Omni Accounting Group, and we are here to speak in support of the car-free telegraph option.

Uh by limiting or removing cars on telegraph, the city of Berkeley can create new public green space in the south side, reduce car dependency, and improve the lives of the tens of thousands of people who use Telegraph every day by installing mature trees, water permeable surfaces, and amenities like benches and tables.

Telegraph can become a welcoming, vibrant plaza that increases climate resilience and brings significant economic benefits to nearby businesses.

This vision aligns with the CR Club's goals to reduce car dependency and increase green space in urban areas.

Pedestrianizing telegraph is a decades-old dream that increases safety, sustainability, and joy in the heart of the South Side.

With the right leadership and a thoughtful planning process, we can make that dream a reality.

We thank you for making Berkeley a more resilient and sustainable city for generations to come.

Thank you so much.

Right on time.

Next commenter.

Go ahead.

Hello, my name is Shane, and I'm the president of Telegraph for People and I've lived in Southside for two years.

Every day I push through crowded telegraph sidewalks, pausing as I cross intersections larger than my entire apartment to wonder what else the space could be used for.

I've also noticed little joys on these sidewalks, chess games, live music, conversations with friends, inspiring murals.

I've also felt my skin jump as I try to dodge cars on my bike, wondering if one will honor my crosswalk, shouting over the traffic nestled between trash cans in one lane of walking room.

In the last few months, it's also been increasingly obvious that the dangers we've long brought attention to are not just theoretical.

Incidents of traffic violence have happened on our neighbor's streets, a block from where I live.

These are real people, our community members, not just theoretical or statistics.

I hold these very heavy in my heart.

A car free telegraph is a key to vibrancy and safety in our community.

This has been a generational project, and I'm excited to see it move to the next phase for hopeful future where the street serves us rather than cars.

Thank you.

Thank you so much.

Next commenter, please.

Go ahead.

Hi, my name is Audrey Kramer, and I am here on behalf of Calberkley Democrats to voice our support for the Car Free Telegraph item.

Um I'm a resident of district six, but I'm here to say that the telegraph being accessible would be good for all of us.

I am on telegraph almost every single day, even though I live all the way over there.

Um telegraph is currently not bike friendly.

Um I use my bicycle every day, and um I've try to bike on telegraph all the time, and it is never successful for me.

So I'm very excited um to see Car Free Telegraph flourish in any capacity.

Thank you.

Thank you so much for your comment.

Next commenter.

Go ahead.

Hello.

Uh I'm like I'm here to voice my support for uh council item 17.

I think that maintaining a balanced budget is especially important for cities.

Uh I would like I think it'd be prudent to raise the tax by more than point five uh point five percent, but obviously, you need voter approval, so I understand why uh tax increases might be limited.

I'd also like to voice my support for item 22.

I think that it's great that uh what's it called?

It remains very budget conscious, and I think that's yeah.

Um, collecting information about like how we can manage the car infrastructure in the city is obviously a good thing for the future.

I think it's a great investment, and yeah, that's about all.

Thank you.

Thank you so much.

Next commenter, please.

Go ahead.

What up, council?

Rebecca Mervish speaking on behalf of Walkbike Berkeley.

Uh, thank you for moving the car free telegraph item to consent.

It really speaks to the popularity and common sense associated with this project.

As council member Humbert mentioned, uh people have been advocating for a car-free telegraph for decades, so it's about time we move forward with funding for it.

Even more pressing given the recent bicyclist fatality that would not have happened if cars were allowed on telegraph.

Um, and then I also just want to speak in a personal capacity that this is the project that I am most excited about.

This is the first thing that got me involved in Berkeley politics.

Probably the first council meeting I went to was about uh telegraph.

Um, and so a special extra shout out to Vice Mayor Lunapara, who um sort of my partner in crime in getting started, uh Telegraph for people at UC Berkeley.

Um, and shout out to uh our other teammates who got it started, and to uh council member uh Rag Robinson, who also helped with this.

Thank you.

Thank you so much for your comment.

Go ahead.

Hello, council.

My name is Spencer, and I'm a UC Berkeley student, one of the officers of Telegraph for people, and I want to second the support of my that my fellow speakers mentioned for um telegraph uh the continuation of um support and monies for the uh vision of telegraph and uh the continuation of the generation on um process of uh hopefully uh pedestrianizing uh bike-only uh streets, and uh I I don't know if any of you went to the holiday market on telegraph last month, but it was truly amazing to simply walk across the street freely and safely and visit shops uh without worrying about cars.

So thank you for moving.

Thank you so much for your comment.

Go ahead.

Good evening, city council and mayor.

My name is Russ Gulka Young Young.

I'm a uh speaking as an individual.

I'm a full I'm a proud former Berkeley City Council staff for her work with Lori to um our now City Manager Paul Budenhagen, who went on to the California State Senate to work in the state capital, and I've seen Council Member Trigo uh there uh many times in Sacramento.

Um, I'm here to support uh speak in support of the emergency item, and I recommend the council add some language.

Um I support abolishing ICE and when you abolish ice, which is a highest funded law enforcement aid federal agency.

Uh we should emphasize um the importance of reallocating the funding into investing in our seniors, in our youth, people with disabilities, people receiving SNAP, food stamps, Medicaid and Medicaid, investing in our surf in our social services, uh, creates a healthy community, and um also uh just want to just want to uh thank the council for having this item.

Thank you.

Thank you for your comment.

I think I got another minute.

Okay, great.

Two minutes.

Thank you.

Yeah, go ahead.

So I appreciate the sentiment of the urgency item, I really do.

But I also come from a tradition that says words without actions turn to lies, and that if you really are worried about the depths of depravity, which we did see, which we are witnessing in this very moment, then we need to see the actions.

A lot of words are spoken, but we need to see the actions.

How will this council protect us?

I used to talk about infiltrating our signal chats.

They're they and you, council, are poised, as is your chief of police, to continue to gather data on your people.

Data that you cannot protect.

The chief lies to you constantly.

Oh, we won't give it to him.

Oh, they won't.

You can't protect it.

It gets infiltrated all the time.

Yeah, sure.

Berkeley won't say here's here's the data, but hey, you don't have control of it.

So we say, if you can't protect it, do not collect it.

Flock is dangerous to us, and we need your acknowledgement of that.

And I gotta say, when you guys are poised to impose, you want tear gas against us now.

The chief said yes, that'll be for crowd control.

She passes by it quickly, but at least she was honest about that.

So what uh what I don't understand where you guys are at.

Will you work with us in this very dangerous time?

How will you?

What will you do?

Not what will you say, but where will you meet us to protect us?

It is very scary.

We're looking around.

We the Super Bowl is coming, ICE is coming.

I don't need you to protest, brother Council member.

I need you to resist.

I need you to lead that.

Thank you.

Thank you for your comments.

Sometimes it's tough to be last because that was a hard act to follow.

All right, and Cecilia, you're doing just such a fabulous job.

Thank you.

Okay, I want to thank you for honoring Barbara with Mecca.

And I want to acknowledge Mary Lou here.

That's one of the items.

Number 11.

I really support them because they are the hippie paradigm from waste for waste not want.

There's treasures to be taken care of and shared.

Oh, and I have an extra minute.

I keep forgetting to tell you it's that gentleman in the back.

So kudos to Urban Orr.

Please support them and thank them for this really hard work at creating a community hub for sharing resources and for taking care of the employees also.

All right, so to number seven, I can vouch for the necessity and the capacity to have equitable community engagement.

I worked for over a year with the ecology center and uh grant connected with the uh city of Berkeley, and it was awesome.

So please let's support the ecology center and that number seven.

Number thirteen, I need to breathe, and I really support whatever we can do to help ventilation because I'm forever running around opening up windows, doors, and getting into nothing but good trouble.

Number 15, uh, more parking management, less traffic congestion, please.

Number 17, no more sales tax.

There is more than enough money to be saved if we wouldn't waste it and other people that have more money to share it.

And number 22, I'm concerned about unintended consequences.

I'm into safety, but we also need to have passageway for emergency vehicles.

Thank you.

Thank you so much.

Um, let's move to public comments online.

Okay, we currently have seven hands raised.

Um, we'll start with the first speaker, Whitney Sparks.

Hello, can you hear me?

Happy New Year.

Thank you, Miss Pritchett.

I am right here behind you to say if you're gonna have an ice item and talk about abolishing ice, cancel the flock contract.

I have been away from meetings because they're extremely triggering with the institutionalized massage noir that happens and the silencing and erasure of black women's voices, but you've got to protect our community and our neighbors.

Cancel the flock contract if you want to abolish ice, you cannot collect data on us and not know where it goes and have it in the hands of law enforcements who kill and beat and abuse people, citizens like me, when nobody cared um about uh black neurodivergent people, mothers when we were getting killed.

That's when I was being silenced at uh city council meetings, just like this.

I I haven't forgotten.

Um, you can't collect data on us and then say you want to abolish.

They're doing the exact same thing, it's the exact same pattern.

Law enforcement, ice, police, they're all the same, they're IOF.

Um, if you don't want to have genocidal tactics, uh happen to our community here.

I'm in district seven, I'm in vice mayor lunapar's district.

But I really like her right now.

Okay, next is Cheryl Deviler, former council member.

I agree with the blast two speakers.

You can't have abolish ice without canceling flock.

Flock is data is uh not owned by the city of Berkeley.

They will not uh listen to your rules, and they will do whatever they want to do, give the information to whomever.

So you need to cancel um your contract with Flock, the IOF, the IGF, it it's not real, aka Israel's offensive uh forces, it's not real genocidal forces, it's not real uh terrorist forces, they train ice.

We do not need ice, flock, any of that shit because we're a sanctuary city, and you know they're gonna come for us.

So you're not prepared, even though you said you were earlier.

How are you preparing?

I don't see anybody out on the street talking to your time is up.

Thank you.

Next is Alex Knox.

Good evening, Alex Knox, uh Telegraph Business Improvement District.

