OpenCityCouncil

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Segment 1

All right, we are going to get started.
I would like to call to order the Berkeley City Council meeting.
Today is Tuesday, March 11, 2025, and we're going to start with the roll.
Okay, calling the roll.
Council member Kesarwani? Here.
Taplin? Present.
Bartlett? Here.
Tregub? Present.
O'Keefe? Here.
Blackaby? Here.
Lunaparra? Here.
Humbert? Present.
And Mayor Ishii? Here.
Okay, and Council member Humbert is participating in the meeting remotely this evening, so we just need to run through our our script real quick.
Council member Humbert is participating remotely pursuant to the Brown Act as amended by AB 2449 under the Just Cause Justification.
Quorum of the Council is participating in person at the noticed meeting location, and Council member Humbert has notified the Council of his need to participate remotely.
Council member Humbert, please provide a general description of the circumstances relating to your need to appear remotely, but do not disclose any medical diagnosis, disability, or other confidential medical information.
Sure, thank you Mr.
Clerk.
I have tested positive for a communicable respiratory disease and don't want to be present with other folks to transmit it.
Okay, and just please disclose if there is anyone in the meeting location with you who is 18 years of age or older.
There is no one here in my home office with me.
Okay, and then Council member Humbert will participate in the meeting through both audio and visual technology.
Thank you, Mayor.
Thank you so much.
Okay, so it is the first meeting of March, which means we'll be reading our land acknowledgement statements.
We've had it so that we are taking turns, and so tonight is Council member Tragov's night to read the land acknowledgement statement.
Thank you, Madam Mayor.
The City of Berkeley recognizes that the community we live in was built on the territory of Huchun, the ancestral and unceded land of the Chochenyo-speaking Ohlone people, the ancestors and descendants of the sovereign Verona Band of Alameda County.
This land was and continues to be of great importance to all of the Ohlone tribes and descendants of the Verona Band.
As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shell Mound, and the Ohlone people who continue to reside in the East Bay.
We recognize that Berkeley's residents have and continue to benefit from the use and occupation of this unceded, stolen land since the City of Berkeley's incorporation in 1878.
As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today.
The City of Berkeley will continue to build relationships with the Lajon tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Thank you, Councilmember.
We now have the closed session report out, so bear with me.
It's quite a few paragraphs long.
The City Council meeting met in closed session on March 10, 2025, pursuant to Government Code Section 54956.9, subsections D2, and provided directions to Outside Workers' Compensation Council and approved a settlement by compromise and release, with the release of future medical care as to a workers' compensation matter, BER2200052 and a WCAB case number ADJ17945960.
The Council also gave direction to Outside Workers' Compensation Council and approved a settlement by compromise and release, with the release of medical care as to a workers' compensation matter, BER2400023 and a WCAB case number ADJ18246762.
Similarly, the Council gave direction and approved a settlement by compromise and release, with the release of future medical care or any alternative by stipulations with a request for award with open future medical care as to workers' compensation matter, BER2300048 and a WCAB case number ADJ10746024.
The Council also provided directions and approved a settlement by stipulations with request for award with open future medical care as to workers' compensation matter, BER2100079.
In addition, the Council provided direction to the City Attorney, pursuant to Government Code Section 54956.9, subsections D1, to settle the following lawsuits in an amount not to exceed $287,500, Tesari v.
City of Berkeley, Alameda Superior Court, case number 23CV030502.
I also wanted to take the opportunity to report out on a couple of items from January 23, 2024, and December 3, 2024, closed sessions where final resolution has been reached.
The City Council met in closed session on January 23, 2024, pursuant to Government Code Section 54956.9A and 54956.9, subsections D1, and directed the City Attorney to settle with Service Employees International Union Local 1021 CSU PTRLA for back pay of the remaining unpaid value of the 3% CalPERS cost-sharing reduction retroactive to July 29, 2021, plus 10% simple interest.
Last paragraph, okay.
The City Council met in closed session on December 3, 2024, pursuant to Government Code Section 54956.9A and 54956.9, subsections D2, and directed the City Attorney to settle with Public Employees Union Local 1 for back pay of the remaining unpaid value of the 3% CalPERS cost-sharing reduction from August 8, 2021, to April 16, 2022, plus 10% simple interest.
Thank you all.
That is the closed session report out.
So now we move on to the ceremonial matters.
I know, it's a mouthful.
So there is a proclamation for the American Red Cross Bay Area Chapter month, which is March 2025, and it's going to be received by John Earthy, who..
Are you here today, John? Thank you so much.
Yes.
And I think my staff is grabbing the proclamation.
So while they're doing that, I also want to say that we're going to be adjourning in memory of Polly Armstrong, a former District 8 City Council member, and that we will not be adjourning in memory of Marty Schiffenbaum because we're going to be moving that to the next meeting so that his widow can attend the meeting and be here in person.
And now I will read the proclamation.
Thank you.
All right.
We are recognizing the American Red Cross.
Whereas March is American Red Cross month when we recognize the compassion of people in Berkeley and renew our commitment to lend a helping hand to our neighbors in need, and whereas with 1,638 volunteers in Alameda County, the American Red Cross assisted or responded to 163 disasters, assisting 305 families.
And through our Sound the Alarm program, the American Red Cross installed 988 smoke alarms, making 291 homes safer and trained 2,544 youth and adults through Pedro and preparedness programs.
And whereas Alameda County residents donated 30,572 units of life-saving blood, hosted 1,154 blood drives, and trained 13,893 citizens in first aid, CPR, AED, and aquatics, and provided 455 case services to military members and their families, and provided humanitarian aid internationally.
And whereas this work to uplift our community is made possible by those who selflessly answer the call to help whenever and wherever it is needed, we hereby recognize this month of March in honor of their remarkable service and ask everyone to join in their commitment to care for one another.
Now therefore it be resolved that I, Adina Ishii, Mayor of the City of Berkeley, do hereby declare March 2025 to be American Red Cross Month in the City of Berkeley.
I think I'm going to give this to you.
We'll take up a couple pictures, but I want to give you a moment to respond as well.
This is live.
Good show.
Thank you so much, Mayor.
Thank you so much, Council.
Thank you so much, the citizens of Berkeley.
We have installed 3 million free smoke alarms across the country.
3 million.
These actually speak to you.
Latest technology, and they have saved over 2,200 lives, specifically since 2014.
If you know somebody who cannot afford smoke alarms or is at risk, you can go on the internet and simply look up American Red Cross smoke alarms, and a crew like me will come out to your home, fully assess, and fully install your home, one in every bedroom, always leading to bedrooms.
This weekend, this Saturday, our wonderful students from UC Berkeley Red Cross Club will be going around the San Pablo Park area and installing smoke alarms in over 30 homes, and we do that every week across the country.
Thank you.
We will be back in just a moment.
I think there's another adjournment in memory so I just want to get the name correct here.
Thank you.
We will also be adjourning in memory of Mel that poor as well.
