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Segment 1

Recording in progress.
Okay.
Good evening and welcome to the Tuesday, September 24th, 2024 regular meeting of the Berkeley City Council.
And Mr.
Clerk, do we need to do the AB 2449? No, his Councilmember Tregub's conference location is noticed on the agenda.
Okay, great.
So the 1st item on our agenda is roll call.
If the city clerk can please call the roll.
Councilmember Kesarwani? Here.
Councilmember Tregub? Here.
Councilmember Kesarwani? Here.
Councilmember Taplin? Present.
Bartlett? Here.
Tregub? Councilmember Tregub? Roll call.
Present.
Hahn? Present.
Wengraf? Present.
Lunaparra? Here.
Humbert? Present.
Okay, so I'm going to go ahead and get started.
I'm going to go ahead and introduce myself.
I'm Mark Humbert.
Councilmember Tregub will be participating through videoconference and so I'm going to proceed to ceremonial matters and we're going to be presenting several proclamations tonight, and I want to 1st turn over to Councilmember Taplin, who will be presenting a proclamation regarding the Berkeley Adaptive Sports Expo.
Thank you.
Good evening, everyone.
Whereas, the Berkeley Outreach Recreation Program, BORP, was founded in 1976 by people with disabilities to address the pressing need for adaptive sports and accessible outdoor recreational opportunities in the city of Berkeley.
2016, sorry, 2026 will mark their 50th anniversary, serving as the Bay Area's main provider of high quality adaptive recreation programs run by and for the disability community.
And whereas, BORP has been a leader in the field since its inception and became internationally known for its innovative approach to adaptive recreation.
Programs have included swimming, gymnastics, camping, and other outdoor trips, kayaking, cycling, goalball, wheelchair rugby, and much more.
BORP started the nation's 1st power soccer team in 1988 and has run a various accessibility programs since 1986.
And whereas, BORP Adaptive Sports and Recreation is excited to announce its upcoming 2nd Annual Adaptive Sports Expo on October 5th, 2024 from 10am to 4pm.
The expo will be held at 3 locations, but the central hub will be James Kinney Community Center, 1728 Street, Berkeley.
And whereas, the expo is an opportunity to try out 10 plus adaptive sports and activities all in one day and free of charge.
BORP staff and coaches will offer fun and safe opportunities to learn more about and try cycling, kayaking, power soccer, wheelchair rugby, wheelchair basketball, goalball, adaptive fitness classes, pickleball, rock climbing, and more.
The expo will also feature a family friendly festival with games, food trucks, arts, and crafts, contests, and vendors showcasing a range of services available to the disability community.
Now, therefore, be it resolved that I, Jesse Adegin, Mayor of the City of Berkeley, do hereby declare October 5th, 2024 as BORP Adaptive Sports and Recreation's Expo Day in the City of Berkeley.
Thank you very much.
Is anyone from BORP here? Oh, yes.
Good to see you.
Hey, do you want to keep her out there and help mic her in? Yes, of course.
Oh, there's a building back there.
I remember talking about that.
Is this on? Hi, my name is Bonnie LeGouet.
I have been a citizen in Berkeley for over 36 years and my late husband was a city employee for 12 years.
And I would say that without BORP in town, we probably wouldn't have been here this long.
So, BORP provides essential services that can't be found in most communities throughout the country.
So, I'm thrilled that the Council is honoring BORP in this way and I look forward to continued support.
Thank you.
Thank you for joining us, Bonnie.
Thank you for your service on the Commission on Disability as well.
And we really appreciate all that BORP does to serve our community.
So, the last proclamation I will be presenting tonight is commemorating United Against Hate Week 2024.
And since 2017, we have declared United Against Hate Week in the City of Berkeley.
It actually first started in August of 2017 when the Proud Boys and neo-Nazis and other hate groups came to our city.
And the poster campaign that we launched, and I'm really proud to this day to see posters in the windows throughout the City of Berkeley still saying, Berkeley stands united against hate, gave rise to a statewide movement, which now involves the State of California through the Attorney General's Office of Civil Rights and the California vs.
Hate campaign.
And cities throughout the Bay Area and throughout the City of California are recognizing United Against Hate Week.
And so I'll read this proclamation.
Whereas the United States is a nation of immigrants whose strength comes from its diversity, the Constitution enshrines equality on all individuals, regardless of race, gender, orientation, religion, or political use.
And whereas rhetoric continues to generate a toxic environment that encourages the propagation of racist, xenophobic, anti-Semitic, Islamophobic, sexist, homophobic, and other bigoted views by emboldened hate groups and individuals.
And whereas the number of hate crimes across the United States continues to increase, with California seeing a near double increase in reported crimes between 2019 and 2023, with hate crimes against Muslim Americans and Jewish Americans especially increasing in recent months.
And whereas the City of Berkeley is dedicated to preventing and opposing hate and intolerance in our community, Berkeley started United Against Hate Week in 2017, which has expanded into a national movement.
And whereas education, compassion, and cooperation are key to unlocking, understanding, and embracing differences between people, with United Against Hate Week an important step in bridging divisions and strengthening communities.
Now, therefore, be it resolved that I, Jesse Ettinghain, the Mayor of the City of Berkeley, do hereby declare this week of September 21st to 27th, 2024 as United Against Hate Week in the City of Berkeley.
I encourage everyone to go to the United Against Hate Week website for a full listing of events here in the Bay Area.
There's a film screening actually this Thursday at the Rialto El Cerrito Cinema, a showing of a film about the 2018 Tree of Life shooting in Pittsburgh, a very moving production, and there'll be a panel discussion as well.
We encourage everyone to participate and to also continue to take a strong and equivocal stand against hate, not just this week, but every single day.
So, with that, I want to turn it over to Council Member Humbert, who would like to make some comments.
Yes, thank you, Mr.
Mayor, and this is not in the nature of a memorial, but just today, we've learned that another one of our neighbors has been seriously injured in the crossing that's now called Zachary's Corner, which is the intersection of Warring and Derby, where the young child, Zachary, was killed in 2009.
It's hard for me to believe it was 15 years ago.
I'm heartbroken about this newest, and it's a very serious injury.
As I remain heartbroken about the death of Zachary, this is a serious injury to an elder.
I want to express my deepest sympathies and wishes for this person's recovery.
I do not yet know his name or their name.
I also want to express my deep gratitude to the first responders from our city who came to the scene to provide care and assistance and transport our neighbor to the hospital.
This particular intersection is going to be redesigned and reconstructed out of a $1 million amount from our long-range development plan settlement with UC Berkeley.
Review of this reconfiguration has already started, and members of the Committee on Facilities, Infrastructure, Transportation, Environment, and Sustainability received an update on this last week.
This is an important step forward for the city of Warrington and for the city of Warrington, but this redesign and reconfiguration, reconstruction cannot happen soon enough.
It's been my top priority for expenditure of settlement funds in District 8, and I've been supported, importantly, in that priority by Mayor Arrogance, and I thank him for his support in that regard.
Thank you, Councilman Humbert, for your work in trying to improve the safety of that intersection and your broader efforts to improve street safety throughout the city of Berkeley.
So, that completes ceremonial matters, so I'll now turn the floor over to our new City Manager, Paul Bootenhagen.
This is his first meeting as our permanent City Manager, and many recall Paul, who has served for many years as the Director of the Department of Health, Housing, and Community Services, and then as Deputy City Manager, and now he's back.
And we're so grateful to be working with you in this new role and look forward to your leadership on behalf of our community.
So, Mr.
City Manager.
Thank you, Mayor Arrogant and members of the Council.
I'm delighted to be here.
I'm honored to be back in Berkeley to work with all of you towards making Berkeley even better than it already is.
I know you guys have a lot of big ideas.
I have some good ideas.
You all have some good ideas out there.
It's great to see people in the audience and in residents in the community to reconnect with folks.
I look forward to meeting others of you who I don't know.
It's been great to connect with Council members who I've known and to meet new Council members and the same for staff.
So, I'm just delighted to be here and really looking forward to getting to work with everybody and I thank you for having me back.
And I want to take this opportunity on behalf of the City Council to thank our Interim City Manager and continuing Deputy City Manager, LaTanya Bella, for the exceptional job you did these last few months in helping our city.
And we're really grateful that you stepped in to serve as our Interim City Manager and really brought commitment, professionalism, determination to your work, and really grateful for your ongoing service to our community.
So, thank you.
Okay, Mr.
City Manager, any additional comments? Nothing, nothing further, Mr.
Mayor.
Thank you.
Okay, thank you.
So, we'll now proceed to public comment on non-agenda matters.
Before I do that, this is not the first meeting of the month, but I'll ask for unanimous consent since we do have a representative of one of our employee unions we can give her the floor to address the Council.
Is there any objection to that? Okay, hearing no objection, we'll do a special public comment period for employee unions today while the clerk is drawing five in-person speakers.
And thank you.
Thank you for your consideration.
Good evening, Mayor, Council, Deputy City Manager Bella, and City Manager Copenhagen.
My name is Amanda Montes, and I serve as a Senior Management Analyst in the Office of the Director in the Department of Public Works.
I am privileged to be a resident of Berkeley and proud to also serve as Vice President of Berkeley's Public Employee Union AFSCME Local 1, representing our career professionals, our career management staff, and career engineering paraprofessional staff.
On behalf of AFSCME Local 1's board and membership, I'd like to offer a warm welcome back to our new City Manager, Paul Budenhagen.
Our hardworking members are very eager to work with you to achieve our shared goals of providing excellent service to our community and advancing our city's world-class public policy as real-world solutions for our residents, and ensuring that our city can attract and retain the talented staff that we have.
Attracting and retaining our staff that contribute to a positive, productive, and solution-driven environment is a major focus of our membership, and we look forward to working together collaboratively and respectfully.
Thank you so much for your ongoing support in our community.
Thank you so very much.
Okay, before we proceed to public comment on our agenda matters, I want to just read a brief announcement.
I want to once again welcome everyone to this meeting of the Berkeley City Council.
To allow for full participation by all members of the community, and to ensure that important city business is able to be completed, we ask that all attendees in person and participating on Zoom conduct themselves in an orderly manner and respect the rights and privileges of the participants.
Please be aware that the City Council's rules of decorum prohibit the disruption of the orderly conduct of the City Council meeting.
A summary of these rules is available in a one-page handout at the table in the rear of our boardroom.
Disruptive behavior includes, but is not limited to, shouting, making disruptive noises, creating or participating in a physical disturbance, speaking out of turn, or in violation of applicable rules, preventing or attempting to prevent others who have the floor from speaking.
Meaning, if somebody has their time, do not interrupt them, let them have their time to speak, preventing others from observing the meeting, entering into or remaining in an area of the meeting room that is not open to the public, or approaching the Council dais without consent.
We ask that you observe these rules so that all members of the public may observe and fully participate in tonight's meeting, and we thank you for being here this evening.
So with that, we'll proceed to public comment on non-agenda matters, and you will select five in-person speakers, and then we'll take five speakers on Zoom, if there are five speakers on Zoom.
Otherwise, we'll select any remaining in-person speakers.
Mr.
Clerk, please read the names of the five in-person speakers.
We have Stonell Smith, Pastor Derek Mann, Russell Bates, Andrea Hansen, and Stacey Prado.
Okay, thank you very much.
If your name was called, if you can please come forward in no particular order to begin public comment on non-agenda matters.
Yes, sir.
And pursuant to our rules, each speaker will be allotted a minute.
First of all, I'd like to say good evening to the Mayor, and good evening to all our Council members.
I'd also like to say, black lives do matter.
Black children's lives do matter.
My name is Duane, and I'm here tonight to support the Black Repertory Theater.
South Berkeley strongly.
We need the Black Repertory Theater and Council leadership in our district.
This Council has delayed addressing the financial commitment to the Black Repertory Theater, and the Council leadership in our district needs to show effort, an effective effort, leadership, care for the community.
We shouldn't even be here.
We shouldn't be here.
We should be developing programs that serve and benefit our community.
This must stop.
It must stop now.
There are more delays at the expense of our children and our families we serve.
Black lives matter.
Black children matter.
Thank you.
Thank you.
So as speakers are coming forward, if you can please state your name for the record, because I want to make sure that your card was selected.
Can I refer the last comment to the City Manager? Dr.
Derrick Mann.
Black lives matter because it still matters when it comes to funding.
The City has promised and owed the Black Repertory Theater $25,000 over the last 25 years and hasn't given it.
It's kind of interesting.
We started a program over here just as of late, Man to Man, because we have some men that really stand up and come together and facilitate a platform for young people and some of these shooters and these drug-terf folk right across the street.
There was a couple of murders and shootings over there that's currently happening in the city right now.
We have platforms that's proven that's been happening across other cities, and we would like to bring some of those programs to the Black Repertory Theater.
We can't do it without funding.
We need funding.
Recognize you got all of us working together for the love of Berkeley and for the residents of Berkeley.