Um, on item 15.

I just I want to say I respect the efforts uh by staff to address the critical financial issues, and it's unfortunate that the debt service on Center Street is just driving rate increases citywide.

And I just ask that you know there'd be careful scrutiny and transparency on the expenses side as well as of course reviewing of the revenue side because uh you know services are not equitable and fair.

We still have shameful conditions for long term neglect at the telegraph training garage.

I also want to say that I appreciate the enthusiasm around item 22 and for improving the telegraph I strongly encourage that enthusiasm to uh translate to you know recognition of the unique challenges and complexity of implementing these changes but uh regardless of how uh this work ultimately moves forward we we look forward to thank you Alex okay next is uh Jennifer Korn good evening uh my name is Jen Korn I'm vice president of the Berkeley School Board um I'm grateful for tonight's urgency resolution denouncing ICE's lawlessness and violence and calling on our representatives in Washington to take decisive action to protect not only the people of Minnesota but all of us and all of our neighbors um I intend to bring a similar resolution to our school board in response to the devastating impacts we're seeing on children families and schools including 600 children who've been detained by ice violent ice actions on school campuses in the twin cities and as a result huge numbers of families that are keeping their children at home because they feel unsafe sending them to school thank you to count to all of you for your partnership in this work.

Thank you for your comment okay next is John Lindsay Poland.

Good evening uh I wanted to let you know that a few minutes ago the Alameda County Board of Supervisors followed in your footsteps and passed unanimously a resolution for keeping ice out of county owned facilities.

But you know the in response to what others have said that resolution there's actually two resolutions at the county level and the other one includes a lot of different measures to protect people within the county and so in terms of concrete action there does have dozens of points in that resolution I urge you to study it and and do what needs to be done in Berkeley what the city what corresponds to the city to actually protect people against ICE operations on many different levels including getting rid of the flock contract um because there's many different things that the city can do besides urge federal representatives to vote to uh against the ICE uh funding that's coming before the Senate this Friday which is super important um but there are many things that are practical and local thanks thank you for your comment next is Kelly Hammer.

Um thank you I appreciate the resolution but um it's just words Tom Holman the one who's going to be in charge now is the one who planned the family separations um so this doesn't mean that they're actually going to get any relief my families in Minnesota we're texting it makes me cry every time I read it um on number 15 the go Berkeley um how much more does it cost us to increase the rates I you know I just don't have confidence in this plan.

I feel like we're uh chasing the cost of operating the plan and I I feel like there needs to be more analysis uh to follow up on 22 I think it's a great idea to make telegraph for people, but what makes telegraph um make some people want to be there?

Are all the businesses?

And so I would like you to look at the business up thank you.

Thank you.

Um last hand raise is Alana Hourback.

Hello again.

Uh I just want to encourage you that this um emergency item be the very beginning, the baby step.

Yes, it needs to be done, and now we need tangible actions.

How are we organizing?

How do we know what are the police going to be doing?

How are people being trained?

Are there no your rights?

What are the networks?

All of this stuff.

Yes, there is a lot going on in Berkeley that I imagine some of you know about, and probably some of you don't have most of a clue of what's happening on the ground.

We need to coordinate, we need to be ready.

You are our elected leaders.

Words are empty without actions.

A first action you can do is item 21 and and uh you know, adopt Blackaby's uh supplemental and stop flock, so start taking actions that actually protect us, show us that you are leading from a place that you want to abolish ice and not just words.

Thank you, thank you for your comment.

Okay, that's the last uh public comment or for consent.

Great, thank you so much.

Unless there are more comments from council members, I'll understand a motion.

So moved.

Um quick comment.

Um, just one that I would be remiss in not thanking Mary Lou and Dan of Orban Orr, as well as all the work clerks of Urban Orr for their leadership and partnership, and very excited that this is on the consent calendar.

Second.

Okay, should we call the roll?

Yes, to adopt the consent calendar, including the urgency item that was added to the agenda, Councilmember Kessarwani.

Yes, Taplin.

Yes, Bartlett, yes, Tregab, aye, Keefe, yes, Blackabee, yes, Vice Mayor Lunapara.

Yes, Councilmember Humbert, yes, Mayor Ishii.

Yes, okay, consent calendar is adopted.

Thank you so much.

Thank you everyone for coming out.

Um moving on to the action calendar, I think we should do um item 18 and 19 and then do a quick break before we do item 21.

Um, so I'd like to open the public hearing for item 18.

Is there um a staff presentation?

There's no staff presentation, but we're happy.

Staff is here if there are questions.

Okay, great.

Thank you.

Does um council have any questions for staff?

Okay, is there any public comment on item 18 implement residential preferential parking RPP program on the 1700 block of Cedar Street?

Seeing none in person, are there any online?

No commenters on online.

Okay, is there a motion to close the public hearing?

I so moved.

So moved.

Second.

Okay, moved and seconded, close the public hearing.

Councilmember Kissarwani.

Yes, yes, Bartlett, yes, Trega, I.

Yes, Blackaby, yes, Vice Mayor Lunapara.

Yes, Councilmember Humbert, yes, and Mary Ishii.

Yes, okay, public hearings closed.

Thank you.

Council, do you have any comments?

Councilmember O'Keefe.

Um, this is in District 5, so my comment is I've received exactly one email about this, and it was in support.

So it's good, and I'll move to approve it.

Great.

Thank you, Councilmember.

Councilmember Humbert.

Yeah, I want to thank public works staff for their efforts on this.

It may seem like a small thing, but being responsive on quality of life issues like this can go a long way toward positive public perceptions of city government.

It appears that the neighbors have followed the proper procedure to obtain residential permit parking in this area, and so I'll vote yes.

Thanks.

There's a motion.

Do we have a second?

I'll second it.

Okay, can we call the rule?

Okay, to approve the RPP program for the 1700 block of Cedar Street.

Councilmember Castarwani?

Yes.

Taplan?

Yes.

Bartlett?

Yes.

I'll keep.

Yes.

Blackaby.

Yes.

Vice Mayor Lunopara.

Yes.

Councilmember Humbert?

Yes.

And Mary Ishii.

Yes.

Okay.

Item is approved.

Great.

Thank you so much.

Um now I'll open the public hearing for item 19.

Selected marina fee increases.

Is there a staff presentation for this item?

Okay, there isn't, but staff are available for questions.

Thank you so much.

Um colleagues, are there any questions?

On this item.

Oh, Councilmember Trago?

No.

Oh, stop.

Okay.

Seeing no questions, is there any public comment on item 19 selected marina fee increases?

You're good.

It's okay.

You don't have to run.

I see you.

Go ahead.

You guys are just so nutritious.

I guess I have an extra burst of energy.

I'm not familiar enough, but again, raising fees on such a popular place for people to congregate.

It's like, please let's not keep hitting on the little people.

I don't want to hit on anyone, by the way.

But we need, I mean, lost people's park or not.

We need spaces to repose our soul, and I would prefer that we don't raise fees to just enjoy the quality of life.

Unless, of course, I don't understand, but that's my public comment.

Thank you.

Thank you, Maria.

Are there any other comments in person?

Any online?

Uh no hands raised online.

Okay, thank you.

Is there a motion to close the public hearing?

So moved.

Is there a second?

I'll second.

Okay.

Um can we take the roll?

Okay.

Uh close the public hearing.

Councilmember Castarwani.

Yes.

Taplin.

Yes.

Bartlett.

Yes.

Tragham.

Aye.

Okay.

Yes.

Vice Mayor Lunapara.

Yes.

Councilmember Humbert?

Yes.

Mayor Ishi.

Yes.

Okay.

Public hearings closed.

Thank you.

Are there any comments from Council members on this item?

Okay.

Seeing none, is there a motion?

Move to approve.

Second.

Seconded by Councilmember Bartlett.

Can we take the roll?

Okay.

To approve the selected mean of Marina fee increases.

Councilmember Kessarwani.

Yes.

Taplin?

Yes.

Bartlett?

Yes.

Tregab.

Aye.

O'Keefe.

Yes.

Blackaby.

Yes.

Vice Mayor Lunapara?

Yes.

Councilmember Humbert?

Yes.

Mayor Ishii.

Yes.

Okay.

The item is approved.

Great.

Okay.

Thank you.

Let's um take a 10 minute break and come back at 7:40.

Okay.

Thank you.

Recording stopped.

Okay.

It's all right.

Yeah, that's great.

I mean, that's a good thing.

Yeah.

Yeah.

Well, I know what's like, what's going on in the case?

Yeah.

No, it might work.

I don't know.

But I don't think it's a good thing.

That's not something that we're just sure.

No, I don't want to work with the question.

I'll never remember about it.

That's what that's like.

Yeah, I don't think that's like a lot of it.

I just want to sell it for the other way.

Wait, I mean that's great.

I'm just going to be there.

That's a good one.

I think we're on together.

I think you have to do it.

I think it's a very good thing.

Yeah, yeah, exactly.

You just have to do this.

I think I uh one.

Well, I think that's a good one.

Thank you.

Okay.

I know everything.

So I think that was the one that's so good.

I think it's kind of like a little bit more.

Yeah.

Oh, yeah.

That's what I'm saying.

I think that's a lot of people who are not allowed to do it.

I think that's a good one.

Yeah.

I think that's how it's going to be like, you know what?

I think it's been a person.

I think it's a thing for people, I don't know what to do.

I think we can get the other one.

I don't know.

Yeah.

So we're going to have to do it.

I don't know what it's like.

Yeah.

Thanks for the idea.

And then you can know that we're trying to look at it as well.

I read it.

I mean, I think it's nothing.

Okay.

So I'm going to go back to the way.

Yeah.

Yeah.

So I think that's a good one.

I mean, I'm just playing that's going to find out.

I just want to say that.

So I'm going to look at that.

I mean, I don't know if it's just keeping it right.

Yeah.

Yeah.

So If you're not going to do it.

Yeah.

Yeah.

Yeah.