Thank you very much council member.
Okay we are moving on to city manager comments.
No comments tonight.
Madam Mayor.
Thank you so much.
And I believe we.
Okay, so there's a total of 10 speakers on non agenda matters.
5 from in person speakers and 5.
On the zoom who are.
Attending remotely, so I'll draw the 5 in person speakers.
And if you are on the zoom and wish to.
Comment on an item that is not on the agenda.
Please raise your hand.
At this time.
I'm sorry, I.
I think that we are going to take these public comments, but the special meeting that I was referring to earlier will not be on this agenda.
It's on the consent calendar.
Sorry, I have to vote to add it.
Okay.
I'm sorry.
It will be on the agenda.
So now would not be the time.
That's right.
So it will be on the agenda.
So now it's not the time because this is public comment on non agenda matters.
Thank you.
Clerk.
I was unclear what the question was.
Okay, the 5.
In person commenters.
Okay.
It, uh, summer Brenner and Atlanta hour back.
Okay, if our 5 in person.
Public commenters can come up to the front.
Please just come up here to the side.
Any order is fine.
Okay.
So, please go ahead and feel free to adjust the mic that we can hear you 1 minute per person says it 1 minute for each of the 10 speakers.
Good evening, Berkeley City Council.
I'm here with a lot of my colleagues, activists for peace and justice in the city of Berkeley.
Good evening.
I'm here with a lot of my colleagues who have been murdered by Israel in Gaza.
This is just a small sample of the children, ranging in age from 0.
Infants to about 7 years old.
We just took a small sample.
I'm here with a lot of my colleagues who have been murdered by Israel in Gaza.
The reason why it's because we are making a plea to you to not stay silent during what is clearly a genocide going on that we're paying for with our tax dollars.
I'm here with a lot of my colleagues who have been murdered by Israel in Gaza.
We need that money at home.
For housing, education, health care and all the other things.
Thank you very much for letting me make a comment.
Thank you for your comment.
Appreciate it.
Good evening.
My name is summer burner and I'm going to see my time to Cynthia.
We are one of the premier peace activist groups in the nation.
We're a feminist peace group and we are always working for peace.
We don't take sides in these conflicts.
We're not on the side of Hamas.
And people accuse some of us activists who want peace as being anti-Semitic or on the side of Hamas.
That's nothing could be farther from the truth.
We simply want peace.
We want the killing to stop.
We want the starvation to stop and it's getting worse.
It's not stopping.
So we really need the city council not to be silent on this.
Those of us who I've lived in Berkeley almost 50 years and I need the council to say something.
It doesn't have to be the peace and justice resolution that was passed in September.
It can be one that's more of your choosing more of your liking, but you cannot be silent in the face of genocide.
That simply is not going to be okay with us.
Thank you for taking my comment.
Thank you.
Hello.
Good evening.
My name is Majdi Gaith.
I'm a Palestinian American Muslim and a business owner here in Berkeley.
Me and my brothers worked hard to build our coffee roaster and specialty coffee shop.
It was defaced four times between July and August of last year.
And my friend Nagin's business was defaced with Fuck Islam.
So before breaking my fast in probably 14 minutes, I just want to read the Fatiha from the Quran because Fuck Islam.
I want you to be aware that Berkeley high is walking out tomorrow because the safety supposed safety officers are harassing and brutalizing the students.
So you need to know about this and I'd like to see the rest of my time to Sheila.
Hi, my name is Sheila.
I'm a resident of District 2.
I've been a resident of Berkeley for 38 years.
I have three kids who have all gone through the Berkeley school district since kindergarten.
Tonight, I'm here as a member of the Peace and Justice Commission.
As you all know, the commission passed a resolution last September, which was never heard and then unnecessarily ignored and then dramatically admittedly delayed because of staff and council.
Our commission has been told by staff that this resolution will go to the rules and agenda committee on April 1 and then council on April 15th.
I am here on behalf of a number of my fellow commissioners and droves of voting members of this community to thank you in advance for hearing and placing your vote on this item at council on April 15th.
I am also thankful to Rex, Okia, the city clerk and our chair, Pastor Dwayne for ensuring a safe and peace and justice meeting last week after the fear of many of us commissioners had for our safety.
Thank you.
Thank you for your comments.
Thank you.
Thank you.
Thank you for your comments.
I had to leave because of the late hour.
Am I able to speak in his place? You see it at his time to me.
Whatever the rules are.
Yeah, I'm sorry, but I'm glad I asked.
Thank you.
Yeah, thank you.
We can pull a new card to replace tomorrow.
Well, Cynthia already spoke.
Thank you.
Thank you.
We got to we got to move along, folks.
Thank you.
Good evening.
So, Ilana started to talk about what's happening.
It'd be really great.
If some council members were checking with Berkeley high, because what's happening is they're complaining.
There's been like 3 incidents where resource officers in conjunction with Berkeley police officers.
I want to talk about how 1 of the students from was trying to access mental health services on the Berkeley high campus.
He was attacked.
He was, it was great traumatic handcuffing, all this kind of stuff.
As a matter of fact, BPD also attacked an unhoused woman.
At old city hall, who had.
Access to the bathroom.
At the city building on center street.
She was arrested.
6 officers, 6 officers.
I saw the citation.
I can show it to you.
It happened.
Thank you for your comment.
Thank you.
Okay.
Folks.
Okay, so.
Now, going to the.
Speakers on zoom.
The 1st speaker is a rom James.
You should be able to unmute.
I just want to know, let you know that the city council where I live.
It's absolutely a Israeli occupied city council.
They've refused to discuss a ceasefire resolution.
I'm asking you to show guts in Berkeley where I went to school and agendize a resolution against the genocide that's going in Palestine.
Do not eviscerate our 1st amendment by refusing to do that.
If you do that, you're playing into the hands of the Zionists and the Trump administration.
Please at least allow the conversation.
No genocide in our name.
I really appreciate you doing that standing up for the civil liberties of all of us.
No genocide in our name in Palestine.
No genocide in our name in Palestine.
I thank you very, very much.
Thank you.
Thank you.
Thank you.
Thank you for your comment.
And just for folks online that didn't hear earlier, I had said that we would be bringing this forward in a special meeting.
So just know that this is coming.
To counsel other online comments.
Yes, the next speaker is.
Eva, Eva, you should be allowed to talk.
Hi there.
Can you hear me? Yes, thanks so much.
I'm sorry.
I'm on my bike commute back from.
I just want to let you know that I did publish an article a couple days ago about what happened with the assembly district 14 delegate voting.
And some issues that that arose there.
I'm a little concerned that this is being swept under the rug.
I think there is a basis for civil rights complaint.
Based not only on the location, which is certainly not neutral, but the convener.
I do hope that the council will take a look at the possibility of a resolution urging anyone doing elections in the city to choose purely secular sites because otherwise you, you, you create the possibility for lawsuits.
And I think that's it.
Thank you.
Actually, that's it for.
