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Segment 1

Council Meeting, Council Met and Closed Session on September 8, 2025, pursuant to Government Code Section 54956.9, Subsections D1, and approved for participation in two nationwide settlement agreements to resolve the issue of the city's claims against opioid manufacturers and authorize the city manager's office to receive settlement funds directly, instead of allowing them to flow to Alameda County.
The two cases at issue are In Re Burdum Pharma L.P.
et al., United States Bankruptcy Court, Southern District of New York, case number 19-23649SHL, and In Re National Prescription Opioid Litigation, United States District Courts, Northern District of Ohio, Eastern Division, MDL number 2804, case number 1-17-MD-2804.
Thank you, that's just a readout from our closed session.
All right, so moving on to ceremonial matters, we have a number of ceremonial matters here this evening, including two adjournments in memory, although we have the Pledge of Allegiance, which we have yet to actually say here in a meeting that I've presided over.
So I think I will lead us in the Pledge of Allegiance, so please rise.
Okay, so moving on, we have two adjournments in memory.
Unfortunately, there are many folks who passed in our community over the summer that we have two tonight, and then a number that will be coming up in this upcoming September meetings.
The first is the Adjournment in Memory of Chris Peoples, the AC Transit Director, and that will be read by Councilmember Traiga, who will share.
And then also, we have a representative from AC Transit, so if you would like to come up, you're welcome to.
Thank you.
Oh, and perhaps his family? Actually, our board president is online, and I think we're just going to receive the proclamation.
We're just here to scan you.
Thank you.
Okay.
Friends are here.
Okay.
This is a proclamation in memory of H.E.
Christian, or Chris Peoples, AC Transit Director.
Whereas, H.E.
Christian, or Chris Peoples, faithfully served as a member of the AC Transit District Board of Directors for over two decades, demonstrating exceptional leadership, unwavering commitment to public service, and a deep dedication to equitable and accessible public transportation.
And whereas, Director Peoples began his tenure on the AC Transit Board in 1997, serving multiple terms as board president and vice president, and earning widespread respect as a thoughtful, principled, and visionary leader in regional transit planning and policy.
And whereas, throughout his service, he was a passionate advocate for environmental sustainability, accessibility, and expanding transit services for all residents, particularly those from underserved and transit-dependent communities, bringing a unique blend of legal expertise, intellectual rigor, and personal humility, as well as a strong belief in the power of public transit to promote social equity, environmental stewardship, and regional connectivity.
And whereas, Director Peoples' contributions helped shape transformative projects and initiatives that have strengthened AC Transit and improved the lives of countless riders throughout the East Bay and beyond.
And whereas, Chris Peoples will be remembered not only for his long and distinguished public service, but also for his kindness, integrity, and unwavering belief in public good.
His passing is a profound loss to the AC Transit community, to the public transit sector, and to the many colleagues, constituents, and friends of which we are just some who have had the privilege of working alongside of him.
Now, therefore, that I, Adina Hishi, Mayor of the City of Berkeley, do hereby honor the life, legacy, and extraordinary public service of H.E.
Christian Chris Peoples.
The City of Berkeley extends its deepest condolences to Director Peoples' family, friends, and the entire AC Transit community, and expresses its profound gratitude for his enduring contributions to public transportation and to the people of the East Bay.
And just on a personal note, I feel like particularly in this past month, we've lost a number of our lions, those who have mentored us every step of the way.
And it's a tremendous and profound loss.
Let what Chris Peoples did on the AC Transit Board be an inspiration to any of us that currently hold or aspire to hold public office.
He didn't just attend every single meeting.
I don't think he missed one since 1997.
But he traveled all the way across the continent to the Van Hool factory and talked to the CEO of the company, which is how we ended up eventually, after a lot of steps along the way, to, I think, be among the first in the nation to adopt battery electric buses and ultimately hydrogen buses.
And he would take public transit everywhere, no matter how far.
He would look up timetables, even if it took him six hours to get to a meeting across the state.
He would do it.
And just what a way to live your values, beginning to end.
Thank you.
Presente.
Thank you so much.
And thank you.
Can I this is Diane Sean, president of the transit board.
I just want to say, thank you to the city council, the mayor and everyone that was involved in this recognition.
You know, I don't want to read what was just put in the proclamation because all of that is true.
Chris lived this world.
It meant everything to him.
He really was a fierce advocate for public transit, and he really believed in what he did.
He was on our board for almost 30 years, which is pretty amazing.
And as I said, he went to so many different meetings and participated in so many different things.
He was such a champion for the environment.
And he did push AC transit to innovate and to invest and to lead by example in the fight against climate change.
And for that, we're forever grateful.
You know, his loss is not only a loss to his family and loved ones and to us, AC transit, but also to the Bay Area.
And so thank you again for honoring him and doing this.
And I hope he's looking down on us and helping us where he can.
Thank you.
Thank you.
Thank you.
Thank you.
Okay, so we have one more adjournment in memory this evening that will be presented by Councilmember Humber.
Oh, there you are.
Yes.
Yes, thank you, Madam Mayor.
And I'm waiting to read until the family of John Bollarier reaches the podium.
I just want to confirm Bollarier is the correct pronunciation.
Okay, the French pronunciation.
Thank you.
And welcome.
This is John Bollarier's family, and I'm going to read a proclamation in memory of John Bollarier.
In memory of John Bollarier, father and community advocate, whereas John Bollarier was a beloved son, brother, husband, father, and community advocate who left us way too soon and whose memory continues to inspire his family and community, and whereas John dedicated his professional life to advancing scientific understanding, groundbreaking research, and expanding knowledge in the microbiological sciences, and whereas John was deeply empathetic and devoted to improving the lives of others, exemplified by his journey to Mississippi after Hurricane Katrina, where he delivered a truckload of supplies and stayed to help with cleanup efforts, and whereas John was an avid cyclist who dedicated himself to advocating for safer and more sustainable transportation, serving on Seattle's Bicycle Advisory Board and championing improvements to bike infrastructure in both Berkeley and Seattle, and whereas John drew on his firsthand experiences in cities such as Paris and Copenhagen, where innovative bike safety measures transformed urban life to inform his vision for a healthier and more connected Berkeley, and whereas John poured his energy into the successful campaign for Measure FF, striving to improve Berkeley's biking and pedestrian infrastructure so that his son and the entire community might inherit a safer, more sustainable city.
Now, therefore, be it resolved that I, I'm another Adina Ishii, Mayor of the City of Berkeley, do hereby honor the life, legacy, and community advocacy of John Pellarier.
Thank you.
Thank you so much.
And I don't know if you all wanted to say anything in accepting the proclamation.
Well, Emil, I let him know about why John was being honored, and it's because of his activism to bring bike lanes and pedestrian safety to Berkeley.
And Emil goes, but there aren't many bike lanes in Berkeley.
And I was like, well, that's why the measure was passed, Emil, and they're going to work on it now.
So we're really grateful.
And yeah, thank you for helping honor the memory of John.
Thank you.
And thank you so much also for sharing your thoughts.
Okay.
So there are actually two more closed sessions need readouts that I have to do.
So apologies.
Bear with me.
A couple more paragraphs to read.
The council met in closed session on September 8th, 2025, pursuant to government code section 54956.9, subsection D2, and provided directions to outside council and approved a settlement by compromise and release for the release of future medical care or in the alternative by stipulations with request for award with open future medical care as to a worker's compensation matter.
Assigned claim number B.
R.
2, 2, 0, 0, 1, 3, 6, B.
R.
2, 3, 0, 0, 0, 1, 6, and B.
R.
1, 7, 0, 0, 1, 3, 6.
And the council met in closed session on September 8th, 2025, pursuant to government code section 54956.9, subsection D2, and provided directions to outside council and approved a settlement by compromise and release for the release of future medical care or in the alternative by stipulations with request for award.
And the council met in closed session on September 8th, 2025, pursuant to government code section 54956.9, subsection D2, and provided directions to outside council and approved a settlement by compromise and release for the release of future medical care or in the alternative by stipulations for the request for award with future open medical care as to workers' compensation matter.
Assigned claim number B.
R.
2, 2, 0, 0, 0, 4, 7, and W.
C.
A.
B.
Case number A.
D.
J.
1, 6, 0, 8, 2, 2, 3, 8.
Okay, thank you.
All right.
City manager comments.
Thank you, Madam Mayor.
I have 3, 3 things to address.
1, I'd like to remove from the item tonight, the flock camera agenda item 24 until and bring it back on October 28th.
That would give us an opportunity to we can't hear the city manager's comments.
Don't you want to hear them? Go ahead.
Use policy into alignment with the proposed contract as well as some time for us to do a community meeting to discuss both present and potential future camera uses.
Look at other camera providers for their security features and understand that better and also to research other cities who have decided that they don't want to use the services or had had issues with it.
So, to do those things and come back on October 28th.
I'd also like to remove item 8.
We just need more time to bring that back and change the provider.
And item 15, which was actually adopted by the voters and cannot be changed by council.
So we won't bring that one back.
Thank you, Mr.
city manager.
Okay.
Folks, please don't do that.
We want to leave time for public comment.
Thank you.
All right.
So now we will have a public comment on non agenda matters.
All right.
All right.
All right.
All right.
All right.
Okay.
So, I will assume for public comment on items that are not on the agenda.
Each speaker will have one minute each.
Our speakers are Russell Bates, Kim Malczewski, Erica A., Martino, and Andrea Pritchett.
So, those are the five in-person speakers for non-agenda items.
Come up in any order.
And just so folks know, sorry, and just so folks know, even though the item was pulled, I'm going to leave time for people to give public comment on the FLOC item during that time period.
So, it's not on the agenda, but the time to speak on it will be later in the agenda, just so you know.
Okay, thank you.
Okay.
I just wanted to say that.
When it's on the agenda.
Okay, my name is Russell Bates.
I've lived in Berkeley for 52 years now.
Wednesday, Thursday, and Friday mornings, I'm over at 100 Montgomery in San Francisco, where as long as we've had people outside, there's only been two abductions by ICE from there.
So, it's very important that people show up there to prevent the abductions from ICE.
When the National Guard comes to Berkeley, I think, I would hope it would be like when the gangs in Chicago said, when the military comes, there's going to be trouble.
So, they're planning on resisting in a different kind of way.
Radical Berkeley would have resisted in a different kind of way.
I think a lot of people right now will hold their breath until they turn blue.
But, still, there are radical people who will stand in the way and make sure that ICE does not kidnap and abduct people from our community.
And I hope the city council will back us up on that.
Thank you.
Thank you.
Thanks, Russell.
Good evening.
My name is Ken Malczewski.
I'm a retired attorney here in Berkeley.
And I don't know if you all watch the news about what's going on in Gaza about the starvation of children.
How hypocritical.
How racist.
You do this land acknowledgment at the beginning of every meeting about indigenous people here.
What about the indigenous people of Palestine who are being slaughtered with your tax dollars? 15,000 children have died.
The BBC did a report that Palestinian children have been shot in the head and the chest by Israeli frigging snipers.
That's where your tax dollars are going.
Our tax dollars are going to slaughter Palestinian children and babies.
And you won't even pass a resolution condemning the genocide.
How fucking racist can you be? Seriously.
How racist can you be? Have you no shame? Have you no shame? Thank you for your comment.
Have you all except for one beautiful sister here.
Your time is up.
Thank you for your comment.
Have you no shame? Your time is up.
How many protests have you seen? Your time is up.
Excuse me.
Your time is up.
Please step away from the podium.
Your time is up.
Please stop addressing our city clerk.
Thank you for your comments.
Please step away from the podium.
You've had your time.
It's the next person's opportunity to speak.
Excuse me.
Your time is up.
Please sit down.
There are other people whose turn it is to speak.
Shame on you.
Shame on you.
Whoever is speaking next, please come up to the podium.
How can you sleep at night anymore? Excuse me.
Please sit down.
And don't refer to individual council members.
Pardon me? Please step away.
Yes.
Okay.
Next speaker, please come up.
Or we'll move on.
Steve Martino.
I am shocked that the killing has gone on in Kizilagaza for more than a year and a half, and this council still cannot get it together to pass a ceasefire ordinance to give to the United States of America, which is complicit in this.
But I'm just talking to you guys because none of the people out here count because of rules that you go along with, that they are shut out of your procedures.
They can speak, but they cannot call for propositions that are on consent, and they cannot have a discussion with you on those measures or find out what you think about measures that you have put on consent and not on action.
Thanks for your comment.
If there's a specific issue that you're interested in talking to our office about, you can reach out.
Andrea, did you want to come up for your comment? Oh, okay.
Two minutes.
Council members, I wanted to address the item number 15 that was pulled.
In 1973, there were four measures, police reform measures, passed by the voters of Berkeley.
And I want you to kind of go back in time for a second and remember what was happening in Berkeley in 1973.
It was a chaotic time.
Martial law had been declared, and Berkeley was coming out of it and really realizing, wow, federal power, COINTELPRO, it's heavy, it's real, it kills people.
Reviewing those mutual aid agreements with federal and state and other law enforcement agencies should not be a low priority, especially at this time.
We have to review our agreements with ICE.
We have to review our agreements with Customs and Border Patrol, with the FBI, with all of them.
And that should not be a small thing that you do every three years.
I know it's easier for the chief.
I know the chief isn't really as worried about the federal fascist takeover as much as we are.
But we're worried about racial profiling.
We're worried about kidnappers on our streets.
We're worried about the legalization of the neutralization of the Constitution.
We do not have due process, and to engage with other agencies that flaunt our rights is something that the voters very clearly gave you the power to prevent.
We are not supposed to be engaging with abusive departments.
That's an annual requirement, and the fact that it has not been followed should not become reason why it shouldn't be followed.
It's the law.
You are obliged to follow it, as is our police department.
So we're expecting annual reviews, and we are very attuned to ICE, Customs and Border Patrol, and DHS.
Thank you.
Thanks, Andrea.
Okay, going to the online speakers.
The first speaker on Zoom is Gail Simpson.
This is for non-agenda comments.
You have one minute.
Gail, you should be able to.
Yes.
Can you hear me? Can you hear me? Yes, we can hear you.
I yield my time to Madeline Rich.
Okay.
Madeline is the next speaker, so Madeline Rich will have two minutes.
Hi, City Council.
I'm trusting you can hear me.
Excuse me, I have kids in the background.
My name is Madeline Rich, and on the subject of kids, I care very strongly about matters relating to Berkeley's young people.
I myself was one of them, and the beneficiary of going to high school in Berkeley.
So three matters I'd like to bring up.
I hope I get to the third.
We'll see.
Okay.
So, first is, I just returned from the astounding California-Brazil camp in the beautiful Cazadero.
Earlier in the summer, that same campsite is utilized by the Cazadero Music Camp and Cazadero Family Camp.
While I was there, it was unclear to me whether Phase 2 is ongoing, Phase 2 for the soil erosion.