Okay.

I think I don't know.

I was just like, I guess that's it.

I mean that's what we're doing that more.

So if I think it's not even a little bit of a little bit of a year, I think that's just a lot of the uh figures, and then we can go to the house, but that's like all this is no more.

That's the second one.

I think of course.

I know, I know.

Um, I think that's just a couple more.

Um, I think that's probably what I think.

Yeah, it is.

I think it's a whole thing.

I have to have like a lot of the fact that we need to have a half.

Yeah, it's like a just hours.

That we're saying it's like this is absolutely a function.

Right.

So I think it's like the people.

Or you're uh, we don't have a lot of things yet.

So I think that's what you said, which is what I think.

And then I might check it out.

No, yeah, what you're gonna have to do that you're just too much.

So I'm gonna hear uh, yeah.

Okay.

Yeah, that's where I got it.

There are stuff that's for like someone, and that would be like a little bit more.

I don't like what it is.

But down here, you know, like I just say we're saying, but you know, I think it's like a part of it.

I have a lot of just you know, stories backed up and packed, you know, and then we're gonna do it very well.

I don't like it.

But where is it?

We are I just like that.

I'm sorry.

I like it.

I think that's what I mean.

I don't know if I can't even.

I don't know, but I think that's a good one.

So it's that fire.

I don't know.

I mean, I'm still uh, we're gonna be able to leave it down and then completely not that's like a little more than the career.

Oh, is that right?

It looks so much like this nine.

You're around number four.

Oh, twenty five percent.

Oh my god, that's so um, so it's that's okay?

It sounds like this is not a good idea.

I know, you know, yeah.

I don't know if you're going to do that.

Oh my god.

Yeah, it's fine.

Okay, coming back to our brief break.

Recording in progress.

Do we need to do a um roll call again?

No.

Okay.

Okay, moving on to item 21, um, recession and replacement of the police equipment and community safety ordinance.

Councilmember Humbert, would you like to present your item?

Yes, I would, Madam Acting Mayor.

Um, since this is a complex item and we have a supplemental from Councilmember and former PAB member Blackaby, I might ask a little Leonis if I lean if I happen to go over time as I introduce my item, where I'm in the process of trying to have these versions meet in the middle.

I want to thank my co-author, Councilmember O'Keefe, for her collaboration on this item as well as other members of the public safety subcommittee for their review and input.

I also want to thank Chief Lewis and Arlo from BPD for their suggestions and partnership on this item.

I also want to thank our city clerk and clerk staff who offered excellent suggestions to help clean up the language of the complicated item and ensure everything was procedurally sound.

And finally, I want to thank the PAB, the Police Accountability Board, for their ongoing work and for taking um the time to seriously review this item and offer their uh very significant suggestions.

The overall purpose of this new ordinance is simple to bring out our local reporting requirements on police acquisition and use of military equipment into line with what the state requires to eliminate duplication and consolidate the required reporting and to streamline reporting requirements to focus on the most urgent aspects of military equipment use between state level reporting requirements, our existing use of force reporting, our existing military equipment policies, and the retention of reporting around certain types of military equipment deployment.

I also want to say that I appreciate the police accountability board's attention to the item again and offering suggested changes.

I'm I'm somewhat wary of adopting some of those suggested changes, which I feel run counter to the purpose of this proposal and would perpetuate duplicative or otherwise superfluous reporting.

This said, I know my colleague, Councilmember Blackaby, who served on the PAB himself and is a member of the council's public safety subcommittee, has brought forward a supplemental that addresses some of the PAB's comments, and I would be eager to hear from him.

I would be eager to hear him introduce his supplemental and any further edits or suggestions he may have.

Although there were some items on the supplemental that I was a bit concerned about, I'member Blackbeeful that we can square the circle here.

And with the chair's permission, I'd like to yield the floor, and um thank you to Councilmember Humbert, Councilmember O'Keefe for their leadership in bringing this item forward.

Um we share absolutely a common um goal, which is to streamline the reporting process and streamline the data collection process and make sure that we continue to provide enough transparency um around these issues for members of the community.

So we also really appreciate the feedback we did get from the police accountability board.

Um and so with all that in mind, um I sub I submitted a supplemental, which I'll share here very briefly, and at least highlight um the changes that we are proposing in our supplemental, um, to I think kind of again find the right balance here.

Uh so let me share my screen.

Um here's a summary of what we're proposing the supplemental.

Um, one is that um the state made a number of findings in AB 4081 directly about why this is so important that we agree with.

I think we all agree with, and I just we wanted to incorporate that directly into our ordinance, which we've done in page one.

Um we totally agree with the fact that we should be rescinding the old ordinance, we should streamline down to one annual report as opposed to the current two.

Um, and I think what we did it sort of in the balance of the item uh is to continue to follow what uh was said in the statute in AB 481, which is it does encourage local governments to implement additional requirements and standards that meet local requirements the expects, and so that to that end.

Um we added back some of the language around reporting on all deployments of military equipment, not just in the context of a First Amendment activity, but all deployments, and we also wanted to maintain um the PABs role in reviewing use policies, impact statements, and annual reports, but streamline the review period um to what we proposed is 60 days instead of 90.

Um, so that's the balance of what's in our item.

Um, we have the red lines that's that's in the supplemental packet for people, and you can see the changes that we've made.

Um, subsequent to that, we've also had conversations with staff.

Um, and I wanted to share it, and Councilmember Humbert, um, don't know you know how many of these have been seen, but staff then also I think reviewed both the main item, our supplemental item and had some additional feedback.

Again, I think in the spirit of trying to find a way that we could square this.

So let me also share that feedback.

Um, and then just want to put all that on the table for our consideration as we go forward here.

Uh so the edits that we got back, um, very specific, I'm sure again, as all of us, and uh you know, obviously the chief can speak to this soon, but um, you know, recognizing there's some compromise here and that, but I think some general understanding of what we put in the supplemental, but we're asking for consideration on these items, uh, and there's seven.

Um, again, what we can bring this back during discussion later, but the first was um there's reference in our item to pepper spray and pepper balls in their inclusion in the reporting requirements, and staff is observing that those items don't need to be included as additional items because they are included in the current BPD policy 300 in terms of reporting, and also included pepper balls included in state law AB 481.

So the need here, they were observing was didn't need to call them out specifically.

They are already incorporated by reference.

That was one edit.

Second was a timing um uh consideration here, which is rather than requiring 15 days, say at least 12 days prior to a public meeting because it aligns with how the clerk currently uh agendizes meetings and that would meet the current timeline, which again is a general practice and and and why be different than the current practice.

Um three, we had a a clause about PABs role in in recommending and reviewing um uh police equipment.

Uh and rather than basically saying rather than approving for compliance that the onus is on the PAB to deny for non-compliance.

It's sort of an opt-out versus opt-in, which again feels it's sort of in the spirit of the legislation, which is to say if the PAB does not act, it comes to city council for approval.

But if they see that there is a noncompliance with other standards, they can recommend denial of that request, which I think again is pretty uh clear on their role.

Councilmember, sorry.

Sorry to interrupt, but do you mind making it bigger?

Oh, I'm sorry, yeah, sure.

Mayor Ishii.

Sorry.

So yeah, Mayor was losing her eyesight as she was like, There we go.

Great.

We also uh upon reflection, uh, this is an edit not I'll put on the table.

Maybe we get rid of this word only, um, because I think there might be other um reasons that the pad might recommend denial and out and you know if it needs to be only if it determines noncompliance with the standards and government code.

Anyway, so that was uh an edit to your edit that I I I looked at.

Four was there's just uh uh a heading in our item that was longer, it's police countability reward review required.

We just call that police accountability board review.

Um item five was basically saying I think this is a discussion we can have is what's the right period of time for review.

Um currently the technology, the um the technology ordinance, surveillance technology ordinance requires a 30-day review period for PAB.

Uh so the suggestion from staff is to bring all these things into alignment, and I think we should just drill into how that 30 days works as we have the discussion.

But again, give the PAB time for consideration before it comes to us, but not make it 90 days.

The proposal here is 30 days, which lines it up with the surveillance technology ordinance.

Uh again, number six is um similar, it that the annual report is submitted to council either after the PAB review or 30 days, whichever comes first, and then section seven uh is a recommendation from staff to not uh create a private right of action around violations that the city council routines ultimate authority to approve or deny any equipment use.

Um so those were the seven.

There was Councilmember Humbert and Council Member O'Keefe's initial draft, our supplemental, which redlined that draft, and these were some feedback and additional items for consideration from staff on our bedline.

So I think that's what's in front of us tonight.

Thank you so much.

And mayor respond.

Um very quickly.

Um there are a lot of moving parts here, and I've followed very closely, but I think that with the edits I heard Councilmember Blackby enumerate just now.

Um I'm comfortable incorporating his supp his supplemental as a friendly amendment.

Um but first I'd like to check with our police chief and RLO.

Do you feel this supplemental with the additional edits described by Councilmember Blackaby would serve to meet the purpose of the proposed rescission?

Are there any aspects of the supplemental you feel remain problematic?

No, I I agree.

It does meet that.

Okay.

Thank you.

Um now I need to turn to my um co-sponsor, Councilmember O'Keefe, to see if she's amenable to all of this.

Yeah, I absolutely am, and I I appreciate Councilmember Blackaby's edits, and I appreciate the feedback from the chief.

Thank you.

That's all I have now.

Thank you.

Are there any um comments from council members?

Or sorry, questions first?

Councilmember Bartlett.

Uh thank you, madam acting mayor.

And uh and thank you for uh uh councilmember uh uh Umbert and your work on the uh the committee uh put this together and thank you for your edits, Mr.

Councilman Blackabee.

And uh well, I don't see uh anyone from the PAB task.

So I mean, reading through it earlier and then looking at now, uh it appears as if many of the changes um between the two of you um appear to be pretty pretty reasonable, pretty common sense streamlining and um and making things align more easily.

Uh what's the law and it's not be duplicative.