How could you turn a deaf ear and a blind eye towards a program that facilitates exactly what we all want? We don't want our children dying, shooting one another, selling dope to one another.
We have facilitated programs that will address these matters.
If you'd be kind enough to keep your word, there's some money owed in arrears, but we're ready to get some money right now.
Months ago, we were here, and another Caucasian organization got, what, $150,000, and we didn't get nothing? Please, please find it in your hearts to help our young people help themselves.
Thank you.
Good evening.
I'm Andrea Henson.
I'm ceding my time to Stacey Prado.
Stacey, can you hear me? Stacey Prado? I was here last week, or last morning, and I spoke, and I actually, you know, I kind of put Peter Radu on last a little bit.
I just wanted to say that I'm in a statement after, you know, after everybody had spoken about people, you know, pinpointing him or whatever, they were saying that how compassionate and caring he is, something to that effect.
And I just wanted to say, you know, that a day or two after I left here, Peter sent Christina Murphy to my tents because I'm homeless, and to make me an offer for housing.
And you might think that that's really great and everything, and it's really caring and compassionate of him, but I'm not compassionate, and what I see as malicious is that he offered me a room in a house, a shared house, knowing I have CPTSD and I can't do shared anything, and I can't, I can't.
I would be living in a house with three elderly men.
He knows I'm a DV victim.
He also knows that I'm a rape victim.
And he wanted to put me in a house with three 70- to 80-year-old men, mentally ill, one with schizophrenia, and not allow me to have visitors either.
So I don't think that that's very caring or compassionate, and it's not the first time or the first thing that he's done to me in that matter or in that aspect.
You know, I mean, I begged him to let me take my neighbor with me, my neighbor Kyle, and he stated that I didn't say anything.
You know, he left when he wanted me to go to Oakland by myself.
He didn't take anybody else, but he wanted me to go to Oakland, in the armpit of Oakland, you know? And I'm disabled, and I can't walk hardly anymore because of being homeless and pulling a wagon behind me with my body twisted.
I'm in surgery now.
And I begged him, you know, please take Kyle with me.
You know, can Kyle go with me? Can I rely on him? Because I can't walk anymore.
I can't walk to the store.
I rely on him.
It depends on him.
Two days later, he showed up with Tony.
He didn't come and talk to me.
He came to take Kyle away from me.
He told me there was nothing in Berkeley.
He took Kyle to Berkeley and even paid him cash for his RV so that he'd go.
And then he didn't let Kyle come and tell me he was even leaving.
So I had no idea where Kyle went.
Ma'am, if you can please wrap up your comments.
You're a minute over.
You know what? I think I've said enough.
Thank you.
Okay, our last speaker card was Russell Bates.
Thank you.
I'll be seeing my time.
Andrea.
Council members.
I've been made aware by my superintendent that this is anti hate week.
And when I got that announcement, I sent back.
I said, well, does that mean we're allowed to be.
In the school district.
Is that.
Can we depend on our council to lead the anti hate charge.
His war hatred.
Is the detonation of 5,000 pagers and.
Hundreds of walkie talkies indiscriminate.
Preemptive maybe that makes you feel better.
Is that is that.
I'm asking you.
Will you stand up against hate? Will you stand up against hate or will you spare us your empty pronouncements? Because I'm standing here for many people who have given up.
On the city council.
That have given up that have realized that.
You had, you lack the courage.
Of conviction.
You lack the authenticity.
You lack the courage.
To compel you to say.
I'm against it.
We are waiting to hear that.
Because I don't know.
I don't know.
How low, how horrible this world has to get.
Before we get a.
Or something in the direction.
Of justice from you.
And.
Offer up to the state of California.
Those who are running for higher office.
And who are so morally bankrupt.
All right.
Let's.
I see we have 4 raised hands on zoom.
Are there any other attendees wanting to speak.
On non-agenda matters.
Okay.
That's the 5th person.
Okay.
Thank you.
Good evening.
Ilana hour box from district 4.
Please support the black rep.
Please support our unhoused neighbors.
Please stand up for hate.
Speak out 1 of you has anybody spoken out about the.
Anti-Palestinian anti.
Islamic hate of.
Okay.
All agree though, that authoritarianism is sweeping the world.
Our country and even our city.
Which is quite shocking.
What some of you.
Attempted to do to block a Palestine resolution being heard by the peace and justice commission a couple of weeks ago.
Was nothing short of authoritarianism, which is defined as.
The use of strong central power to maintain the political status quo.
And to impose your opinion on your peace and justice commissioner.
Knowing full well that you.
Each of you will have your opportunity to speak on this resolution.
Should it pass the peace and justice commission.
Instead, what some of you have done is try to silence and limit democracy.
We have a very influential Jewish Zionist community here in Berkeley.
And the larger Bay area that is being manipulated by a right wing agenda.
And by authoritarianism.
They are, listen to this, please.
They are out of step with the majority of what Jewish Zionists.
Who live in Israel are demanding.
Who are out in the streets.
Demanding an immediate ceasefire and return of all the hostages.
So please align yourself with the Jewish Zionists who are in Israel.
Who are asking for a ceasefire.
Please stop dividing our city with your actions, which are in fact, Reactions and stop interfering in the workings of a commission who may know something different than you do about what it is to create a world based on peace and justice.
Thank you.
Our next speaker is Laila Hamidi.
Followed by Doris Lindberg.
Laila, you should not be able to speak.
Please unmute yourself if you wish to speak.
Okay, we'll go next to Doris Lindberg.
Hi.
I am Dr.
Doris Lindberg and I am here.
Representing the black community.
I'm also standing in agreement with all the promises that Berkeley city have promised to them.
That they will give them the money and we do need it.
As for gospel church.
We were one of the biggest churches in the city of Oakland.
We're also standing in agreement with them.
We want to make sure that they receive everything that they have been promised.
It is only right.
You put the word out there.
I'm sure there's paperwork to prove it.
So we need you to do your part.
The black repertory theater has been very helpful in helping many, many people to speak successful.
And you know it.
So it's time now.
Stop playing.
Stop putting it off.
It's not just a little bitty thing.
It's a big thing.
It's all over the Bay area.
And we will come together to do more.
Whatever it is necessary.
We're willing to do it because we want the black repertory theater to be supported by the city that is in.
If that's okay with you.
Thank you.
We can shake hands and call it an agreement.
If not, do we have to move to the next level? It's your choice.
Thank you.
Thank you.
Our next speaker is Pamela S.
Followed by Dan.
Pamela S.
You should not be able to speak.
Yes.
Can you hear me? Yes.
Okay.
First of all, I would like to say that you guys.
I am so convinced that you guys are enjoying seeing people big and scoring for you guys.
The offer that you have set in your mind for the black rep.
I disagree with that.
I know about the a hundred dollars per month.
If you're trying to charge them, you all should be ashamed of yourselves.

Segment 2

Last time I was at work during the meeting, I put my tech recorder up to the phone because I could not be at the meeting.
I had to work.
I heard everything that you all said, and you all should be ashamed of yourselves.
That's all I have to say.
Okay, our last speaker on non-agenda matters is Dan.
And that that's the last speaker.
Dan, are you there? Yes.
Weird that Berkeley is only united against hate.
If you don't happen to be a Palestinian, still have not heard any word on the hate crimes against Jaffa Coffee House or the clinic.
Um, additionally, I think it's kind of absurd that the mayoral office keeps a PR firm on on retainer or whatever, paying like 11,000 something to for a PR firm just for the mayor's office when Oakland and other surrounding cities do not do this and the city government has staff for communication.
So maybe you should give the money to the black rep instead.
That's all.
Okay, that completes public comment on non-agenda matters.
I'd like to ask our city manager if he can provide the council on the community and update about our discussions with the black rep.
We met in closed session several weeks ago.
I know that work is ongoing on this.
So I want to turn over our city manager.
Yes, thank you.
Mr.
Mayor.
The council did meet in closed session also last week to discuss this matter and gave staff direction.
So staff will definitely be in touch with members of the black rep this week.
Um, if that doesn't happen and it will.
Folks can please email me the city manager, the city manager's office and I'll make sure that we get in touch as well.
But staff has had direction from the council.
They are committed to getting a term sheet in order and starting discussions with members of the black rep this week.
So that's going to happen.
Virtual, so I just really want to thank everyone who's come out to our meetings over the past several months and who have talked about how important the black rep is not just to you and your family, but to the broader Berkeley East Bay community.
I think it's really been moving how how important and meaningful this organization is to our community and we're very committed to working to ensure the long term.
Future of the black rep at their current location in the city of Berkeley.
So we will be in touch, but I want to thank everyone for coming tonight.
Thank and thank everyone who's been coming to our meetings to express support for the black rep and.
Councilor Barlow yes, and absolutely as we said before, the commitment has not was not not wavered.
It is still strong and there were some vacations going on.
I believe last couple of weeks, some key people, but the initial offer has been presented.
And so it's in motion, so look forward to landing it and solidifying this for all time.
Okay, thank you.
Okay, that completes public comment on nonagenda as we'll have another public comment here to the conclusion of our agenda tonight.
So we'll now proceed to the consent calendar.
And on the consent calendar.
I just want to note that there's a revised version of item 10 from Councilor Humbert, Kaplan and Waincraft that was in our supplemental packet.
So we'll be approving that revised version on the consent calendar and just to just address item 8, because I know we'll probably have some speakers on that.
Which is the amendment of the existing contract.
3, 2, 0, 0, 0, 1, 9, 6, with Saban associates for communications consulting services to just explain why this is before us again.
So.
In late June, the city council approved an amendment to the contract to increase the contract amount.
This is a contract that was initially entered into in 2020 and we've been adding to that contract.
So we're not.
The city's not spending $347,000 this fiscal year.
That's the total contract amount reflecting the additions of money on an annual basis to that contract.
The reason this is back before us is.
So in the process of implementing Council's direction.
To to implement this this contract amendment.
It was discovered that the totality of the contract since this exception 2020 hadn't been properly calculated resulting in a gap.
The total contract amount to reflect the authorization the council had intended to provide.
So we can spend the money.
The mayor's mayor's office already program for this contract and just to address what people said that no other cities do this.
There are many cities major cities in the state of California that you rely consulting services to assist the mayor or the city manager or other departments and communications to constituents and as the resolution notes.
As the mayor I am one of the city's chief spokespeople.
It's my responsibility to provide consistent information to residents and businesses on the operations and policies of the city.
We have benefited from the services of this of this firm for a number of years now they've done an exceptional job and they not only assist me, but they assist any of the city manager or other people other council members that need assistance in communication.
So, whoever becomes next mayor, they could decide to if they want to bring somebody in house if that is more cost effective to do that or to avail themselves of.
The services, but given that we're only talking about 2 and a half month, 2 months.
And this is really a technical fix to the total authorized contract amount to make sure that we can fully spend the money that has already been allocated in my budget office budget.
I am asking that we make this very technical fix to reflect the action that we took in June.
That's the reason this is before us.
So we're not appropriating any additional money.
This is really a technical change and those are my comments on the consent calendar.
Anyone else.
I don't see anyone else in the queue council member Humber.
Council member Humbert.
So, why.
Should I go ahead? Mr.
Mayor? Thank you very much.
Mr.
Mayor.
I wanted to.
Offer an amendment to item number 7.
This is a civic arts commission fund request.
It doesn't call itself a budget referral.
And so I, if everyone is amenable, I think this makes most sense to be considered with all other budget referrals.
So I just want to amend it to just say it's a budget referral for the city council to allocate 125,000.
So, I think it's a budget referral for the city council to allocate 125,000 to the city council.
Yeah, I think that's appropriate.
We've already approved the.
The budget for the next 2 years, so this would have to be considered next as part of the June June 2025 budget process.
So, is there any objection to amend to it's part of the action on item 7 to make this a budget referral.
Okay, I think that was the intent.
Okay, can I just ask some prompting questions on the commission? This is part of our process design.
This is also a budget referral to.
Considering an independent consultant to look at our, our health food inspection program.
There is a supplemental here.
2 acknowledge my 3 co sponsors I want to thank council members Humbert and when graph for joining.
I'm going to go ahead and move on to item number 7.
And I'd like to be marked no on the item I know our housing feasibility report is still in progress, but based on the preliminary modeling that was done, we know that virtually none of the items that we're looking at are in compliance with the housing feasibility report.
So, I'm going to go ahead and move on to item number 7, and I'd like to be marked no on the item I know our housing feasibility report is still in progress.
Based on the preliminary modeling that was done, we know that virtually none of our housing types with the possible exception of group living accommodations are currently feasible economically in this context.
I don't think we should be taking steps, especially spending city funds to explore additional fees to layer on top of the feeds.
We already have.
I think art is important.
Art and Berkeley is important and I want us to support the arts, but I don't think further burdening new housing and therefore the younger generation in need of housing is the way to do it.
I'm with Kamala Harris.
