Berkeley City Council
July 25, 2023

Public
ALPR Community Input Session Transcript
July 6, 2023
28 Currently our economy has gotten to the place where people cannot afford to live. We can't afford the apartments.

[Mari Mendonca] 18:53:13
The percentages in terms of how we define even affordable housing is not accurate because we take in the highest earners in our community to the lowest.

[Mari Mendonca] 18:53:24
And so when we find a median, it doesn't even, it doesn't even, support or help.

[Mari Mendonca] 18:53:29
Low incomeincome extremely low income because we're looking at at this vast difference of folks in our community.

[Mari Mendonca] 18:53:37
So, it's really important also to look historically at how police Surveve, has been used in racial profiling and discrimination.

[Mari Mendonca] 18:53:50
And like I said, when colonizers came to the community and came to this continent.

[Mari Mendonca] 18:53:56
It's the similar kind of propaganda that we're hearing now. Right. It's It's making criminals out of the folks who are not.

[Mari Mendonca] 18:54:05
Conforming or the folks who are not determining and defining what is, the. Society that is creating all the rules, right?

[Mari Mendonca] 18:54:19
Roles and regulations and systems for which that society is going to operate. And w e are in a dangerous moment now because you can see that this is paralleling exactly that same kind of tactic we have folks who are coming in, they're grabbing land, they're, you know, people who can afford the high price.

[Mari Mendonca] 18:54:37
And inflation of the cost of housing, which should be a human right constitutionally when we go back to what we said at the beginning in terms of life liberty and the pursuit of happiness, housing is a human right.

[Mari Mendonca] 18:54:48
Housing is something t hat should not be commodified and we just excuse the market in the commodification of it to be fine with creating homelessness.

[Mari Mendonca] 18:54:57
Seniors are going to be the next big wave of homeless people and are we just gonna just turn our cheek and just say oh it's the economy and it's their fault. We have to take responsibility.

Public
ALPR Community Input Session Transcript
July 6, 2023
29 [Mari Mendonca] 18:55:06
We are in a day and age where we have so much information. We have information, we have history.

[Mari Mendonca] 18:55:13
My son is studying in high school my youngest son all this history and they talk about the bourgeoisie they talk about all these times in history where we've seen this exact same tactic.

[Mari Mendonca] 18:55:22
Being used to criminalize communities and you know use and ext ract and take whatever the powers that be want to come and extract.

[Mari Mendonca] 18:55:34
Whether it's land, whether it's resources, whether it's slave labor, whatever it is.

[Mari Mendonca] 18:55:39
So we have a responsibility as human beings, supposedly the most intelligent creature on the planet Earth. To have some integrity to set practice humanity.

[Mari Mendonca] 18:55:52
To understand that it is the structure and the foundation of white supremacy and the society and the culture that we live in.

[Mari Mendonca] 18:56:02
That is not, we're not fighting crime people. You know, we are looking at things that are harming.

[Mari Mendonca] 18:56:10
The community, we're harming people. We're harming the planet. We're harming everything.

[Mari Mendonca] 18:56:14
We need to have a holistic. And truthful approach to how we are going to address equity and injustice and terrorism really, that, is just rampant.

[Mari Mendonca] 18:56:30
It's not just here, it's global. So. I appreciate the work that's going into this, you know, the other thing I will just add on, you know, you at the beginning you said.

[Mari Mendonca] 18:56:39
That to have an open mind right include diverse perspectives and that this conversation and art and theoretically all of our c onversations with counsel and elected are to inform and shape their decisions.

[Mari Mendonca] 18:56:53
But what I've witnessed is that there are particular agendas that support other agendas and the folks who usually control those are the people with the most wealth and power because they have the most voice and influence.

Public
ALPR Community Input Session Transcript
July 6, 2023
30 [Mari Mendonca] 18:57:04
And so, we actually aren't having robust conversations. We actually aren't including diverse perspectives.

[Mari Mendonca] 18:57:12
We actually aren't includi ng the truth of all the different people in our community. We are protecting the civil liberties of all people.

[Mari Mendonca] 18:57:19
So we need to step that up. We need to be accountable. We need to be honest, we need to be truthful and and really do engage in the way that that you had presented at the beginning, right?

[Mari Mendonca] 18:57:29
True open mind, true inclusivity. Inclusivity, true diverse perspective, true harmony humanity and love.