Online.
Okay, okay.
It's a lot going on in the audience here.
If folks could just make sure to turn off your phones.
Try if you're going to have a conversation, please take it outside.
I just want to be respectful.
I know there are folks here trying to hear.
I'm sorry, please, please don't call out.
Please, please don't call out we we've had we've taken public comments.
Okay, yes.
You want to do that.
I took seven comments.
I will take three more but I don't want anyone else to call out in this meeting.
Okay.
Mark, are you looking up some just checking procedure? It's it's it's discretionary.
You don't have to take extra speakers.
If you don't want to, I will take three more speakers, but I will ask that folks.
Please don't call out if you have a question, you're welcome to walk up and whisper to the, to the city clerk over here, but we need to be respectful.
Okay.
There's a per in person.
Speakers we have Daniel Borgstrom, Liz Berkley.
Oh, Liz Berkley artist.
And Pete Fred.
Okay.
Can those three people come up, please? Okay.
Speakers any order, Daniel Pete Liz anywhere.
Okay.
You have one minute.
Thank you.
City Council.
So, we're my group is here tonight just to.
Encourage the city council to adopt the anti Muslim hate emergency resolution.
All these hateful elements we've seen recently.
And ongoing genocide in Palestine is the most compelling example of anti Muslim hate in the world right now.
If there's a resolution states, you are serious about anti Muslim hate and Berkeley in Berkeley and beyond.
You must agendize and adopt the ceasefire and embargo arms embargo resolution passed by the peace and justice commission last September before moving on to a performative measure.
We have a motion to adopt the ceasefire.
Otherwise, this is just a self serving gesture meant to distract people from our unwillingness to address the single most important human rights issue of our time.
I think cleansing is a crime since the so called ceasefire in Gaza over 40,000 people have been expelled from their homes in the West Bank.
I'm Daniel from vets for peace.
I live here.
I'm a Berkeley resident.
And I want to say that I'm here to speak for 34 people who will not who cannot be here tonight cannot be here ever.
Hopefully they're here in spirit.
They were crew members of the USS Liberty who were murdered by the Israeli Air Force and Navy.
These attacks happened in June 1967.
The attacks last about two hours.
There's been a huge cover up about this.
Our government did everything to cover this up.
Pretend it was a mistake and accident.
It was not a mistake.
It was a deliberate attack that lasted two hours by both the Air Force and the Navy.
Thank you for your comment.
Our last public comments.
I'm Liz and I'm saving my time to Marjorie.
Thank you.
Good evening, honorable mayor and city council members.
First, I do want to thank all the people who cared enough about this important issue to come out tonight to let you know that we are concerned about this issue of our wonderful Berkeley.
Our progressive Berkeley who has been known to take a stand all these years for peace and justice and even has a peace and justice commission.
And it's taken so long for you to get around to passing a ceasefire resolution, even a ceasefire resolution.
And so we must, we must speed this along, honorable mayor.
They have cut off the electricity again and all the food and all these, all those children that were represented by those flags.
They're dying.
Okay.
Thank you.
Thank you for your comment.
Thank you.
Thank you.
Okay.
So, city clerk, I believe that public comment from employees unions is coming in virtually.
So I just want to see if they've been identified.
I see the person on the on the zoom there.
Thank you.
Jocelyn.
From you, Jocelyn, you should be able to just to unmute.
Hi, can you hear me.
Yes, yes.
Great.
Good evening mayor and council members.
My name is Jocelyn I'm a city worker maternal child health worker.
I'm a member of SEIU 10 to one the CSU PTR LA chapter.
And, and I'm speaking on a position, you know, that's just been been the position of my union which represents 60,000 members about Palestine.
We're in a strong principled stance and you know we've been here using our union comment time every month, calling on the previous iteration of council this council.
I just can't believe month after month after month after month.
We're still here talking about this.
And then to hear recently about the Islamophobic hate crimes that affected it really wasn't the first time we know that physical therapy office Jaffa coffee has been targeted multiple times repeated times.
It's heartbreaking, but what really breaks my heart is that this, you can't ignore the context that this is happening in a vacuum, where Berkeley, California, of all places has failed to talk about a genocide.
It's, it's, I'm, it's unacceptable.
So I'm really, really hoping and praying that this will be a wake up call for for you all to try to get onto the right side of history at belatedly as it is.
I do want to say speaking.
I guess I'm just speaking for myself right now.
That's a Jewish American.
If you all make a proclamation about ceasefire.
l n or if you make a proclamation about condemning these Islamophobic hate crimes.

Segment 2

I, as a Jewish American, do not need to be patted on the head, do not need to be placated and told that you still like me by making those proclamations.
I really urge you to just take a principled stance, as my union has done, and tell it like it is.
And that's been the position of SEIU 10-2-1 and it will continue to be.
I'm really looking forward to Mayor Ishii, to thank you for your invite to meet with you, along with our political director of our local, representing 60,000 people, to meet with you.
Really looking forward to it and all the rest of the council members.
When, I'm not going to say if, when you choose to have the moral courage to take a principled stance on this, we will support you.
And so give me a call and I'm happy to meet with any of you and I'll bring our political director along.
We're here for the long haul.
I also just want to speak briefly on item 18 and the other items addressing affordable housing.
You know, our union has always supported everything in this realm that Berkeley has been working on.
And as we all know, rents in Berkeley are unaffordable for most city workers, for teachers, for working class people, these rents are already unaffordable.
And so I really, really strongly urge you to do anything that you can to protect workers like me and all the other city workers by supporting item 18.
That's it for me tonight.
Thank you all so much.
I guess I should have mentioned the COPE coordinator for our chapter.
And yeah, thank you for your time.
I look forward to all of you doing the right thing.
Thank you.
All right, take care.
Thank you for your comments.
Are there other employee unions here in person or online? No? Okay.
And I know our city auditor doesn't have comments this evening, so I will move us on to the consent calendar.
There are a couple of things here I want to say before we get into that.
First, in consultation with Council Member Tragem and his office, we're withdrawing item 15 from today's agenda due to a conflict of interest.
So the other thing is that potential conflict of interest.
Thank you, Council Member.
And there's also supplemental agenda material that's being brought as well.
And Mr.
City Manager, if you could speak to this, please.
Thank you, Madam Mayor.
Each of you should have a copy of the supplemental materials that I'm submitting and requesting your authorization for, which requires the two-thirds majority to have included in the packet.
And it's basically just a clarification on item number 6, indicating that the three items that we're doing public solicitation for, plan checking services, billboard relocation agreement, and generator maintenance services, are all encompassed within one attachment.
It kind of looks like there's three, but there's really only one that describes each of them briefly.
So I just want to make that clarification via this.
Thank you very much.
And so I believe we need to actually vote on this to put it onto the agenda to add it, the supplemental materials.
Is there a motion? I move approval.
Second.
Motion from Council Member Blackabay and a second from Council Member Trageb.
And since we have someone on line, we need to take the roll, please.