I think we need to be finding ways to make it easier and less expensive to build housing.
And this has the potential to do the opposite.
Thank you.
That's all I have.
Okay, well, no, you're you're no vote.
Thank you councilmember little part of the Council on.
Thank you.
I will again be voting no on item 3 over the just the past 2 weeks since we passed this on house community members in neighborhood jurisdictions have faced extreme police violence, displacement and arrest.
I'm really disappointed that as a community, we claim that this is the last resort and we have neglected to take what should be the 1st step consulting on house neighbors.
Thank you.
Okay, thank you.
We'll know you're you're no vote in record on that item.
Councilman Han and then the council members on zoom.
Would you like to speak on the consent calendar? Okay, Councilman Han.
Yes, I just had a quick question for council member.
My apologies, I had a quick question on.
On the question of the restaurant inspections.
Do we know if Alameda County even would in any universe take this on.
So, it is a possibility that the independent consultant could investigate.
It's possible that they would.
I having not spoken to Alameda County, but spoken to our director, it is a possibility that they may consider taking it on.
And on a contractual basis for some sort of payment.
So that's why we need to explore it further.
And the purpose of the item is to investigate not just the Alameda County option, but also other alternative models that may exist.
Okay.
I just want to make sure we weren't investigating something that.
Alameda County would, even if we wanted to do, it wouldn't be amenable to.
So we'll also reach out to Alameda County as part of that study.
And and I think it's a threshold question, whether they would consider it at all.
So, council member Han, the way that this would work, if it were to be funded is there would be an RFP.
So, within the RFP, we could specify what we want the consultant to look at, but also do preliminary investigation of the feasibility before we even put something out.
And we can certainly look into it further before we have to make a budget decision about this.
Okay, great.
I just want to make sure we don't.
Go down a road, which, by the way, I'm interested in it as well.
But if there, if it's a hard no from them, then we probably shouldn't spend the money, but I'm more than happy to move it forward for for now.
Thank you any other council members who like to speak on the consent calendar.
Please press your button or raise your hand on zoom.
Okay, on item 7, I support that item.
I've read it.
I think the commission raises a number of reasons why we do need to look at amending our percent for the art policy.
The issues that the timing of this request coming to us, we approved the tier budget on June 25th.
This could potentially be considered for the major budget adjustment.
If if money's available, we don't know what, how much excess equity is available and what are the totality of the city's needs.
So, I think we should consider that then, or we can, or, or in June as well.
So, by sending this, make it as a budget referral, it will be include on the list of budget referrals to be considered and I agree, I think we should initiate this process and take a look at the policy.
So, I appreciate the commission bringing this to us.
Are there any other comments? Okay.
Mr.
city manager, any comments on the consent calendar.
Just briefly, I can just say, I did alert the Alameda County health care services director of this item.
I've known her for a long time and just gave her a heads up that it was on the agenda.
I haven't talked to her about it, but I will.
Okay, so let me summarize the changes to the consent calendar.
The consent calendar is as published.
And there's no, for the record that there are revised versions of item.
9 and item 10 that were included in the supplemental packet.
So, we'll take public comment on the consent calendar.
We'll go 1st to members of the public here in person.
If you'd like to speak on the consent count, please line up on this side of the room.
Okay, so we'll go to public comment on the consent calendar.
There's no, for the record that there are revised versions of item.
9 and item 10 that were included in the supplemental packet.
So, we'll take public comment on the consent calendar.
We'll go 1st to members of the public here in person.
If you'd like to speak on the consent count, please line up on.
This side of the room.
Excuse me, good evening, mayor and council and city manager, city attorney and deputy city manager.
I wanted to briefly speak to the wildfire hardening and seismic upgrades.
Thank you.
Council members who are proposing that.
And it's urgently important at this time as a member of the search neighborhood that I'm part of, I know that we have wildfires and earthquakes that can happen at any time and we are not ready for it.
So we should.
And emphasize that need on number 7.
we're actually going to go back to the encampment number 3.
I agree with council member that we need to look to the community for the solutions.
Those with lived experience, but also specialized care unit to expand their services.
I have a neighbor who said that the homeless are overtaking the neighborhood.
Well, as we sweep camps, people go into sideways in different places into different neighborhoods, but they're not receiving the services that they could receive.
Instead, they're being kicked to a different curb.
So, please, please, please.
Make some adjustments to that.
Finally, on the civic arts fund, we have no theaters downtown and I would agree with the mayor that we do need the civic arts.
That's a requirement actually under state law to council member Humbert, who's an attorney knows that we need that mitigation to be complied with.
Thank you.
Thank you.
Good evening.
Everyone I'm Lisa from the civic rights commission and I'd just like to save my time to come in.
Good evening.
My name is Kimano and I have been a civic arts commissioner for 11 years.
I take this opportunity in the sunset of my service, which will end in 2024 1st to thank you for your leadership in our beloved city.
We are all the better for it.
Thank you.
And it has been 1 of my life's deep pleasures to stand with you and my constituents to continue to build out the cultural infrastructure for civil society in the city of Berkeley.
I beg to differ with Councilman Humbert.
Mr.
Humbert, this initiative around the nexus study does not defer or deter development.
Development has never been deterred by our private percent for the art.
Never.
It continues to roll through so your perception that this is an obstacle is incorrect.
You can look at the record.
Please just study the record and see the number of projects and what has happened.
I speak to you tonight to acknowledge the nexus study for civic arts and to affirm your support for the critical study to shore up a private percent for art.
It has allowed the most cultural contributions that the city has ever known on March 12th of this year, a downtown project was able to waive in concession as confirmed by staff 89,000,805 and $56 and now it was the largest concession to date, or perhaps ever and we, as cultural bearers, producers and creatives begin to think about what would have been possible had the developer paid the intent to do so.
The developer paid into the ordinance, like construction on site, or the lesser in lieu in which we could have preserved the ferry dock project, or the civic center cultural center that doesn't seem to have any economic path forward.
Could we create a situation where artists affordable housing could benefit here if we are successful in designating a cultural district in the state and to date, no district in the state is registered in Berkeley.
Then we could achieve the 10% from Senate bill, a 12 of artists, affordable housing.
We cannot wait for artists housing.
Like we did for the past decade, which was in our plan for 10 years, the downtown project and waiver, which also led to millions of dollars of missed opportunities by other developers.
So, as soon as that 1 developer was able to waive that, so to all fell suit, this will cut the heart out of our funding and our best and brightest artists get displaced like Mildred Howard, the fantasy building filmmakers.
We have to be into our minds about what can we do? The nexus study is critical.
Our funding funding stream will end.
Thank you.
Thank you next speaker.
Please.
Good evening council and the mayor.
My name is Cameron and I come to you as a 30 year Berkeley resident and homeowner.
I want to thank the city council for its long time support of the arts and fostering a climate of creativity in this community.
Thank you very much with that in mind.
I know that you've pointed you've moved this item 7, the next funding to be a.
Budget referral matter that will happen in June.
I understand the logic behind that and it just a big question mark whether the funding will be there or whether you guys will decide whether it's worth.
Meeting the state requirement for next study, but I think it's very important to do this.
And I'd like to speak to why.
Developers should be contributing in some manner.
To the cultural life of Berkeley, because they use it to market their.
Buildings, and so why not have them pay for at least a portion of it? They should contribute in some way.
To the vibrancy of the city that they are building in.
Thank you very much.
Thank you also, I'm addressing.
Item 3, and the 2nd, reading of the anti homeless rule that you've created.
In 1857, the US Supreme Court.
Deliver the Dred Scott decision that Dred Scott decision said that no black person had any rights that a white person was bound to respect.
Now, a couple of years ago, you saw the statues of chief justice Roger teeny being pulled from his pedestal crumbling into the dust.
Hopefully of history.
Similarly, the grants past decision.
Has created.
A precedent to somehow say that a class of human beings does not have.
A right a legal right to exist safely.
That without the ability to be on private property without any rights on the city streets to exist.
That they cannot be told where they can go that you erase them from our community who essentially strive to erase them and that the import, the magnitude, the impact of that decision.
Can be opposed by righteous people.
You have the opportunity to stand on the right side of history.
You will be judged for your complicity in implementing.
That very wrong decision, and I, I don't want to see.
Your statue come crumbling down.
Also, every once in a while, I say, I don't need running a mock and I saw.
While cop watching in Oakland last week.
At 23rd ground Avenue.
Just off ironically Martin Luther King, Jr.
Boulevard.
I watched mainly people of color.
Being uprooted from their tents.
Their wives disrupted the property taken away being looked down by passes by and people who are housed in the area.
And the tragedy of that is when I hear.
Their community, which it is referred to as an encampment is a colonizer term.
It's the status quo term.
They have communities.
They are part of the community as we all are part of a larger community and to remember it's a community.
It's not about this.
But now, thank you.
Good evening.
My name's Tom parish, Berkeley resident managing director of Berkeley repertory theater, whose offices and production facilities are located adjacent to the Harrison street encampments.
And I'm here to again, voice my support for item 3, the encampment policy resolution we desperately need to address the hazardous encampments that the fire risk and eminent health hazard.
We have deep compassion for our neighbors that are living on our sidewalk next to our building, but their long presence has created both safety and security concerns for our staff employees artists as well as.
Infringed on the legal rights of other residents and businesses in the area.
So please support.
Item 3, thank you.
Good morning.
What we have here is a failure to communicate essential information required to arrive at a sound conclusion.
This failure is exacerbated by the opportunists among selected officials and employees of the city and state miscommunicating to accomplish a variety of misdeeds, which result in the violation of constitutionally protected rights.
That part's how important theft of tax money through embezzlement of funds.
Designated to help the homeless city and state programs, which egregiously violate individual rights.
In an effort to end the homeless problem, and the failure of military veterans to fulfill their constitutional obligations to protect and defend.
Created a business of conflict, leaving our nation on the precipice of atrocity and civil war.
And as goes Berkeley, so goes the country really should think about that.
The truth is that there is no homeless problem, but a gross mismanagement of abundant resources.
By those entrusted to the task.
Thank you.
Hello, members of the council say, hello, you spirit artworks.
I come before you as a minister who's been doing this work for 10 years and.
I lived on campus at 633 Hagenberger, which is the nation's 1st, tiny house intervention for unhoused youth.
And I've been really humbled by how much I've learned about trauma and what it takes to actually accompany people who suffered so much trauma.
And I'm continuing to learn about what our efforts are in terms of crisis crisis support services.
741741 I'm amazed that we have text messaging services for people that are in crisis.
And most people don't know that exists.
I didn't know that exists.
So I wonder what can we continue to do to build on the work and the progress that we've made thus far to continue? Especially expanding public education as regards digital literacy, because transitional age youth that we serve would.
Be assisted in their quest for housing, if more digital services and those kinds of interventions were made available 741741.
it's really easy to remember.
Thank you all.
Thank you.
Would like to speak next.
Hi, my name is Andrea Henson and I'm the executive director of where do we go? And this is my nephew Huey Newton.
I just wanted to introduce Aaron Spencer who just spoke.
Who is a resident and Harrison and is the Aaron Spencer that was mentioned.
In the Johnson V grants past case.
He is that service disabled veteran who wasn't getting services that justice Sotomayor talked about and he is a resident of the Harrison street encampment.
And he is a resident of the Harrison street encampment and he is a resident of the Harrison street encampment.
I also wanted to introduce Miss Rwanda who, when she looks out, her tent is the direct neighbor of the Burkle repertory theater.
There are a lot of problems, but there are a lot of real people who live there who don't cause those problems and need services and who came out here.
Walking just so you could see their face.
Thank you.
Hi, can you hear me.
My name is Gordon Gilmore.
I'm with the Berkeley outreach coalition in the Berkeley homeless union and I'm up here to speak about item number 3 on the consent calendar.
With nowhere to go when their homes are discarding folks who are forced to exist in public space by the draconian private property system of the Bay area, effectively become criminalized for doing so by the language of the encampment policy resolution while an amendment may have been made to take out explicit language of citation and arrest.
The resolution continues to state that it will refer to state and federal law.
Thank you to Andre Henson for pointing this out to me.
With the SCOTUS ruling on the federal level, which negated the recognition of 8th amendment rights violations in regard to disposing of someone's shelter 1 in the Martin B.
Boise, 2018 ruling and nuisance executive order on the state level, which leverages this disregard to constitutional rights violations to empower agents at the state to take reasonable by whose reason policy driven actions to resolve encampments in an effort to end homelessness.
They're retaining the meaning of citation and arrest implicitly Berkeley should stand by its progressive history and provide the care that on house and advocates that the on house navigates have been asking for such as accessibility and mental health outreach when connecting folks with services.

Segment 3

Instead of capitulating to enforcement.
Thank you.
Thank you very much.
We would like to speak next.
It's me again.
I'm sorry.
I don't know where I'm going to go.
I don't know where I'm going to go.
I don't know what I'm going to do.