I would say that Phase 2 should be completed promptly, because if not, it puts at risk the dining hall at Cazadero, and that dining hall, the placement of it is extremely important to that camp.
If something were to compromise that dining hall, it would cost the city millions of dollars to fix.
Moreover, it would have to be moved hundreds of feet away from the creek bed, so it would very much change the spirit of the camp, and it would take years to build.
So, I would urge the relevant departments to make sure that Phase 2 is underway and will be completed promptly.
I appreciate the City Council funding Phase 2, however.
The second matter is about Civic Center Park.
I really wanted to commend the City and all of you and the City Manager for getting that open in time for this school year.
The timing is critical, because as a Berkeley High alum, I know just how important having access to Civic Center Park is for those 3,000-plus students at Berkeley High.
It's the social lifeblood of that school, and it's super important that it's accessible for those students.
So, I really appreciate your efforts to get that done promptly.
With that in mind, I absolutely agree that we need housing solutions for all, particularly those that are most vulnerable.
But I think pragmatically that..
Your time is up.
Okay, excuse me.
Sorry, I know it's hard to hear.
Someone told me it's hard to hear on Zoom, so apologies.
But thank you for your comments.
Okay, next is a phone number ending in 000.

Segment 2

Hi, good evening.
The accompanying assistant, Roy, is attending us today.
Please read it carefully.
Read it carefully.
The mayor, ex-mayor, Arreguin, probably will end up being one of the worst mayors the city of Berkeley has ever had.
The city was totally corrupted and incompetent.
A lot of incompetent employees.
And it shows.
Look at the tweet.
The parking car, parking vehicle car, destroyed whatever business Berkeley had.
People come to buy something from us.
On a bus, you got a $60 ticket in the car.
Never mind the tweet.
Okay.
So right now, we need to read the paper.
Mayor Ishii, I called you over the weekend.
You didn't call me back.
Call me back.
I think it would be very beneficial for all of us.
Our businesses have been in business for 60 plus years, and people in Berkeley need us badly.
As far, I think Mayor Arreguin really deserves his title, Genocide Jesse, because he could- Thank you.
Thanks for your public comment.
Next is Della Luna is the next speaker.
Yes.
Thanks.
I wanted to say about the audio, it's really-to listen to the room is super quiet.
And then when we listen on Zoom to a Zoom speaker, it's like super loud.
So we have to stand by the volume button to turn it down.
Otherwise, it'll blast out the speakers.
So if there was a way to just get what's happening in the room to be louder on Zoom, because as of right now, I say it's like at 50%, or sorry, excuse me.
I meant 5%.
It's really, really low.
So I have to turn it up to 95 to hear you all, and then turn it down to like 14, so that I can hear, not blast out my speakers.
So I'm hoping if I say something now that it can be fixed for this meeting.
Thank you.
Thank you, Della.
I'm so sorry about that.
I've heard that that's an issue.
And I think that they're working behind the scenes to try to fix that.
So I'll make sure our council members speak up as loudly as possible so that you can hopefully hear us better.
Okay, last speaker is a phone number ending in 211.
And you should be able to unmute.
Phone number ending in 211.
Press star six to unmute on the phone.
Nope.
Okay, they dropped off.
So last speaker is Cheryl Davila, former council member.
Oh, okay.
Good evening.
Can you put the mic on? Can you start my time over? Thank you.
Good evening.
I'm Cheryl Davila.
I'm a former council member in the city of Berkeley, and a former Human Welfare and Community Action Commissioner, where I added to the agenda in 2014 to divest from Israel Apartheid, was removed, and then became a council member beating a 12-year incumbent.
Divestment from Israel Apartheid didn't happen then.
But, you know, there's still time.
That was 11 years ago.
And now, it's not real, has been bombing, starving, genociding, holocausting, Palestinians.
Humanity, where is your humanity? Do you have any humanity? I don't know, because y'all looking not good.
But, you know, we haven't shown any humanity.
And it's really disgusting that your elected officials not showing humanity when people are dying and starving.
I know my time is up, but I'm not finished.
And people are starving.
So, please.
Your time is up.
Her time is over.
We have so many speakers.
Please.
Decorum.
We're going to take a two-minute break.
So, excuse me.
I'm speaking.
We're going to take a two-minute break so that we can try to fix the sound issues.
Thank you all for your patience.
Shame.
Shame.
Shame.
Shame.
Shame.
Shame.
60,000 Palestinians are dead, and you can't say a word? You can't publicly condemn it? So, you're feigning your political petty careers.
So, your political careers are more important than the lives of Palestinians.
God forbid you might get targeted by AIPAC.
Oh, no.
They might accuse of being anti-Semitic.
How many of you know that the Palestinians are anti-Semitic people? Did you know that? Palestinians are anti-Semitic people.
Did you know that? Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Okay.
Okay.
I'm sorry, everyone.
This has been frustrating.
We've had a lot of issues with sound over the last year, and I know they did some work and an update, but we're still here.
So apologies.
We're going to call the meeting back to order.
So, folks, if I could have you quiet down, please.
Folks, I know there's a lot of whispering going on.
If we could just, if we could be quiet for a moment so I can move us on to the next piece.
Okay.
So the next thing on our agenda is the public comment by employee unions.
Are there any unions here this evening? Maybe someone online? If there's any representative of an employee union that's here to speak during the designated time that's on Zoom, raise your hand.
Otherwise, we'll move on.
Yes.
Sure.
I wasn't made aware of any.
Okay.
Okay.
Let me know if you see a hand so we can warn people to turn down their volume.
No.
No hand.
Okay.
Okay.
Very good.
So then next thing on here is we have two urgent items.
So I'm going to allow Councilmember Blackaby and then Lenapara to introduce those items.
Great.
Thank you, Madam Mayor.
Thanks to my colleagues.
In the SUP 2, we submitted our urgent item.
It's a letter from the Council in support of three key state bills supporting wildfire risk mitigation.
These bills advanced out of the suspense file in both the Senate and Assembly Appropriations Committees recently, after the deadline for submission for the agenda for this meeting.
These three bills are now headed to the floor of the Senate and Assembly for final consideration with a Friday deadline to be passed and sent to the Governor.
So I'd like to recommend that the Council send a single letter of support for all three bills together to the Senate President Pro Tem, to the Assembly Speaker, to Buffy Wixon, Senator Argueen, and to the bill sponsors with the support of our Council.
The letters would go out tomorrow ahead of the Friday deadline.
And the three bills are SB 326, which would establish a wildfire risk mitigation planning framework.
It would help the state target investments to make the greatest impact, including homeowner assistance funds, which would be really necessary and useful for what we're doing here in Berkeley.
AB 1143 would champion home hardening with a certification program, helping residents implement the most effective home hardening measures during renovations.
And AB 888 would bring financial support for home hardening to residents by establishing the California Safe Homes Grant Program.
All three bills would make a big difference statewide, but really help support Berkeley as we work to implement EMBER.
So I'd ask for my colleagues' support urging passage of these three bills before Friday's deadline.
Thank you.
Thank you very much.
I think that we need to vote in order to add it on to the agenda.
Do you want to do them together? We could do them together.
Let's do them together.
Go ahead, Council Member Lunapara.
Thank you.
This item is a letter to the governor's office on September 6th, 2025.
The governor's Department of Finance reported that it would not be finalizing the promised loan agreement to public transit, agencies until 2026.
But our transit agencies cannot wait any longer before cuts.
Public transit is what connects our cities.
It creates a profound, rich and diverse regional community in the Bay Area.
And without funding for it, we risk forcing residents to rely more on cars and gas vehicles.
This letter intends to demonstrate our steadfast support for funding for these public transportation agencies that keep our city and region running, moving and thriving.
Thank you.
Thanks so much.
And I would like to add Council Member Keselwani as a co-sponsor.
That's great.
Thank you.
OK, so shall we vote then to.
Yes, I move that we adopt both urgent items as part of the consent calendar tonight.
OK, thank you.
Yep.
OK.
To add the two items and then who was the co-sponsor being added to your item? Council Member Keselwani.
Thank you.
OK.
OK, so to add those two items to the agenda pursuant to the Brown Act requirements that requires a two thirds vote.
I'll call the roll.
Council Member Keselwani.
Yes.
Taplin.
Yes.
Bartlett.
Yes.
Dregub.
Aye.
O'Keefe.
Yes.
Blackaby.
Yes.
Lunapara.
Yes.
Humber.
Yes.
And Mary Ishii.
Yes.
OK, those two items are now added to the consent calendar.
OK, very good.
Thank you very much.
Thanks, everyone.
OK, so at this time, if there are any council members who have any comments on consent, can you please press your button? Council Member Lunapara.
Thank you.
I would like to give $500 to item 23, the Waterside Workshop item, and thank Council Member Taplin for writing this.
I also wanted to say that I'm very grateful to the community members that noticed that item 15 violated the 1973 Measure 4 ballot measure leading to its removal from the agenda.
And thank you to the city attorney and the city manager for their diligent work to make sure that we're complying with the laws approved by the voter.
Thank you.
Thank you.
I was going to say this.
My parliamentarian is not working, so I'm going to just go.
Council Member Dregub, then Bartlett, then Blackaby.
Thank you so much.
On item 23, I would like to thank Council Member Taplin for doing the item.
I would like to request to be added as a co-sponsor and will contribute $100 for my D13 account.
Yes, thank you.
I just wanted to uplift item 3, which is a contract of the Throne Lab Portable Toilet Pilot Program.
This is a pilot for portable toilet services at two locations running for four months and with the possibility of being extended.
One of the locations is at Civic Center Park.
It was beautiful to see it grow up sometime either yesterday or maybe even before that.
I would like to thank the city manager and all the staff who made this possible, along with just tremendous gratitude for everything staff has done and continues to do to ensure that our beautiful public spaces are open for public uses.
Civic Center Park looks beautiful.
With the portable toilet installation, it is even more accessible.
Thank you.
Thank you.
Council Member Bartlett.
Thank you, Madam Mayor.
I'd like to ask if I could a co-sponsor item 23 with the Vice Mayor, Waterside Workshops.
Yes, thank you very much.
Thank you, Mr.
Vice Mayor.
See, I remember that.
And also give $250 from my D13 account in support of this wonderful event.
Thank you.
Thank you.
We're going to go Blackabee, Humbert, Keserwani, and then O'Keefe.
Great.
Thank you, Madam Mayor.
A couple of comments.
I want to join Council Member Trageb in thanking the city manager and the team for launching the Throne Pilot.
It was great to see it in Civic Center Park and look forward to future installations.
On item 23, please, on behalf of District 6, we'd like to contribute $250 towards the Waterside Workshops.
And then comments on a couple of the information items.
In particular, information item 26, which is the Zone Zero Implementation Plan from the Fire Department.
I just want to appreciate the work that Chief Sprague and Assistant Chief Arnold did on this plan.
This is one of the recommendations that I authored and that Council unanimously approved in June, which was to do this implementation plan.
And I'm glad to see it back before us tonight.
I'd like to highlight just a few things in here because I think it's really important and exciting to see what's already happening around Ember.
First is that the department has narrowed the annual inspection for defensible space down from 9,000 parcels to just under 1,400.
These are the very key properties in the Grizzly Peak and Panoramic Mitigation Areas, that very high, very high fire zone.
This is giving inspectors the ability to give more time and attention, typically an hour or more, to those homeowners closest to the WUI.
So these inspectors are now providing two walkthroughs.
One based on the existing standards and two based on what the 2026 code requirements will be.
And working with residents to create a phased step-by-step work plan of getting from here to there to improve their resilience.
This is an amazing approach with guidance and support in our fire department, working hand-in-hand with neighbors.
And I really appreciate that detailed work because this is what it's going to require.
Two, thanks to this work, we've seen a significant increase in resident participation.
You know, the number of properties that are getting full 360-degree inspections, front yard, back yard, side yard, that's increased from 36% to 56% since they've been doing this new work.
More and more residents are actually walking around with the inspectors.
It's gone from 13% to 47%.
Participation in the city's CHIPRA program has substantially increased from this year versus last year.
I'm seeing this happen in my own neighborhood.
Neighbors are self-organizing and saying, hey, let's organize vegetation management weekends.
Let's get the city's CHIPRA program involved.
And so far, we've hauled more than 2,300 cubic yards of material out of the hills just this year, which is a substantial increase over last year.
They're updating the website with GIS maps that you can input your address and look and see which fire zone you're in.
They've designed and launched a new resident assistance program, which is distributing this million-dollar CAL FIRE grant to homeowners who need more support for vegetation clearing.
As a matter of fact, we're having a webinar this week to educate the community about the program, who qualifies, and how to apply.
They've launched this WUE Vegetation Workgroup, which is a group of local residents with BFD staff who are giving input on specific language in the fire code, which is going to come back to the council later this year.
There is so much going on, and I just want to uplift the work that the fire department is doing.
I look forward to this impact that they're having, and I encourage the department to come back to council with any additional support you need to successfully implement EMBR.
I think we're off to a good start.
We know there's a lot of work to do, but I appreciate the diligence that they've put together in pulling this together.
Two other items.
Item 27 was the fire department's fire prevention audit, their report back.
Again, thank you to the chief and his team for continuing to track that in response to the audit that our auditor, Jenny Wong, did.
Also, item 30, Berkeley Police Department's update on the CityGate staffing report.
I'll note that there were 54 recommendations in that report about how to adjust staffing and structure of the department.
They've already implemented or are in the process of implementing 14.
Again, I appreciate that update and look forward to continuing updates on that work.
That's a lot.
Thank you.
Thank you, Council Member.
Exciting work being done.
So, Council Member Humbert.
Thank you, Madam Mayor, and thank you, Council Member Blackabay, for that report.
I'm going to, for that summary of the report, I'm going to go read the report.
It's very important.
I want to, as to item number 23, the Waterside Workshops, a relinquishment of Council funds for the Land and Sea Party 2025.
Council Member, or rather, Vice Mayor Taplin has asked me to be a co-sponsor on this item, so I guess I'm the fourth.
Then it would be my privilege.
Thank you for inviting me.
This is one of my very favorite Berkeley nonprofits and my go-to place for component donations and bike repairs.
And I've actually got a couple bikes I'm going to contribute to them as well.
I'd like to contribute $500 from my D8 discretionary budget to this worthy cause.
Again, the Land and Sea Party 2025.
Thank you.
Thanks.
Okay, Council Member Cassarwani.
Thank you very much.
I'd like to be recorded as donating $100 to Waterside Workshops.
I believe it's item 23 from Council Member Taplin.
Thank you very much.
That's all I have.
Thank you.
Council Member O'Keefe.
Yes, I don't have anything prepared to say, but I do want to make sure I'm on record as donating $250 to the Waterside Workshops item.
It's a wonderful program.
Thank you.