And so um, you know, I guess I'm wondering if was there a policy um sort of concept behind the the narrowing of the reporting days uh from 90 to 30.

I'll say and I'll offer I think it's in the spirit of of a consistency with what the current surveillance technology ordinance says, which is 30 days, and rather than have some standards that are 90 and some that are 30 for fundamentally the same kind of review, either reviewing an annual report on police equipment, your um analyzing use reports on new police equipment, or you're looking again, use suggested uses for new surveillance technology, kind of putting that in a 30-day window.

I I will have some questions about how that 30 days works in practice, but yeah, that I think that was the idea.

Thank you.

There's one only question.

Thank you.

Thank you, Councilmember.

Um the parliamentarian system is not working, so I turned it off.

So if anyone has comments, yeah, council member or questions.

Councilmember Trago.

Uh thank you.

And um, yeah, just um I I appreciate I had an opportunity to discuss this without my within my act circle with Council Member Blackabi, but just for the record, just confirming um the effect of date um upon it when it says it shall apply to the 2025 report and all subsequent reports.

The 2025 report would be the report issued in 2026 this year, but looking back at 2025, correct?

Yeah, that's correct.

Um under the old system, uh, we would be preparing both uh local ordinance report that would be due around March, um, with those very specific timeline uh um reporting requirements, and then we would also be reporting in June a very similar but slightly different report.

Um, under if this passes this evening, that language would then direct us to report prepare a single report under the new guidelines that would come around June.

Thank you.

Um and then maybe one more question.

Um the findings um that was taken directly out of uh state law, correct?

Yeah, and I can show those real quick if you'd like to see it.

Yeah, section C, the city adopts all the states' findings, articulated maybe 481.

Thank you.

Thank you, Councilmember.

Mayor Ishii.

Yes, I'm just wondering if we can take a look at um the seventh one.

I I couldn't quite see that.

Yeah, coming up.

Can we hear it?

So it strikes uh 2.100.070.

So let me show you if you want to see that language.

Let me pull that up.

Sorry for the fast scroll.

Here is okay, that's the clause that would would be um this proposal to be to strike that language.

Thank you.

And I'm I just took a picture of it so I can review it a little closely.

Um more closely.

And um no worries, that's fine.

And um I also have some questions about how this would look in practice for the 30 days, um because I think my primary concern is that what happens sometimes when we send things to PAB is that um 30 days should be enough for them to review it, but they may not get it or have a meeting um at the beginning of that 30-day window, and so I'm a little concerned about just the that um the timing.

So I don't know if someone's there can speak to that.

I'm not sure if we have um a PAB or ODPA representative on the line.

Sorry.

Yeah.

Um would you like to comment on this?

Oh yeah, he's hand raised there.

Uh oh, and then Josh, I think uh uh Chair Kaetano is the phone number ending in 453.

Um can we promote them to panelists?

Yeah, so I need the modal phone number, but I had to allow it.

Okay.

Okay, Chair Caetano.

Hi, Councilmembers.

Can you all hear me?

Yes, great.

Um, first off, thank you, Councilmember Backwit for your supplemental proposal and the edits in terms of the 30 day period.

Um I appreciate Mary Ishe's comment.

I think she is spot on.

We have had issues with some of the 30-day process.

Um I think one of the issues is that the 30-day window, um, right now, as it is currently implemented, um starts when the proposal is emailed to us, and the expectation right now is that the council will then hear it at a public meeting um on the merits 30 days later.

So if the 30-day window was such that 30 days after the PAB were to review it, then um the department submitted it to the rules of agenda committee, um, it would provide us with sufficient time.

But it can't be the case that the council hears it 30 days after we first see it.

Um it has to be submitted after we have 30 days, the full 30 days to review it.

And so um if that is made clear, um, I believe that 30 days is sufficient, and I think that that proposal should be implemented across both this uh the FTO ordinance and um the BMC 2.100 ordinance.

Um but if that's not the expectation that they do not have to wait until we review it to submit it to rules and agenda, then we need the 60 days.

Thank you.

Thank you, Chair.

Um Mayor Ishii, is that are those all your questions?

Yeah, those are my questions for now.

Thank you.

Thank you so much.

Are there any other questions?

Um, my I had a um the similar question to Mayor Ishii, but I am curious to hear from the city attorney on um the remedies for violations of this ordinance.

Um if you have any any thoughts on that and um how it has affected the current iteration of the ordinance.

Uh are you speaking specifically of the private right of action?

Yeah.

Correct.

Um I'm not sure that it has played out in a real scenario as of yet.

Um, I I believe it is.

Is it in the um current version of the ordinance?

Let me go look.

I know this was a request.

Let me go look.

Is it in the current?

Sorry, Orwell, go ahead.

Yeah, it's it's in there.

Similar languages.

Okay.

Thank you.

Um, okay, those are my questions.

Um, Councilmember Trago.

Yeah, thank you.

I wanted to go back to the 30 days and just try to understand is there a standard definition of when it says 30 or 60 or 90 days for that matter um effect of from when.

So what what is the trigger right now?

It would be delivery of the materials to um both the chair of the board and the director of accountability.

So as defined right now, and this might be a question for either council member Blackabi or staff.

Um is the expectation if we go with 30, would it be within 30 days?

Um, the PAP needs the PAP would have to make a recommendation and bring it to the council.

I think that's I mean, that's the question I think we should talk through.

Um, I think suggestions of PAB is it should not be agenda, you know, should not be agendized.

Their suggestions should not be agendized to come to us before the 30 before they've had the 30-day window.

So 30 days and then it could be taken to the agenda.

Go to the agenda process, I believe is their intent in terms of how it works now.

Kind of defer to the the chief.

But that's that's the ask.

So not put it on a parallel path so that it's submitted to PAB, and then within 30 days of the submittal, it comes.

They I think they want the full 30 days before it goes through the agenda process.

So that the PAB would have an opportunity within 30 days of receipt to review, um, and and that would be the clock so like let's say Pab looks at it on day 30 um the clock would um stop at that point but as long as they looked at it and made a recommendation on day 30 uh it could come to council and be added to through the agenda process.

And I think it's and I don't believe again defer it's not that the clock ever stops.

I think it's just a question of once the 30 days start at what point um should BPD bring it to us and advance it to us.

And should it be with the goal that it hits a council agenda 30 days later in which case they would submit it after however many days at 10 or 15 to then start the agenda process or should they wait the full 30 days before it gets submitted to the agenda process.

I think that's the that's a question that I think we can talk talk through.

Yeah okay I'll save the question for comment.

Thank you so much.

If there are no more questions from the council um let's go to public comment can I ask how many people um would like to speak on this item how many um Zoom comments are there?

Hand raise?

It's currently four hands raised on okay but five okay let's do um one minute public comment each and people can yield time up to you know as well so yes um if you would like to give public comment on this item please um line up now I was shocked when I saw this on the agenda resend and replace the police equipment and community safety ordinance um consideration of less lethal deployment policies use of controlled equipment uh but it turns out it's just about reporting huh well be generous give them 60 days your police accountability board um they are volunteers are they not why not give them give them 60 days and I if you think it has to align with the surveillance tech ordinance then revise that ordinance and uh to 60 days as well and thank you commissioner I mean um council member Blackabee for the supplemental I like that better than the original thank you.

Thank you.

Next speaker please yeah I just wanted to point out that um having reporting requirements and having those uh reporting requirements actually work and be fulfilled are two different things and is the last BAB report illustrated um I don't have any confidence that they will be followed thank you for your comment go ahead yeah thanks I guess I just can't I just cannot imagine 30 days nothing happens in 30 days this town doesn't move like that it just doesn't by the time you know there's delays in information gathering and delays in reports and delays and delays and stonewall and foot dragging 30 days really you know it just doesn't feel sincere you know give the PAB what they need they they need some support from you guys so please you know give them the time they need to do the job and let's encourage the chief to provide the information that they need to do the job.

Thank you.

Thank you.

Are there any other public commenters?

Oh, sorry.

I didn't see you, Maria.

Go ahead.

I know I'm just so tight.

Is it just on this one item or is it the action?

It's just on this um item, which includes both council members' versions of the recession and replacement.

Yeah, but I'm wondering if is it item 20 and 21 or just 21?

It is just item 21.

We finished item 20 already before the break.

Uh oh.

Okay.

So I'm just con all right.

So I'm concerned because it's so easy to start a fight, start a war.

It's a lot harder to stop it.

And I'm a tool girl.

I got tools.

I got tools for the tools.

And I'm tempted to use them when I've got them.

And I was out in Contra Costa County with races.

And they started this urban shield program, just so eager to get more and bigger and better toys, and I almost killed.

So I'm just concerned.

It's not that we don't want to protect, yes, we do, but we also want to serve.

So again, I'm an old hippie.

I really want peace and harmony.

So I'm concerned.

I don't know what the logistics are, but I caution us because once you've got them, it's hard to get rid of them.

Thank you.

Thank you for your comment.

Come on up.

Go ahead.

I had to say something.

Um I've been a part of Berkeley Cop Lodge for 28 years now.

And from what I've seen the police do, I do not trust them at all through the years.

Um it doesn't make sense to let them slide on anything.

Um shirt represents Rodney King and the police of the time commented on their reports after they beat him.

They said nothing unusual happened during the arrest.

Nothing unusual happen.

Uh I was told with my first revival 1974 in Berkeley by the cop.

I was down to the ground.

I drawn on the stone, he said, relax.

Relax, sir, we're not gonna hurt you.

I relax.

They slammed my head into the ground.

I don't trust the police at all.

I think everything, every midday said, writing a report means you're not on the street messing with people.

Thank you.

Thank you so much.

Can we go to um online comments?

Yes.

Yes, we currently have um seven hands raised.

Okay, we have uh John Lindsay Poland.

Uh good evening, and I I may ask for another minute if it's possible.

Uh I am with the American Friends Service Committee, and we uh review AB 481, the state law uh implementation of military equipment ordinances across the state.