And I'm afraid every single minute of every single day since that last meeting, when you give Peter, I do the power.
I've been living in a constant.
Constant hyper vigilant state, I got a bad heart.
I already had 2 heart attacks in his strokes.
I'm going to die because of this and now I'm going to certainly die and I'm probably going to be arrested too.
It's not fair.
I didn't do anything wrong and I don't deserve to die.
I don't deserve to be arrested.
I didn't break any laws.
Hello, I'm going to try again.
Stacey's my friend.
All humans, we all have needs if we don't pay attention to what people need and how to prevent the harm that they are literally suffering from.
And if we don't come up with positive solutions, in terms of supportive care, we're just basically shuffling the chairs around on the deck of the Titanic.
There aren't going to be winners here.
It depends upon losers and the fact that so many people are dispensable are dispensable when everyone has a treasure.
Everyone is a gift and it's heartbreaking to have been on all sides of this caring for everyone and then in the same space of needing care and seeing that we do not have the structures in place.
We could be saving so much money if then did the harm if we actually looked to see what causes it and then actually care enough to provide the solutions rather than just pushing this can not only down the road, but also I'm really sad and very concerned.
So, thank you very much.
So, thank you very much.
Any other in person speakers.
Okay, I'm speaking on behalf of the Berkeley homeless union.
So I'm here just to let you guys know that we have not heard a response from you guys about our cease and desist letter to not pass this policy.
So, I'm just hoping that you guys can reconsider this policy and actually work with the people because that's what we're asking.
We're asking for a better humane way to go forward.
And this is not what's happening right now.
Because basically, in July, when the Supreme Court overturned the protections of people nationwide, allowing them to be penalized for sleeping in public, even when there's no safer alternatives.
This decision has been devastating for people, you know, as local policies are now being reshaped to erase the visibility of unhoused people all together.
This is a deliberate and systematic marginalization of vulnerable people based on misinformation and misconceptions about these people, an act that can be viewed as a silent form of social cleansing.
Looking ahead, the next 250 years, you know, I hope that we can actually expand the definitions of life, liberty, and the pursuit of happiness to include the fundamental human rights, such as access to safe housing and economic security without these, we're denying people the opportunity to realize their whole human potential and pursue their dreams.
Thank you.
Thank you very much.
Are there any other speakers in person? If not, we'll go to the speakers who've raised their hands on zoom.
And our 1st speaker on zoom is Ilana followed by Lisa.
Followed by Kelly.
Hello again, Ilana district for please follow the compassionate and courageous leadership of council member Luna para and vote no on item 3 and there are solutions there are solutions that have been done around the country that take into account the business owners and our unhoused community those who are most vulnerable.
So, please do that and thank you mayor for your comments.
So, there are no neighboring cities, and I called and identified Richmond, Emeryville, even Oakland, they do not pay a PR firm for their mayor.
And you have 6 people on your staff as listed in on the city's website.
In 2022, the staff was paid $365,000.
So, I filed the public records act request to find out what exactly is able and associates, they want associates their PR firm.
They are spin doctors.
And so we know that the emails and texts reveal that they have secured many opportunities for you, Mr.
mayor to be interviewed by the media locally and nationally.
And they also send out a weekly email to your communications person.
You have a communications person on staff with suggested tweets and and also they were involved in a Berkeley side op ed.
Let me, I just finished this 1 sentence.
Yes, you're that was published in January.
So they potentially wrote it that that I'm quoting here a small group of individuals have resorted to an intense campaign of harassment and abuse.
To the point where they bullied and elected official out of office, leading to the resignation of former council member, Rigel Robinson.
And what what we know actually from a vetted source is that that you mayor and council member Han were bullying him because of his work on a Gaza ceasefire resolution.
Thank you.
First of all, your time is up.
Secondly, that's absolutely not.
That's absolutely not true.
Well, I think if people miss Pritchett, you're out of order, please stop interrupting the meeting.
You are out of order if we, if you continue to disrupt the meeting, we will have to take a break.
So, if you continue to interrupt the meeting, we will have to take a break.
Miss Pritchett you spoke please sit down.
Let's go to the next speaker Lisa and I'll just say that when people lie, say this information is important to correct the record.
And that was a complete lie.
Lisa.
Council members, I want to speak on item three and I just want to reiterate that better solutions can be made if we can all sit down at the table and talk to each other.
And I'm not sure how we can make this happen, but I would dearly love to have a real conversation about what else we can do.
Let's bring good minds together.
I urge you to vote no on item three.
Thank you.
Our next speaker is Kelly Hammergren followed by Claudia Kwasinska followed by former council member Gordon Wasnier.
Thank you and thank you council member Lunapara for not supporting items three.
I was very moved by the testimony at the last meeting and I feel grateful that the people in my family who have mental illness have support systems and they're not on the street, but that's not the situation for everyone.
I see that you wear a kapia to our council meetings and I wish to thank you for that and I wish it was accompanied by a ceasefire resolution.
The deaths that I hear counted every day are heartbreaking.
It makes me cry and I would ask that we all take action to call for a ceasefire.
And then on item seven, supporting the arts makes Berkeley a richer city and I wish we were consistent in supporting the black repertory theater in the same way that we are supporting our other theaters.
And it just it doesn't feel right the white dominated theaters are getting the money and the black repertory theater isn't.
So those are my comments.
I don't see a clock so I don't know whether I'm out of time or not.
Thank you very much.
Claudia Kwasinska followed by former council member Gordon Wasiak followed by Martin Nicholas.
I speak to support item 10 on the consent calendar to clarify what measure why the parks tax increase will be funding.
The PRW commission, which I chair, recommended this modest increase and we want to thank you for including this on the November ballot.
But we have heard from some in the community with concerns about just what the four and a half cent increase would be used for.
So it was thought that adding more of a call out for the items such as the waterfront parks, including the city's largest Cesar Chavez, essential park and landscape related capital projects would help to clarify it.
In no way does it expand or supplement the ballot language.
It is important that this be voted on tonight.
And for all the attendees, I urge you to go to berkeleyparksyesonwhy.com to learn more and please vote yes on why.
Thank you for your attention.
Thank you.
Okay we'll go next to former council member Wasiak followed by Martin Nicholas followed by where do we go? Thank you mayor and council for allowing me to speak.
I'd like to speak in favor of item number 10, the resolution clarifying the intent of measure why.
Though I thought the intent was quite clear, it was also when we talked to a number of people who were supportive of increasing the parks tax, we had some concerns about some things were not as specific as they would like.
And though we explained that there was lots of council discussion of where the funds would be spent, there was a spreadsheet showing that the waterfront Cesar Chavez park and waterfront parks were included.
We were also emphasizing the urban forest and also increasing the funds for capital projects which is often used also for leveraging local taxpayers money to get grant funds.
So I thank you for putting this clarification on.
I would also like to stress it doesn't really change anything legally that the city you know was written the measure was is basically the existing parks tax is the basic measure and this is you know the measure why is to increase the rate.
But the discussion I think informs of the council and what the council thinks you know this is going to actually do is important for the public to know.
So I support item 10.
Thank you.
Thank you.
Okay we'll go next to Martin Nicholas followed by where do we go followed by CEC.
All right this is Martin Nicholas.
I'm the CEO of the Chavez Park Conservancy.
I'm speaking also on item 10.
There's a mention in there about capital projects for Cesar Chavez Park.
We've recently had an encounter with this issue that I'd like to raise.
The Chavez Park Conservancy asked for permission to build a temporary fence, seasonal fence to protect the burrowing owls in the northeast corner of Chavez Park.
We were going to provide the materials and do the labor ourselves but Mr.
Bruce Pratt the park superintendent on behalf of the city of Oakland basically said as far as the owls are concerned they can drop dead.
They gave us he gave us no permission to build the fence and said if we built the fence they would tear it down and possibly prosecute us for vandalism.
You know burrowing owls are beautiful charismatic and vulnerable birds that deserve protection from everybody.
I would ask the council members to please use your influence to persuade Mr.
Pratt to relent.
I personally will not vote for any parks tax so long as the parks administration won't protect the owls.
I will not vote for any candidate who turns their back on the owls.
I hope the message is clear.
Thank you very much.
Okay thank you.
Okay um where do we go is our next speaker followed by Cece followed by Dan.
Thank you Mr.
Mayor.
Can you hear me? Yes.
Thank you.
My name is Ian Cordova Morales.
I am president and advocate with Where Do We Go formerly Where Do We Go Berkeley.
I wanted to speak on item three and just kind of address a larger problem that has not really been addressed as as we've been hearing people come speak about item three which is I'm having some concerns about how Berkeley is measuring its success and its methods in navigating its unhoused population into services and into housing.
I've been reviewing contracts between Berkeley and its contractors such as BACS and ABODE and you know I really only had to be doing it for a few minutes to find just all kinds of issues one of which being council approved 13 million dollars to BACS to run their housing resource center.
13 million dollars it's a fully staffed place.
I work as a housing navigator for homeless action center as well so I work alongside Peter Radu and these contractors.
When I take my clients to the HRC it's only open Monday, Wednesday, and Friday 9 a.m to noon for 13 million dollars fully staffed.
I'd also like to address that the flyer which directs people to the HRC has the wrong address on it.
It says it's at 2908 Telegraph Avenue in Berkeley.
This is a flyer that you give to unhoused people and you're telling them to go to an address where they won't receive services.
They don't have cell phones to look this up.
This is just one of a huge number of issues regarding discretions and oversight issues.
I'm just wondering where city council is doing their oversight.
If you guys are just getting word from the city manager's office and Peter Radu you probably aren't getting the full story on what's happening out in the streets.
So I really urge you to I would be happy to have some meetings with you guys to talk about the things that I've been seeing especially issues with rogue contractors such as Bax and Abode who have been taking advantage of the contracts that Berkeley is assigned and taking advantage of tax dollars without any oversight.
Thank you.
Thank you.
Thank you.
Our next speaker is CeCe followed by Dan.
CeCe you should now be able to speak.
Please unmute.
Can you hear me? Yes.
I'm asking you to oppose the encampment policy resolution criminalizing homelessness will not make it go away.
The resolution is not helping our community in any way.
If you just look at these meetings and I watch all the city council meetings when you see the juxtaposition of the people speaking in favor and against this resolution the amount of privilege is disturbing coming off of these people and the way that they're speaking in these meetings saying that they have compassion and then turning around and having none how could you hear some of these stories and vote for this? It makes me think you guys have no heart at all and now that we know that you guys are corrupt and mismanaging money I would ask you to please we are a reflection of how we treat our most vulnerable do the right thing and impose this resolution.
Okay our last speaker is Dan.
So instead of paying a bunch of cops over time and I know how much they make I've seen some of those invoices for cop over time.
Instead of doing that you could actually spend money on actually solving the issue by housing people instead of just pushing people from here to there instead of just pushing people from here to there you know all around Berkeley and all around the East Bay vote no on three.
Okay thank you I don't see any additional raised hands so we'll close public comment on the consent calendar.
I want to bring it back and on item seven the recommendation from the civic arts commission council member Kisarwani is it okay if we amend the budget referral to be a referral to the November and June budget process so it's on the list of things for November to be considered and if we're not able to fund it in November it will go to June.
Yes I'm in full support of that thank you.
Okay thank you any objection to that colleagues? Okay hearing an objection we'll approve that item on consent with that amendment thank you.
And those are all my comments I move the consent calendar is amended.
Second.
Okay colleagues any additional comments if not if the city clerk can please call the roll.
Council member Kisarwani.
Yes.
Kaplan.
Yes.
Bartlett.
Yes.
Traigub.
Aye.
Khan.
Yes.
Weingraf.
Yes.
Munapara.
Yes.
Humbert.
Yes.
And Mayor Harrigan.
Yes.
Okay motion carries.
Okay so the only item now on our action calendar is item 11 the amendments the city council rules of procedure and order and this is being submitted by the city clerk but it also reflects the recommendations of the agenda and rules policy committee and Mr.
clerk are you going to be making a presentation on this? Yes but I'll just say that we also have a supplemental that was filed by Councilor Kisarwani with some recommendations on additional changes and a lot of work has gone into this over the last year and there may be other comments Councilors have tonight and so I guess my suggestion kind of at the outset of the discussion of this item is that we not take action tonight but that we can refer all the comments and recommendations to staff and to the agenda rules committee.
There is no urgency frankly to passing this all tonight and moreover the council is going to change in just two months so but I do think I do expect there'll be some additional input that many councilors may provide on this and so my recommendation and I think Councilor Kisarwani's recommendations are very thoughtful and so my recommendation just at the outset was let's have a discussion tonight because the only way we can do it under the Brown Act is here in a public forum provide input send it to staff send it to the agenda and rules committee for us to discuss and then it will come back.
But that's my recommendation but I do want to turn over to the City Clerk at this time.
Okay well I guess we'll proceed with our presentation.
I'll bring that up.
Okay.