Vice Mayor Taplin.
Thank you.
Council Member Taplin.
Thank you very much, Madam Mayor, and good evening, everyone.
I want to thank Council Members Inapara and Blackaby for their urgency items.
I want to thank my colleagues for their support of item 23, and I want to encourage everyone to attend the Land and Sea Party.
I want to thank our wonderful community partners at Waterside Workshops for the work that you do and the work that you do to provide economic opportunity for youth of color.
Thank you.
Thank you.
I will be there on Saturday, and I would also like to put $250 from our budget towards it, so thanks.
Okay, moving on, we're going to close the comment period for Council Members and move on to comment on consent calendar or information items only.
Good evening, Mayor and members of the City Council.
I wanted to thank Council Member Inapara and the Council for the urgency item on BART funding.
Commissioner Alfred Tu and I are bringing a similar item to the Rent Board, which is unfortunately later this month, maybe a little bit too late, but I wanted to really encourage you all to do everything you can in your capacity to advocate for this funding and additional funding for BART for our communities.
This is a really critical issue for tenants.
We know that tenants are disproportionately reliant on transit, and I also wanted to offer my support if there's any way that the Rent Board and myself can help advocate for these issues in Sacramento.
I want to be a partner, so thank you.
Thank you.
Thanks for coming.
Hello, Brian Lau, External Affairs Representative at AC Transit.
I just wanted to correct the record.
It is not exclusively BART funding, but thank you to the Council for continued support for public transit, particularly Council Member Inapara and your co-sponsors.
This $750 million loan is critical to bridge that gap to a potential revenue measure.
There's nothing even on the ballot or anything like that yet, but it will help avert some really critical impacts to operations, echoing the service levels that we saw during the pandemic.
So we really don't want to repeat that, and this bridge funding will definitely make a difference.
So there's a lot of details that are still not nailed down, so we encourage if the City Council can encourage the Governor's Office to maintain communication with us to really nail down those details.
I think that'll be really important.
Thank you.
Hi, Mayor and members of the Council.
My name is Asan Ndi.
I'm the Executive Director of the Northern California Land Trust.
I'm here to speak in support of Consent Agenda Item Number 11.
As a community land trust in South Berkeley, we look forward to seeing that lot developed and are supportive of the current plans and development team.
We want to thank you particularly for investing in pre-development dollars because it's really important for emerging developers, and we look forward to engaging with you about plans for the East lot.
Thanks so much.
Thank you.
Hi, good afternoon, Council.
I'm just here to pull down the mic.
Sorry.
Hi, guys.
I just wanted to use this time to urge the Council to adopt Item Number 25 to make Berkeley a sanctuary city to codify that.
Oh, I'm sorry.
This is actually just for consent calendar information items only, but you're welcome to come back to speak during that time.
Thank you.
Hi, Carol.
Hi.
It's not clear to me if the opioid litigation that you just spoke to, the settlement, is included now into the consent calendar.
I'm hoping that this money comes directly to Berkeley.
We very much need to expand our substance use program.
Sorry, that's actually not on the consent calendar.
It's actually just it was from a closed session readout.
That's what it was.
So just so you know.
Thank you.
And it's coming to Berkeley.
That's that was what the item was.
Thank you.
OK, come on up.
Good evening, Council members.
Justin Smith, I represent Adeline Alliance team.
I want to thank all of you for for acknowledging and being part of the Item 11, which is on the consent agenda.
Thank you for your support of that.
And I also want to thank the community for your support of the Adeline Alliance and the Ashby BART station.
We are where the selected developers for the West a lot.
And so bringing affordable housing, bringing economic opportunities, bringing health care, bringing other types of things to that particular lot is very important to us.
And it's important to the community.
So I want to thank you for your support of that item.
Thank you.
OK, anyone else?.

Segment 3

I'm going to turn it over to you.
So it's nice that you're supporting the water side.
Organization.
But you know, sadly in Gaza.
There's hundreds of thousands of people that have been disabled.
And.
They don't have access because they're being starved.
They're being martyred.
They're being shot to kill.
They're being bombed.
They don't have water.
They don't have opportunities like they would if they were.
And so.
I hope that the Holocaust and Gaza.
Doesn't give them an opportunity to have prosthesis or any of the things that might help them live.
Thank you.
As a district to resident, I also want to add my appreciation for the support that you're giving to the water side bikes.
It's a great operation.
They do great work.
They're so accessible.
Your money is well spent there.
I do want to also just notice that in terms of where water is, it's kind of perilous because if you go down to aquatic park, you see this giant.
Oh, I think of it as a white elephant, but this empty lab space.
That took over our park.
I'm talking about if you go down there, there used to be a park and you could kind of give yourself the sense that you were in a park.
And now it feels a lot like being on the front lawn of some corporate enterprise that has no relationship really to the community down there.
So I'm hopeful that my council members hearing me, I'm hopeful that my council member will respond to phone calls or emails.
And I'm hopeful that district 2 can have some community based development rather than corporate labs.
Thank you.
I'm quite short, so I'm going to need to turn this up.
Hello.
I would just like to speak in support of the of the loans plans and the letter plan to be sent to Governor, Governor Gavin Newsom.
Because, as you know, Berkeley has a very significant student population, and many of those students rely on BART, especially to get to San Francisco, parts of the Bay, San Jose, et cetera.
So I think that this is very important, especially for the community.
And I would like to emphasize this.
I think it's great.
And yeah, that's all.
Thank you.
Thank you.
I meant to mention, I also sent a statement on Monday to the rally that happened and also sent my own letter to the governor.
So thank you for speaking on behalf of in support of that.
Hi, Russell.
Did you have a comment on the consent calendar? Yeah.
You did say we could speak on cameras, even though it was taken off during during that time.
So when it would have been on the action calendar, so it would have been on item 24.
So you can speak about it then.
OK, after this.
OK, I'll let you know.
I promise.
OK, thank you.
Hi, Maria.
Thank you for your help earlier.
That's why I wanted to come up.
First of all, I hope you all had a good month off or as good as it could be.
And I'm really happy that y'all are back and especially mayor that you have this open space enough for all of us to come, even though some of us are quite unique.
Right.
It's like you still provide the space.
And that's what I'm trying to speak to, because we can't create peace if we're not in peace.
If I want to say no to abuse, which I always do, I don't want to be abusive.
Certainly doesn't make me wimpy.
Agreed.
So I just want to check if there's something on the consent or the information consent is.
I'm thanking you for this space and for coming back and for allowing us to somehow another work together.
Hopefully.
Thank you.
Thank you.
Support of the consent calendar.
All right.
Thank you.
Thanks, Maria.
So this would be the time if there's any attendees on Zoom who wish to speak to a consent calendar item or an information item.
Now would be the time to raise your hand.
Item public comment on items on consent.
Okay, 1 speaker iPhone.
You should be able to unmute.
Hi, can you hear me? Yes, thank you.
My name is Marilyn Kong.
I live by the ash part station.
I'd like to just call in in support of consent item number 11 for the funds for the development of affordable housing.
Thank you.
So I urge the council to stop it.
Thank you.
Thank you.
And we have one more hand that is raised for consent calendar.
And that is Della Luna.
Thank you.
And also wanted to say that the improvements are noticed.
So the camera the view everything is much better.
And I just wanted to say thank you.
Thank you.
And that's it for consent calendar comments.
Okay, very good.
Thank you.
Is there a motion to approve the consent calendar? So moved second.
Okay, can you take the role, please? Or you could everybody's here.
Okay, great.
Well, it's approved.
Thank you.
Sassing me today.
All right.
So, we are now moving on to the action calendar, but I'm just going to check and see if maybe folks want to take a quick break.
I think we should take like a 510 minute break.
Yeah.
Okay.
Thank you everyone.
We'll be back in 10 minutes.
Recording stopped.
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Okay.
Everyone take your seats, please.
I think we're missing a couple of council members.
They'll be back soon.
Okay.
So now we are moving on to the action calendar.
And for item 24, which has been removed from the calendar.
If folks have comments, they can stand up and speak still.
And I will give folks one minute each to speak.
And yeah, and we'll start over with kit.
Okay.
Julie Dickey who's on zoom is giving me a minute.
So can I have two minutes? Typically we allow people who are like here in person to give folks in person a minute.
So if there's someone else who would give you a minute in the audience, you can do that.
But this time I spoke here, it was the same arrangement and I was given a minute from Julie Dickey.
Okay.
So it's not.
All right.
Go ahead.
Go ahead so much.
Okay.
So I want to call your attention.
I want to call your attention to the actual wording of what we're looking at in the piece that's now been delayed.
And that is, I'm actually going to start with a piece of PR that flock put out where it says flock has accepted Berkeley's contract language, forbidding them from sharing Berkeley's data with federal agencies, unless compelled by law.
So that, unless compelled by law is a very important part, unless it's basically a different wording of it, right? If compelled by law, we will hand over the data.
And the same thing is true in the contract language that was put in out in the materials for this tonight, where it says a flock receives a legal request or demand, including subpoenas, courts orders, or other process, et cetera.
To the extent legally permitted flock will properly promptly notified customer.
in other words, if they are not legally permitted to notify the customer, they won't.
So you need to be aware if you're not already of FISA warrants, right? There is a court.
It's still totally in existence.
All of its members are appointed by chief justice Roberts.
And a FISA warrant says, you get this warrant, you go to a source of information.
They are not allowed to tell anybody they got the warrant.
They are not allowed to reveal to anybody what they have produced in, in response to the warrant.
And if somebody does not want to respond to this warrant, they can go to prison.
So you may not be aware of that, but this language is basically advertising, get a FISA warrant.
And that will tell us that we're not going to tell Berkeley anything about we're handing over to them.
It doesn't say, by the way, that we're unable to get the information that flocks unable to get Berkeley's information.
It says, if we're legally compelled to give it over.
And of course, you know who you're up against, the Trump government.
Don't, you should not doubt that they will use this, this method.

Segment 4

Thank you so much.
Thanks, Kit.
Come on up.
We've got a lot of people, so as soon as someone steps down, everyone move on up.
Go ahead.
Yes.
Yeah, my name's Steve Konofsky.
I'm a Berkeley resident.
I'm also a member of Showing Up for Racial Justice Bay Area.
I am deeply concerned that the City Council is considering approving a contract with Flux Safety.
It's more crucial than ever that our city policies protect our immigrant populations and all of us from further fear, intimidation, and potential deportation.
As others have shared or will share, Flux Safety has been violating its contracts with other municipalities by sharing their data with the federal government.
Do we really believe that Flux won't do the same here, regardless of promises made or contracts signed that our data may not be shared with federal agencies? When has this administration or our upper courts followed any due process when it fits their extremist agenda? More surveillance is not the answer.
It helps some of us feel safer at the cost of the perceived safety of many others, especially our immigrants and people of color.
Of course we all want to feel safe, and the evidence is crystal clear that the major key to public safety is safety for all of us, not improved surveillance.
Thank you.
Thanks for your comment.
I cede my minute to Rebecca.
Hi, Mayor Ishii and Berkeley Council members.
My name is Rebecca Gurney, and I'm speaking on behalf of East Bay Sanctuary Covenant.
Located in Berkeley for 40 years, EBSC has provided legal and social services, community organizing, and education to support low-income immigrants and people fleeing violence and persecution.
We reach over 12,000 people a year and help them on their path from asylum to citizenship.
We work directly with undocumented immigrants who come to the Bay Area to seek safety and rebuild their lives.
Many people we serve have experienced atrocious violence and deserve to be welcomed, not demonized and forced into the shadows.
Earlier this year, I witnessed two individuals kidnapped off the street in Los Angeles, a practice of racial profiling that just yesterday the Supreme Court ruled could continue.
In this moment of incredible vulnerability, with the full weight of the federal government being used to villainize immigrants and separate families, our immigrant community members look to this council for support and protection.
The Berkeley City Council has been a steadfast partner in this work for the past decade, and the council should not jeopardize this track record now by starting a new contract with Flock Safety, a company that has broken its contracts with other sanctuary cities to illegally share data with the federal government.
While some believe that there are benefits to these cameras, they cannot in this moment outweigh the threat that contracting with Flock poses to our undocumented Berkeley community, who are actively under attack, and to all of us as we resist federal overreach into our data.
We want our neighbors, friends, and family to feel comfortable leaving their homes, going to work, going to school, or to use the hospital, without fear that the very security cameras that are supposed to keep them safe are instead exposing them to immigration's enforcement.
The best way to protect our data is to not collect it at all.
Regardless of the proposed strength of Berkeley's contract, Flock is untrustworthy and has a track record of working with Trump and ICE.
Cities and countries are actively terminating their contracts with Flock.
Why would Berkeley risk its residents' safety, given the evidence we have before us? Thanks, Rebecca.
Hi, everybody.
I don't expect generic-looking white people to understand this, but if you've ever been in a crowd and heard the cops say, get the redhead, you know what it means to stand out.
Now, the Department of Homeland Security, working with the Flock cameras and all that, got a note from a person, a sister-in-law got this message yesterday, and she's a naturalized citizen.
Message from DHS, self-deport with dignity.
Get a free flight, $1,000 per family member, and civil fines forgiveness.
Learn more at dhs.gov.
The point is that people of color will be singled out and are being singled out every single day now.
Unless you want to be that get-the-redhead the cops are after, you've got to stand with the people of color and definitely do not go for this Flock stuff.
It's got to go to ICE.
It's got to get there sooner or later.
The cops are going to report people.
Don't do it.
Get rid of Flock.
Thank you.
Thanks.
Some enterprising folks in a small Midwest city used a public records request to get logs of Flock searches conducted by outside jurisdictions.
It shows thousands of nationwide searches just in the last few months for immigrant immigration, ICE, ERO, that's Enforcement and Renewal Operations, and HSI, that's Homeland Security Investigations, despite non-cooperation laws, originating from places like Texas, Arizona, and Georgia.
Why? Maybe ICE uses police around the country as fronts.
Here's a few pages of those records with personal info redacted.
By the way, Flock's lead investor is private equity firm Andreessen Horowitz, that's the same multi-billionaire Mark Andreessen, who's a major figure in far-right authoritarian politics.
I'm sorry, your time's up.
Thank you for your public comment.
Thank you.
Good evening.
I'd like to yield one minute to Abigail.
Hi.
Good evening, everyone.
Abigail Esquivez with Social Justice Collaborative, Director of Partnerships and Advocacy.
Social Justice Collaborative is based in Berkeley and provides legal services and social support to immigrants with low income.
I want to start by sharing gratitude.
In the last few months, a lot of people have come together to face threats and harms against our community.
The sanctuary ordinance was another effort born of collaboration, and we'll talk about that soon, but I think that our community has worked together to keep each other safe and honestly sane.
Flock is not the solution to community safety.
Safety comes from investing in one another and making sure our communities have what they need.