Um, you know, the annual reports that are under AB 481 that would also be required under this revision, include requests for new equipment.

And under the state law requests for new equipment, the clock starts when the proposed policy for that equipment is published on the agency's website, and that clock then requires the council to um review the item at least 30 days later.

So if you're gonna have the PAB review this, and that PAB review results in any adjustments to the proposed use policy for new types of equipment, then you're gonna need at least 30 days from when the PAB reviews it.

So giving the PAB 30 days to review is really important because these are very complex uh policies and documents to review.

Um I know that the BPD um it wants to start a new drone program, but new equipment applies to any new model of anything.

So you could have uh uh a projectile launcher or a new type of assault rifle that comes under the item uh that comes under the military equipment policy.

If there's a new model, then that has to have a review by the council again, at least 30 days after it is published by the agency.

And so if Pab's review is gonna have any meaning, then there needs to be a possibility that PAB's review will revolve result in some changes to the proposed policy for that type of new item.

So I urge you to expand this to 60 days for the PAB review to allow that margin for your review of the item.

Thanks so much.

Thank you for your comment.

Sorry, I I realized is Maria still here.

Okay.

We did public comment on item 20 during the consent calendar comments.

I I misspoke and said that we did it before this item.

Please continue.

Thank you.

Okay.

Next speaker is Kelly Hammergren.

Um I also support a longer review period for the PAB.

Um, since I go through the agendas um every every time they're published, and attend the agenda committee meetings and see how long the delay is often when something comes from uh one of our committees, uh one of our commissions, that it can be a very long time from when it leaves the commission to get posted.

And my concern is that even if the PAB has a time to review it, will it actually reach the agenda committee and get published with the agenda before you consider it?

And so uh the longer the longer period of time, the 60 days, um, I believe is what is needed, and there also should be something that the PABs response is in.

Thank you.

That's that's your thank you.

Uh next is virtual meetings.

Hi, my name is Wendy Alves with the Berkeley Friends meeting, and we too would support the 60 day uh time frame from the point um, and if you phrase it as 30 days, that the 30 days is for the PAB review uh prior to it being agendized for council.

This particular ordinance today is a good example.

The PAB met last week on Wednesday, it was agendized before they could meet, and for you to consider it required a lot of last minute uh shuffling in supplementals that didn't make the regular agenda packet, and by having a period of time that's required for the PAB before it's put on the agenda, would allow for the orderly progression, usually.

Thank you.

Uh next is Barb Atwell.

Yeah, hi.

Uh, my name's Barb.

Well, thanks for taking my call.

I'm a resident of Berkeley and a member of the Berkeley Friends meeting.

I just wanted to reiterate what Wendy was just saying and the fact that we do support the 60-day review time frame.

And we've written the letter to uh the council uh in uh to make sure that we you know that we oppose the uh the whole council agenda item number 21 is drafted, but support the adoption of the recommendations of the PAB on military equipment use, oversight transparency and accountability, and we support the council adoption of the revised police equipment and community safety policy.

Thanks for your time and for your efforts.

Thank you.

Next is a phone number ending in 453.

Hi everyone, Josh Gaetano, chair of the Berkeley Police Accountability Board.

You know, we need transparency and oversight of the acquisition use and deployment of military equipment on Berkeley Streets now more than more than ever.

The TAB supports council member Blackley's supplemental proposal, including most of the proposed edits, which would make the city's processes more efficient without losing the MC 2.100's critical oversight and transparency granting.

Thanks to councilmember for working with us.

In terms of the 30-day review period, I would just note that you know a 30 day is the minimum amount that is needed for us to review.

Um, you know, the department does not have to submit it after 30 days.

They could continue to collaborate with us if we had um questions with that for them.

And you know, that is what we ask of the department not to just like stick so uh strongly or like so closely to that 30 day period that we can't collaborate with them, that we can't have to make informed recommendations to council.

So I do think for purposes of the ordinance, 30 days is sufficient, but if you if you want collaboration between us and the department to provide informed recommendations, then you would need 60 days or or 30 days if it's okay with us, and you know, that additional time to talk with the department.

Thank you.

Okay.

Thank you, Chair.

Next is Nathan Meisell.

No, I was on the PAB for several years, and a long time ago I was the chair for the subcommittee that considered the original proposal for the acquisition of controlled equipment.

Um, you know, I'll just say briefly, I'm in support of the supplemental from customer Blackaby.

Um, I've been critical at times of this council on its actions and rewriting a lot of the work that's been done over the last several years on police accountability and police oversight.

But I want to really appreciate the supplemental, um, you know, bringing in the important points that the PAB has pointed out.

And ultimately, if this council wants the PAB to have time to actually give inputs and meaningful changes, um, and do the job the community voted it to do, then it needs to give it more time and to at least honor the proposal brought by the council member and actually allow it to have meaningful work in this process.

If the council doesn't want meaningful work, it should just say so.

Nathan, thank you so much.

Next is Elana.

Hi there.

Uh so I want to just echo what everyone's saying.

This is an opportunity for you to take action and not only have words like your emergency item at the beginning of the meeting, take action and show that you support the police accountability board.

You want oversight of our BPD, because we all do, we all do, we certainly do.

So please give them the time.

Push it back to 60 days, let them collaborate.

Show this is an opportunity for you to take action to show that you are with the community and you are with police oversight, and you are with the police accountability board.

So please do so.

Please vote for the supplemental and make it 60 days.

Thank you.

Thank you.

Um, last speaker is Cheryl Davill, a former council member.

Yeah, I'll have to echo what everyone said about the 60 days.

You know, Berkeley doesn't do anything in 30 days.

Um, and you you need to set them up for success, the police accountability board, and the only way you can do that is to extend the time.

Um you've already made all these changes to all these different things to to hinder them, and we need to make sure that they're successful and that things are transparent, and um really they don't need any more tools, uh, and they need to report them.

Uh so I I'm actually thinking that they should report it in March and in June, because I think we need to hear more about what they're doing and and and have an opportunity to ask questions two times and not just once a year.

Um, they can do.

Okay, that's it for online public comments.

Thank you.

Um I want to hand it off to the city clerk who has some minor technical issues with the items proposed that he would like to raise.

Uh yes, thank you, uh, Vice Mayor.

There's just a few uh quick things that would be good to include in the motion.

Um, the first one is that in section 080, um, it has paragraphs one and two.

Uh those should be paragraphs A and B, um for consistent um codification format, and then uh the severability section is numbered 010.

I think that's supposed to be 100 uh 2.100.100.

And then lastly is the um the effective date.

Um, you know, per their charter and ordinances effective 30 days after final adoption.

So the ordinance would be effective 30 days after the second reading um per the charter and the elections code.

So just those three quick minor technical edits.

Um thank you very much.

Thank you, Mr.

Clerk.

Um council members, do you have any comments?

I turned the parliamentarian back on to see if it will behave.

Councilmember Blackaby.

Okay, just to dig into this uh the timing point really quickly, um, and I want to reread and see if this gets us any closer.

I want to reread uh the proposed language here, these edits, both five and six failure by the PAB to make its recommendation on our proposal within 30 days of submission shall then basically enable city staff to proceed to the city council for approval.

And similarly on number six, after review by the PAB or 30 days, whichever comes first, then the police department shall submit the annual report to city council.

So my reading of this language and curious again, feedback of staff is that this then says nothing comes to us or to the our agenda process until that 30 days runs out, at which point then it would be submitted.

Is that a fair reason?

Is that how you read it?

Is that how you would interpret it, or how would you interpret that?

No, I would uh interpret that to say that it would not come before council to make a finding on or to approve or accept the either purchase of new equipment or the acceptance of the annual report unless 30 days had passed for the PAB to have review of that item.

And happy to make some comments on on why and how that aligns if if it pleases council.

Um and so uh I think about all the things and all the places that we have PAB review, the valuable PAB review on the process that we have.

For example, the charter allows them within 30 days of us implementing a policy, any policy or operational plan to uh make review of that.

Uh surveillance technology ordinance also envisions and expects us to give 30 days of review time to the PAB to go through that process.

Our um uh reporting processes through the city process, which is city attorney review, um review through the budget processes and and uh city managers review processes are also set on the 30-day cycle.

Uh the specifics of what they're reviewing as um part of this military equipment ordinance is uh primarily the reporting of an annual report.

Much of the data that is reported in that annual report is available in near real time on our transparency hub.

Uh the equipment is clearly identified.

Uh it's late, we have already gone through an approval process.

So the PAB knows exactly what equipment that we have in use in our department.

So if there was a specific tool they were interested in digging into, if there was a policy around one of those pieces of equipment, nothing precludes them at any point in time during the year initiating a process in that or preparing for that in advance of um receiving the annual report from us.

Um further, um, the uh what I had heard um the chair of the PAB share at least two times tonight was that um there are many times when they can achieve a 30-day review process, but there are times when he would like to step into a collaboration process around that.

All we're asking for is a timeline that matches what all of our many of our other timelines are for review with them.

Uh council also has the ability to hear from the PAB with a communication saying can you push it to a later meeting?

We have the ability to pull back an item and not bring in if there's collaboration or effort happening around that.

Uh I will also uh just kind of reiterate this is an annual report about uses that happened a year prior.

And so nothing would preclude us from um council from receiving the annual report as required by state law, but then directing us to move into a collaborative process with the PAB to explore alternatives to equipment or um changing the use policy around equipment or doing any of that other work, which would affect our actual current use.

Um we're talking about accepting a report that already occurred.

Thank you.

Um Councilmember Blackaby?

Okay, thanks.

Councilmember Bartlett and then Trago.

Thank you.

So um okay, so it looks back, you're saying, right?

Okay, I guess I'm curious.

I I served in this commission a long time ago.

It's a different form.

Is so uh you know, I mean, this body, of course, has been uh somewhat um I guess disappointed with the PAB this last year, we can be honest here with their work output.