[Mari Mendonca] 18:57:39
And I think, The folks who a re talking about reimagining public safety, there nothing has been implemented.

[Mari Mendonca] 18:57:44
The community has had a beautiful vision and some community members actually have taken their personal time to do training to do with people who are going through mental health crisis so that as a community member they are having training to step in and do something that's more peaceful that's more mindful that's more based in humanity to deal with those

[Mari Mendonca] 18:58:02
things. We haven't seen any of that implemented by the promises and the people who have campaigned for that.

[Mari Mendonca] 18:58:08
We haven't seen that implemented. So we should not, you know, be careful about attacking that because no one's even really tried that yet.

[Mari Mendonca] 18:58:15
And again, thank you for the opportunity to speak and to share and for, you know, including us in the conversation this evening.

[Hansel Aguilar, Director of Police Accountability] 18:58:22 Thank you. Mr. Mario, could we, put a timer or at least, not a visual one, then have a one.

[Hansel Aguilar, Director of Police Accountability] 18:58:33 Chime up. We do have a few more members in committee. I wanna engage and we are. At this time.

[Hansel Aguilar, Director of Police Accountability] 18:58:39

Public
ALPR Community Input Session Transcript
July 6, 2023
31 Going to be going to 7 30 so we wanna make sure that will budget in time accordingly.

[Hansel Aguilar, Director of Police Accountability] 18:58:45 Yeah, and the screen to, then at least just have, the timer go off at the 2 min mark.

[Jose Murillo, ODPA Policy Analyst] 18:58:46
Yes, one moment.

[Jose Murillo, ODPA Policy Analyst] 18:58:54
Yes, one moment.

[Hansel Aguilar, Director of Police Accountability] 18:58:56 Okay, and while you're doing that, I'll go ahead and allow the next speaker.

[Hansel Aguilar, Director of Police Accountability] 18:59:04 Miss.

[Ms. Omowale Fowles] 18:59:07
Yes, thank you very much. I appreciate the time that the Accountability group has giving us, I wanted to be sure that you are.

[Ms. Omowale Fowles] 18:59:17
Focused on not only our rights as civilians. And our human rights but also a question that was asked earlier.

[Ms. Omowale Fowles] 18:59:27
Was whether or not the cars of interest. Would be. If they were if they were parked somewhere in somebody's neighborhood and this was a neighborhood that didn't have.

[Ms. Omowale Fowles] 18:59:41
Off street parking where you have residents. Parked in front of their homes. Would the license plates?

[Ms. Omowale Fowles] 18:59:48
Of the neighbors who are parked in front of their homes also be put through the data ringer with the car of interest.

[Ms. Omowale Fowles] 18:59:58
And that question was not answered directly. There was something about training and something about something else, but we didn't we didn't hear whether or not the rights of the people.

[Ms. Omowale Fowles] 19:00:07
Who own the house or the house is or the neighborhood. Who have to park on the street. We're going to be violated by the license plate readers.

[Ms. Omowale Fowles] 19:00:17
I would like to have that question answered by your by your staff. Thank you.

Public
ALPR Community Input Session Transcript
July 6, 2023
32 [Hansel Aguilar, Director of Police Accountability] 19:00:22 Jose, were you able to get the, Okay. Okay, and I do wanna, just address that and it wasn't my intention to avoid that question.

[Jose Murillo, ODPA Policy Analyst] 19:00:25
Yes.

[Hansel Aguilar, Director of Police Accountability] 19:00:34 I, there are some logistical questions and how this technology is going to be used. Some investigative logistics that it's not clear to our office or to the board at this moment.

[Hansel Aguilar, Director of Police Accountability] 19:00:46 In general though if there's a vehicle of interest the police department can answer that into the database.

[Hansel Aguilar, Director of Police Accountability] 19:00:52 Again, they will still need to meet legal established legal thresholds to take community, to take, any enforcement action, but, I, and I apologize if I attempted to answer that question earlier and didn't do it.

[Hansel Aguilar, Director of Police Accountability] 19:01:05 We're satisfaction, but I can definitely register that question and then follow up with the police department if so they can provide work guidance or clarity on that particular matter.

[Hansel Aguilar, Director of Police Accountability] 19:01:21 Would be good. Go on to the next speaker.

[Jose Murillo, ODPA Policy Analyst] 19:01:24
Okay.