The facts are that not only has Flock colluded with federal agencies, but they also have lied about doing so.
The basis of Flock and surveillance cameras is tied to the same systems of harm that SJC and all of our partners work against every single day.
Moreover, the communities most impacted by surveillance and data collection are the same communities targeted by this administration.
This isn't just true for immigrants, but for communities of colour, as a Supreme Court reminded us yesterday.
I've told this story to a few of you before.
Council Member Kesarwani Mehta and I actually met with you the morning of.
I had just driven here from Sonoma County, where I was responding to a rapid response verification request.
Early when I pulled into the almost empty parking lot, hoping it was another false alarm, less than 10 minutes later, four unmasked men and one agent along with one agent abducted a community member into the back of a brown van.
I think about this moment often.
I think about what I could and should have done differently.
My friend shared with me, I just wanted to show up to an easy morning with no witnesses and no resistance.
The presence of legal observers made their job even of a fraction more difficult.
Today, we're asking you that you reject Glock and make immigration enforcement's job more difficult.
Thank you.
Thank you, Abigail.
Hi, sorry.
OK, round two.
OK, I want to urge the Berkeley City Council to adopt item 25 as a resident of Berkeley.
Oh, sorry.
We're on item 24.
Sorry.
That's right, third time's the charm.
Thank you for coming.
Hang in there.
One more, one more.
Hi, my name's Glenn Turner, District 5.
And I was here when Glock explained everything to you guys.
It was really late at night.
It was a very long night.
And he was a very persuasive sales.
And he kept, everybody, you know, should have and did ask, would you be sharing this? And oh, no, no, no, we won't be sharing this.
And then, you know, I couldn't believe that you actually believed him.
And that totally shocked me with one abstention and everybody else just seemed this was OK.
And yet we know that there's a back door to all these Glock cameras.
We know that they've already abused the system.
We're militarizing our police.
And really, there's only one way we should go is sanctuary, not surveillance.
Please, delay this or veto it.
Please do not take this step.
It's been delayed, just so you know.
Just for folks who weren't here at the beginning.
So this item is, we're hearing the public comment since folks came and it was agendized.
But it's not going to be voted on and we're not going to discuss it this evening.
So it's been pushed and the city manager shared some things that we'll be looking at and including an information session about this in particular.
So thank you.
Go ahead.
Hello, my name is Lily Grodzins.
I first just want to start off my comment by thanking the people who are outside today making noise for Palestine.
Thank you for not letting the people starving in Gaza be forgotten.
But I just wanted to address the issue of the flock cameras as a Berkeley student.
Regardless of what you guys say about the crime rate, I feel incredibly safe.
In fact, the only people I am scared of in this city are cops.
And I think it is incredibly important to remember that most private businesses already have cameras that cannot be compelled to share their footage with ICE and to abduct community members.
So I need you guys not only to reaffirm sanctuary status but actually put some teeth behind that.
Don't say you're going to reaffirm sanctuary status while adopting cameras that legally have to share their footage with ICE if ICE asks them to do so.
Make sure you are actually making ICE's job difficult, not just saying you're going to stand up for our community.
Thank you.
Thank you.
Thank you.
A lot of people have made a lot of..
Come a little closer.
Yeah, there you go.
A lot of people have made a lot of really good comments.
And I feel like I'm totally impressed with that.
And I just wanted to say that to have this item even considered, and it is being considered now even though it's been delayed, followed by 25, the Sanctuary City item, there's an enormous irony.
And the question is, what does the city of Berkeley really want to be? I want the city of Berkeley to be a true sanctuary city.
That's all.
Thank you.
Good evening.
I'm a 40-plus-year resident of Berkeley.
And in the course of my career, I've spoken to many city councils but not this one until today.
I'm here to speak on behalf of people that are at risk and that we need to help protect.
So please take whatever action you need to not enter into this contract in October.
If there's any sorts of MOUs or other side agreements that have been agreed to, please direct the city attorney to review those and to figure out how to exit them prior to considering this item in October or whenever it comes back.
Thank you.
Thank you.
Thank you.
Good evening, council members.
My name is Jason, and I'm here to speak about surveillance.
And I hate giving public comment, but here I am.
Today, Berkeley is voting to add sanctuary status to our city code, which I applaud.
However, this seems like an empty gesture if we also install surveillance systems that make our most vulnerable community members unsafe.
These systems have been proven to collaborate with ICE, fundamentally incompatible with our sanctuary commitments.
We are now living in an authoritarian regime, and we should not do the job for them by voluntarily adding these systems to our city.
We do not own or control them.
The vendors do.
So whatever policies or protections we might wish to implement, they are not sufficient to protect the data from being shared, as recent examples with FLOC have shown.
Surveillance does not keep us safe.
I urge the council to use this money in more productive ways than our Reimagining Public Safety Task Force recommended.
Thank you very much.
Thank you.
Hello, my name is Amelia Majerzyk.
I'm a resident of District 4, and I just want to urge you guys not to proceed with the contract with FLOC and urge you to think about what it says to the residents of Berkeley if we re-sign a contract with a company that's been proven to lie to people about what they're for and what they do.
And I think that just doesn't make us feel very safe and protected, and it certainly sends a wrong message to our marginalized communities here in Berkeley.
And if we can just see there's a bunch of cities across the country that have already moved to terminate their contract with FLOC, so I think we should look at that and follow their lead and not take this lightly.
Thank you.
Thank you.
Hello, my name is Melissa McGrath.
I'm a member of District 4.
I just recently moved to Berkeley, especially for the school.
I'm a PhD student there, but I moved to Berkeley because of its values of welcomeness and inclusion and diversity.
And I think if you're a representative of Berkeley, then you should protect the immigrants.
And I think it's clear that the Trump administration blindly targets people of color, regardless of their legal status, so I urge you to vote no and not allow the FLOC to continue with Berkeley.
Thank you.
Thank you.
Hello, City Council.
I'd like to start by thanking you for allowing us to make public comment on this item, even though it has been tabled to October.
I really appreciate that.
I also want to point out that I know you guys have gotten our emails.
I know you've been meeting with us.
I know you see how many people have come to this meeting, even though it's late and we all have school and we all have work, and this is just the beginning for us.
We are not going to get tired.
We are not going to give up because we want a real sanctuary city, and we are going to keep fighting and badgering you and bothering you until we have an actual sanctuary city.
And so that means not making new contracts with FLOC.
That also means canceling existing contracts with FLOC because we have ALPR, automated license plate readers, in this city that are contracted with FLOC already.
So we will not be done until this upcoming contract is canceled and the existing contracts are canceled.
And again, we will be calling you, emailing you, showing up to city council, bothering you over and over and over again until we truly have a city that is safe for all of us.
Thank you.
Thank you.
Good evening, mayor and city councilors.
I'm an UC Berkeley student, and I'm speaking on behalf of the Cal Berkeley Democrats.
I'm asking you all to please, when you end up considering this item, to please not approve the contract with FLOC, and not now, not ever.
I know that you're all good people, that you care very deeply about public safety, but this contract puts immigrant communities in Berkeley at an unacceptable risk level.
We all know that the Trump administration is going to subpoena the FLOC info.
You know it.
I know it.
Everyone in this room knows it.
And while it might seem a worth trade-off to you if you go forward with this contract, I would encourage you to think it through fully and think about whether it will still be a worthwhile trade-off if you are faced with a relative or a friend or someone who knows someone who was deported using the information that they got from FLOC that you let them get.
And if they come up here and ask you whether it was worth it then in the future, will you still feel the same way? Thank you very much for your time.
Thank you.
Good evening, council members.
Mayor Ishii, my name is Audrey Kramer.
I am a student at UC Berkeley living in District 6.
I am urging you to oppose the proposed motion, or oppose the proposed contract with FLOC safety.
California state law prohibits police from sharing ALPR data with out-of-state and federal agencies.
FLOC has allowed for many, many violations of this law.
FLOC has shared much of their data with federal agencies, notably ICE.
I am proud to live in a sanctuary city, which is frankly why I am perplexed why you are allowing a company that we know works with ICE into our city and into our security systems when cities across the country are currently terminating their contracts with ICE.
You swore to keep undocumented citizens safe, but what of their data? Giving it away will never make them safer.
FLOC is a disreputable company who have repeatedly violated state law and shared their data to aid ICE, which is why I am asking you to oppose the proposed FLOC contract.
Thank you for your time.
Thank you.
Good evening, city council members.
My name is Taj.
I currently serve as a disaster and fire safety commissioner with the city, but I'm speaking on my own personal accord tonight.
I'm speaking tonight in opposition to the proposed contract with FLOC safety for fixed surveillance cameras.
While I understand the intent is to increase safety, I believe this approach risks infringing on the very civil liberties that make Berkeley unique.
Our city has always stood as a beacon for free expression, protest, and civic engagement.
Installing permanent surveillance cameras in public spaces creates a chilling effect on those rights, particularly for marginalized communities and individuals who may already feel scrutinized or overpoliced.
Residents should not have to weigh their right to free assembly against the fear of being monitored.
It's always important to acknowledge that surveillance cameras have a mixed record when it comes to actually preventing crime.
Too often, they create a sense of security theater rather than addressing the root causes of harm in our community.
What cameras do reliably create, however, is a permanent infrastructure of monitoring that outlasts the original stated purpose.
Would anyone..
Thank you.
Okay, one minute from here.
What cameras..
Once installed, these systems can easily be repurposed or expanded in ways that future councils or even the public may not have anticipated.
We also have to be honest about Berkeley's history.
The Berkeley Police Department has previously gone far beyond reasonable limits when it comes to surveillance, from tracking protest activity to seeking out technologies that erode community trust, as well as stonewalling Berkeley's residents' FOIA data requests.
Given that track record, expanding fixed surveillance infrastructure without strict and narrow safeguards is not just risky, it's a step backward for a city that prides itself on civil liberties.
At the same time, I want to be clear that I support the responsible use of technology when it is narrowly tailored to a genuine public safety need.
One of the most urgent threats we face is dangerous driving.
Speeding drivers cause crashes, traumatic injuries, and deaths in Berkeley.
These harms are not theoretical.
They are real, preventable tragedies that affect families, pedestrian cyclists, and motorists alike.
If we're going to invest over half a million dollars in technology, the priority should be on measures that directly save lives, such as speed safety cameras and automated traffic enforcement tools.
Unlike broad surveillance cameras, those technologies are targeted..
Sorry, your time's up.
Thank you.
Thank you.
APPLAUSE Hello.
I would just like to preface this with a general statement that I don't believe that anybody in opposition to this bill is in opposition to public safety.
I think that public safety, especially in an urban environment like Berkeley, should always be a very important and cared-for issue.
However, given the growing authoritarianism that is present in the White House, I don't believe that necessarily increasing surveillance is a good idea, especially with a company which has, in recent days and months, proven that, under duress, it will surrender data to the federal governments.
I think that if it's decided that surveillance is the way forward for safety in the city, it should be through a more reputable and trustworthy partner than Flock, which is the current contractor.
I also believe that if you look at the past with Trump's recent actions, like sending in the military, like taking over independent agencies, it's clear that his authoritarianism may grow, and as a result..
Thank you.
We should.
Thanks.
APPLAUSE Good evening, Mayor and members of the City Council.
First of all, I wanted to thank the City Manager for withdrawing the item and putting in place some procedures to gather more input before this is considered.
The Berkeley Rent Board is strongly in support of sanctuary policies and is thankful for the efforts the Council has taken so far, and I do think that this contract would be a step in the wrong direction.
I think that often folks will say about surveillance, oh, well, if you have nothing to hide, if you're not breaking the law, what do you have to worry about? And I don't think that being an immigrant is against the law or should be.
I don't think that being brown or speaking Spanish is wrong.
I don't think that being trans is against the law or that providing health care to trans youth is illegal.
I don't think that getting an abortion should be a crime or that providing an abortion should be a crime.
I don't think that the federal government agrees with me on any of those issues.
I certainly don't think the Supreme Court does, after what we saw yesterday.
And so my question would be, are you confident that you can protect the people of Berkeley when, not if, but when, the data that we gather is asked for by Trump? Thank you.
Thank you.
Hello, council members.
My name is Ella Pollack.
I'm a four-year Berkeley resident and a public school teacher in Oakland.
I think many of the other speakers have made a great case as to why, even with something like a sanctuary city ordinance, plot collecting the data it does makes it liable to be shared with immigration enforcement.
I just want to offer my perspective and how I've seen that affect the kids in the schools I teach at.
I've seen kids develop kind of a morbid sense of humor around the threat of ICE because I think that's how they deal with terrors like that.
I've seen kids be afraid to come to school and, in fact, be missing school because they're afraid for themselves or they're afraid for their families.
And that breaks my heart.
And I don't want to see Berkeley be complicit in that.
So I say no on FLOC.
Thank you.
Thank you.
Good evening, city council members.
I speak for mine and others here concerned over the contract on the floor.
It is more important than ever that you as elected representatives understand that people are scared right now, scared of what their government is truly capable of doing towards them.
And it is for this reason that you should not concede a single inch of ground to them.
You cannot reason with a viper sinking its teeth into your veins, for they will not stop with the undocumented.
They will always keep coming.
They will always keep finding new things to attack here.
And by the time they stop, when you have given up everything to be left alone, all that will remain will be practically nothing.
Everything that has taken so long to build here will be easily destroyed from your concession towards contract.
It will be a betrayal not only to the people here, but a betrayal to future generations to come.
Instead, remain a bastion of resistance, because for every day you do not concede is a victory for the freedoms and liberty for all who live here and for future generations to come.
Thank you very much.
Thank you.
Good evening, mayor and city council members.
Brian Hofer here on behalf of Secure Justice, we're a privacy-focused civil liberties organization that was born next door in Oakland.
You can be a sanctuary city or you can be a flock customer.
You cannot be both.
As an advocate, my job is to oppose mass surveillance.
I know that's a lot easier.
I acknowledge that.
As an individual, your job is obviously much harder, and I empathize with you.
You've got constituents.
I'm not responsible for solving violent crime.
That is unfortunately my segue to the following, that despite tonight's tabling of this item, you're still going to get an uncomfortable lawyer letter from us.
There's too many legal obstacles here for you to cure and award this contract.
So my ask tonight is that you either quietly kill this in the interim or spend time finding another vendor.
Save yourselves from a future headache and loss of taxpayer resources.
Flock has revealed to you who they are.
Believe them.
Thank you for listening.
Thank you.
I would like to give my minute to Emma.
Hi, good evening.
I just wanted to thank you all again for allowing us to speak on this topic, aside from it being delayed.
My name is Emma, and I'm a current UC Berkeley student.
I grew up in a town in Southern California where I was surrounded by immigrants in a very Hispanic neighborhood.
I come from a family of immigrants, and so coming to Berkeley I looked for a piece of home in my neighbors, my classmates, my community, and I found a city that was built upon the hard work of immigrants and is still being supported by the work of immigrants.