Okay, to accept the supplemental material, Council Member Kesarwani.
I'm sorry, I didn't hear you call my name.
Yes.
Taplin? Yes.
Bartlett? Yes.
Trageb? Aye.
O'Keefe? Yes.
Blackabay? Yes.
Lunapara? Yes.
Humbert? Yes.
And Mayor Ishii? Yes.
Okay.
Okay, thank you very much.
Okay, we will now take public comment on consent calendar and information items only.
Oh, okay, there's also adding Council Member Trageb's item to the agenda.
I'm sorry, can you say that again? So Council Member Trageb's urgency item.
Oh, thank you.
Yes, there's also an emergency item, which I don't actually have in front of me, but we also need to vote to put this on as well.
I move the inclusion of the urgency item to the agenda.
Do we need, this is done, right? Yes, yes, now we're referring to the urgency resolution introduced by Council Member Trageb condemning the recent incident along with all their acts.
I move that we add urgent item condemning the recent incident along with, condemning a recent incident along with all acts of Islamophobia in Berkeley and reaffirming unwavering support for the Muslim community in Berkeley and beyond to the agenda.
Okay, thank you very much.
Thank you, Mr.
City Clerk.
Can we just clarify because we don't have the physical in front of us.
I just want to make sure that we're doing this correctly.
Yes, so this item was submitted early enough where it was published in Supplemental Communications Packet Number 1.
It's also posted on the website with the agenda for tonight.
Okay, thank you very much.
I move that we add the item to the agenda.
Yes, Council Member Kastarwani seconded.
Any comments before? Okay, all right, so we need, we should roll to add the item to the agenda.
Yes, thank you.
Council Member Kastarwani? Yes.
Kaplan? Yes.
Bartlett? Yes.
Trageb? Aye.
O'Keefe? Yes.
Blackaby? Yes.
Lunapara? Yes.
Humbert? Yes.
And Mayor Ishii? Yes.
Okay, motion carries.
Item is added to the agenda.
Okay, so all right, now we will be taking public comment on consent calendar and information items only.
Thank you so much.
So right there.
All right, go ahead.
I'm Margaret Shuler.
I'm here as a member of 350 Bay Area, the Berkeley Hub, and I'd like to comment on consent item 16, the first year free fill empty storefronts.
Even though you just spent significant time reducing the referral list, I agree and commend your recommendation to send it for referral for further discussion.
And with the understanding that you won't wait too long, that residents deserve more local storefronts and the city can use additional sales tax.
The alternative is to local services is to drive more, have more delivery trucks tearing up our infrastructure, and it reduces the opportunities residents have to bike or walk to local services.
And as we continue to experience breaking temperature records, we must do all we can to mitigate local emissions, especially those associated with transportation.
Thank you for consideration.
Thank you.
Thanks for your comments.
Good evening.
My name is Jonathan Minster.
I'm honored to serve as the senior director of government affairs at JCRC Bay Area, the largest collective voice of Bay Area Jews representing hundreds of Berkeley residents.
Our member organizations include Congregation Beth El, Nativo Shalom, and Beth Jacob.
Today, I'm here to ask the council to support the urgent item and to continue showing compassion and principled leadership by keeping our community united by keeping our community united as outside antagonistic forces seek to divide us against each other.
And speaking against hate is the right thing to do.
Last week, an awful Islamophobic incident occurred in District 4, and it must be condemned.
Sadly, this incident is yet another example of rising hate crimes occurring in the state, which, according to the most recent attorney general report, have also targeted groups including the Black, Jewish, Asian, and LGBTQ communities, among others.
In the face of rising hate, JCRC believes the role of local elected leaders is to condemn incidents, foster inclusion, engage in intercommunity education, and assure we don't perpetuate the divisiveness that outside political actors seek.
Berkeley has a strong track record of this, including United Against Hate Week, Holocaust education, and the collaboration with law enforcement.
Thank you.
Thank you so much.
Okay, folks, please be polite to our speakers.
Thank you.
Good evening.
My name is Kit Saganor, and I'm the chair of the Open Government Commission, and I'm here to speak on item 4, the updated commissioners and board members manual, not perhaps an exciting document, but one that does make a difference in how commissions and boards operate.
And I mostly want to thank the city clerk's office for entertaining a variety of recommendations that came from the commission, including that change to the title so that it's clear that it's board members and not just commissioners.
And, of course, there are some other things that we would like to be done that may be a little more substantial down the line, but this is a very important document, and the commissions are important and do some really wonderful work.
And we hope to see a stronger support in many ways for the work of the commissions and boards to benefit the city of Berkeley.
Thank you.
Thank you.
Thanks, Kit.
Go ahead.
Hi.
Hello, commissioners, council people.
My name is Meryl, and I'm a former teacher.
I live in D1, and I'm also a Berkeley Unified School District volunteer.
So I'm here to speak about the Berkeley Unified School District housing city preferences overlay, and I request that this item be moved to action because it's really important that everyone is very clear and there is transparency in the leasing practices for this item.
I have corresponded with city officials who have given us very good information.
However, there are some different perspectives about what it means, what this overlay will mean for the actual leasing practices at the adult school site.
We believe that it is really important to have Berkeley Unified School District.
I'm sorry, your time is up.
Thank you so much, but your time is up.
I'm really strict about time.
I want to be super consistent so we can be respectful for everyone.
Thank you.
Appreciate your comments.
Thank you.
Okay.
All right.
You've been given a minute.
So anyway, I was just clarifying that it would be good for the city council, everybody among us, to be very clear how what's called Berkeley Unified School District affordable housing will be leased.
And it does seem to be that, you know, there will be the ability for BUSD employees to be there, but not totally.
So it would be good to discuss it.
And finally, I wanted to also agree with Margo Shuler and very excited to see item 16 and hope that it comes back soon because our neighborhoods need vitality and economic development.
Thanks a lot.
Thank you.
Madam Mayor, City Council, I will cede one minute to Nagui Mosette.
Hello, my name is Eva Diep and I cede one minute to Nagui Mosette.
Okay.
Okay.
A third minute, so that makes four.
Thank you.
Yes.
Dear Council and Mayor Ishii, I stand before you on the eve of the takedown of free speech and other liberal democratic institutions in this country, which has already begun on our college campuses.
Over the weekend, a Palestinian activist student at Columbia, a green card holder, was detained pending deportation by the Department of Homeland Security for his political speech.
DHS is also working with Canary Mission, an anonymous doxing site that conflates anti-Israeli activism with anti-Semitism to identify targets.
They are also using AI and facial recognition software to identify activists for harassment and deportation.
This is a train that is coming for all of us, and this is just the beginning.
I commend you, Council Member Traigub, for wanting to stand against hate and Islamophobia, but your resolution, as written, does little to address the root causes of this issue.
Let me draw you a clearer picture.
The acts of targeted vandalism at my clinic, which started last spring and summer, resulted in me coming before this body in July and sounding the alarm and begging for due attention by the Council, by the then Council, due to these acts of hate.