[Jose Murillo, ODPA Policy Analyst] 19:01:29
Jp, you have been granted permission to speak.

[JP] 19:01:34
Can you he ar me? Okay. First I'd like to comment that the first caller, the crime is that the first caller were was concerned about.

[Jose Murillo, ODPA Policy Analyst] 19:01:36
Yes.

[JP] 19:01:48
That the. The setup of the APLRs as they're presented.

[JP] 19:01:56
None of the crimes that Caller mentioned would be affected in any way whatsoever. By the ALPR.

They would not be caught.

Public
ALPR Community Input Session Transcript
July 6, 2023
33 [JP] 19:02:07
They would not be detected. The APLRs are proposed to ring the city, not be downtown around the police station.

[JP] 19:02:16
But more than that. I would like to address the question of the effectiveness. And has questioned the effectiveness and said that there are there is not a lot of data on the effectiveness of the But I would like to suggest that there is a vast amount of data on the effectiveness of ALPRs.

[JP] 19:02:44
And that the Pab and the City Council and the police need to look at it. And that data is.

[JP] 19:02:52
The crime statistics for the United States over the last couple of decades. Right. ALPRs ar e said to reduce.

[JP] 19:03:03
The rate of crimes of certain crimes of all crime depending on who you listen to. Okay, but If you look at the data and this is readily available online, just look at the data.

[JP] 19:03:19
You will see that crime What most crimes. We're reduced over The time from about the year 2,000 to the year 2010 or 2012.

[JP] 19:03:31
We 4 ALPRs were ever deployed on a massive scale in the United States. And then if you look at the crime data from 2,012 for the next 10 years.

[JP] 19:03:45
What you will see. Is that crime? Crimes remained the same or increased. Right?

[JP] 19:04:00
So, but that was exactly the time when ALPRs were deployed and mass throughout the United States.

[JP] 19:04:05
So the rate of auto theft instead of going down in the last decade actually went up a little bit.

[JP] 19:04:13
So there is no evidence whatsoever. Through this massive database across the entire US. That ALPRs.

[JP] 19:04:22
We do reduce the theft of auto rate. If you look at murders, you'll see the same thing.

[JP] 19:04:30

Public
ALPR Community Input Session Transcript
July 6, 2023
34 If you look at the general crime rate, you'll see the same thing. So there is no effectiveness to this to this technology.

[JP] 19:04:40
It doesn't do what it's advertised to do, even though anecdotally, of course, you can find a couple of circumstances where it catches something or whatever, but at my statistically it simply is not effective and therefore the cost is essentially infinite because you're spending money that could be better used that could be

[JP] 19:05:03
infinitely better used elsewhere because it just doesn't work.

[Jose Murillo, ODPA Policy Analyst] 19:05:09
Thank you.

[Jose Murillo, ODPA Policy Analyst] 19:05:16
Okay. Steve, I should be allowed to speak. I'll start the timer once you unmute.

[Jose Murillo, ODPA Policy Analyst] 19:05:27
And I apologize if I mispronounced your last name.

[Steve Ravellette] 19:05:29
Oh, you got it correctly. Thank you very much. Let's just start on Wednesday, June 20 first of this year.

[Steve Ravellette] 19:05:37
A man attacked a summer exchange female student. Near College Avenue and Hay Street. In an effort to sexually assault her.

[Steve Ravellette] 19:05:46
He had followed her from a bar. Near campus, you know, telegraph and Durant.

[Steve Ravellette] 19:05:49
BPD, sex crime detectives investigated. And they were able to identify the suspect and his car in S.

[Steve Ravellette] 19:05:58
Saturday, June 20 fourth, the suspect was arrested around midnight. VPd patrol officer notice the vehicle license plate and the mail occupant that match the wanted person.

[Steve Ravellette] 19:06:10
The district attorney is charged as suspect with kidnapping to commit a sex crime and assault with intent to commit a sex crime.

[Steve Ravellette] 19:06:18
What do I mention this? The suspect felt completely comfortable to go back to the city of Berkeley to hunt more victims.

Public
ALPR Community Input Session Transcript
July 6, 2023
35 [Steve Ravellette] 19:06:25
Just 3 days earlier he had dragged a 21 year old female into the bushes, sexually assaulted her and got away.

[Steve Ravellette] 19:06:33
Well, BP did excellent police work, investigating and ultimately arresting the suspect. The suspect was so confident to roam the city of Berkeley and commit more criminal acts just 3 days later.