And while Flock is meant to protect and serve our city, I think that we need to think about the same people that it harms, and while it's meant to protect and provide safety to Berkeley, it's also taking away from the safety of immigrants and the safety of immigrants in Berkeley.
And we need to think about our fellow neighbors, business owners, professors, and even classmates who are all vulnerable and targeted by Flock and by the federal government.
Berkeley can't state its status as a sanctuary city while choosing to contract with Flock, a company who has been known to breach the law and privacy of immigrants.
And immigrants, as we know today, are very vulnerable under our administration.
Flock has actively lied about their actions and has subjected these communities to persecution from federal agencies.
So voting to approve this contract puts Berkeley residents in danger and renders our sanctuary city merely a symbolic status.
And I think in a time where it's most important for us to stand up for immigrants and protect their rights, we not only need to delay but vote no to this contract with Flock Safety.
Thank you.
Thank you.
Good evening.
I may need one minute from her.
Thank you.
So I want to focus on one aspect that has not been discussed that much, the previous speaker a bit, which is the dishonesty with which Flock approaches this council.
And it was bad enough when it was just a matter of finding a backdoor through some Dallas police department or whatever that goes into Flock and Flock doesn't even know about it or we don't know about it.
And they could say, well, we don't have a relationship with Flock.
We don't have a relationship with immigration as Flock.
Now it turns out that none of that was true.
They have created pilot programs that facilitated 80,000 hits on immigrants in Flock's database.
So they lied to you.
And now they're saying, well, we terminated that pilot project.
Oh, that's nice.
Now we're supposed to trust you.
It's like you're in a relationship, in this case a business relationship, and you have a liar on the other side of the contract.
There's no way that contract can go forward.
We're not even talking anymore about Flock.
Flock is off the table.
I think the question for this body is what do we want to do about surveillance? That's really where we're at.
Bulk data collection, mass data collection, mass surveillance, bulk surveillance, these are the things that Edward Snowden taught us about, and it's massive in this country.
We have to look at what happened yesterday in the ICE.
We don't have time right now, but in the ICE lawsuit.

Segment 5

We're in an era where the U.S.
Supreme Court has just upheld what is tantamount to racial profiling.
We're in an era that demands re-evaluation of earlier positions.
As a former attorney to the Illinois Democratic leadership where I coordinated bipartisan legislative investigation into abuses of persons with mental health issues, I worked out of a legislative office in Evanston, Illinois.
Evanston prides itself as an informed, intelligent, progressive city focusing on both public safety and civil liberties.
They implemented the FLOC cameras because they believed them.
And now they've terminated the contract because they've learned that FLOC misrepresented that they would not be sharing information with federal immigration authorities.
So they re-evaluate their position.
It's time for Berkeley to really re-evaluate the position.
Thank you.
Thank you.
I would certainly hope that FLOC is off the table at this point.
I don't know how many times a company has to lie to you before you believe that they're a liar.
But what the city manager mentioned earlier that he's going to be looking for other best practices or looking for other cities or states that have a program that works, etc.
I don't think we should take lightly the fact that we're on a targeted list.
We are a sanctuary city that is in the crosshairs of the Trump administration and they're fascist, you know, jackbooted thugs.
I guess that's what they are these days.
The burden of proof, council members, is on you.
Because you have to prove to us that we're safe.
That the benefits of some kind of surveillance system outweigh the risks.
And right now we are very skeptical of that.
And the problem is that you can't do that.
Because you cannot calculate..
Can I get another minute, please? Oh, okay.
A minute from over here.
You can't calculate what kind of secret and covert data sharing is happening.
You don't know if it's a cop at a bar who is giving his password to somebody from ICE so that they can access the system.
Understanding that this network of cameras, you know, there's all kinds of police departments all up and down the state.
Including the University of California.
You're not accountable for what happens there.
If they decide to let ICE access that system, you cannot keep us safe in this system.
It's not the way to go.
And I want to redirect you to, yes, five years ago.
George Floyd.
And the momentum and the movement that said that our safety lay in a different direction.
Not by giving the police unlimited powers.
But by uniting our community around ideas of safety and care and contact.
Nobody wants shootings at the schools.
Thank you.
Thanks for your comment.
Andrea.
Thank you.
Thanks.
Hi.
I really appreciate the council has taken the initiative to postpone this vote.
And I think that's an indication that folks have gotten through to you guys.
When we were here two weeks ago, there were like three people in public comment line.
And almost unanimous support in the council for this bill.
So this is really more a message to the folks out here that we have to turn up the heat.
It's September 9th.
And we have to turn up the heat all the way to October 28th.
And show every single person on the city council that sanctuary is the opposite of surveillance.
And that the voters are going to remember that when their seats are up.
So we got to turn on the political pressure right now.
Let's stay active.
Thank you.
I'm still so little.
Thank you for the open windows and the fans.
And I want to follow up on Andrea's point.
Because a whole, you know, what provides safety? I'm so committed to safety.
So thoroughly committed to safety.
Oh, I have an extra minute, by the way, this lovely woman in the back there.
Sorry, thank you.
You know, if we perceive a threat or an enemy, it could be anybody.
Anybody or anything.
And that has somehow or another justified the mass slaughter of millions of people.
So that I'm going to get you so you don't get me.
So coming back to Andrea.
It's like community united.
And, again, cameras.
There was an incident at a clinic where a woman was assaulted.
Where were the cameras? But a camera takes a picture after the fact.
It didn't prevent the harm.
It didn't even actually prevent the harm.
So I'm into preventing harm.
And it's mostly our disposition.
Are we going to just, instead of worrying about all of the things that are anti us and against us and doom and gloom, let's unite and create a community that stands together, cares about each other, works together.
I heard that there's a police department somewhere in the state that is literally writing up their reports, NHI.
No human involved.
They are willing to not have any data on the people that they just disappear.
I want to watch them more.
I'd like them to just let us be and come together like we can in unity.
This is Berkeley.
And we're not going to do it by fighting each other.
We've got to work together.
Thank you so much.
Thanks, Maria.
Okay.
Is there any public comment online? Yes.
This is public comment for people on Zoom for the item 24.
There's currently 11 hands raised on Zoom.
First speaker is Marissa.
Hello.
Thank you.
I applaud all previous comments and don't want to repeat what has already been said.
I just want to say that I'm very proud of everything this council has done so far regarding protecting the most vulnerable members of our community.
But even contemplating a contract with FLOC, given what we know, the reasons that have been given here today, seems to me to be simply incompatible with sanctuary values.
ICE keeps on breaking the law.
I hope you won't associate our city with the criminal intent of ICE and FLOC endeavors.
And in a time when authoritarian rule is threatening our democracy, I hope you will stand for the people and not against the people.
Thank you.
Thank you, Marissa.
Next is Laura Cornwall.
Hi.
My name is Laura, District 6.
I am appalled that our city council would consider this FLOC contract while paying lip service to being a sanctuary city.
As stated by others in this amazing showing tonight, ICE and CBP have repeatedly tapped into the FLOC network, sometimes with the help of police departments and sometimes behind their backs, using their surveillance system to target and kidnap community members.
And it would be unconscionable for the city of Berkeley to use taxpayer money to support and expand that surveillance.
There is no evidence showing that ALPRs actually reduce crime rates.
There is evidence the sheriff's office in Texas used ALPR data to track down a woman suspected of self-managing an abortion.
There is evidence that the AI FLOC uses has significant biases against people of color.
There is evidence that FLOC is being used by ICE.
This for-profit AI surveillance system has no place in our city.
Thank you.
Thanks for your comment.
And just for folks that are online that still have comments, we're not talking about ALPRs tonight.
Actually, we're not talking about this issue generally.
We're not discussing it, but we're talking about fixed cameras, so just so folks know.
Go ahead.
Next is Daniel Brownson.
Hi.
So obviously ICE is going after immigrant communities right now.
But we all know they're fascists, that this regime is fascist.
Do fascists ever stop at their first target? No.
They never do that.
What happens when they sic their ICE goons on the city of Berkeley and the people come out to try to oppose them in protest? They're going to use those cameras to identify protesters.
And they're already talking about deporting naturalized citizens, and they're not going to stop there.
The very name FLOC is an insult.
Are we sheep to be herded to the slaughterhouse? The only way to keep the federal government from collecting our data on our most vulnerable members of our community is not to record it in the first place.
Sorry.
Your time's up.
Thank you for your comment.
Next is Katie Windham.
Hi.
My name is Katie.
I am pretty new to Berkeley.
I just am starting my public policy degree.
And so I came here from Washington, D.C.
And in addition to just plus one-ing everything that everyone else has said so far, just want to use my other home as an example of the fact that cities don't always have full control over what happens to the data that they create in these kinds of circumstances.
As others have said, you know, we are on targeted lists for this administration.
And that the really only way to keep data private is to not collect it in the first place.
I am very concerned about what happens if, you know, the National Guard gets called in here, like all of these things, which I'm sure you all have thought about far more than I have.
But..
Thank you.
Thanks for your comment.
Mark, do you have a sense of how many folks are left? There's seven hands raised.
Okay.
Thank you.
Next is John Kainor.
Hello, Mayor and Council.
John Kainor, Downtown Berkeley Association.
We need security cameras to deter and prosecute crime and protect our merchants, property owners, and the entire Berkeley community.
In our strategic planning process this year, safety by far was the foremost concern in our stakeholder roundtables and community survey.
All you need to do is read dozens of stories in Berkeley Scanner to see the impact of current cameras in Berkeley in solving crime in Berkeley.
And then all you need to do is read the comments on Berkeley's side in Berkeley Scanner to see the opinion of community overwhelmingly supporting this program.
And with limited BPD staffing, we need to provide them the tools to do their jobs.
San Francisco has over 1,500 surveillance cameras in the public realm.
Oakland, several hundred and growing.
Are we then worried about another 16 cameras in Berkeley? Do we really want to be known as a community that does not have security cameras? Please move forward with simple, modest expansion.
However, along with proper controls to ensure the information..
Your time's up.
Thanks for your comment.
Next is a phone number ending in 211.
You should be able to unmute.
Hi.
Our video cameras kept the city of Berkeley, Philadelphia Avenue, Shattuck Avenue safe for many years.
But one has to think about it today.
These people are not just immigrants.
They are for everybody.
You know, say they came to my neighbor, nobody spoke.
And my brother, nobody spoke.
They came to me.
Nobody was left to speak.
The fact is, this is a fascist regime.
And Trump is just awful.
Just awful.
And we're facing the end of civilization, not just the end of America.
And what do we say? What do we say, everybody? You know, by the way, a very important point.
I'd like to say that during his administration, 1.2 million Americans died from COVID because of his denial.
The people who discovered the COVID vaccine, one was Lebanese American, and the one for Pfizer was Greek American.
Immigrants built this country.
Thank you very much.
Thank you.
Next is Jerry.
Hello.
This is Jesse Sheehan.
How's everybody this evening? I would like to point out that as we talk about flock in the city's realm, what is happening, especially in the business district, so the building owners are allowing the flock safety cameras to be installed on the roofs of their businesses.
And, you know, I would like to have that addressed.
Kevin Gordon is allowing a large flock safety cameras being placed on many of his businesses along Telegraph Avenue after our local council member objected to them.
They're just being placed up there.
One is on top of web core builders, corporate offices, one of the larger ones.
And so here we have private companies working with flock collecting our data and turning it over in mainly the business districts.
So I'd like Kevin Gordon and Alex Knox to address those cameras being allowed around the university and the university itself.
Thank you.
Next is Cheryl Davila, former council member.
My husband, Robert, is on the line giving me a minute.
Okay.
Start my time again.
So, yeah, flock lied.
But, you know, they work with guys.
You should not be contracting with people that, you know, are liars.
Although I don't know, Paul, you all tell the truth.
I know that I'm a truth teller, but lies aren't good.
And you shouldn't be dealing with people that, you know, you know, lied to you.
You know that they currently have partnerships with ICE.
And you know that they've already, you know, turned over information to ICE and other jurisdictions.
And it's not real is notorious for surveillance.
And they're having a Holocaust right now.
And you know that this is one of the things that they do is surveil.
And you know that you cannot control any data that goes through flock.
And they're fascists.
45 is a fascist, authoritarian, trying to be a king in the United States of, or I won't even say that, in Turtle Island.
So why would you support fascism in this way that supports surveillance used by ICE, follows women around that are seeking abortions and arrest them? I mean, you know, you're supposed to be a sanctuary city with a sanctuary for who? Because humanity isn't part of your equation.
Thank you.
Next is Denise Carrillo.
Denise, you're, it shows you're unmuted.
Nope.
You're muted again.
We can't hear you, Denise.
It shows you're unmuted.
But if you're talking, we can't hear you.
Can you hear me now? Yes.
Great, thank you.
Okay.
I just want to say thank you to everyone who has spoken in defense of maintaining a sanctuary city.
I will be reiterating a lot of what has already been said.
As I'm sure you're well aware, Berkeley is largely composed of undocumented and mixed status individuals.
And I myself am very proud to come from a mixed status family, as I would not be here without them.
And I do not believe that Berkeley would be the city it is without our joy and knowledge and contributions.
Our safety as people should not be compromised.
But unfortunately, this is and has always been a reality.
While Berkeley claims to be a sanctuary city safe for all of us, it cannot continue to call itself a sanctuary city if it contracts with block safety.
And if this city council wants to protect Berkeley's immigrant and mixed status communities, it needs to do so by being transparent, holding itself accountable, and listening to our voices.
Therefore, I urge you to maintain your promise of Berkeley being a sanctuary city by opposing this contract with block safety and voting no in October, and doing everything in your power to keep surveillance systems out of our communities.
Thank you.
Thank you.
Last raised hand is Marilyn Kung.
Oh, wait.
Oh, Marilyn lowered her hand.
There it is again.
Marilyn should be able to unmute.
Hi, Marilyn Kung from District 3.
I'm a child of immigrants, and I implore the council to reject the contract with FLOC.
This will just provide more ammo to the authoritarian regime in the White House.
Thank you.
Okay, that's all.
Thank you.
Thank you all so much for your comments.
As was mentioned, we're going to be addressing this issue in October.
In the meantime, we are going to have an information session.
And so I want to make sure that if you all are interested in coming to that, I have my staff put a piece of paper on the back.
You can write down your information, your first name, last name, email, and we can actually send you the information about it when it comes out.
I know that there are specific groups that are here, so we'll make sure to invite you as well.
So thank you all.
Oh, yes, I think Kit is holding it up in the air.
It's just a piece of paper in the back.
So thank you.
Okay, so we're going to move on to item 25, which is the proposed sanctuary city ordinance.
I'm going to give a little bit of a background here to introduce.
Actually, if you all want to start getting set up.
Or are you going to stay here? Okay.