Uh so I'm wondering, is this is this is this amount of work um feasible for this commission?

This is a real question here, or is the staff doing much of the work and then the the appointed members are sort of approving and commenting the way we do?

Is it is this a question for the chair of the anybody who anyone from the commission here or yeah um the chair of the commission is is online um if we can.

He's I he should be able to unmute.

Okay.

That goes to the question I'm asking here.

Chair Cayetano, do you have an answer to Councilmember Bartlett's question?

If the commission is, Councilmember, um yes, we have the ability to review it.

We have been understaffed um severely.

Um and we would appreciate more nominations, but um we are asking to we asked to review it last year and um we're asking to continue that review, and as the chief pointed out, it's based on a report.

The report um, you know, doesn't require more than reviewing that report, so we would have the ability to do that and provide you with an informed recommendation.

Okay, so all right, so um, so you feel that the the appointed members can actually do the work um as opposed to uh the city staff are appointed to the commission uh that we usually they usually have right uh to do the to the brunt of the work.

Um you f you you you can do this, you say if you're if you're fully if you're fully appointed.

Is this what what I just heard?

But being fully appointed would definitely help.

Um but yeah, okay.

I'm trying to just look, I just I'm because I'm just asking because I just want to just make sure that um, you know, we do have the alignment timelines and this predictability and ease.

Uh, but I also don't want to set you up to fail and you know, have have you unable to fulfill your your voter mandated um duties.

And uh it's been tough.

It's been tough.

Okay, thank you.

Uh yeah, I appreciate that.

Um, I don't think that was one question, but I'm not gonna say something else at the council pleases, but thank you so much, Chair.

Um, we're gonna go to Councilmember Trago, then Mayor Ishii and then Councilmember O'Keefe.

Uh thank you so much uh for at the outset.

I just wanted to thank Council Member Blackaby um for the supplemental.

Um I um definitely uh support the the main thread on it, and I um just needed more time to review it and you know it had to get into the supplemental two pocket.

So um that's uh I think the primary reason it doesn't include my name as a co-sponsor, but I um uh really support the effort to um get to uh a win-win here.

Um and that is what a negotiation looks like.

Um so my um remaining uh question is really on the 30 days.

And um uh council map with Blackabi, um, would it be possible for you to pull up the numbers six and seven right now?

The the edits, right?

Okay.

Yep.

Yeah, the edits.

Yeah, um, sorry, and then actually it's five and six.

Uh so I first wanted to just understand because I think six says whichever comes first, and five says within 30 days, and I was curious if the intent is to um for there to be consistency, but uh let me let me ask the question that um well the the this is the edge case that I've been thinking about, and I wanted to see how this would work operationally, and I appreciate the chief's comments that has um partially answered my question.

But let's say the commission gets a report the same day or maybe the day after um they have a regularly scheduled meeting, and so um I believe they meet monthly.

Is that correct?

Oh, is it twice?

Okay, it's twice a month.

So maybe that actually um gives me more warm fuzzies that 30 days may be appropriate as long as we are very clear in the language that it's not 30 days for the entire series of actions and clear up to getting to the council.

This is just the 30 days for the commission to provide its input.

Um, and then yeah, I just wanted to make sure that the language in five and six are consistent with each other, and that everyone understands what this means in practice.

Thank you.

Are those your comments for now?

Yeah, maybe uh this is a question for um could be um review by the police accountability board or 30 days, whichever comes first.

Um how are you envisioning this play out?

Uh it's similar to the previous, so just to be clear so 050 D 3 is about the PABs review of any acquisition and use of police equipment.

060 B4 is review of the annual report.

Um so they're both on a 30-day timeline, and they both say that there's a 30-day window to do the review, after which point whether staff has heard feedback from PAB or not, they can then proceed.

But my read of the item is one of them is has to do with the report the sorry the um use um reports on the use.

So the report.

So this says um uh six says uh it like let's say the PAB provides its feedback within 15 days at that point, and and they make it clear there will not be more feedback forthcoming within that 30 day window.

The item can be sent to council.

Okay.

Okay, I am um I am clear.

I did um admittedly have misgivings about reducing uh uh 60 days to um 40, but I also understand the point uh to be consistent with other 30 days uh parameters.

The fact that this is a look back, it's not um this is a report on what happened in the preceding year.

And in particular, that um I um yes, this is new information for me.

I was not aware that the PAP meets on a twice a month cadence, and that definitely feels like um i can live with 40 days and um if if that if if this language is what can get the entire council to get to a yes uh i certainly support that and again appreciate council members block of these work thank you council member um mayor ishi and then council member o'Keeffe and then um I have some comments as well yes um I'm gonna ask another question because I I think it's just hard for me to read and listen and and so I just want to make sure I'm understanding is this 30 days before it's submitted to agenda and rules or is it just 30 days like uh actually yeah it must be 30 days before agenda and rules is that right is that a question for um submitted for staff or for council member blackby for staff it so it's th so it would be submitted 30 days uh before agenda and rules before it's submitted to agenda and rules to PAB.

No typically uh the way our work processes uh work is that um because of the length of time when uh we um upload an item and then it comes to agenda and rules and then it finally makes it to council that's the time period with that with which PAB could be doing its review processes move and then weighing in to provide an item that's either included as a sub to um or as in within the original item if they can finish their review like that's that's the the the fact of us not having to wait for additional processes that then stretches out an approval process of a of an annual report um upwards of 60 plus days because we're waiting to hear back a 30 days and then artificially um having a review a review note or or a complete sign off on the PAB then have to sit for another 30 days before it can get to council because of having to hold before we get into the cycle of reporting thank you.

Okay I um all right I need to sorry I need to chew on that because I do just want to make some comments as well so um I I want to I want to start by saying I agree with the intent of the proposal to consolidate BPD reporting into one annual report and appreciate the importance of avoiding added burden and redundancy in reporting.

I just want to remind folks like that's what this item was created for in the first place was because there are some things that are redundant in our reporting and so we're trying to streamline that so I want to say I absolutely agree with that I think that makes a lot of sense um and I also think it's important that we we retain the categories of uh of equipment uh which are not explicit or included in AB 481 as well as retaining the requirements to include geographic location um I know from having conversations with the chief that geographic locations are already part of the transparency hub um however I think it makes sense to be explicit in the Berkeley municipal code because it allows the city to analyze frequency disproportionality and other interactions between BPD and the community um I think it's just important to be explicit.

So I'm gonna chew on this 30 days piece it's uh from what I'm hearing from the chair it sounds like 30 days could be sufficient it's just I want to make sure I understand the timing and how it works.

So I'm gonna let other council members comment.

Thank you.

Thank you Mayor Councilmember O'Keefe.

Thank you vice mayor um I really want to highlight something um that the chief said and I think a number of other uh members here have said but it's it's really important and I just don't want us to lose sight of it which is this report is not only is it looking backwards, so there's not exactly new information contained in it, but it's looking backwards at information that has been put on the transparency hub in almost real time.

Not literally real time, but like a day.

Um, so this is not we're talking about, and this seems to be I think the only issue that's really being debated right now is the the amount of notice, and it's just shouldn't be that big a task to review something that has that is not containing any new information.

And I just I really don't want us to lose sight of that because we're really getting into this, you know, these these really detailed conversations about the timeline and what it looks like, and that's fine, and we should understand it, and we should however people want to vote on that, it's fine.

I'm open to whatever, but I just let's just not forget that it's there's no scenario where some big huge revelation is gonna be put forth that's gonna take a lot of analysis.

It's it's information that is out there.

And I actually, while I'm saying this, I really want to make a plug for the transparency hub.

Um, there's been a I'm in a lot of conversations about different things regarding uh police accountability, and you know, it's a very important thing, and we're doing an excellent job.

Arlo is doing an excellent job.

We have the police accountability, the transparency of guys right here, and it's it's really it's a wonderful tool.

It's very very important to me that the police are held accountable and um have to um be incredibly transparent about their use of force.

That is you know it's it I take that very seriously, but we have this amazing tool already, and let's just not lose sight of it, and let's just remember that that's part of the universe that we're working in when we're debating how many days of notice we have to give the PAB.

Thank you, Councilmember.

Um, I have some comments and then I'll pass it over to Councilmember Blackaby.

Um I want to talk about the 30 days, but there's two other pieces that I also want to mention.

Um I'm concerned about removing um the pepper spray um portion of the item as our current resolution requires stricting reporting requirements, which is which is fine, which is good, meaning we wouldn't need it, but there is an item going through the process right now to change that, and so I just want to make sure that that that is um that the pepper spray is gonna stay in the conversation with this item um as we potentially change that resolution.

Um I also am I'm I don't really understand the need to remove the private right of action piece if it is restricted as it is currently and if it hasn't necessarily been used.

Um, so I I would like to have a further conversation about that.

And then finally, about the 30 days.

Um, I have a couple different comments to make.

First, I think that when although the it um the uses of the equipment is automatically populated into the transparency hub, it's a pretty different um when we're trying to analyze patterns, um, it is pretty different to see it all laid out.

And I think that um also given that the PAB is a volunteer body um and is understaffed, that for them to individually be looking at each time that a um that the equipment is used that is is separate from approving the um the report altogether.

Um also when the report from my understanding, um, and either the chair or staff can correct me if I'm wrong, um, there is more information added um into the report than there is on the transparency hub.

Um, there's the standard is um that the use of the equipment is necessary because there's no reasonable alternative that can achieve the same objective of officer and civilian safety.

Um, and we need to be able the the PAB needs to be able to um rely on the narratives of the department, which is new information by the time that they get the report.

Um so those are a couple of comments I wanted to make.

Um, I wanted to thank councilmember um Humbert and Councilmember Blackaby for their items.

Um I support Councilmember Blackaby's changes um with these small comments.

Thank you.

Go ahead, Councilmember Blackaby.

Thanks.

Um, this is maybe one more question for the clerk, just put the clerk on the spot.

Um, just again to think about the process for all of us on the 30 days.