My comments were largely ignored by both Mayor Eregim and the majority of Council at that time, save a few, like Council Member Lunaparra.
It is only now, after television cameras came to town to broadcast to the world this ugly and embarrassing side of Berkeley, that you are stirred to take action.
Such a timeline casts a shadow on the spirit of your intentions.
There has been a concerted effort throughout Berkeley to silence the voices of those who object to genocide and ethnic cleansing ongoing both in Gaza and the West Bank today, and it is not only Muslim-owned businesses.
I recently learned that a poster for peace in Gaza was torn up outside a Methodist church.
I've also spoken with other business owners who told me they wanted to put up such posters in their businesses, but are afraid of being victimized like our clinic has.
Let's call these hate crimes what they are.
Political violence intended to intimidate Americans from exercising their freedom of speech.
Your failure to pass a ceasefire resolution at the time when it was crucial to stand on the right side of history has emboldened those who wish to silence our American right to freely express our opinions.
It has empowered a fringe group of pro-war zealots backed by powerful lobby groups who want to isolate and weaponize their oppression and justify the banality of evil, normalizing hate and the erasure of an entire group of people.
If you truly want to write a resolution against hate and Islamophobia and protect your constituents against political violence, then you must be straightforward and clear and name the inhumanity which is being done with impunity today in Palestine, a majority Muslim state literally going through an ethnic cleansing.
We have seen how during the Weimar period in Germany, acts of violence against Jews were normalized, Jewish people were dehumanized, and the world slipped into accepting their ethnic cleansing and genocide as the Third Reich did so.
And it did not stop there.
Ethnic minorities such as the Roma people, political dissidents, communists, and even those with disabilities were targets.
Groups not unlike Canary Mission encouraged citizens to inform on and denounce their neighbors and friends.
Hate starts with one group, but once normalized quickly extends to others.
All those who stood by and did nothing were complicit in those acts.
I am here fully ready to back this proposal, but only if it gives meaning to its lofty title and makes good on its claim to reaffirm Berkeley's unwavering support for the Muslim community in Berkeley and beyond.
So I'm going to finish her statement because it says unwavering support for the Muslim community in Berkeley and beyond.
So please add the following provisions to your resolution so that it reflects Berkeley's opposition to the Muslim hate and Islamophobia that is festering in our country and threatening to undermine the republic and our very democracy.
Please add this amendment.
Whereas U.S.
policy towards the Palestinian people has enabled dehumanization, violence, ethnic cleansing, starvation, and genocide, and supporters of these hateful practices have been emboldened to harass and intimidate those who speak out against these policies in our community in Berkeley.
Therefore, be it resolved that our city supports the rights of Muslims around the world to be free from ethnic cleansing, apartheid, and genocide, and we declare our support for a permanent ceasefire, arms embargo, and an end to the occupation of Palestine.
Thank you.
Thank you both for your comments.
My name is Tim O'Brien, I'm a resident of Berkeley, but I'm here on behalf of Imam Sundiata of the Lighthouse Mosque, who was not able to make it.
He wanted to come, but he had a previous engagement.
He's very concerned about the timing of this resolution without having passed a ceasefire resolution.
I will read his statement.
As someone who grew up in the city of Berkeley, I've always felt that sense of pride that I came from a city that usually was on the forefront of so much of the fight against oppression and for equal rights and the free speech movement.
However, now I look at a city that has not joined the call of so many other cities to recognize the humanity of the Muslims who are being scapegoated and vilified, whether they be in Gaza or in Iran, by politicians as they seek out votes by instigating cultural division in America.
With the total disregard for the humanity of our marginalized Muslim citizens that have endured a year plus of sorrow, I really wish that the city of Berkeley could have the courage to stand up for all our citizens.
I'm sorry, your time is up, Tim.
Thank you for the comment.
Okay.
I really wish that the city of Berkeley could have the courage to stand up for all of our citizens, whether they're Jewish, Hindu, Muslim, Rastafari, Christian, Buddhist, Yoruba, agnostic, or atheist, and declare that we see the suffering and understand the pain of its Muslim residents.
Thank you.
Thank you.
I cede my minute to Siman Shamji.
Good evening, Council Members.
My name is Siman Shamji, and I'm a long-time resident of Berkeley who has worked in the criminal legal system for over 30 years.
I am also Muslim and an immigrant of South Asian descent from Tanzania.
All three of my children went through the Berkeley Unified School District.
My husband and I moved to Berkeley about 25 years ago to raise our family here because of the sense of inclusivity and commitment to social and racial justice associated with Berkeley.
But now, there is a palpable aura of repression in this city as a small minority and its lobby groups exert an outsized influence over all city policy.
And we are seeing this influence reverberate across the country, a frightening reality being unleashed on people of conscience, especially students, for speaking up for their values.
I am disappointed in this Council.
I'm disappointed that this Council has not found its way to denounce genocide.
That is not the Berkeley I came to raise my children, and I will not support a Council that does not stand against all hate, both in Berkeley and beyond.
The time for you to act is now, and not hide behind calls for further discussions and meetings which preserves the status quo.
I believe that these recent hate crimes against Muslim-owned businesses have come out of your refusal to take a stance for peace and justice for the Muslim community around the world, and your inaction has emboldened these forces of hate.
If you're sincere about supporting the Muslim community and do not insult us by adopting this performative and politically expedient measure before first agendizing and passing the more important ceasefire and arms embargo resolution put forth by the Peace and Justice Commission last September, thank you.
Thank you.
Hello.
Thanks, Igor, for the urgent item, and please go further with it.
Local anti-Muslim hate crimes didn't happen in a vacuum, but are directly related to activism for Palestine, and also to your failure to have passed a ceasefire resolution, which emboldened – which failure emboldened those who wish to silence our free speech, empowering pro-war extreme zealots.
The way that we end hate is by locking arms across differences together, to insist that freedom and safety is for all of us, including Palestinians and their supporters, no exceptions.
Demolishing homes funded by our taxes – that's a hate crime.
Destroying Gaza hospitals, blowing up water treatment facilities – hate crimes paid for by our taxes.
It must stop.
Thank you.
Thank you for your comment.
Good evening, everybody.
I've been a Muslim 24 years ago.
In other words, I've been a Muslim for 24 years.
I believe in Allah.
I believe in Muhammad, peace be upon him.
I believe in the afterlife, and I believe everything that we do or don't do in our current life is going to be paid for one way or another in the afterlife.
So I would urge you, when you have a chance to vote for a ceasefire or a resolution, to vote as if your life depends on it, because at some point, either here or in the hereafter, it will.
Thank you.
Good evening, board members.
I'm here to speak on Item 16, the Fill Empty Storefronts Act.
What I'm seeing in my neighborhood in CD1 is business after business disappear, close, and leave an empty hole.