Okay well the item before you good evening everybody I'm Mark Newmanville I'm the City Clerk for the City of Berkeley.
Item 11 is amendments to the City Council rules of procedure and order.
For this update to the rules of procedure there are sort of three main areas that the amendments come from.
The first is a series of planned technical revisions that we were originally planned to be adopted in the fall of 2023.
The second set of amendments is in response to direction from the City Council on May 7th 2024 and the third group of amendments are recommendations from the agenda and rules committee related to the legislative process.
The planned technical revisions for this amendment the one of the main ones is to eliminate appendix c which was a set of emergency procedures that were adopted during the pandemic and incorporate the useful amendments in there into the body of the rules of procedure.
Despite having been meeting in a hybrid format for over two years the rules procedure do not make any reference to hybrid meeting format or any of the new procedures that we have for public comment for example.
Also we need to update the rules procedure to align the rules for the City Council with the Brown Act and city commissions with regards to ad hoc subcommittees.
Since the last update there have been revisions to the city charter.
We have two new charter officers and the rules need to be updated to incorporate those two new charter officer positions into the rules of procedure with regards to the legislative process.
There's some clarification of public comment rules in chapter 4 and then we have to make some updates to the city naming policy in appendix a because some of the commissions that are listed in that naming policy have been reorganized.
Second set of amendments is what the council directed on May 7th 2024.
There were a set of proposed changes from the open government commission that were reviewed by the agenda rules committee and then the council adopted a recommendation to include some of those recommendations in the rules procedure.
Some of those include that the chair can reorder the agenda without the consent of the full council that remembers if three members register an abstention or a no vote on a consent item it would move to the action calendar.
A time limit for initial council comments on action items and sort of a duplicate of the from the previous group to specify that we are actually meeting in a hybrid format for city council meetings if feasible.
The recommendations from the agenda rules committee include a new definition of a major item, a major legislative item submitted by the mayor or a council member and then recommended guidelines that used to be in an appendix to the rules would now be mandatory for those major items.
And of course with that new definition there are some new authority and options for the agenda and rules committee with regards to how major items are handled.
And we also clarify the process for an author to remove an item from the legislative process and then we allow for major items that also have budget implications for those to be referred to a policy committee for consideration and review but then also to have the associated budget impacts from that major item be sent to the budget and finance committee.
And we add a new process for how we will handle items from formal council members or a former mayor when they leave office.
And lastly there was a recent rules change about a public comment period before the action calendar where people could comment on action items.
This amendment sort of revises that amendment to say yes we can do a general action calendar public comment period if the presiding officer determines that that's best for the conduct of the meeting on a given night.
So the requested action of course is to approve the rules as proposed.
If further discussion is required council could adopt some of the non-controversial more technical proposed amendments and continue discussion on other amendments or take any other action that is the will of the council.
And that concludes my presentation.
Thank you very much Mr.
Clerk.
Councillor Kisilwane I want to give you an opportunity if you want to introduce some of the concepts that you propose in your item.
Yes thank you very much Mr.
Mayor.
Let me just pull it up here.
And I do want to acknowledge all of the work of the agenda and rules committee and just say you know I respect your work and I want to offer these as friendly suggestions.
Okay I'm almost there.
Okay so for those who want to follow along I'm just referring to the supplemental two packet and I'll just walk through these very quickly.
Okay so for the first issue so there was a new rule added that if three council members either vote no or abstain on an item on consent that it would move to action.
This rule seemed to be duplicative of another rule that enables three council members to affirmatively say they want to pull something to action.
The concern here is that if this happens automatically we may be forcing a debate when there may not be sort of a desire to engage in debate and and simply a desire to record a no vote.
So we were suggesting to remove that in light of the other rule about actually affirmatively pulling things to action.
The second item is just adding the Berkeley Unified School District spring recess to consideration of holidays.
Third we wanted to provide some objective criteria for the major item and so we we put some numeric detail in terms of if it one required an implementation timeline that would take six months or longer as determined in consultation with the city manager or if the item had a budgetary impact that exceeds $200,000 or if the item was having.

Segment 4

Thank you.
Okay.
So we are not seeing a significant programmatic impact.
Or required adjustment.
To accommodate the new initiative.
So it's already stated there.
So we thought it would be helpful to just give some.
Numeric guidance of what that means to be a major item.
Okay, so moving on.
So, I mean, I think.
It didn't seem necessary to talk about the awards of contracts.
Because, you know, my understanding is this is the council rules of procedure.
So, so we just took that out for the.
The reports that are not major items and then for the major items.
Those reports, I think.
I think there was a whole new section on that.
And to.
To say that you may include stakeholder input and review of existing plans, programs, policies, and laws.
I think there was a whole new section on that.
So we're saying that that can be included in the background.
We did not think it was necessary to get into the consultation outreach overview and results.
And then the rationale.
For the explanation, we just had some general tweaks there.
And we took out the section on implementation administration and enforcement because.
You know, that, that typically.
You know, that should be.
Of course that should be thought about, you know, you know, my expectation is people are engaging with staff.
To have an understanding of that before they're bringing forward a major item, but to require.
That to be fully spelled out.
Seemed like a lot.
And then we wanted to keep the environmental sustainability and fiscal impacts.
As they are.
So, so overall, just wanting to.
You know, make sure that that is there.
And then.
Or.
I think issue number five, I want to actually just strike it.
So we will continue to allow.
Supplemental and revised material, even after the supplemental to deadline of noon, the day before.
The reason why.
Is because this would require an ordinance change.
So, you know, I, I, I.
I would recall.
With great frequency that, you know, members are bringing the supplemental communication number three.
The urgent items are separate, but that you can continue to do if you meet the government code section.
So, but this is for consideration now that we have more time, if we want to change the ordinance.
Just for transparency.
I mean, I, I know that we.
We're not going to change it.
We're not going to change it.
We just want to keep this because of that.
Bringing 40 copies of that material.
You know, it is in the.
Interest of public transparency.
So something for us to consider further.
It does require an ordinance change.
So we, we couldn't do that tonight if we were taking action, which we're not.
So.
And then, oh, in terms of sequence.
For the agenda.
So.
You know, it was our thinking that we should just keep that.
And.
Let's see if there's anything else here.
Oh, we also wanted to include a budget referral for major items.
And I, and we would keep the same language that that is a notice to the budget committee, but.
Okay.
I think that those clarifications can be understood at the outset.
Okay.
I think this is okay.
So issue number eight here is.
That we want to discuss budget implications, administrative feasibility, and basically go concerns before sending the report to the full council.
Okay.
So we're still in the process of reviewing the financials, having items that remain in the queue.
The change we are recommending is that.
A current member of the council.
Would be required to resubmit that item at a future agenda and rules committee.
And, you know, we can have a discussion about that.
Okay.
I think it seemed like we were allowing the same speaker to speak.
On the consent calendar for an item and on the action calendar.
So that seemed redundant to do that.
So we were striking that.
And then with the consent calendar.
I think it's important to note that.
You know, I think sometimes in our work sessions, we are limited to five minutes each and we make do with that.
So.
I am, I kind of tried to go in the middle here and say, maybe we could allow three minutes.
To.
To make comments on the consent calendar.
I do know.
Sometimes you want to make some brief comments to try to keep something on consent and make a tweak, which I just did tonight.
So we want to give that opportunity without.
You know, we didn't have time to go through the consent calendar.
And, and then we, we just felt that we didn't need appendix B.
So that was the final thing.
Okay.
So thank you very much for the opportunity to present those edits.
And I look forward to hearing from my colleagues.
Okay.
Thank you very much.
This parliamentarian sometimes clunky.
So councilor Luna par, I think you.
Did you take her.
Okay.
So before we get into council questions and discussion, let's take public comment on this item.
Cause I want to hear the public input before we have substantive discussion.
So we'll go to our first speaker.
Good evening.
My name is Kit Sagan or, and I'm the chair of the open government commission.
How long do I have to speak almost two minutes? Is that right? Okay.
Thank you.
I think I can do it.
Okay.
Thank you for your having taken recommendations from the open government commission.
In particular, the continuation of providing public access through zoom.
To both council and committee meetings, even though the shutdown has ended.
The setting of time limits for council members during debates.
That was a suggestion that came from members of the public.
Thank you for taking that.
Endeavoring to inform meeting attendees at approximate time of high interest items.
And also, you're accepting of the, the request from the public to move items from consent to action.
If it becomes clear that it's not going to have the votes to pass.
There have been some times in the past where something was on consent and when it failed and the public is very confused, it's like it's on consent.
That means it's passing.
Yes.
Why didn't it pass? So thank you very much for doing that.
Very appreciated.
There are a couple of things that are that we made, we asked for that have sort of cropped up that we would like for you to consider further.
If you're going to spend more time on this, I didn't think you would be working more on this now.
And there's always the future because rules are never fixed.
There's always things to change in the future.
One is related that item of the confusion of something being on consent and then failing a change that was introduced with these edits was to say that the.
The agenda and rules committee can take something that's coming from a committee with a no recommendation and put that on consent.
But the idea being that the committee has recommended to not pass it.
That's what the council is going to do.
There's no need to discuss it, but it makes it confusing to the public because now you're putting something on consent.
That's not going to pass.
That's going to fail.
So that that is a public publicly confusing item.
It would be great if there was a different way.
And I'm just going to finish with one more thought.
And that is that we're concerned to see that the.
There's been no change to the, the depth of information or the time limits or very items.
If they happen to have come from the city manager's office, the items from the city manager's office.
Items from the city manager's office deserve the same level of information and the same time period for people to see what's going to be coming down as items from the, the members of the council.
Thank you so very much.
I'm commissioner Saginaw on that last point, just to clarify.
I think what you're referring to, we did discuss this at the committee and the commission had a particular recommendation on this.
It's asking that the items that come from the city manager.
And the city manager's office.
And the city manager's office.
And the city manager's office.
Of our departments.
That those be in the packet that goes to the agenda rules committee.
For review.
Well, at right now, that's not required.
But also the, the definition of major items.
It excludes that.
So there's 2 things.
One is the timing and one is that the kinds of information that are required.
Thank you.
Got it.
Okay.
Thank you very much.
Okay.
So, so, so.
Commissions need to be incorporated in this process.
And you need to have a procedure for them.
If you want commissions to have advisory voices at all.
You have to incorporate them in the process.
You have to train them.
First budget recommendations often come from commissions.
Or at least policy recommendations that would lead to budget recommendations.
So, you have to have a procedure for them to be working within.
There's also an issue of.
Training that.
As you all know, the human welfare commission was about to be dissolved.
That's it wasn't meeting statutory and consolidated because it wasn't meeting state or federal requirements.
And so there was an active recruitment to recruit people to that commission.
And then there was a commission that was approved by the city clerk.
And so those two came on to that commission.
Well, one of them has since dropped off.
Another one has dropped off.
Because she had no sense of direction.
She went to three meetings.
She said the city needs to put packets together.
So the commissioners know what the expectations of them are.
She.
And then there was a commission that was approved by the city clerk.
And there wasn't even any record of her having been approved as a commissioner.
And to the same effect, I was recently at a commission and aging meeting.
As a member of the public, and they were totally baffled about what their role is, despite that they have a strong chair.
They don't know where to go.
They don't know what their role is.
They don't know what their role is.
They don't know if they're allowed to do that.
They're confused between the role of council and the role of the city manager's office.
These commissions need direction and they need to be incorporated.
In these, in these various procedures.
And they also need to know what other commissions are doing.
Thank you.
Thank you.
Are there any other in-person speakers on.
This item.
Item 11.
Okay.
If there are no other members of the public on zoom.
Who'd like to speak on item 11, please raise your virtual hand.
Janice chain.
Thank you, Mr.
Mayor and city council.
I'm also on the open government commission.
And I'm very concerned about the.
Optics of your proposal to delay this item.
So, first of all, why delay the council? And now we're going to be having a new election.
There'll be new council members.
Who may not agree with the referral that was made.
So that's one question.
Secondly, why delay the entire process? And not just pass the things that are.
You know what I would call no brainers.
Okay.
And then thirdly.
Council member.
He said, pulling items from consent.
For further discussion is duplicative.
No, the public wants to hear why you're voting.
No.
Taking away the ability of the public to hear the.
Discussion.
Is not open government.
Okay.
So this, what you're doing tonight is exactly what we're trying to avoid.
The open government commission met on Thursday.
This past Thursday, just a few days ago.
And had no idea.
Of the supplement that was being proposed tonight.
We could have discussed it.
We could have had it on our agenda.
But we're trying to stop.
By having.
Things come.
Requiring that things could be on the agenda earlier.
So, you know, I just really encourage you to think about what you're doing tonight, because you are, it seems the optics could be that you're undermining.
Thank you.
Thank you.
Thank you.
Item 11.
If so, please raise your virtual hand.
I don't see any additional hands raised.
Thank you.
So bring back to the council discussion.
I'd like to suggest we go to our colleagues on zoom first.