So um item is submitted uh sort of the department has the item submits it to the PAB and then also at some point starts the agenda process for council um when PAB considers and reviews and potentially writes up a you know a response um as long as they meet a timing for sub two or whatever it can still be seen heard alongside I just want to think about how this works when it comes to us because like ideally then we have the report if the PABs already met in the 30 day window there's a way of squaring those and bringing those together at the end when it comes to us is that right and then that's basically done through a sub two can they can they file in that way or I guess there's potentially even an earlier part of the process they could put it into the stream.

Yes there's um there's three deadlines for when a communication would and there's three different places a communication like a letter to the council could be published um you know if it's submitted uh you know basically the day of the agenda and rules committee it could go in the agenda packet and then there's the sub one deadline which is seven days before the meeting uh that that packet goes out five days before the meeting uh and then there's the sub two deadline which is noon the day prior to the meeting um that gets published um that afternoon prior to the meeting so um there are those opportunities along the way uh and and then those um yeah so those supplemental communication packets are of course available to the public and the council so it's all um published on the record okay I think it's just um refreshing our as we're thinking through the process just making sure because then if they hit one of those on ramps then it's basically comes into the flow at the same time before it comes to us and we can have a discussion both about the report and the feedback we've received about the report and then that's how we would hear it in that way.

Okay thank you.

Thank you council member um I also wanted to mention I forgot that um council also meets twice a month but we also have large portions of the year where we're not meeting and so I want to make sure that we're giving the PAB this uh similar leeway then that we would have so that they do actually have the chance to meet um and agenda is before we hear something um yeah because if in a for example if in one month they only meet once and it's two days before our council meeting that makes it really difficult for them to submit uh materials that they need so maybe we can carve out um and make sure that there is a regular meeting of the PAB scheduled um within that time within a reasonable time before the council meeting are there any other comments council member tragen yeah thank you um I wanted to also I I was remiss in not thanking council members Hamburg and O'Keefe for just thinking through um how are how do we um take advantage of existing state law and make sure that um the oversight that we are exercising as a council that all of it adds value and that you know reduces duplication so um I I wanted to just say that I echo uh council member Keefe's points about the incredible value of the transparency hub um again I um appreciate and will be voting in support of uh council member blackaby's uh supplemental subject to well or as incorporated into the main motion now with uh additional conforming changes by the clerk as um as discussed I I want to end on just I I wish to echo um vice Mayor lunaparas' points um uh 40 days is actually not a lot of time uh and I definitely want to make sure and uh you know have have confidence that um to a collaborative process uh this is doable, but that the PAB actually has um enough information um you know provided to them prior to such time when they are having regular meetings, not say during uh the winter recess time um to make sure that uh they do have the capacity to provide uh the review that they need um so that and we can get uh quality information back to the council.

Uh thank you.

Councilmember, um I do want to clarify that there's no motion on the table, so um we don't want to like to make a motion, um okay.

First we're gonna go to council member taplin and then council member Bartlett and then Councilmember Humbert.

Uh thank you.

Um uh along uh those lines, I was because we do have two recess periods, but it's my understanding that our resource periods are our factoring to the timing of of critical things.

So I was wondering if someone could speak to that well, as it relates to this specific report um which is delivered in June, that's neither council recess or pad recess time, typical recess times.

Uh they work on a very similar recess schedule that the council does, they take a short recess in um in the fall and then also recess around winter.

And I don't think they take a spring recess.

Uh thank you.

Yes, and so to the extent that our that this can be timed together, that's to our greater benefit.

Thank you.

Thank you, Councilmember.

Councilmember Bartlett.

Thank you, Madam Acting Mayor.

Uh it's not vice mayor tonight.

Um acting mayor.

Um, so that was that was my question too.

So I I guess in terms of our our particular you know, government business day or business week, right?

Or business calendar, it's still aligns because they're also on break, and this this report is due in the month of June, and it looks back to the prior year.

So the they're they can structure this time accordingly.

And I wonder uh, you know, I guess just um because at this point I'm I'm I'm persuaded that the 30 days is doable, um, particularly with uh with them fully staffed, and I do hope that they are uh incorporating exploiting the incorporation of certain tools to help them uh do this work faster.

We all know they're out there, um, and you know, while there's no god with no policy guidance that use guiding its use in the city, uh we do know that um it can be used for the benefit of processes like this.

More on that tomorrow.

Thank you, Councilmember.

Councilmember Humbert.

Yeah, I'd like to make the motion um the main motion to um for the item that council member um O'Keefe and I have brought um and incorporate the um the supplemental um uh brought by Councilmember Blackaby and with the edits that he made that we've seen on the screen.

Thank you.

Um just to clarify that does that mean that that's the a motion to approve council member Blackaby's item with the changes?

Because he built off of it.

Yes, I suppose it is.

Yeah.

I think that's yeah, you can look at it that way.

Sure.

Is it also with the clerk's comments?

With the clerk's comments added as well.

Okay, thank you.

Second.

Thank you.

Um I just to make it very very clear because I think I'm still a little confused.

Um the does the um police department have to submit the um the item 30 days before the council meeting where it is going to be heard or 30?

Is that is that the right timeline?

We're hearing from staff uh the proposal and how they're reading our language and how they will interpret it as it exists is it will not come to us at a meeting it in less than 30 days, but they may come to the agenda process to start the process before the 30 days.

Okay, thank you.

Um how do we feel about a friendly amendment to forty five days so that we can give the PAB enough time to agendize it?

Um it gives them just a little bit more time.

But we've we're hearing from them that the current process for the other um reporting periods are not sufficient.

And and have caused conflicts in the past, and so in attempts to minimize those.

Uh just do they not have a regular schedule like a regular calendar of when they're agendas?

They do.

So I'm just trying to understand in what scenario it would take longer than what's proposed for them to agenda it.

Um there's been some issues with getting from what I understand that there's been issues from with getting the um the PAB members the information within that time um due to low staffing at ODPA, um, as well as as from my understanding of how commissions work, um the chair meets with staff two weeks before the meeting to agendize to figure out what's gonna be on the agenda and then the agenda solidified one week before the meeting.

And I'm not sure how urgent items work.

I don't I'm I don't think that commissions are allowed to accept urgent items, uh but I the PAB might be different.

But if they're agendizing a meeting to discuss a previously submitted report that's already posted.

Can we um I think that the that the chair of the PAB might have an example of how this might work if we can um if I can ask him to to provide one of how this has been an issue just it in getting them to actually hear it in time, is uh he's unmuted.

Go ahead, Chair.

Hi.

So if if the department submits it to us on the 27th of May, and our sec in our first meeting in June is not until the second week of June.

So we just said the what the 12th of June.

Um, technically, under the current proposal, the council would be able to consider and and vote on it um the 27th of June.

And for that to happen, it would go to rules and agenda, I believe what, 10 days before that?

Um, so we would really only have the ability based on our calendar, um, and our our biweekly meetings to consider it at one meeting.

Um, and and in that meeting, we would not only see the see the report for the first time, try to make, you know, we usually we would filter that out to a subcommittee, have the subcommittee at the next meeting bring it back to the second weekly to the second bi-monthly meeting, and then from that approve a letter for council.

So the 45 days that council no hard would actually make a material difference um based on the current process that uh based on that example that I'm providing there.

Thank you, Chair.

I think um I'm not sure.

Are you um you still wanting to speak?

I don't know if this is if the parliamentarian is I'm still here.

Sorry, Chair.

Thank you.

I meant um the council members.

Are you are your your hands raised on the parliamentarian?

Yes, I'm numbered.

Oh, I guess I'm num number one, um, but I I would support the 45 days based on uh this uh operating experience.

Thank you.

I think if we want our commissions to be collaborative with this, um, I think that this this would be a a good compromise.

Um, yeah, I want to make a comment um about that.

I think the 45 days makes sense because uh of this example that Chair Kayetano just gave.

I think it's it's helpful to understand um just like how how it can be calendar out and and I hear what the chief and council member Keefe said about uh that information being on the transparency hub but I think there there really is a difference that's important to be made here um between like what is available versus what has actually been submitted to them for review um and I I think with that logic that I mean they should be checking it all the time and in preparation for the report and that's not an expectation that we've we've set for them so um you know I would support the 45 days um but I I think that I'm hoping we can come to an agreement on a number um because I think the reality here is we we do want to be able to have that collaboration um and I and I understand um that I understand that the chief is what the chief is saying about um you know having that opportunity throughout but I I want to make sure we we um we build that in the time in thank you mayor um council member humbert yeah I guess I I have a question for the for the chief is can you work with 45 days well a couple things one is um and I'm not an expert on how materials can come to the to the PAB board but we submit those materials to the chair and to the DPA with a request for it to go to all PAB board members um which 30 days for them to review and then participate in a meeting would we would our experience is that that has given them adequate time and in fact Josh uh Chair Caetano has shared that that in plenty of times that he's able to look at that and say that's fine.

The challenge I have with 45 days is not that 45 days is hard it's that every time there's a different reporting period for different pieces of material and different annual reports um it puts an additional burden on staff to make sure we're checking tracking all those instances um the 30 day time period aligns with the way we submit other materials to um to the PAB for review that doesn't mean that we don't try to get things to them as soon as possible in fact often with the control equipment ordinance over the last several years I'm I'm typically broadcasting to the director um I expect to have this report done on this day uh reminding you this is coming um and as we get a run up to that um being mindful of the calendar and certainly as we're looking to land the date that we're coming in June nothing requires us to put a certain date in June or even to necessarily come in June.

That's just when our annual cycle has been certainly we'll be looking at the calendar and I'm happy to look at the calendar and communicate early with the PAB about when we anticipate landing that report and ensuring that they have a meeting timed out.

I mean I'm happy to hear from them about um deliver it closer to a meeting or farther from a meeting um so that they can have adequate reporting time those are just hard things to work into an ordinance um and for us to make sure we're hitting deadlines and timelines and what I'm asking for is to reduce the um burden of having a lot of varied um time your time reporting um connecting it to gender rules or connecting it to sex up two and things like that just make it more challenging on our end.