So I'm very concerned to see that the Land Use, Housing, and Economic Development Policy Committee, for some reason, which is not made clear to me and not in your minutes, has decided that this Fill Empty Storefronts Act – which I don't know if that's the best thing ever, but at least it's some indication that the city has some concern about the growing dearth of businesses and the suffering of small businesses in the city.
So I don't understand why this is being pulled, why this is not being acted on, and as other people have said, I really would like to know that this Council cares about the small businesses that are struggling.
The latest one in my neighborhood is Berkeley Lighting on San Pablo, which may be disappearing soon.
So this is troubling to see Council members deciding to pull something for some reason and then not scheduling action.
Thank you.
Thank you for your comment.
Hello, my name is Gabriela, and I'm here to say words.
Words are pretty.
Words are easy.
Why are my community, Muslim community members that have just been targeted by hate, taking this opportunity to talk about other Muslim hate, other hate, just period, because they, people in Palestine, people anywhere, an extension of us, we care about these people.
And it is beautiful to say we stand against hate, we do this, but without action, without stopping and dismantling the issues that allow for a genocide to continue, for speaking against divestment or not calling to stop the genocide.
Thank you.
Hello, Mayor and Council.
I would like to draw your attention to the public safety aspects of the resolution and the Council not having passed one.
It doesn't only affect our community members and businesses that have been vandalized with hate crimes.
On Sunday, February 23rd, I was outside of Zellerbach Hall on the UC Berkeley campus, right by city property, Bancroft Avenue.
And I watched Israeli men with Israeli flags harassing and intimidating Americans who were exercising their free speech rights.
I was appalled that any foreigners with foreign flags would be allowed to do that.
And then I thought about the accounts of the attacks on peaceful groups at UCLA by Israelis, including with steel pipes.
Then I thought about the attacks on students at Columbia University by Israelis with a chemical weapon that Israelis use against Palestinians called skunk spray.
And then I realized it's just a matter of time, perhaps, we know these folks are here now, they've already been harassing citizens in Berkeley.
Will it lead to more violence? So that's why I'd like to draw your attention to the safety aspects.
And I really feel people are emboldened.
And I think the city needs to step up and protect us, for goodness sakes.
They're people who are very violent, and they really mean business.
Damaging businesses is one thing, getting up in people's faces who are expressing themselves is another.
And the next step, we fear, is violence.
There were people there who are legal observers.
They told me that these people, they'd seen them before, and they were Israeli operatives.
So we know they're here.
So please take steps to protect us from that violence and our students on the UC Berkeley campus.
Thank you.
Thank you.
Okay.
I think we have a few more in person, and then I think we might have some online.
Okay, go ahead.
Good evening.
I'm here to speak on item 14.
My name is Courtney Powell, and I'm the policy manager at Resources for Community Development, or RCD, as we're known in the field.
We're a Berkeley-based affordable nonprofit housing developer, and we're here to speak in support of this item today.
As we all know, preserving and protecting affordable homes is a key strategy towards ending homelessness and improving housing stability for low-income households in Berkeley.
It's really important that the city is able to maintain its existing supply of affordable housing, which is, again, in very short supply compared to the need in the community, to maintain that as safe and modern homes over a long lifespan.
And the transfer tax exemption study proposed in item 14 would facilitate nonprofit operators in doing just that, in keeping affordable homes affordable for the long term.
So I ask for your support for this item tonight.
Thanks.
Thank you.
Council members, we used to chant that words without actions turn to lies.
And although Commissioner, Council Member Trago, I appreciate your gesture, but I think that, unfortunately, it will become a hollow gesture if we don't link that gesture to the cause of the problem.
Unfortunately, the silence of this Council and the U.S.
policy towards the Palestinian people is what has enabled the genocide, is what enables the destruction of that culture and those people.
And it is our silence that enables U.S.
policy.
We have to separate ourselves from that.
We have to distinguish our city from Trump.
We have, at the thought of 5,000 Palestinians a day being forcibly relocated with the consents and the urging of our government, we have to separate from that.
So please add the resolution, the amendment.
Thank you.
Your comment time is over.
Good morning or good evening, Council.
My name is Audrey Byrne, and I am a law student at UC Berkeley.
I want to support the resolution condemning anti-Muslim hate in our community.
And I also want to urge this Council to support a resolution against genocide, supporting a ceasefire.
I think it's clear from everybody who's spoken tonight that as the leaders of our community, as the people who represent us and represent our values, it's clear what the people of Berkeley want and what our values are.
And I'm not sure what else we need in order to pass a resolution against genocide and against all the hate that's been going on against Muslim people in our community.
Thank you.
Thank you for your comment.
Well, Councilor Tragob's resolution is well meaning.
Let's all be honest.
As others have said, it's no coincidence that Joppa Coffee and Berkeley Community Physical Therapy, places that have been outspoken for the plight of the Palestinian people, are the businesses that have been most vandalized and most.

Segment 3

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Segment 6

Council member Humbert, I know you, I think you had your hand up first.
Thank you, Madam Mayor.
It's easy for me to do that online.
We've read through these these two, and I think we've all read through them.
And I can't support either version of this item tonight.
And my primary reason is that the definitions.
In both versions, but especially the definition and the supplemental.
Are overbroad and likely unenforceable.
The way the original version defines algorithmic device and competitor data.
Could, as we've been discussing, prevent a landlord from using.
Their own nonpublic records to inform their decisions about rent levels and vacancies.
If a majority, additionally, I would like to see algorithmic device.
Changed algorithmic software, if it were to pass, or something similar.
With attendant changes, but I think this is not ready.
For, you know, being able to do that.
This is not ready to pass it.
It would need a substantial amount of work.
Before it made a whole lot of sense and was.
Precise and targeted enough for us to.
To to a doc.
Even even so.
The, the pricing algorithm.
Definition in the supplemental.
Is any analytical or computation processes.
That use data to recommend or predict the price of consumer goods.
Or services this definition is really, really important.
Although the ordinance provides additional examples of the more specific pricing.
Algorithms in mind, it does not adopt.
A more limited definition that could withstand scrutiny.
So, I would like to see.
A more specific pricing.
Algorithms.
So, you know, I think under this broad definition, a couple trying to rent out their.
And plugging a bunch of rental information.
From Craig's list into an Excel spreadsheet.
To find an average rent in their area would fall into the prohibition.
In other under either ordinance, it's at best ambiguous whether something like Zillow's rental services, which rely on public and private data would be illegal for people to use in Berkeley.
I also think the ordinances, both of the.
Versions as written are imprecise in a number of ways.
For example, they currently allow tenants a private right of action.
But theoretically, the people most affected would be prospective tenants.
So, as written, these ordinance don't provide.
And if we're going to open the door to prospective tenants, using a private right of action, this needs to be carefully prescribed to prevent abuse.
I think another issue with these proposals overall.
Is that they don't provide a legal avenue.
For tenants to use.
So, if we're going to open the door to prospective tenants, using a private right of action.
This needs to be carefully prescribed to prevent abuse.