That's okay.
So vice mayor Wengraft and counselor.
Thank you very much.
Thank you.
I especially want to thank city clerk.
Mark Newman vote for all of the work he did on this.
This is dense and it's complicated.
And, you know, there are kind of unintended consequences for everything we do.
And I feel like it's a lot to digest in one.
I'm going to say that I am content.
Not to listen to the input from the commissions.
I think that there's a misunderstanding there.
So I, I, you know, I think that.
We should give this a little bit more time.
I have the benefit of being on agenda and rules.
So I've been living with.
These suggestions for a while.
And I think that we should give it a little bit more time.
That said, I do think that we could pass certain things that, that the city clerk identifies.
As you know, being non-controversial and kind of necessary.
Given.
Given that our process has changed with zoom, allowing zoom and all of that.
So, you know, I, I, I.
I want to, I see you're talking mayor, but I can't hear what you're saying.
So, no, I, I just, I think that's a good idea.
I think we'd want staff to come back with that more with just those.
Non-substantive changes.
Yeah.
Because I think it'd be hard to parse that all out tonight.
Yes.
Okay.
I agree.
I agree.
I think that we should.
We should have those.
Those are.
Those could actually come back on consent.
Then the other thing is the recommendation on the definition of major items.
I don't see anything in the, in either the SAP or the main item.
That talks about.
That talks about addresses the content.
That I think that any item.
That is a shift in policy.
Should be considered a major item.
So I like to consider that.
And then my other question is regarding the items.
The rules for former mayors and council members.
And.
And council members.
Currently, what are the rules about that? Mr.
Clark.
We don't have any policy or procedure for how.
Items from.
Mayor council member that leaves office are handled.
They just.
Typically.
It's a recommendation and the item comes back to the full council for, for disposition.
So.
We don't have a specific policy.
It's just that those items follow.
The standard.
Options that are available in the legislative process to a policy committee or the full council.
I see.
So.
Well.
If the item.
Is in the pipeline and I'm no longer on the council when it.
Comes to the council.
Then.
Dies a graceful death or.
What.
Well, the council could approve it if, if they so desired.
So what, so the choices are approved.
Or deny or.
I'm sorry.
Well, you know, the, the.
Full council could, I mean, you were, if we're talking about under the current rules, the full council could refer it.
Back to a policy committee if they wanted to, or.
You know, any option that the council currently has with any piece of legislation.
That would be.
Okay.
Okay.
Thank you.
Thank you.
Those are my comments, mayor.
Thank you.
Okay.
We'll go to counselor.
Then.
And the Humber.
Thank you so much.
Just also wanted to echo my gratitude to the clerk.
And the work of the agenda and rules committee.
And of course, council member.
Thank you.
As well as.
The open government commission for their recommendations.
I definitely agree.
That while.
I think the overall package needs more work.
I would be more than amenable to passing a package of changes tonight.
And.
Officially.
Allowing the continuance of a hybrid meetings.
I do have a few questions.
One of them is for council member Kesha.
On her supplemental.
I am trying to understand.
Okay.
So this is a change in procedure for former.
Members of the council.
It says if the item is adopted by a member of the council, it must be.
Yes, by current member of the council, it must be resubmitted and reconsidered.
Okay.
And then it also says that if any of the items from the former fish were not assumed by the mayor or any council member at the council may.
Take any legislative action permitted under the rules.
Except that the item may not be referred to a policy committee.
And I know that is.
Not the second part is not a change that you're suggesting.
But what I'm wondering about is the seems.
Somewhat duplicative.
If the item is.
Adopted by a current member.
And sort of.
Gets a new life, but has already been through the agenda and rules committee and possibly a policy committee.
How would this.
Make it go through that process again? That's that's one question.
And I can just put all the questions on the map right now, or.
I'm happy to.
Wait to get a response.
So.
Council member trigger.
I appreciate the question.
I think.
You know, when we were looking at some of the.
Items in the agenda, we found that some of the items didn't.
Seem to be fully fleshed out, to be honest.
And so.
The idea here is if a, if a council member really supports the concept.
They can bring it forward and hopefully put more substance into it so that it could be reconsidered.
But it is a fair point.
There could, there could also be on the other hand, There could also be a policy committee.
That would be interested in.
Sponsoring it.
It's and we may need to think about this and workshop this a bit more because it's somewhat counterintuitive.
If there is a council member interested in.
In sponsoring it.
This, this process would sort of force it to, to go through agenda and rules again, and potentially go to a policy committee again, whereas if nobody is interested in it, then.
It's not going to be a.
It's not going to be a.
Policy committee review or anything like that.
So.
Yes, I think, I think there's a.
There you're pointing out, you know, potential drawback to.
To this approach.
And this was trying to guard against an item that was really not ready to be voted on.
But if, if there was interest in.
You know, if there was an opportunity to.
Introduce items and they may be adapted from prior items.
Do you want to continue? With your question.
Sure.
Thank you.
And actually.
I mean, the rest of your suggestions, Okay.
Thank you.
To the clerk and maybe members of the agenda and rules committee.
Okay.
Thank you.
Thank you.
Thanks.
I did want to actually note that.
There was a.
There was a request to change the language of the revisions to sections three D four.
One or around September 10th.
Suggesting that.
Charter officer items.
This is a request to change language of the revisions to sections three D four.
Eight on pages 19 and 66.
Okay.
And then.
The agenda items from departments, including agenda items from commissions.
Shall be furnished to the city clerk at a time established by the city manager.
And then adding.
The board beach, but no later than 24 hours prior to the relevant meeting of agenda items.
Okay.
So I was prepared to, for that suggestion back to agenda and rules.
But since we seem to have more time.
I want to just.
Put that out there that.
That is something that I would support actually in the.
Interest of more transparency, more.
Just being able to, I mean, I think it's a good idea to put that out there.
I think it's a good idea to put that out there.
And commissions.
So.
Kind of a broader of working question.
I don't have the answer for.
I think.
Section of the rules you are referring to.
Yeah, this is.
I want to just understand.
Yeah, this.
This is three D for a charter officer items.
Okay.
So.
Charter officer items, except for continued business and old business as a condition.
To placing an item on the agenda agenda items from departments, including.
Agenda items from commission shall be furnished to the city clerk.
The time established by the city manager.
So.
What, what is the, the, the change.
I don't know if this is chair Sagan or for individual capacity or the open government commission, but.
Adding the language.
But no later than 24 hours prior to the relevant meeting of agenda and rules.
This agenda and rules policy committee.
I think the issue here.
So by charter officers, we're talking about.
The.
Director of police accountability.
The city auditor, but she's already.
They're already referenced in this document.
And the city manager.
Right.
So what this really gets.
The city manager.
Submitting.
I think that is the recommendation and it's just within 24.
Address that because we did have an extensive discussion about this.
At the agenda and rules committee and there's a reason we didn't recommend that.
So miss bellow or Mr.
clerk.
Can you talk about what is the process? For the city manager departments to submit items and why.
They're not in the agenda can be packet currently.
I know there's a process.
For the city manager.
Or the city attorney and there's a whole workflow people have to review things.
This was described to us during the committee discussion.
And I will let the city clerk because you are correct.
Mr.
There is a process.
The city manager's office for review.
And then the city attorney's office for review.
And then the city manager's office are reviewed by several departments.
It goes through the city, the department.
Level first, the staff person prepares it.
Then the department head reviews it.
Then it goes through our budget department.
Then it goes through our city attorney's office for review.
And then the city clerk.
Is responsible for any staff reports that end up on our council agenda.
And there is a very.
Deliberate and intentional schedule that we follow quite closely.
That was developed by our city clerk.
Is that helpful to you? Council member.
Yes.
So you're saying this is already a very extensive and exhaustive process.
And I'm just wondering.
Is there a future of the process? Is it correct that agenda and rules did discuss this, but.
Did not recommend providing.
Additional timelines for submission or inclusion.
At all in agenda and wills committee.
Yeah.

Segment 5

I just want to make a comment on something that the general rules committee did as the chair, which is if we did, I mean, it's well intentioned, but if we, I mean, there are, there could be 50 or more reports from departments and agenda packet and it just limits the amount of time our departments have to prepare and to submit reports and items for consideration and we want things to be vetted through budget.
We want them to be vetted by the city attorney's office, especially laws to make sure they meet legal form.
And so, while well intentioned, the effect of doing this would actually reduce the amount of time to develop.
Items to come to the city council for consideration and to ensure that they have undergone proper legal and budgetary review and we felt and I.
I mean, I believe I think my colleagues agree that giving the manager and departments some additional time to do that and there are even changes up until right when the packets produced and we don't undergo that level review for our reports at all.
So, we're trying to create a system where things are going to policy committee.
We're looking at the operational implications, budget implications, but we don't have to go through that very extensive level review for our items at all.
So, that was the idea did I accurately summarize.
Where the committee landed on that? Yes.
So that's why counselor trigger.
Thank you so much and I will.
I'm almost done.
Um, I, um.
Just have well.
On on this issue around what can well.
Sorry, I have 1 more question for council member.
Yes.
For me, this is on issue 6 around adding consent of the council.
On how action items may be reordered at the discretion of the chair.
Is that interpreted to be unanimous consent or.
Majority vote, or 2 thirds.
I would suggest if maybe it should be specified, whatever the standard.
What threshold is oh, that's a great point.
Mr.
city clerk, is there a current rule of what consent of the council is means.
In this regard, in this context.
It would just be a majority vote because there's no higher threshold.
Specified in the charter or an ordinance, or in the rules or procedures.
Okay.
So we could certainly for clarity say with the majority of the council.
Yes, for clarity, we could take that at it.
Mr.
and I am taking notes of what.
Suggestions people are making so thank you for that.
Okay, thank you on on the issue of.
Putting something on consent to with a negative recommendation to not, you know, for the purpose of.
Not moving the item forward.
It does, I mean, to be honest and.
I'm, I'm, I understand the concerns from the public, but I also understand the need to balance those concerns with the ability to run an efficient meeting.
Having extensive meetings is also, I mean, there.
Items are discussed that are unlikely to move forward anyway.
It also is a disservice to the public.
I, I just wonder, and if this is not voted on tonight, maybe this is just a suggestion to look at what other councils.
And other public agencies do.
It is true that, for instance, on the board that I now serve on.
Consent actually means consent.
I take it to mean we're approving everything on consent that it's not a statement of disapproval.
So, just just kind of wanted to see how this change to the procedure would be aligned with other public agencies.
And then lastly, I absolutely agree about the recommendation to reduce the speaking time for council member to 3 minutes on consent calendar items, or even less.
Because again, consent really does mean consent and if there's a need to have more discussion, then it really should be agendized for action.
So, thank you so much.
Those are my comments.
Yeah, on that latter point, we also discussed this extensively and.
The reality is that things go through policy committee, they do an extensive job and we want.
We're trying to create some parameters so that there's more thorough review of things.
And if the committee is recommending that we take a negative recommendation because the item is not.
Well, thought through or then and we put that on consent.
I don't see what the problem is there.
I think that that was the issue we're trying to trying to look at how we can manage the agenda for things that we know are not going to move forward and don't require extensive discussion of the city council.
Um, there's already a process whereby 3 people can pull something from consent to go to the action calendar if they want more discussion.
But if a majority or more of the council is not going to approve something.
Then what's I don't understand what the issues with being constrained from moving that to the consent calendar.
That's why we made that.
We made that recommendation just by context.
Yeah, that's it.
I'm just going to followed up because I do see that that's that's totally fine.
Okay councilor Han then.
Chaplain case are 1, after that contra, maybe they weren't and it's good to see there's so many procedure.
I'm just going to follow up because I do see that that's totally fine I'm just going to followed up because I do see that there are 3 of us on this committee, we can't work on this stuff together outside of the meetings so I've been the one working directly with the clerk on this stuff and maybe even more immersed than my colleagues on the committee and obviously way more immersed than those of you who just see this show up on a council agenda.
I think people may have forgotten where a lot of this came from.
We had with D Williams Ridley before the pandemic, she started a process that she called systems redesign where she really was trying to get a little more discipline into and quality shall we say into the proposals that were coming to the city.
Not just from council members, but across the board, but also her commitment to making sure things could actually be implemented and actually would be implemented and she really kind of started a process and it was, it was interrupted by the pandemic, but some of these ideas about rules changes actually go back that far.
They were included.
They came from the discussions that we had, you know, right back in like 2019 and then there have been a variety of other sources of referrals and ideas.
We got a whole long list of things that very carefully thought through from the open government commission and so there were and then we actually had a meeting here at council where we took input from.
All of the council members again on ideas they had and real changes and it's all that stuff mingled up together plus the things that the clerk keeps track of that sort of clean up things that he finds along the way that resulted in what you have before you.
And I agree with kits comment that, you know, you can always find changes and updates and improvements to rules kind of endlessly and I want to make sure that we don't end up in that cycle because there's always there's always there's always more ideas.