Okay, great.
All right, so we talked about it earlier, and some folks have mentioned it.
There's going to be a presentation, so just so you know, if you want to stand up, you're going to be standing for a little bit.
So you may want to wait.
Up to you, but just so you know, you might be standing for a little while.
Okay, so I'm proud to be a mayor of the first-ever sanctuary city.
We started as a sanctuary for conscientious objectors in the 70s during the U.S.-Vietnam War, and then for Central American refugees fleeing war-torn countries in the 80s.
In January, our very first city council meeting of the year, we reaffirmed our sanctuary status with a resolution, which also recommended that I, the mayor, create a task force, which I did.
We've been meeting monthly, and I'm really proud of the partnerships that we've formed there.
The other piece was to participate in the process of codifying Berkeley's sanctuary protections through a city ordinance.
On April 15th of this year, the city council passed a referral to the city attorney to return to council with a recommendation regarding the codification of our sanctuary policies and protections through a city ordinance.
Since April, the city attorney's office has researched other sanctuary city ordinances, met with the mayor's sanctuary task force legal committee, and talked with internal city stakeholders across departments.
I really want to thank the East Bay Sanctuary Covenant and East Bay Community Law Center for representing the hard work of the legal committee.
Tonight, the city attorney is here with her staff to present that recommendation of a sanctuary ordinance.
The purpose of the ordinance is to make sure we bring together and further clarify the definitions, terms, and conditions for our staff and community.
The coincidental timeliness of this ordinance is not lost on me.
Yesterday, the Supreme Court laid the legal path to allow the federal government to racially profile their immigration targets by the color of their skin and the language they speak.
You cannot use race for college or school admissions, but race and language are now tools for immigration harassment.
This ordinance is a reflection of Berkeley values, and it codifies the protections we have honored and followed by resolutions for decades.
Also to give you a brief heads up, I'll be proposing an amendment on two sections of the proposed ordinance on transparency and enforcement, specifically requiring an annual report of the aggregated data and adopting San Francisco's language on enforcement.
Thank you.
I want to thank the city attorney and her staff for the months of work they've put into codifying our sanctuary city resolutions, and now I'd like to turn it over to our city attorney, Florema Brown, and I'll let her introduce her team.
Thank you so much.
Thank you, Madam Mayor.
Mayor and Council, it's my privilege to introduce Deputy City Attorney Katrina Island, who's a highly respected attorney in my office and has been working very hard on this ordinance, and she will present the sanctuary item.
Sorry about the delay.
Honorable Mayor and members of the City Council, thank you for the opportunity to present on this important matter.
My name is Katrina Island.
I'm a deputy in the city attorney's office, and I'll be walking you through the background and key features of the draft sanctuary ordinance that's on the agenda tonight.
I'll begin with some highlights around the history of Berkeley's sanctuary policy, which Mayor Ishii already gave you a little bit of background about.
Then I'll discuss the sanctuary resolution that's currently in place, and finally I'll talk about the City Council's referral to codify the resolution in the municipal code before walking through the key features of the proposed ordinance.
As Mayor Ishii mentioned, there's a long history of Berkeley being a sanctuary city.
In fact, Berkeley was the first sanctuary city in the nation in 1971, declaring itself a city of refuge for Vietnam conscientious objectors.
In 1986, Berkeley reaffirmed its status as a city of refuge for immigrants in Berkeley in the face of refugees fleeing persecution in Central America.
And then over the years between 2007 and 2025, Berkeley has passed a number of different resolutions reaffirming and expanding on the sanctuary policy in light of various threats to immigrants in our community over the years.
So that brings us to the current sanctuary resolution, which was passed in January 2025.
There are some key features to that resolution, the primary one being that it prohibits city departments and employees from using city resources to assist in federal immigration enforcement.
That's the core of the resolution.
It also requires city departments and employees to provide equal access to city services to residents, regardless of immigration status.
It also requires city departments and personnel not to consent to searches by federal immigration enforcement unless they have valid judicial warrants that are backed by probable cause.
In that recommendation for that resolution, there was a creation of a task force to participate in the process of codifying the policy into an ordinance.
And that led, as the mayor mentioned, to the April referral to our office.
In response to community feedback and direction from the mayor's task force, the city council referred to the city attorney's office a proposal to create a new sanctuary ordinance to replace the city's sanctuary resolution.
The city attorney's office then developed a draft ordinance based on policy direction from the task force and various city stakeholders over several months.
That brings us to the draft ordinance that is before the council tonight.
It is largely similar in substance to the council's January 2025 resolution, in that the core of it is forbidding city agencies or personnel from using city resources to assist with immigration enforcement.
And that includes by specifically prohibiting inquiring into citizenship or immigration status or consenting to searches of non-public city property without valid judicial warrants or subpoenas.
It also includes the prior restriction on ensuring that city agencies and personnel do not deny access to city services or benefits based on citizenship or immigration status.
So those are the parts of the ordinance that are like the resolution.
But there are also a few new features in response to stakeholder feedback.
One of those is public reporting.
So the ordinance would require public reporting of contacts made by the city to federal officials or made to the city by such officials if the city responds.
It also provides a number of definitions and makes the ordinance clearer in that it has defined terms that are used uniformly throughout.
And one of those new definitions is of protected personal information.
And the ordinance clarifies the difference between immigration status information and other types of personal information and makes clear the limitations for sharing on each.
Finally, it makes its applicability clear that the city policy on restrictions on participation in immigration enforcement applies equally to immigration enforcement actions wherever they occur, whether in schools, after school programs, hospitals, places of worship, etc.
And the ordinance is important because it brings the city of Berkeley in line with neighboring cities, which also have ordinances instead of resolutions.
It codifies the policy in the municipal code, which ensures that the public and city personnel are clearly on notice of applicable requirements.
It clarifies city policy by defining terms that were previously undefined in the resolution.
And it makes clear that the prior resolutions that have been passed over the years are superseded and clears creates one clear city law.
And with that, I'll turn it back over.
Thank you.
Thank you.
I just want to say thank you again.
Appreciation to the city attorney's office.
I just I know how much work you put into this and how much care.
So I really want to say thank you, Katrina.
And thank you, of course, to frame as well for for leading the team.
And of course, thank you to our to our partners who have been so involved and engaged.
Your feedback was very important.
And I hope you feel that that your concerns were heard throughout the process.
Also, thank you to my staff who's been helping us along the way.
So thanks, Julie.
So just as I mentioned earlier, just this ordinance brings the rules, guiding our sanctuary elements into one place with greater clarity for staff and community.
And I really want folks to know that I'm committed to working with the city manager to ensure that all of our staff are trained on the sanctuary ordinance and receive know your rights trainings in the workplace, because it's great if we pass it, but we need to make sure it's actually implemented.
So you you have my word that we'll follow through and that as well.
And I do want to bring up the amendment now.
I think that that makes sense before you all speak.
And then and then we hear from the council members as well.
So we heard from the community that there's a strong desire to strengthen the transparency and enforcement sections.
And in that spirit, on behalf of our Brown Circle, which was council member, then a part of council members, Blackabee and council members, Humbert council member Humbert, I'd like to amend two sections to the staff recommendation ordinance.
So the first one, actually, I am on Zoom.
If you could promote me, please, Mark.
I will share my screen.
Sometimes it's easier to have it up on the screen so folks can see it.
OK.
All right.
Thank you.
OK, so first, to strengthen transparency, we'd like to suggest.

Segment 6

I would like to suggest an amendment that aggregates the reports to Council into the Berkeley Police Department's annual report.
That's something that already exists, so it would just be a part of it.
The amendment would read, as it says, Section 13.114.040, Reporting and Transparency Data.
Amend Subsection D to read, All City Agencies shall report in writing to the City Council any requests described in Subsection A within 10 business days of the request, with instruction to report such a request as an informed item on the next agenda for a regular meeting of the City Council, which is what it says already, and then adding the Berkeley Police Department shall include an aggregated annual summary of requests reported to the City Council in its regular annual report.
And second, we'd like to replace Section A with the new language found in the San Francisco Ordinance.
That's a bit clearer.
I'm going to move that up.
And so, in undertaking the adoption and enforcement of Chapter 13.114, the City is assuming and undertaking only to promote the general welfare.
This chapter is not intended to create any new rights for breach of which the City is liable in money damages to any person who claims that such breach approximately caused injury.
This section shall not be construed to limit or prescribe any other existing rights or remedies possessed by such person.
And just so folks know, we did already speak with the City Attorney's Office, so she is aware of that.
And we worked through the language as well with them.
Okay, I'm going to keep that up there.
Apologies.
Okay.
All right, so are there any clarifying questions from Council members? Nope.
Okay, public comment then? Coming up.
I'm giving her my minute.
Switching off.
All right.
Thank you.
Thank you.
Thank you.
I'm going to be very brief.
The purpose of this item is to make sure that we're making good use of the rights and privileges of our communities.
So that our community can have real access to justice and truly be protected.
Because without enforcement, without recourse, rights can remain theoretical rather than real.
A private right to action ensures that individuals who are harmed can seek remedies when violations occur.
At the same time, accountability measures for city agencies and contractors are essential.
Transparency and clear consequences build trust.
Not only in the government, but also in the community's belief that Berkeley is truly living its values as a sanctuary city.
And as a place committed to equity and justice.
Our families and neighbors deserve more than promises.
They deserve protections that are enforceable.
You are setting a precedent for other local cities, for our state, and even our nation.
Strengthen the ordinance and do our families justice.
Thank you.
Thank you.
Good evening, Council.
I'm reading a testimony from a community member who chose to remain anonymous tonight.
Hello, my name is Adela Perez.
I live in Berkeley.
I am originally from Guatemala, but have been living in the U.S.
for 20 years.
I have two daughters, ages 19 and 10.
Since I started living in the U.S., I have worked various jobs in the service sector, as well as paid my taxes.
With the rapid increase in mass deportations, my family and I have found ourselves in a lot of anguish.
My youngest daughter has been having panic attacks just thinking that something could happen to me upon picking her up from school, or that she'll come home one day and not find me there.
Many of us didn't choose to leave our home countries, but rather were forced to flee the violence, both political and in the streets, in order to provide a safe upbringing for our children and search for better opportunities.
Regardless of our circumstances, we have expanded our routes and made both countries our home.
I ask that you pass this ordinance and have empathy for us.
Thank you.
Thank you.
Thank you.
Hi, everybody.
My name is Lisa Hoffman, and I'm a co-executive director at East Bay Sanctuary Covenant.
As you know, EBSC was founded in 1982 by faith congregations in response to the U.S.
government's support of war crimes and genocide in Central America.
Sanctuary supporters risked arrest by protecting more than 60,000 refugees fleeing violence and persecution.
As Mayor Ishii and Katrina Island shared, for more than 50 years, Berkeley has stood as an example that sanctuary cities keep people safe.
Now, in this moment of incredible violence, fear, and discrimination, we are counting on this council to continue that legacy.
We appreciate your partnership and the changes that reflect some of our suggestions and compromises.
The draft ordinance includes stronger definitions and clearer limits on cooperation with immigration enforcement agencies.
The 10-day reporting requirement and annual report are critical to make sure advocates are aware of immigration enforcement in Berkeley.
For these reasons, we support the passage of the ordinance with one major concern.
The current ordinance is still not transparent enough about how violations will be addressed.
For example, one of our clients is a single mother with a pending asylum case who is the sole provider for her two young children.
If she were detained or deported as a result of the city's unlawful actions, based on the current draft, there is nothing the city would do to support her children.
Right now, all they could rely on are vague administrative procedures.
Berkeley's commitment to sanctuary fell short by not taking responsibility if harm occurs.
A private right of action is necessary when the consequences of violating this ordinance include prolonged detention, family separation, deportation, and even death for our community members.
If Berkeley truly stands committed to upholding this law, then there should be no concern and liability, as it should never be broken.
Thank you.
Thank you.
Thank you.
First, I would like to tell you that we hear about ICE raids every day in working communities.
We only work for our families and communities.
We are their gardeners.
We are their painters.
We are the ones who fix their houses.
We take care of their loved ones, children, and seniors.
We clean their homes, offices, and businesses every day.
Now, TRON's policy is to terrorize and separate families from the working class, using racial hatred as it was in the time of slavery.
Okay, a minute from here.
She's going to translate.
Do you want to translate a little bit before he finishes? You want to finish first? Okay.
After.
Okay.
Okay, I just want to make sure.
It's a lot to translate at once.
Go ahead.
Thank you.
Good evening to all city council members.
My name is Abel Salas, and I have lived in Berkeley for 30 years.
I work at UC Berkeley as a gardener.
I am a father of one daughter.
First, I want to mention we hear every day about ICE raids within our hard-working communities.
We only work for our families and community.
We are your gardeners, your painters.
We are the ones who fix your homes.
We take care of your loved ones, children, and seniors.
We clean up your homes, offices, and your businesses every day.
Today, TRON policies are to terrorize and separate our families from working communities by using racial hate as it used to be in the time of slavery.
We should not let this happen, and we should not tolerate it.
We must stop it.
I want to remind you that we, the people, citizens, know how to march.
We vote, and we know how to defend and fight for the rights of our loved ones.
I hope you, as city councilors of the city of Berkeley, will pass the city ordinance so that we stop the abuses towards our immigrant communities.
We have to defend the undocumented immigrant communities.
No one is illegal on stolen land.
Thank you, because I know you will pass the city ordinance.
Thank you.
Good evening, city councils and Mayor Ishii.
My name is Manuel De Paz.
I am community organizer at 85th Century Cabinet.
I live in Oakland, and I commute to Berkeley every day.
These days, our immigrant community lives in fear because of this administration, terror and fear that they are putting on our communities.
Who is unlawfully persecuting, intimidating, detaining, and deporting people to countries that they don't know? ICE officials are racial profiling and discriminating against immigrants when they detain, interrogate immigrants based on their skin color, the type of work they do, and the language.
They are also taking the law into their hands by not allowing due process and this is a crime.
Our communities are also afraid that they do not want to go outside their homes.
Can I have one more minute? Thank you.
Someone in the back.
Okay.
For example, on Sunday, August 24th, EBSC hosted a storytelling workshop.
We invited a lot of people, and a lot of the people say that they want to come, but they didn't, and they expressed because of fear.
And that was to prepare people to come and share their testimonies here at this meeting tonight.
That's the level of fear that we are facing right now.
Many of the people who invited, so therefore, I'm asking the city council members tonight to please pass the city ordinance that is transparent, trustful, and that it has no responsibility.
Thank you very much because I know that you will pass this city ordinance.
Thank you so much.
Thank you.
Good evening.
My name is Glenda, and I'm here to share a comment from a community member who is too scared to speak herself.
My name is Beatrice Martinez.
I am a volunteer at the sanctuary.
I am originally from El Salvador and have been living in the United States for 27 years.