This needs to be carefully prescribed to prevent abuse.
I think another issue with these proposals overall.
Is the difficulty really and this probably is the crux of the biscuit.
Is the difficulty approving such tools have been used as a city.
We don't have the resources to conduct the level of investigation.
Necessary to establish whether a landlord used illegal algorithms, especially if they tried to do so.
There's nothing about a particular asking rent level.
Or vacancy that would, in and of itself qualifies evidence.
That such an algorithm was used.
Establishing that such an algorithm was used.
Would essentially require seizing computers.
And subpoenaing records from the landlords.
The service providers.
And this differs from so many of the other ways.
In which we regulate rentals, where the evidence of wrongdoing.
Would be much plainer in physical form.
In communications with tenants, or in landlords, discriminatory actions toward.
Perspective tenants.
You know, and saying all this.
I want to emphasize that I think Anna and I competitive behavior.
And price fixing by large market actors is bad.
And something we should try to crack down on.
At a higher level, but I don't think this makes sense.
And I think that's what we need to do.
And I think that's what's for us to do here.
This is because we don't have the resources.
I have something like an attorney general's office.
Or the department of justice.
And because I think the nuance and enforcement are difficult to get.
Right.
Finally, looking at the big picture.
I think that we see from the data.
That the single most important thing we can do.
Is to prevent.
You know, price fixing schemes this ordinance aims to prevent only work.
When there's scarcity and oligopoly in the market.
And to pretend that these devices somehow are leading.
To high rents really is a gross.
Oversimplification.
I want the city to stay focused on the areas.
Where we can make the biggest difference with the resources.
And I think that's what we need to do.
And I think that's what we need to do.
And I think that's what we need to do.
And I think that's what we need to do.
And I think that's what we need to do.
I'm more and more strained as we move forward into this new era.
So, I, I'd like to make a motion to reject.
Both proposals.
I'll second for the purposes of discussion.
Okay, there, the next person to speak is council member.
And I'm going to reserve myself a spot after.
Okay, thank you.
So, I'd like to make a motion to based on feedback from advocacy organizations.
Tech equity members of the housing advisory commission and the city attorney's office.
I introduced a supplemental item to clarify some definitions and close potential loopholes and.
Councilman has co-sponsored co-sponsored the item.
So I appreciate that.
I'm concerned that the positive effects of our city strong action towards building more housing may be curbed by this kind of collusion.
Also, frankly, this is the kind of legislation that's best taken up at the regional level.
So I hope that this is 1 step towards broader legislation to stop the cooperation.
Between competitors to manipulate the housing market.
I have also incorporated further feedback from the city council's resident tech expert council member.
And I'm grateful for his collaboration as well.
The city attorney's office reviewed these technical changes this afternoon, and I'd like to thank them for their quick responses and collaboration.
I'm going to share my screen in a 2nd to show these technical changes to my supplemental.
I need to.
Give me 1 2nd.
I need to be able to join the meeting.
I'm so sorry.
I'm going to share my screen.
I need to be able to join the meeting.
I'm so sorry.
I'll just say that.
And then, yeah, let's go.
Yeah, I'm back.
So there's 2 main changes, 1, large, 1, small, 1, 1, clarifying the definition of pricing algorithms to make sure that direct or indirect.
And 1, small, 1, large, 1, 1, small, 1, 1, clarifying the definition of pricing algorithms to make sure that direct or indirect coordination with competitors, including through third active.
3rd party vendors is illegal under this ordinance and 1, smaller change to remove the explicit naming of the East Bay rental housing association and the property properties.
Property owners association in finding section F.
So.
Give me a 2nd while I pull that up.
I'm so sorry.
Sure.
Thank you.
Thank you.
And thank you to our presenters, including D6 is nominee to the or commissioner to the housing advisory commission.
And thank you to council member Luna Parra, who's been so willing to take feedback.
And think through these issues.
I share a lot of the feedback from folks at this meeting.
That algorithms in and of themselves aren't good or bad.
You could certainly envision an algorithm to help renters, for example, gather wide swaths of data across an entire market to help them make an informed decision about what they should be willing to pay.
That'd be a great algorithm, right? That'd be a great LLM.
That'd be a great use of technology.
To give them access to data to make informed decisions about what they should be willing to pay.
So, I'm just a marketer.
I have no practical knowledge whatsoever.
Well, good policy.
That's great.
So anyway.
So algorithms in and of themselves aren't good or bad.
You could certainly envision an algorithm to help renters, for example, gather wide swaths of data across an entire market to help renters, that'd be a great use of technology.
To give them access to data to make informed decisions.
Similarly, you could envision algorithm.
Neutral algorithm to help landlords survey the market and determine a fair price.
To market to rent out a unit that also could be a great use.
And a fair use of an algorithm.
So to me, the problem isn't the tech per se, it's the collusion.
It's the coordination among competitors in an anti-competitive way.
Kind of behind the scenes.
Outside of the free and fair market that we're concerned about.
And so any technology that facilitates that kind of coordination and joint price setting.
No matter what the source of the data is, it's the coordination and the collusion amongst the market players.
I think is the problem.
So when council member Lunapara shows you, we worked a lot on the definition of pricing algorithm to try and introduce that it's.
Thank you.
We added the highlighted parts in yellow, that it's not just the analytical or computation process that uses data recommended to predict the price.
It's indirect or indirect coordination with one or more competitors, including potentially through a third party vendor.
The other thing we did is we've made the other section plural because I'm less, again, less concerned about one landlord using one piece of technology and setting a price in isolation.
But jointly, if landlords together are making decisions together about vacancy or about pricing.
Again, that to me is more problematic.
So one other broader point, and then I'll cede my time.
Our point is as a city, we should support innovation.
We should support technology.
We have a world class campus right down the street.
And so I want to make it clear that as a city, we support smart thinkers.
We support development of AI.
We support development of technology that makes things better.
We support technology that makes things more transparent, that makes markets more transparent.
And accessing more data to make more informed decisions is a good thing, but we don't support collusion.
We do not allow collusion.
Collusion is illegal in our rental marketplace.
And so that's, I think the balance we were trying to strike here.
Last thing I think I'll mention, and we may not fix this tonight.
And we've been talking to city attorney is what we actually call it.
We're calling it here pricing algorithm.
I think we could probably even be more accurate to say that it's something about, and this isn't exactly right, but market setting algorithm or price fixing or price control.
There's something about it because again, in and of itself, I don't have a problem with pricing algorithms.
I have a problem with algorithms that facilitate collusion.
And that's really what we're trying to regulate here.
So thank you to customer Luna para for indulging me.
And hopefully we can get this balance.
Right.
Thank you.
Yes.
Moving on to council member Bartlett.
Thank you.
And I thank you for bringing this forward.
And I mean, we had a great talk about this at the, the committee.
And we discussed the, the entity can have practices and collusion inherent in this.
We, we talked about the, the erosion of tenant protections that come as a result.