Okay.

Thank you Council Member Trago.

Yeah thank you chief um and and I I hear you on the administrative burden um I am wondering um I mean there are maybe this is a conversation that um needs to be agendized in the future around trying to make everything consistent to 45 days and I get that that is not what is before us tonight um in those broad terms um I'm wondering uh like I would support anything that can be done um outside of a council decision with a date to look at a cycle that brings it back uh or brings it to the PAB at a time when they're meeting um you know not around um a recess and uh frankly not around council recess either um I uh I did have a question I believe the previous language said um 60 slash 90 days because I think the the number was different than the letter.

Um but uh but then it said or 30 days if there is a um a grant directed um timeline so I'm I'm wondering if um a less elegant compromise but still a compromise could be to go with forty five days or 30 days um you know keeping the th retaining the 30 days for the strict uh grant directed timeline and uh this m this is probably a question for the chief um I I agree that um especially with grants we need a shorter window to be able to um operate l sometimes we hear about grants at the last minute um I I would refer back to what I said earlier about the challenges around a 40 day timeline and especially if in within an ordinance we have very um based on the the action that we're taking it just it creates more um administrative work for us to to track those things.

Okay.

Um I'm going to try uh substitute the motion just for discussion um and that would be to change part five um proposal within um forty-five days and then um uh we tr keep the text uh 30 days in instances where the proposal is subject to a time sensitive grant application and everything else would be the same as the main motion if there's a second who was the second thank you council member council member taplin uh yes thank you I just want to make sure I'm understanding um so they would be meeting to discuss a report submitted the previous year the year prior.

That's correct they are looking at a report of uh uses over the year prior um and then um are uh have an opportunity to make a recommendation to council about whether we should continue to use the material the equipment or change how we use it.

And what triggers them to uh meet to discuss that is that on completely on their end or is that responsive to something on our end or like could they do it sooner could they do it later I'm trying to understand like what like what is the time constraint for them to initiate that review.

They could initiate a review of equipment or policy at any point in time pursuant to the charter but their review of this report um begins when we submit the report to them.

I see I see um yeah I um I really don't want to have a scenario where we have like okay this report is 30 days this report is 45 days this reports 90 days right I think that's inefficient um uh and if we are gonna talk about how to have consistent uniform timelines I would like for that discussion to be grounded in um operational clarity and and efficiency um and it's still not it's still not quite clear to me what the extra time would allow them to do that they don't already have the ability to do um thank you council member um I can I offer a quick um from the amendment to the motion and um I'm I'm open to this not being accepted.

I I think I just want to understand it better.

Um adding back the right of private action as restricted in the current um in the current ordinance because there's no way it there's no other form of remedy um if this is not followed other than that very small private right of action.

Um the main motion or the substitute to the substitute motion.

This is a substitute.

I will accept that for the purpose of discussion I anticipate someone may well sever out that provision before we vote.

That's okay I think I want to just hear that argument also I I want to kind of talk through that as well to second or to set the um council member do you accept the friendly amendment um well so uh for the discussion yes but I I typically when it comes to you know um rights of action and city attorney might want to comment on this as well um you know this body uh is the one that creates fines and fees and creates um you know legal uh legal moments of jeopardy for uh for people in the for community for our city our staffers are people in the community I don't I don't know that appointed appointed um one of civilians um necessarily have that charge um thank you council member I guess um the current um the way that it's currently written states that if the alleged violation is substantiated and cured um then a notice has to be posted so the primary reason for having um a private right of action is curing the the issue and not necessarily holding up the city in in bigger um a bigger violation since um the prevailing complaint may only connect from the collect from the city reasonable attorney's fees in an amount not to exceed 15 thousand if they are obligated to pay such fees again something that hasn't happened um since we've had this well and then to go back if it's only fifteen thousand dollars that's nominal and does not really accomplish the task if the goal is is curing the the issue not necessarily the financial yes I guess so city attorney I mean I was just back and forth here but I mean when you get into these uh you know the government's role as um uh what's the standard you know the where our rules are um come from a a good place or a bad place or arbitrary and capricious capricious right if that standard still exists I mean this gets this sounds already sounds to me kind of weird that's only fifteen thousand dollars that seems like it's not meant to do anything I think the origin of the fifteen thousand is that verbiage is taken out of the um the other ordinance that yeah the uh still sounds silly okay that's fine I I'll I'll retract that are there any oh council Trago?

Yeah thank you um so if if you can pull up the language again five and six I think in my substitute I inadhortantly neglected to make a conforming sub change to ID to part six which would also say um after you by the police accountability board or 45 days change 30 to 45 days whichever comes first.

Thank you council member seeing no more comments from council sorry sorry mayor I go ahead sounds okay I just I just put my hands up I just want to give one last push for 45 days because I I recognize chief that this creates an additional burden and having to track uh a different time frame can be really complicated and I think that our hope here and the reason why I'm supporting 45 days is to allow for more collaboration and conversation and um given that part of the issue is staffing and the fact that we know that we're gonna continue having um issues with with our budget.

And staffing may continue to be an issue for a while.

I do really want to give this time um and and I think like, you know, as we are trying to reduce other administrative burdens um I'm hoping that that by doing that, by having one fewer report, that um this 45 days really is us trying to meet in the middle of making these changes and and also still keeping up with our with our values and supporting the work that the POP's doing.

So I want to thank you all.

I really appreciate the discussion and and really thank our um our our vice mayor for for holding uh a great meeting today.

So thank you.

Thank you.

Could we call the roll on the substantive some substitute motion?

Okay, on a substitute motion.

Um, we keep the motion.

Thank you, which is uh it's the same as the main motion except um it changes the 30 days to 45 days in these two sections here, D3 and B4, uh, 50 D3 and O 60 B4.

Uh and there was a second element to it where we would revert back to the old language in five or 30 days in instances where the proposal is subject to a time-sensitive grant application.

Okay, okay.

On the substitute motion, council member Kessarwani, no taplin, no, Bartlett, yes.

Oh, Keefe?

Yes, Blackaby, pass.

Lunapara.

Yes, Humbert.

Pass.

Uh Mayor Ishi.

Yes.

And Councilmember Blackaby.

Yes.

And Councilmember Humbert.

Yes.

Okay, motion carries.

Thank you so much.

Um that is our final action item for the night.

Thank you for the discussion.

Thank you so much for being here.

Thank you.

Um to the PV's representative for being here as well for to Chair Cayetana.

Councilmember Black will be will you send me the edits you have on the screen.

I will.

Thank you.

Um, we just have public comment um on items not listed on the agenda.

Um, one last time.

Um, you'll have one minute.

Thank you.

Just for items not listed on the agenda, in terms of process, I guess I have to say that you all just spent a lot of time debating something that's really small.

And if that's an indicator, what if the PAB actually didn't just rubber stamp a report, but actually wanted more information, and then they would send it back to the police, and then the police would drag their feet as they do.

I'm coming back to you to tell you seven months ago, I filed the complaint with the PAB.

Why no, there it's not just a work slowdown.

It is that the chief is not cooperating with requests for information.

That so if you standardize all these timelines, it's just it's just mindless.

It's not it's not, it's not uh it's not responsive to the needs of the people, yeah.

A hundred million dollar operation should be able to track a deadline.

I I just don't understand why we defer to the chief constantly and require nothing of her.

Thank you.

Thank you for your comment.

Go ahead, Carol.

Um, so I uh know that you're gonna be bringing forward a joint uh item regarding uh the an eviction moratorium in Minneapolis from the the rent board and the council.

I want to say to add to that, there was a um meeting of the National Low Income Housing Coalition today, that there were two presentations, the first a dismal one about how uh disparate impact is going to be eliminated in the in a housing discrimination by the Trump administration, and the second of which was expressly on the Minneapolis issues with housing.

While you are working with a council member, you might, if you go back to that recording or contact their office, you might be able to receive some additional information and resources and a sense of how the community is addressing the those issues.

There are uh three times as much housing uh application or uh applications for rental assistance thank you thank you thank you Carol do we have any um raised hands online um yes and again this is for public comments on items that are not on the agenda uh we have um hand raised John Lindsay Poland uh good evening yeah I I just have to respond to comments that um military equipment reports are only backward looking they are not only backward looking any requests for that are not on I'm so sorry but that was on our agenda okay the one other thing that I want to say then is that um I I find the chief's comment that uh that these are uh um burdens for the department to be disingenuous because the 45 days is for the PAB it's not for the department it's a it's a calendar that the PAB has to track not the department thank you thank you and phone number ending in four or five three I think this is the PAB chair Mr Cayetano did you want to give non-agenda public comments sorry I don't have a comment but thank you council numbers.

Thank you thank you.

Uh last is uh phone number ending in two one one for non-agenda public comments in memory of great Berkeley police chief dash butler who was a great man and Berkeley always had the one of the best police in the police department in the country my comment is always about I'm gonna start with a thrusty and the the unbelievable barbarous and brutality this man doing across the country I don't see anywhere I live 62 years I'm 85 years old you never see that anywhere anyone in the anyone in the world what is worse it'll be very quick he has access to the nuclear football slid and bottom in a briefcase read by a navy man behind all of the 12 feet from him when he bushed at bottom we are into the middle war or world three if it happens 98% of humans on earth will die within minutes or hours two percent will die penfully within days and by the way you know I'm nuclear engineer so I know the field very well thank you all of the great uh be able to and uh thank you okay thank you so much um is there a motion to adjourn the meeting all second okay can we take the roll uh okay to adjourn the meeting council member yes taplin yes Bartlett yes Traga aye O'Keefe yes Blackaby yes mayor yes Councilmember Humbert is absent uh and mayor Ishi.

Yes.

Okay we are adjourned.

Good night get some sleep thank you thank you madam acting mayor.

Thank you so much by everyone