I have had temporary protected status for 23 years.
I work at a care center for seniors as a housekeeper.
I have two sons that are 45 and 47 years old.
I help contribute to my community through my work.
I have paid taxes the entire time I have lived in the U.S.
I pay my electricity bill, water bill, rent, and have even contributed to the economy through my own consumption.
As immigrants, we help not only.
Thank you.
As immigrants, we help not only the U.S.
economy, but also our cities in which we live to be more economically prosperous and productive.
Today I live in fear, knowing that at any moment I can be deported, regardless of whether I have legal status or not.
It terrifies me to know that I can be separated from my family.
Keeping families together is very important so that we can accomplish our dreams and progress together in this country.
I would feel very happy to know that the Berkeley City Council will pass the ordinance so that the people that live, work, and travel to Berkeley can feel safe.
I ask that you pass this ordinance and be an example to other cities and counties.
I also ask that this ordinance be transparent, trustworthy, and that it brings us security and safety.
Thank you.
Thanks so much.
Okay, hi.
Third time's the charm.
My name is Rosa.
I've been actually a resident of Berkeley for three years, and please, please, please pass this ordinance.
As a daughter from two immigrant parents, Japanese and Mexican, as an alumni of Berkeley, as a legal assistant who works with the undocumented community every single day, we've been having a lot of issues, them even wanting to reach out to our office anymore because they think we're in cahoots with ICE, and ordinances like this helps establish trust that is already being lost through prior administrations, the current administration, history, you know, so I just really urge the council.
I trust you guys will pass the ordinance, but as someone who sees the firsthand repercussions of this on a daily basis, I really, really hope you guys don't let me down.
Thank you.
Thank you.
My name is Emma, and I'm going to be translating his message for you all.
So my name is Felix, and I'm representing East Bay Sanctuary.
I'm from El Salvador and have lived in the United States for the past 26 years.
I work in a recycling company in the Bay Area, and I have three children, 16, 15, and 6 years old.
My wife and I, along with millions of immigrants, work hard, we pay taxes, and invest in this country's economy.
We are honest people who work hard to help our children succeed.
We help cities clean.
We are not criminals.
We live under constant fear due to so many deportations that are happening right now.
We're afraid to be deported and separated from our families.
We want our families to be together so our children can become professionals and important people in this country.
I ask the Berkeley City Council members of this beautiful city to pass this ordinance so that people who visit Berkeley feel safe.
And I hope this city ordinance will be transparent, trustworthy, safe, and responsible with the law.
I want to thank you for being on the side of the people who are suffering and for passing the city ordinance.
Thank you so much.
Thank you.
Thank you very much.
Thank you very much.
Hola, buenas noches.
Mi nombre es Claudia.
Sorry, do you want to put the mic a little closer? I'm sorry.
Buenas noches.
Mi nombre es Claudia Caria de Silva.
Soy hondureña y líder comunitaria.
Tengo viviendo aquí en Estados Unidos 25 años Tengo 30 años de casados con un maravilloso hombre, mi esposo Johnny Silva.
Hola, buenas noches.
Mi nombre es Claudia Caria de Silva.
Soy hondureña y líder comunitaria.
Tengo viviendo aquí en Estados Unidos 25 años.
He estado casado por 30 años con mi maravilloso esposo Johnny Silva.
Somos padres de dos bellos hijos de 29 y 21 años y un nieto de 8 años.
We are parents to two children, a 29-year-old and our daughter, a 21-year-old.
We're also grandparents to our grandson, who is 6 years old, 8 years old.
Mi trabajo es de caregiver.
Tengo 15 años cuidando a una niña con muchas necesidades especiales y también soy especialista en el cuidado del adulto mayor.
Amo mi trabajo aun siendo difícil.
I work as a caregiver to a girl who has special needs.
I am also a trained specialist in caring for senior citizens.
I love my job even though it can be hard, but when I do my job, I do it with lots of love.
Recuerdo que en tiempo de pandemia, el COVID-19 nos llamaban trabajadores esenciales.
Lastimosamente, ahora, cinco años después, nos llaman criminales.
En realidad, no somos criminales.
Somos personas productivas y no somos carga pública y pagamos impuestos.
I remember during COVID-19 pandemic, we were often referred to as essential workers.
We are now being referred to as criminals.
We are not criminals.
We are hardworking people.
We are not a burden to this country or dependent on government assistance.
On the contrary, we contribute economically to this nation's economy.
La situación política que estamos viviendo en este gran país es de mucho miedo, tensión, angustia.
Someone else gave you a minute in the audience.
Tensión, angustia, preocupación, y todo esto nos lleva a la depresión, a la tristeza, y no poder vivir con tranquilidad ni en el trabajo, ni en la calle, ni en nuestros propios hogares.
The current political situation stirs up fear, tension, and worry, all of which leads us into depression and sadness because we can't live or work in peace.
With mass deportations, many industries such as construction, agriculture, and service are being affected.
Many have been forced to abandon their jobs out of fear of being deported.
Por estas razones, les pido a los concejales de la ciudad de Berkeley y que pasen esta ordenanza local para que esta ley proteja nuestros derechos y que sea un modelo a seguir por otras ciudades y condados.
Muchas gracias por estar de nuestro lado.
For these reasons, I ask the council to pass this ordinance so that our community and our rights are protected.
And by passing this ordinance, you serve as an example to other cities and counties.
Thank you for being on our side and passing this ordinance.
Hey, I'm Drew Payton.
I am a pastor at First Presbyterian Church and a Berkeley resident and an Oxford dad.
Thanks so much for all the work that has gone into this.
Look, like Ezra Klein said recently, there is no way to talk about what's going on without sounding crazy.
We are facing escalating authoritarianism and the building of a masked private army bent on disappearing our neighbors and tearing our communities apart.
We need to stand up in all of the places and ways we can.
This ordinance helps to preserve the rule of law and keeps people safe.
It also resonates with the oldest and deepest convictions of our faith traditions and of our ancestors who lived to make this world safe for the people they love.
In these times, I think it's important not only to resist the insanity spewing from the Capitol, but to imagine, to embody, to enact the sort of world we wish to live in.
I think we can do that in part by passing this ordinance with the amendments recommended.
Thanks.
Thank you.
Thank you.
applause Brian Hofer of Secure Justice again.
In the last six months, we've probably been asked to review 30 to 35 different sanctuary city proposals, and we've only endorsed two.
They've either turned into unenforceable resolutions or just restate existing state law, and we just don't believe in performative art.
And I'm really happy tonight to say that you guys are raising the bar.
It's appropriate that the original sanctuary city is doing so and that we can endorse and support this ordinance with the amendments.
I really appreciate all the great work that the community groups have done in pushing for this.
The mayor, your staff, the work that you've done, Farima, baby Farima.
Sorry, I don't know your name.
Farima Jr.
You guys have all done great work, and this does set a new precedent for folks, so hopefully others will follow you.
Thank you.
Thank you.
applause Her name's Katrina.
Just to have Farima.
Kit Saganor, I just want to add my thanks to those of others in the work that you've done to do this, and I know you know that this is a beginning.
It's not a final thing.
There's more work to be done.
It is such a tough issue that we're dealing with nationally, but I was at immigration court in San Francisco yesterday and just got such a strong reminder that people's worth and their worth as human beings and their worth as community members has nothing to do with what their status might be in this country, and to protect people from injustice is so important.
So thanks very much for getting this ordinance together rather quickly, really, and I also will be eager to see what more happens here.
Thank you.
Thank you, Kit.
applause Good evening, everyone.
My name is Siak McKill, and I'm a UC Berkeley senior.
I'm here in strong support of the Sanctuary City Ordinance.
Many of my fellow students who are undocumented live with daily fears, even just walking to class.
By ensuring proper incident reporting, we can reduce fear and misinformation when things like unmarked vans appear on campus.
Thank you to the council, the city attorney's office, and the Sanctuary City Task Force for all the continued dedication.
I'm proud for the work on supporting residents, regardless of their immigration status, and I hope we can continue to protect our community from surveillance cameras tied to Trump's ICE agenda.
Thank you.
applause Thank you.
applause I just wanted to yield my minute to Angelica.
Good evening.
My name is Angelica Casas Murillo.
I'm a current Berkeley resident attending UC Berkeley.
I'm originally from the Inland Empire, a region in Southern California characterized by its large masses of land, warehouses, and immigrant communities, a region that, like our neighborhoods in LA, throughout California, and across the country are being deeply affected by the massive ICE raids, unconstitutional kidnappings, as well as sweeps that are quite literally taking place in front of our doorsteps.
As of yesterday, the Supreme Court granted the Trump administration's request to pause temporary restraining order protecting immigrant communities in Southern California, erupting yet more fear in our communities, enabling racial profiling on our community members, a fear that is undoubtedly not exclusive to our communities in Southern California.
I share this information with you all today as I firmly believe that this is an important moment to emphasize the responsibility that Berkeley holds as a sanctuary city.
The Trump administration has made no secret about its desires to target Berkeley and its residents due to our sanctuary city policies and our support for immigrants, LGBTQ plus rights, and reproductive freedoms.
This administration is also willing to inflict violence and trauma on our communities, as we have witnessed across Southern California.
This is why now, more than ever, it is important that we stand up to Trump and make it clear to our immigrant friends and neighbors that Berkeley is a city that prioritizes safety of all its residents.
Where all of us can work, go to school, use the hospital without fear.
While I'm excited to see that the city will further strengthen its sanctuary city protections with the sanctuary ordinance, I'd also like to see the city take on more accountability and be more transparent on how the law will be enforced if it's broken.
How will the city hold itself accountable? What does accountability look like beyond administrative procedures? And how affected individuals obtain justice for harms, especially when they're affected? Thank you.
And thank you both for helping with translating today.
Hi, my name is Danny Celaya, and I'm an undocumented immigrant DACA recipient and a member of the Oakland Chapter of the Community Service Organization, CSO, a legacy organization that fights for immigrant rights, Chicano power, and justice for the victims of police crimes.
I'm here to urge the city to vote yes on the sanctuary city ordinance with the accountability language because all our communities are interconnected and folks deserve to feel safe in whatever city that they are in, regardless of their immigration status.
Especially at a time when immigrant rights are under attack by a wannabe authoritarian president, we need Berkeley to hold the line for the sanctuary city policies and for its city leaders to follow examples of cities like Chicago in defending immigrant communities.
The people have been demonstrating that they aren't afraid to fight Trump's attacks and stand up against his state thugs.
They demonstrated that in Los Angeles, Minneapolis, San Francisco, and dozens more cities nationwide.
We need our city leaders to echo their constituents' passion and bravery for defending our civil liberties because when immigrant rights are under attack, we fight back.
Thank you.
Thank you.
Thank you also for translating.
I don't see any difficulty with language that prevents the city from being exposed to liability.
It doesn't preclude council from actually going further to the community that's under our control because wherever you have fear, and you have rampant fear right now and sometimes it's displaced, you also will have predators.
They could be employers.
They could be neighbors.
They could be landlords who will exploit that fear.
There's nothing precluding council from actually looking at some other means of protecting persons in our community so that they aren't additionally exploited in addition to what they're going through with ICE.
Also, it's not only undocumented immigrants now.
It's permanent residents.
It's persons applying for naturalization.
It's people with visas.
This is really widespread what's going on.
Thank you.
Thank you, Carol.
Hi.
Good evening.
My name is Abigail Esperance.
I'm the co-director of the Immigration Unit at East Bay Community Law Center.
And I wanted to thank everybody here who collaborated on the thought partnership and drafting of the ordinance.
So many of you gave your time and expertise in making this happen, and particularly with the mayor adding the transparency and accountability measures.
With these additions, I'm speaking in support of the ordinance, and I urge you to pass it.
Sanctuary City policies keep communities safer by building trust between residents.

Segment 7

Local Police and Government.
And this ordinance is a vital step to reaffirming Berkeley's commitment to being a sanctuary city.
As an immigration attorney, I meet every day with members who are terrorized by the current administration's unlawful immigration enforcement actions.
And this is a step towards building trust in Berkeley and helping build trust, continue building trust, so we can face this fight together.
So thank you.
Thank you.
So folks, there are five hands online.
I just want to check in.
Do we want to keep going through? Okay.
Okay.
I'm seeing head nods.
Yes.
Okay.
So we're going to move online.
Yes, so now is the time if you want to speak on the sanctuary city ordinance on Zoom to raise your hand.
The first speaker is Eliza.
Good evening, Madam Mayor, Council members and community.
My name is Eliza Cosme, and I'm speaking on behalf of Alameda County Supervisor Nikki Portinato-Bass to share support for the sanctuary city ordinance.
We applaud the proactive measures that Berkeley has taken to protect our immigrant communities, and we pledge to continue doing our part.
To resource our communities by funding Know Your Rights trainings, the Rapid Response Hotline, community organizing and deportation defense.
As we are doing everything in our power to protect our immigrant communities, it's absolutely vital that we uphold constitutional rights, including privacy rights and the dignity of everyone in our community, especially immigrants.
And I acknowledge and appreciate the community's comments tonight, including on ways that the ordinance could potentially be made even stronger.
Thank you.
Thank you.
And just to note that at least has actually been coming to the sanctuary city task force meeting.
So thank you so much for attending and for representing the supervisor.
Okay, next speaker is Cheryl Davila, former council member.
You will not have a minute from Armando and Robert Davila.
That should be online.
So I have 3 minutes.
If you can start my time again, I appreciate it.
The other Armando? Armando.
Armando.
Are they here in a phone number on the zoom? See, Robert, he's Armando.
I can.
He's in my he's here.
I can tell he's in the.
I don't know, maybe you got logged off, but anyway, we'll just give you the 2 minutes you've got then.
So, um.
For 1, I want to thank all the immigrant community who came out to the meeting tonight and all that.
Are representing someone that I was afraid to come out.
My husband's his parents were immigrants.
The city of Berkeley should pass.
A solid, strong ordinance and with those amendments, my only concern 1 of my concerns is that.
What if you talks about the federal immigration enforcement.
Throughout the document, the ordinance, but what about.
The federal bureau investigation, or the CIA or homeland security, or some other police department, or.
I know, I mean, some other agency or armed guards, the Marines, or, you know, who and who knows who they're going to send.
So.
I don't know if federal immigration enforcement includes all that.
So, you should, I would say explicitly.
Call those out if they're not already, I did not finish reading the ordinance because I don't have to, but I started I read, I summed it.
I summer I skimmed it.
But, yeah, you need to also, I mean, and I hope that.
You won't be selective in the immigrants that you choose to.
Support and provide a sanctuary city too, because we know.
You're not keen on Palestinians who could be immigrants.
I don't know how you feel about Haitians or Sudan or Lebanese or Yemen or any of those.
Thank you next is a speaker with a phone number ending in 4 0.
5.