And there's further GDPR, California, privacy protection, data concerns.
The, the, the trending towards housing discrimination and systematizing it and this overall, this tech monopolization, this, this, this algorithmic AI.
Capture of the American consumer.
And we see it in pricing for airplane tickets.
We see it in, in everything, anything you shop on, depending on what time of day you get a different price or it knows your, it knows your, your banking information.
It knows how much money you make get a different price.
It's turning into a real prison for people.
And as my colleague was saying, Mr.
Black could be, you know, this, this technology, I think this is really the first time we've been, we're going to the first of many times, we're going to have to come out with some guidance on how to use this new force.
That's coming into our world and it is neutral, but we need to get ahold of it and make it positive.
And that means making work for people and not against people.
So, you know, I think really need to, to, to pass this.
I like the, I like the changes made in the supplemental by my colleagues.
It addresses, I think some of the, the concerns raised by a council member.
He's not here.
Humbert there you are.
There you are.
Humbert and, and, and really describes the, the, the hub and spoke nature of it and this anti-competitive model.
And in the absence of any real federal enforcement, unless so as we see day by day, I think we have to stick up for our residents here.
Thank you.
Thank you.
Moving on to council member.
Thank you.
I just had one question.
You mentioned that there was pending state legislation.
Are you able to, to share what those bills are? I think your mic is not on.
Yeah.
Just put and pull it close to you.
There we go.
It's so funny after so many years of being up there to be on this side and have to learn how to use these mics again.
There are 4, I don't have, I could pull up in a minute.
I had them up, but I don't have them, The tech equity has been, has been working closely with one of the bills.
And this, that the definitions that were recommended, that were the base of.
The.
And try group suggestions are reflected in that.
I just, I think that.
You know, it's unclear that we've been doing, you know, there have been state bills that are across the country.
This one is more modeled off of San Francisco's.
And I think that, you know, that regional impact is going to be very, very important.
I mean, I hope the state passes it because that'll make a huge difference.
You know, gray star.
Not only is one of the bigger players in, I teach at the law school previously known as Hastings, and I taught this.
Legislation.
I do antitrust as one of the topics, and I've never had so many students talk to me about it.
And I think that, you know, I think it's important for us to be able to.
You know, I think it's important for us to be able to.
You know, We, I do antitrust as one of the topics, and I've never had so many students talk because they all live in the student housing overseen by gray star.
And they talk about how 3 of the floors are empty.
And they use, they're using the algorithm for that student housing.
And they are using that student, that algorithm on our student housing here.
And so I think it will make a huge difference.
I've just great.
Would stop using it.
And our students wouldn't have to spend as much on housing as they are on their tuition.
So I think that we really need to do it right away.
I mean, in February is when our rents are highest in Berkeley, because all the students are looking for housing because of that algorithm.
And so I hope we, you know, I hope that this, the, at the state level, these bills pass, but we've had 1 of the federal level, I think on 3 years.
That was introduced as soon as the pro publica article came out.
And so I think it's going to make a huge difference.
I think it's going to make a huge difference.
I think it's going to make a huge difference.
I think it's going to make a huge difference.
But I can, I can provide the, the floor bill numbers.
And I believe that at least 2 of them have already come together.
Thank you.
Did you have other questions or comments council member? That's all.
Thank you.
Thank you.
Moving on to actually.
I think it's supposed to be council member key for some reason, yours was flashing.
It's confused.
Thank you.
Thank you so much for these changes.
They have scratched an itch that I had.
It was really, really good.
And as council member said, I teach computer science.
These words.
Mean something to me and I don't they've been used.
I'm talking about the original language and I'm sorry for whoever wrote it.
I don't mean to, you know, be too mean to you, but I just want to point out like algorithm.
I don't mean to be too mean to you, but I just want to point out like algorithm.
We think it means like, I mean, software, it means something computer.
No, an algorithm is actually, it's a series of instructions that accomplishes something.
A device is like.
A thing and data is information.
So, I mean, you.
I'm like, using an algorithm on a device when I'm cooking from a recipe and I have a digital thermometer.
I'm like, using an algorithm on a device when I'm cooking from a recipe and I have a digital thermometer.
So, I mean, the notions that this isn't really, this could capture normal behavior that any landlord would engage in, I think, was legitimate.
Concern before, but I really like these, these edits, the red ones, and then all the yellow ones even more because it really as black could be said very well, this really.
I mean, I don't want to say that the scenarios that were described by our wonderful presenters are bad.
We want to stop this from happening.
Absolutely.
And I think that with these edits, this is actually very well tailored out to actually do that.
So I'll be supporting it.
And thank you for thanks everyone for your work.
Thank you.
Council member councilmember.
Thank you.
I would like to see if the council member Luna power if it was your intent to introduce a substitute motion.
Yes, thank you so much.
Yes, I will let her make the motion.
Go ahead.
Okay, so I'm going to make a motion to introduce a substitute motion for rental 2 with these changes that are highlighted here.
And this change that's highlighted here, which is removing the naming of.
The property owners association and East Bay rental housing association, and I will send that to the clerk's office as well.
Thank you.
I just wanted to make a comment.
Oh, I'm sorry.
I didn't see.
I just wanted to make 1 comment just to say, you know, about addressing some concerns about this potentially being illegal or unconstitutional just to comment on the fact that this has happened in other states, counties, et cetera, and that we've also had our city attorney's office go over it.
So, I just want to make that comment because I think that's important.
Council member.
Yes, thank you very much, madam mayor and thank you council member Luna for this supplemental and thank you council member black could be for the amendment.
I think I feel more comfortable supporting this now with this change that we are defining this as indirect or indirect coordination with 1 or more competitors.
I share the concern that council member raised about enforcement, but I think that.
All in all on balance.
Passing this and saying that we don't support this type of price collusion is a reasonable thing to do.
So I, I'll just respectfully withdraw my.
2nd of council member Humbert's motion, and I'm prepared to support support this with the amendments.
Thank you.
Okay, then I would ask the clerk to take role unless there are any other comments.
Okay, thank you.
On the motion by council member Luna para to adopt the ordinance and supplemental number 2 with the additional changes made.
All in favor.
Aye.
On the dice council member because they're wanting.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
No.
And Mary she.
Yes.
Okay, motion carries.
Thank you for that.
That was an excellent agenda item and it reminds me of the boundaries.
So, thank you.
I really appreciate it reminds me of game night.
Anyway.
So, there was a German in memory of Polly Armstrong, the former district 8 city council member again, there was a very touching tribute from council member Humbert that was said earlier.
Thank you for clarifying.
Yes, for folks who did not speak earlier.
On the same area.
Okay.
There's no.
Zoom hands, so we can measure in the meeting if there's a motion.
Yes.
Is there a motion again? Thank you.
Seconded second.
Is there a 2nd.
Okay, to adjourn the meeting council member.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
All right.
Thank you all so much.
Thank you to staff and thank you so much to my council members.