And so, I think that's a good way to end the presentation.
I think at some point, we just need to draw a line and say, okay, now we're going to adopt the good ideas we've talked about and then we're going to start a new queue and a year later, maybe we will look at additional new ideas.
So, I just wanted to say.
I just wanted to say that we had a discussion about defining major items.
The question of defining major items is something we spoke about at length.
It had been referred to us.
It was an explicit referral.
We we talked about it quite a bit.
And we basically decided that that the variety of items and situations that come before us that could that could potentially be major items was.
We put a lot of thought into it.
And we also thought that, you know, there's a very complex that putting.
But any set of words we put down would not be enough to anticipate.
The variety of things that come before us, and we almost never have pushback from a council member saying, oh, you know, my item.
I think that's important that we do not do that.
I think we should also just trust the judgment of all of our colleagues for each other.
And I think we all want each other's items to be treated respectfully and thoughtfully.
And certainly the agenda committee, whether they agree with an item or down or, you know, whatever have always tried to treat every item very fairly and evaluate them.
And I think that's important that we do not do that.
And certainly the agenda committee, whether they agree with an item or down or, you know, whatever have always tried to treat every item very fairly and evaluate them very thoughtfully and evaluate them all the way around the world and then we decided that what we have is working and so, I, you know, again, I think that's background that it might have been more helpful and I put this on us to have provide a little more background on why you have what you have in front of you.
So, I think that's important that we do not do that.
And certainly the agenda committee, whether they agree with an item or down or, you know, whatever have always tried to treat every item very fairly and evaluate them very thoughtfully and evaluate them all the way around the world and then we decided that what we have is working and so, I, you know, again, I put this on us to have provide a little more background on why you have what you have in front of you.
So, again, I think that's important that we do not do that.
And certainly the agenda committee, whether they agree with an item or down or, you know, whatever have always tried to treat every item very thoughtfully and evaluate them very thoughtfully and evaluate them all the way around the world and then we decided that what we have is working and so, I, you know, again, I put this on us to have provide a little more background on why you have what you have in front of you.
And again, I guess, for changing things that we're changing right changes to the proposed changes some of them are just other stuff that I guess she and her team identified as they were going through it.
Things that were not referred to us through one of the 5 or 6 sources of referrals that we were working on.
And then again, some of them were things that we actually did.
Consider but obviously, we didn't explain what we were going to do.
Well, enough why those changes weren't in front of us.
So, I think we have more work to do, even though we've done an awful lot of work and getting it right isn't just about, you know, what works for the council, but we always have the lens of the public.
I mean, the part the part the rules are not just for us and for our ease.
They are also to meet our obligations and our spirit.
Of transparency and so I just want to.
I mean, the part the part the rules are not just for us and for our ease.
They are also to meet our obligations and our spirit.
Of transparency and so I just want to.
I mean, the part the part the rules are not just for us and for our ease.
They are also to meet our obligations and our spirit.
And so I'm thinking about all these rules with with that in mind as well.
And and kid and the open government commission help with that because she attends all our meetings and is able to provide that perspective of how all this looks to the public, which obviously is very important to us.
So I think that's my.
My thought is my thought is my path forward for today.
I would I would appreciate if this will refer back to the agenda and rules committee.
And then we will make a commitment that will work, which basically means me.
And then we will make a commitment that will work, which basically means me.
And then we will make a commitment that there is to be consensus on here tonight and come back as soon as possible with that set of changes.
And then anything that is either addressed in the castle Ronnie supplemental or is something where we've heard from a council member that they would like us to consider something more in depth.
And then we will make a commitment that will work, which basically means me.
And then we will make a commitment that we need to just share with you a little bit more about.
Why we're recommending what we're recommending when we bring those things back.
So I would like to make a motion to.
Refer this all of this, the revised agenda material.
To.
I'll say changes that are not in question as soon as possible.
And that the other changes and ideas be considered by the agenda and rules committee and be brought back at a later date.
That's my most seconds.
Okay.
Thank you.
Thank you.
Thank you.
And then the actual council member who creates the.
A quorum issue, right.
And the brown act issues.
No representatives can also create a brown act issue, but it is typical for.
Okay, thank you.
I mean, they can come and listen, right? Yeah, anyone can.
Yes, yes, they can.
Thank you.
Yeah, just I want to invite for those who are interested in in our discussions to maybe send a staff member.
So that they can sort of follow what we're talking about without running into any of the issues around quorum and and brown act.
Okay, thank you.
I'm going to zoom at agenda rules.
So, I know I know you're watching and that's that's and you can't just can't speak.
I think only.
Okay, thank you.
So, there's literally 4 people in the room and if there was a 5th person that came in, they had to leave.
So that doesn't preclude people members of the council from observing as long as they don't speak if there's more than 4.
Okay, thank you.
Thank you.
Thank you to the committee, the clerk's office and the councilor.
I know we're not I know I know that the motion is to refer this set in the rules, but have there been a motion to approve this little I would have voted.
Yes.
I want to turn to.
Okay, thank you.
So, I'm going to go ahead and collapse the strike on subsections.
F, H, and J, and to collapse them into the background section as.
So, I would I would support the fact that the staff and external outreach to stakeholders or something that naturally occurs and.
And most of, if not all of my items, especially my major items, these are things that have occurred throughout the committee process as well.
I don't see why they would need to be pulled out a separate standalone.
So, I would, I would.
I would call those things called into question for the purpose of the discussion that committee.
I support the debate time limit.
I think 3 minutes is actually quite.
A long time to speak, we asked the public to make their point, tell their story, speak their minds within a constrained time period.
So, I would support that, even for action items.
Council member should be able to do so as well.
I would support that even for action items.
And I think, you know.
I think members can use their 3 minutes to speak to that as well.
And those are my comments.
Under 3 minutes under 3 minutes.
Okay, we'll go to customer Humber.
And then I'm going to speak.
Thank you, Mr.
Mayor and I really want to heartily thank the agenda and rules committee and the city clerk for their really.
I'm not sure how to pronounce this or Julian or Herculean work on this proposal.
Herculean and also council member customer wanting for bringing forward these amendments.
I think.
A lot of the changes for office have made.
Reflect and I think ameliorate a lot of the concerns I had with the proposed changes.
Many of which I think would really increase the risk of minority rule in the council.
And I don't think this is a good thing for getting business done and serving.
I think it's a problem.
I think it's a problem.
I think it's a problem.
I think it's a problem.
I think it's a problem in the U.
S.
Congress and it's a problem.
To this end, I definitely agree with council member customer wanting suggestion.
Number 1.
To prevent items from automatically going to action, if there are 3, no votes on consent.
I agree with suggestion 3 that we should establish objective standards for major items and that determining whether these items meet these thresholds should be done in consultation with staff.
I also agree with suggestion for that the required content should be consolidated and streamlined as a council member.
I also agree with suggestion for that the information should be removed since it's operational in nature and would be up to staff to determine.
Suggestion number 5, it sounds like it would require a change in the Berkeley municipal code, but now maybe we have time to do that if we want to.
I agree with suggestion number 5.
I agree with suggestion number 5.
I agree with suggestion number 5.
I think it's important because we don't want there to be no recourse for the rest of council of, say, a future mayor.
We're trying to kill or delay an item by moving it to the end of a busy agenda.
So, we need to have the option to to to decline a reordering by a majority of council.
I agree with suggestion number 5.
I agree with suggestion number 5.
I think it's potentially important because we don't necessarily want to drag things up committee too much before they get to full council.
As long as the committee is least considered budget and policy implications, I don't think it's necessary for them to set everything in stone.
I agree with suggestion number 5.
I agree with suggestion number 5.
I agree with suggestion number 5.
I think there's another hard agree with council member.
A council member calling it quit should not be a fast track for their items to be taken up unless and until another council member decides decides to resurrect 1 of their items.
I agree with suggestion number 5.
I agree with suggestion number 5.
I agree with suggestion number 5.
I think there's got to be at least a reasonable delay before and whatever that delay is.
I'm not sure exactly what form it should take, but it shouldn't be instantly decided at at the meeting in which the council member adopts it.
Number 10 speaking once per council item is more than adequate.
Number 10 speaking once per council item is more than adequate.
Number 10 speaking once per council item is more than adequate.
With respect to item 12, I'm actually agnostic on the deletion of appendix B doesn't matter to me one way or the other and somebody can opt I think to to include it if they want.
Thank you.
Thank you.
And I guess we'll be working through more dense material in the future.
Thank you.
Thank you.
Now, going to after that.
Yeah, I wanted to explain something to council member.
Okay.
So, I've had the experience of having an item come to committee.
Duplicate duplicative to send an item of a former council member back to committee.
And I've had the experience of having an item come to committee.
Without a sponsor where there is nobody to answer questions about the item.
So, in answer to your question, it might be duplicative, but it might not be duplicative.
Because if that council member wasn't there to guide the item at at this, the policy committee, then no, it's not duplicative at all.
It needs to be vetted there.
For the 1st time with a sponsor.
Yeah.
Okay, and then I wanted to ask the clerk.
Whether there's anything in these recommendations that.
You need quickly and if so.
I'm happy to make a friendly amendment to the motion and see if we can get those to come back.
At the next meeting.
Okay.
Well, I think considering how long we've been operating under.
This set of rules, I don't think I could really say that anything is is so urgent that it would need to be adopted tonight.
Okay.
So, we were going to do the 1st set of technical revisions.
So, happy to work more on these with the agenda and rules committee.
I think if maybe the discussion at agenda and rules.
Okay.
I'm happy to take some of the technical noncontroversial things and bring those back sooner than some of the more complex issues.
Okay, thank you.
If I may.
I'm happy to take some of the technical noncontroversial things and bring those back sooner than some of the more complex issues.
And I think the things that are non substantive technical changes to operationalize current practice and to clarify things to ensure that we can.
I'm happy to take some of the technical noncontroversial things and bring those back sooner than some of the more complex issues.
And I think the things that are non substantive technical changes to operationalize current practice and to clarify things to ensure that we can.
Take that stuff out.
We can bring it back in a, in a, in a standalone ordinance, move that forward.
And then discuss the more substantive issues that we've talked about today.
I think that was your intent, right? Councilman.
Yes, that was exactly my motion.
So I'm happy to take some of the technical noncontroversial things and bring those back sooner than some of the more complex issues.
And I think the things that are non substantive technical changes to operationalize current practice and to clarify things to ensure that we can.
And where the question wasn't opened.
Are we open, so to speak, would come, come back as quickly as possible.
And then all the open questions could take a little longer.
Cancel the prior.
Thank you.
I just have a couple of really quick points.
On I first really appreciate.
I think that that's a really.
Important aspect of this.
I do have a.
Concern minimal concern about.
Allowing us to kind of quietly.
Have a meeting.
Without proper discussion, because it might elongate the meeting.
I know that that's kind of that's something that is.
Instinctual to not want the meeting to go on into midnight and that makes perfect sense that we all feel that way.
But I don't think that that's fair to the public.
And so I.
Disagree with the 1st amendment brought forward by council member.
Okay.
So, on to counsel, because someone is.
Proposal, which I support most of these.
Issue 3 on the sort of adding additional.
Language around the definition of a major item.
So, so the issue here, but it's kind of a chicken and egg issue.
So, the 1st amendment brought forward by council member.
And we didn't even know the policy committee.
And we didn't even know the policy committee is going to recommend a positive recommendation hasn't come to council council hasn't approved.
It hasn't been gone to the budget process.
How much time are we going to.
So, that's the issue that that was part of the issue we talked about this.
This gets to an issue that we've long talked about former council member trustee talking about the.
Operational implications, the auditor talking about that.
And so we kind of land on this definition because.
I mean, I think the agenda committee and the policy committee will know something's a major item or not.
Somebody need some, please meet whoever is unmuted.
Um, so.
That's the issue.
So, I mean, if we're going to do this, because the city manager is going to provide input on whether it has moderate significant administrative operational resource impacts.
Due to an implementation timeline, or that's costing over 200 K.
And.
There's going to have to be some pre submission consultation with the city manager's office.
And this gets to the whole overall issue of having a timeline because now, you know, it doesn't have to be, you know, only 1 input that could be a.

Segment 6

But there's got to be, you know, we got, we got to like, really think about.
The process and when things, when are the inputs going in.
And before something is even submitted the pre.
The pre submission consultation, say attorney consultation, then it's submitted.
Then it goes to policy committee comes out policy committee goes to the budget process goes to council.
So that's why we initially wanted a timeline.
To align with the budget process.
Just to think rationally about how this all is going to work.
Now, I understand.
I know council because when you and I talked about this, there are.
You know, the way government works is, you know, there may be long term.
Big items and there, but we also need the flexibility to respond to things that happen.
So, that's also got to be.
You know, that's also got to happen and that's why we never landed on a process or a timeline, because I think the council concluded several years ago that we wanted maximum flexibility to be able to address agents and circumstances or emerging issues.