I lived in Berkeley since 1952, and I've lived by the maximum, whatever environment you're in, make it better.
Yeah, this ordinance will certainly make Berkeley better.
So I heard the council to enforce it and I also want to express gratitude to each council member for giving time and energy focus and I hope affirmation to this ordinance.
Thank you.
Thank you.
Next is Daniel Brownson.
The only thing wrong with this ordinance is it doesn't have enough teeth, but it's a good step forward sanctuary forever surveillance.
Never.
We Palestine, thank you.
Last speaker is Marissa.
Thank you.
I just want to add that it's really important that this ordinance I really want to thank everyone.
Of course, that has worked on it, but it's really important that we add reporting requirements.
When the city does share data with immigration enforcement enforcement agent, I think it's a missing piece and hopefully it will make it into the ordinance.
Thank you.
Thank you.
Okay.
That that's all no more speakers.
Okay.
All right, thank you very much.
So we will move on to council member comments and just a reminder folks, we will have our 5 minute clock up there.
Okay, council member Black, thanks, Madam Mayor and thank you for everyone who participated tonight and over the past many months.
I also want to thank our city attorney and her team for the analysis, research and consultations with the mayor, the city manager and members of the mayor's sanctuary city task force to develop the first Berkeley ordinance to codify the city of Berkeley as a sanctuary city.
The proposed ordinance builds on the city's latest sanctuary city reaffirmation resolution, which I authored in January alongside Mayor Ishii, Council Member Luna Parra, Council Member Kaplan.
I'm proud that it's the first legislation I put forward on the city council because it's the right thing to do.
Like so many of my colleagues on this dais, supporting our immigration community is personal.
It's personal to me.
My partner, Larry, and his four older siblings and his parents immigrated to the United States from Vietnam in 1975 after the fall of Saigon.
In fact, Larry was born in a refugee camp in Arkansas.
He and his family were sponsored by another family in Virginia, which brought them to the United States, and they settled in Houston.
Our lives are so enriched by our immigrant friends and neighbors.
They're contributors to our communities, they're contributors to our families, and our lives, my life, would not be the same without our immigrant community.
So I'm proud to stand with our friends and neighbors and our advocates in support of this resolution today, in support of this ordinance.
As the city attorney's office presented tonight, this new ordinance does make a few really significant changes that build on what we did in January.
First, it does create a new reporting procedure so that the council and public will know about incidents as soon as they happen, and then we'll have an annual report back at the end of every year.
It creates a new definition of protected personal information, which broadens it to include more information that could be used to trace immigration status, and it prevents city officials from disclosing that information to federal officials.
Third, it clarifies city policy by creating clear definitions of terms that are undefined in our original resolution.
Fourth, it makes clear that city policy applies equally to immigration enforcement actions in schools, after school programs, hospitals, places of worship, and more.
And finally, it makes clear that what we've done in prior resolutions are superseded for clarity, and this represents the latest and greatest effort at how we are defining ourselves as a sanctuary city.
Putting Berkeley's sanctuary city standing into an ordinance helps ensure that it is clearly codified in city law now and for the future.
I want to thank all of our community partners for their hard work, for our immigrant friends and neighbors each and every day.
They truly are on the front lines of this fight, and we stand with them.
I value their support and advocacy around tonight's ordinance, which has brought us to this point.
We certainly would not be here without you, in particular Lisa, Myrna, Rebecca, Abigail, and so many others that we can't name, but we appreciate your participation.
I'd like to thank the mayor for her amendments, thank my colleagues for their support.
I'm very proud and honored to be able to vote for this ordinance tonight.
Thank you.
Thank you.
Council Member Humbert.
Thank you, Madam Mayor.
And I want to thank you again.
I want to thank the mayor and her staff for all of their work on this ordinance to codify our sanctuary city policies and for including me as a co-sponsor on this item.
I have a personal connection to immigrants.
Both my daughters are immigrants from China, and I counsel them every day.
Keep your real ID in your wallet and keep a photograph of the front page of your passport.
I worry about them.
I want to thank also the individuals and organizations who have advocated for this, and the city attorney's office for their work to make it workable and airtight.
Really hard work on that.
At this point, honestly, I feel that this ordinance reflects something even broader and more fundamental than just being a sanctuary city, as we previously called it.
What we're really doing here is reaffirming that we are a civil liberties city, a United States Constitution city.
It is shocking and appalling that local governments are now compelled to defend their residents against gross violations of their freedoms by the federal government, by our own government.
The idea that a federal agent can abduct someone just for the color of their skin or the language they grew up speaking is unconscionable, and it's fascist.
The parallels to 1930s Germany are clear and compelling and frightening.
We're there.
I think that I and everyone on this dais joined the city council when we did.
We swore an oath to uphold and defend the U.S.
Constitution, and that is precisely what we are doing here tonight.
Declaring the form of municipal law that the city of Berkeley and its various departments and its staff will have no part, will not collaborate, in the dismantling of our hard-won constitutional protections and freedoms.
The steps we are taking here tonight are not just about protecting immigrants and people of color, though.
It is about protecting all of us, because we know from history and the current administration's own rhetoric, which we, they, he says it, they say it, we should believe it, they do not plan to stop here.
We must draw a clear and legal line in the sand to say that we will not take part in extrajudicial federal actions, and that is what we are doing tonight.
So thank you again to everyone involved for your good work and for your courage, and thank you for everyone who's come here and spoken tonight about this, this, this ordinance.
I'm proud to be a co-sponsor and to vote for this tonight.
Thank you.
Thank you, Councilmember.
Thank you.
I, those of you who have heard this before, apologies in advance, but I think it is appropriate to share my life story.
I am an immigrant.
I am a son and a grandson of immigrants.
We were able to come to this country, but for the grace of God and immigration policies in this nation that were based on understanding the strengths of our country being elevated when our country is more diverse.
My grandfather fought the Nazis in World War II and survived a growing authoritarianism in what was formerly prior to it being Ukraine, my country aboard the Soviet Union.
We were able to get him here after he faced attacks on his Jewish faith.
We were able to get him here through asylum.
It marks almost a year since his passing, and as heart-rending as it was to lose him, the one thing that keeps me up at night when I look at horrendous stories every single day emerging from all over our country, that he did not have to bear witness to what he spent his entire lifetime fighting.
What is going on in this country under this federal administration is both targeted and indiscriminate.
It is targeted because, as some have mentioned, the Supreme Court's policy now is to normalize racial profiling, and it is indiscriminate because it is specifically set up to instill fear among all.
It is going after not the quote-unquote lowest of the low, but everybody who has always been a hard-working, contributing member to this nation, such as the over 300 South Korean nationals that were detained, or some would say kidnapped, by U.S.
immigration authorities just a few days ago at a Hyundai factory in Georgia.
There are many other stories like that.
What we have before us tonight is our community response.
I want to thank the mayor, the co-sponsors, their respective staff members, and a special thank you to Farima, Katrina, and all on her team, as well as city staff.
I am proud that our community response of heart, soul, courage, and love also has as its product one of the strongest ordinances in the nation.
It is my hope that this ordinance, which I am proud to vote for tonight, will also be something that my ancestors and the ancestors of my loved one, the daughter of a Filipino Manong or farm worker, would be proud of.
We will continue together to fight back using all available legal means, because an injury to one is an injury to all, always.
Si se puede.
Thank you.
Council Member Lunapara.
Thank you.
I first want to give a really big shout out to all of the community partners in the Sanctuary City Task Force.
A special shout out to the organizations in the Berkeley Immigration Collaborative, East Bay Sanctuary Covenant, Social Justice Collaborative, Multicultural Institute, East Bay Community Law Center, and Oasis Legal Services, as well as Secure Justice.
For anyone who wants to support our immigrant neighbors but doesn't know where to start, please reach out to these organizations and they'll help you get involved.
I also want to thank the City Attorney's Office, mainly Katrina, for all of their work on this item.
And I want to thank my colleagues, Mayor Ishii and Council Members Blackaby and Humbert, for their collaboration to fine tune some of the last minor language changes.
We've been asked why this matters.
And it's true, as Council Member Blackaby said, that there are important substantive language changes that strengthen and clarify our Sanctuary City policy.
But it's so much more than that.
It is an opportunity to show that we will not back down in the face of authoritarianism.
Even as other cities collaborate with our fascist federal government, Berkeley will stand strong and link arms around immigrants, queer people, people seeking abortions, and all those who live, work, and study and visit our beautiful city.
I'm also aware that as an elected official and as the daughter of Mexican immigrants, and as a young person, I am in spaces where people like me often aren't welcome.
I'm committed to using this platform given to me by the people of District 7 to speak out and fight for immigrants, and I'm grateful for my colleagues and community support.
Especially now, when Trump's hand-picked Supreme Court rule just ruled that skin color, language, or occupation can be used as probable cause to detain someone.
When the highest levels of our government are codifying racism and xenophobia into law and sending mass men to kidnap people off our street, we must do everything in our power to fight back.
Tonight, as we pass the first reading of this ordinance, tomorrow we will train our community how to respond when ICE shows up.
And one day we will abolish ICE, expand the Supreme Court, and have true rights and dignity for all people who call this land their home.
As Councilmember Trago said, si se puede.
Thank you.
Thank you.
Yes, Councilmember Casarwani.
Thank you very much, Madam Mayor.
I want to thank you and the Councilmembers who co-sponsored this item, Councilmembers Blackabee, Lunapata, and Humbert.
And I especially want to recognize, as Councilmember Blackabee noted, the resolution that was first passed.
And I also want to thank the City Attorney's Office for all of their work in bringing this before us.
I want to thank those who participated in the Mayor's Sanctuary City Task Force.
And I also really want to recognize and thank the immigrants who spoke to us tonight, especially the undocumented immigrants that we heard from.
It was very moving to me because we were able to hear your stories about living in our city for decades, doing honest, dignified work, and just wanting to raise your children here.
And I think we can all identify with that.
And I think all of us on this Council, we just want you to know that you are welcome here.
And we are very proud to take this step to codify the values and the resolution that we have had.
But just to make it very clear, make it something that you can read easily when you go on our website and look up the Berkeley Municipal Code.
And like so many here on this dais, like so many of you, my family, we are also immigrants.
My father came to this country as an immigrant from India in 1969.
And I just really believe and I've seen in my own life that immigrants enrich our city, our state, and our country.
And it is truly heartbreaking to see the viciousness with which this administration is just going after people who, like the people who came here tonight, are just simply trying to live honest lives and do dignified work and take care of their families.
You know, these are not criminals.
And we really, you know, so I'm just really grateful that we can pass this ordinance tonight.
Si, se puede.
Thank you.
Thank you, Council Member O'Keefe.
Alrighty.
Thank you.
Thank you.
I think it's been said a number of times, but thank you to all the everybody who worked really hard on this, which I know is many, many people on this dais.
So really, thank you so much.
As a former immigration attorney who actually is the East Bay Sanctuary Covenant representative still here.
You know, I interned in the early 2000s with you guys, so it was a great experience.
And you're wonderful.
Thank you for all the work you do.
So as with that background, protecting and advocating for immigrants is a calling that lives very deep in my heart.
I'm really proud to be supporting this tonight.
I think it represents our strongest community values, not just to protect the happiness and security in the lives of all of our residents, but also to stand up against a hate and ignorance-fueled erosion of the rule of law that's threatening all of us, and especially threatening our most vulnerable community members.
As an elected official, the community has placed its trust in me, in all of us, to act boldly and fairly and from a place of care and love for our community.
I hope this ordinance brings a small amount of peace to all those in Berkeley who I know are scared and who are suffering.
I wish we could do more to ensure your safety, and I won't pretend that these laws are enough to protect you.
But I hope that you know that we stand with you and we care about you and we will not give up on you.
Thank you.
Thank you.
Thank you.
Other comments? Yeah.
Councilor.
Sorry, I hadn't prepared to speak, but I want to commend the bravery of the speakers tonight.
I know that it's not easy to come here and share your stories and make ourselves vulnerable.
I really want to recognize the very real power in your doing so.
I want to thank the mayor and the members of the task force, the city attorney's office.
I want to thank my colleagues for sharing their stories.
I will be voting yes, and I am very proud that we are taking this step.
And I feel immensely grateful to everyone in the room tonight.
And I want to thank you for trusting us and walking with us and know that we are here for you.
Thank you all so much.
Thank you.
I just want to add, I know I've got a chance to speak quite a bit already, but I am so honored to be mayor of a city that really where we can agree on something like this.
And I don't take that lightly.
There are mayors in other cities around the country right now that can't be a sanctuary city, can't even be an immigrant friendly city, which I think is the watered down version.
And so for us to be able to take this step and to do it, I'm hoping unanimously.
I am just so incredibly proud.
And in the meetings that we have with our sanctuary task force, there's just, for me, such an overwhelming feeling of community and just love and support.
And I'm so, so grateful to all the community members and the community organizations that have been a part of it.
It's absolutely been one of the most touching and inspiring parts of my work that I've been able to do in the last eight-ish months now.
So I just want to say thank you all so much to our community members who came out today to speak in favor of this.
And thank you so much to our staff, who have really not only done the work to make this happen, but I know will also do the work to implement it.
So thank you very much.
And with that, I'd like to move the motion and including our two amendments that we've discussed as well.
Second.
Second.
Thank you.
Can we take the roll, actually? Sure.
Thanks.
Yes, to adopt first readings of first reading of the sanctuary city ordinance, including the two amendments read into the record by Mayor Ishii.
Council Member Casarwani? Yes.
Taplin? Yes.
Trigub? I times 100.
O'Keefe? Yes, times 1,000.
Blackaby? Yes.
Lunapara? Yes.
Humber? Yes.
And Mayor Ishii? Yes.
Okay, motion carries.
Thank you all.
So that was our final item on the action calendar.
So is there a motion to adjourn? Second.
Oh, sorry.
Thank you.
Yes, we do.
Apologies.
Is there any other public comment for non-agenda items? Yes.
Thank you.
I'll be brief so you guys can get out of here.
Jack Kurzweil wanted to give this comment at the beginning, but he had to leave.
Speaking on behalf of taking my rent board hat off, the Wellstone Democratic Renewal Club just overwhelmingly endorsed Prop 50 to address redistricting and combat the gerrymandering in Texas.
Jack sent you all an email asking you guys to get involved.
I would encourage you to reach out to your constituents.
This is going to be a very short turnaround of an election, very low turnout election.
We need to do everything we can to make sure that we get out the vote in Berkeley, and hopefully we'll be reaching out to you again soon to collaborate on this measure.
So thank you.
Thank you.
Thank you so much.
I don't see any other non-agenda public comment online.
So, okay, with that, I think there was, is there a motion to adjourn? Okay.
And then a second? Second.
Okay.
All right.
Well? Now, is there any opposition to adjourning? Okay, very good.
Then we are adjourned.
Thank you.
We're adjourned.