But if we're going to, we're going to do this, we have to have a rational process too.
So, I have no, I have no objection to this, but there's got to have to be some minimal.
Analysis and pre submission consultation with staff.
But we also don't want them to spend an inordinate amount of time analyzing something that may never even see the light of day.
So that's kind of the trade off.
That we need to consider vis-a-vis this, this issue.
I'm not saying it's not a, we don't want to do it, but we just have to really.
Delineate that this is not going to be an extensive analysis cursory analysis.
Um, you know, I think, frankly, colleagues, you know, before we submit any major item, we should talk to staff to get their ideas about this.
And, um.
I think that's frankly, a very beneficial process, but I think if we're going to do this, we probably need to bake that into the process formally.
So I just want to raise that issue and then not disagreeing with that.
I think that's a great point.
I think that's a great point.
I think that's a great point.
I think that's a great point.
I think that's a great point.
I just want to just think about how we built the system to enable that consultation.
Um, and then I guess I then I had a question for the city attorney with regard to, um.
If an item is moved to the action calendar from the consent calendar, somebody speaks on that item during the consent calendar.
Our rules currently allow that person to speak again when it's on the action calendar.
Is there is the reason that we do that because due to the brown act, or is that just we just want to get people maximum opportunity to participate? Do we have any legal requirement? If something if somebody talks about an item, say item 10 on the consent calendar.
And then, and then, but then that gets moved to the action counter subsequently, although.
Actually, if I may now that I think about this, the rules are going to prescribe that we can't pull something right to the action calendar.
After we take public comment, right? Or is that changing? I can check, but I don't I believe I believe that, um, but we'll say that you cannot move something to the action calendar after we take public comment.
So, I guess I don't understand what this issue addresses because.
Because if something's moved to the action calendar.
Then they'll speak to it when we get to the action calendar.
They can't speak to it on the consent calendar because it's not on the consent calendar.
We'll have to look at this.
We'll have to look at this.
But, yeah, I just, whatever we do, we have to make sure it conforms to brown act.
Requirements, so, um.
I think as our colleagues are saying that this is more complicated than it appears, there's.
I mean, if I can complete my comments, there's a different rules intersect and I think this is a great discussion and I just hope and I just hope that we can move forward the things that are non substantive.
And, you know, have more discussion of the things that are substantive, but there needs to be some resolution colleagues.
So this all comes back after the subset discussion and we'll do our best.
We'll do our best, but I hope when it does come back, we've got to make a decision because we've got to put in place these rules.
These rules can always be amended by the next council or be amended at any point in the future, but putting in place some of these that we think are appropriate, I think, is a step forward so doing the nonsubstantive stuff now.
That's great.
We should do that.
We'll have more discussion.
I think these are very thoughtful comments that we'll take all these in consideration of staff will certainly consider them.
We also, I think the benefit of the new city manager and his, his review and his input because he just started.
So, I think to that end, have this go back to the generals is a good thing to get his input as well.
And in closing, I just want to thank the open government commission.
So, because a lot of this came from the recommendations from our from the open government commission, we went over all of them and we actually made recommendations to this council.
After reviewing the open government commission's report and in May, this council.
Just want to remind people reviewed that and said, it made it and passed a motion to have staff come back with these things.
So that's where some of this is coming from.
And it really came from the open government commission and their thoughtful review and I want to thank them.
I think Councilman Hahn who did a great deal of work.
And I want to thank my staff as well who assisted and go and watching all the videos transcribing all the comments from the council and trying to kind of help us go through all the input.
And honestly, that we've been having this conversation for several years now.
Going through all the inputs so we can make sure that all of the ideas and questions that came from the council were before the committee.
So we can go through those and consider those things.
And now we have a whole new set of input that we need to consider and I think this is very, very helpful and we'll do our best to try to bring something back very soon.
Councilman, thank you.
Yeah, I did want to speak to and it's kind of.
Councilmember Kassarani embedded in some of the changes that you're proposing.
1 of the things we have struggled with is how much.
How much staff time should go into items at what stages.
And as well, as the city attorney's office, and I think what we settled on is that.
It should increase as the item moves forward so that, yes, there should be some consultation with staff before an item is.
Is put forward, but we certainly don't want council members to dominate staff time in preparing the items.
Then, so there would be at least some staff conversation before an item is even brought forward.
Then we, we actually have a whole other project that we're doing parallel to these changes to look at improving the committee process.
And 1 of the things we're talking about there is how much staff input and how much staff time should go into their input at the committee stage.
And, of course, an item isn't even approved yet and staff isn't going to really do a complete deep dive until after something's been approved.
Otherwise, they might be wasting their time and so we are kind of trying to figure out how to handle that.
And on on this part of the.
Major item definition, where it says that, um, staff should be able to do a complete deep dive.
And so, you know, when you're doing a complete deep dive and you're doing a complete, you know, moderate to significant administrative, operational and resource impacts at the same time.
In the amendments to the major item, right up guidelines, you're collapsing, you're basically taking out the consultation piece and taking out the piece that would discuss.
How administratively complex it is, how much it would cost to implement it, et cetera, which isn't supposed to be an exhaustive final decision, but at least to have a little bit about that.
If that's the criteria for determining whether something is a major item.
How administratively complex it is, how much it would cost to implement it, et cetera.
So, I think, you know, there's a bit of a puzzleness to all of this, and we will try to put the pieces together, but it's hard to view each piece separately and we're not able to come forward with, like, this huge change to all the processes.
So, I will say that I think maybe we might want to do something in the future where every 6 months, we have an item on the agenda, which is just a discussion of role changes that council members might be interested in.
And and then the agenda and rules committee can kind of take ideas in tranches and, you know, maybe every 6 months, if there's something.
Important to do or every year, we just keep updating the rules and making them better because we do need to draw the line at some point and move some of these things forward.
So.
I look forward to bringing back as much as we can as soon as possible and and thinking through the others and coming back with better.
Better explanations of our recommendations.
Councilman Luna par.
Thank you.
I wasn't sure if I misunderstood, but.
Um, it doesn't.
If I understood correctly, we would not be able to.
Take a consent item off of consent after public comment.
Is that my recollection, but unless you yeah.
That makes, in my opinion, doesn't make any sense if we, if there's a right.
So the current rules public will not know.
What changes the consent calendar made and they need to have an opportunity to be able to comment on that.
Right.
That's the reason it's a brown act issue, but that makes sense.
Right? So the current rules say that.
After public comment.
Is made, you cannot move any additional items from action to consent.
And you can move items from consent to action after public comment.
Yeah, they've already spoken.
Okay that makes sense.
But it's still a that makes sense.
Yeah.
Yeah.
Okay.
Thank you.
All right.
It makes sense to me that we would not.
We couldn't we couldn't change our minds after public comment, but I appreciate it.
Yeah.
Okay.
That that helped.
That's helpful clarification.
Yeah, I agree.
I mean, I mean, I think we've got to have a discussion.
Yeah.
This I just wanted to make just some few brief comments.
So, in terms of trying to provide a subjective criteria for major items, I just want to say I did not see it as something that would take an inordinate amount of staff time and my experience when I've done major items.
So, I just want to say, you know, we're, we're putting in this amount and we're, we're putting in this sort of 200,000 threshold, not not because we expect you to have the entire budget figured out down to the dollar, but to at least have an order of magnitude determined with the support of staff.
So that's the idea there and then, in terms of timeline for implementation, of course, not the full implementation plan, but the timeline for implementation, I mean, I don't know how long is this going to take? And when we think about recent major items, you know, we have the top item coming to Council on Monday, I think, you know, I don't want to speak for staff, but, you know, I feel like that's a big item and would clearly have qualified as a major item, given these objective criteria, you think of the fair work week, that's another example where I, I, I wouldn't expect a full staff review, but I would expect a full staff review of the item.
And I think that's helpful because, you know, when folks are reviewing items that agenda and rules, they may not necessarily have the, the full familiarity with the item as a Council member who worked on it so, so this was the idea there, I just wanted to explain that and then I don't see that as being inconsistent with removing the topic area of implementation, I actually think that would potentially require even more staff time because that's a discussion of implementation and administration and enforcement of the item.
So, I would say that this is more of a discussion of implementation and enforcement, whereas this is more of just a ballpark check.
And I do want to say that we still have the fiscal impact section.
So that would be the area where the author could talk about that 200,000 threshold and whether it was over or under that amount.
Thank you.
Okay.
Unless there's any further discussion, please call the roll.
Council member.
Yes.
Yes, Bartlett.
Yes, I.
On yes, yes.
Yes, yes.
Yes.
Okay.
Okay.
That motion carries.
Thank you.
So, any public comment for anyone who not previously spoke to an item not on the agenda.
So, I'm going to turn it over to the council member, Sophie Hans, who's going to talk about the agenda and rules committee.
It's a member of the fair campaign practice commission, and the open government commission, the 2, 2 headed monster.
I want to a couple of things I didn't before, but I do want to recognize the hard work that the agenda and rules committee put into this.
And I want to thank council member, and also council member, I'm sorry, I get nervous and can't forget nails number for appointing something to excellent commissioners to our commission.
So, now we're only down 2 slots.
I only recently learned about this, but it's been a while since I've heard about it, but it's been a while since I've heard about it.
So, I'm hoping that those those 2 could get appointed.
It's our belief that there's actually 2 excellent candidates who who have, or are about to submit applications to serve on that commission.
So, there's somebody there's definitely some a couple of people who want to do it and we could still use those people.
But thank you very much for appointing those 2.
that's really very helpful to us.
Thank you I had somebody, but they want to be appointed by district 6.
so it will, so don't worry about it, but thank you very much for appointing those 2.
that's really very helpful to us.
Thank you I had somebody, but they want to be appointed by district 6.
so it will, so they'll so the vice mayor will appoint them and I am in the process of making an appointment.
Oh, great.
I think it's the person that I was going to point, but I do want to let you know that you don't have to be appointed by the district you reside in.
I know.
I'm just saying I had, I had people by the council members.
So, please feel free to contact me.
So, please send me more recommendations.
So, okay, great.
Thank you.
It's not that I'm not trying.
I was ready.
Literally was ready to point this person today and they said they're being appointed by another council member.
So I need I need more.
I need more names.
So, thank you.
Okay.
Carol.
There was a issue that came to the commission on the status of women, unfortunately, the same day of our meeting.
So we couldn't possibly place it on our agenda.
And this issue has to do with honoring a statement against gender based violence.
I was trying to find the exact date, but this is something that's going on nationally and internationally and also in California, where a building such as our city hall would be lit up in orange lights.
It's I'm trying to get more budget information, but perhaps that has to come directly from the city manager's office in terms of how much this would cost us.
But it's a statement that's being done by women's groups so that people will pass the city hall and see the orange lights and say, what's that all about? And it draws attention to what's going on with gender based violence.
And I'm hoping council member has talked about a proclamation possibly.
I hope it's fine for me to state that.
But I'm hoping that there is something within our budget that we can actually do something that's consistent with San Francisco, Burbank, some other jurisdictions in California and elsewhere that are doing this to draw attention.
This is extremely important issue.
I'm aware that San Francisco has a huge budget compared to us in terms of having an office for our commission on the status of women.
But that should not stop us from drawing attention to this extremely important issue to the public.
I can distribute information at a later date.
Thank you.
Thank you.
Okay, we'll go to the call with the number ending 2, 1, 1.
Please press star 6 to unmute.
Hi, hi, I was glad to see you tonight.
I have a couple of points.
I did hand your city clerk three articles.
What about global warming? I think we have reached the point beyond return.
I don't think life will exist on earth beyond the end of this century.
Second, about perspiration austerity.
That's why you have homelessness.
That is what happened when we were sold on Reagan economics and all of the fake economies that Reagan brought in and there's really no solution.
There is no solution to the homeless problem.
It is very sad.
It is criminal.
It is criminal what the state has done to them.
It is criminal what the city is doing to them.
We don't have a solution.
What do you do? What do you do? You have to rent them places for them to live.
As far as our case, we do, you know, I think let us save the city of a lot of legal hassle, legal problems.
I'm out of four or five hundred thousand dollars plus business people in Berkeley calling us every day.
They're very, very unhappy.
Very angry at the city.
I also like the new city manager to please look at our case and act fairly.
I don't think our last city manager did anything.
So please listen.
And I'm your friend.
I brought millions of dollars of tax money to the city of Berkeley.
So let's go forward.
And I'd love to hear from you soon.
Let's work out.
I really think that we need to work together as good people.
Thank you.
Thank you.
Thank you.
Thank you.
I came to break in 1950, 1964.
That is long time ago, 60 years ago.
Let's bring it back to a beautiful city it was.
Thank you and have a good day.
Good evening.
Thank you.
I don't see any other raised hands, so I'll make a motion to adjourn.
Second, please call the roll on adjournment.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Okay.
Okay, thank you.
We are adjourned.