[Steve Ravellette] 19:06:44
It BPD would have had a readily available assistive technology. In the case.

[Steve Ravellette] 19:06:52
Place in strategic locations throughout the city. The suspect most likely would not have had the opportunity to hunt victims again 3 additional days.

[Steve Ravellette] 19:07:01
It's also should be noted that the suspect was emboldened. That he was arrested just a half block where he originally stalked his first victim.

[Steve Ravellette] 19:07:11
Berkeley residents, students, visitors, deserve and implore. The police ac countability board in partnership with the community to approve and utilize license plate rears as proposed by the Berkeley Police Department.

[Steve Ravellette] 19:07:23
Thank you for your time.

[Hansel Aguilar, Director of Police Accountability] 19:07:27 Thank you. We're going ahead and We're gonna adjust the time. To.

[Hansel Aguilar, Director of Police Accountability] 19:07:34 30 for the interest of time, make sure that we can get our community members that are waiting to see.

[Hansel Aguilar, Director of Police Accountability] 19:07:43 We'll go ahead and, you're muted. We'll say.

[Jose Murillo, ODPA Policy Analyst] 19:07:52
Sorry, just one moment.

[Hansel Aguilar, Director of Police Accountability] 19:08:04 Now go ahead and allow the next speaker. While you're doing it, LM, you are on right now.

[LM] 19:08:14
Hello, can you hear me?

Public
ALPR Community Input Session Transcript
July 6, 2023
36 [Jose Murillo, ODPA Policy Analyst] 19:08:16
Yes.

[LM] 19:08:18
Hi, good evening and I appreciate the initial presentation where you guys really shared.

Objectively both sides of the issue and I really appreciate you asking.

[LM] 19:08:30
To listen intently and be open minded and first speaker talking really start the court with me and definitely can relates to all the crime that it's happening and made me make makes me think what can we all do to prevent it.

[LM] 19:08:48
And toll catch criminals as soon as possible. So therefore I'm really here to show the support for ALPR and some on a call already mentioned by transparency hub that was established here in Berkeley.

[LM] 19:09:03
Actually, there is a sixth increase. percent increase in card and 50% increase in overall crime.

[LM] 19:09:12
All this is happening why police is under staff by 2030%. In neighboring cities, mansion, or in San Mateo and others, data actually shows that Taft has increased by 30% since installation of this.

[LM] 19:09:28
Readers. It's also throws that getting this information into efficiency to what Steve was talking about and lower times needed for police to investigate the crimes.

[LM] 19:09:39
It actually also minimized police presence. Needed to monitor interact with individuals causing crimes. Also, this technology is already used for collecting parking tickets and it's even also done without actual police being present.

[LM] 19:09:56
Ticket just arrives to the address for the person to pay. So if this technology makes me think if this technology is used.

[LM] 19:10:03
Enforce parking and for city profits. I sure hope it can be used to protect this really crime -er communities where criminals are really brazen and come back day after day to commit the crimes.

[LM] 19:10:22
I feel concerned about privacy as well. And, What we know is that technology captures the license plate, make of the car, color of the car, which actually none of them are person, personal indenti for us and therefore risk is very law of privacy issues.

[LM] 19:10:44

Public
ALPR Community Input Session Transcript
July 6, 2023
37 I agree that measures needs to be put around this technology and access and security but it's done many times in many technologies where privacy is the problem.

[LM] 19:10:54
So I believe really that pros for this technology outweigh the. And it's really high time for Berkeley to increase its focus on proactively preventing to increase its focus on proactively preventing crimes and capturing ones who commit crime as soon as possible.

[Hansel Aguilar, Director of Police Accountability] 19:11:08 Thank you, Alan, for your comment. Jose, are we able to get the, The timer up.

[Jose Murillo, ODPA Policy Analyst] 19:11:15
Yes.

[Hansel Aguilar, Director of Police Accountability] 19:11:15 That was under. Okay. And I do also want to.

[Hansel Aguilar, Director of Police Accountability] 19:11:19 Just highlight 1 point that the last speaker made of she indicated she went on the transparency hub and that is something that we we hope that more community members are engaging with that data.

[Hansel Aguilar, Director of Police Accountability] 19:11:34 It is an important tool that community members have at their disposal to be able to look at these trends and these patterns.

[Hansel Aguilar, Director of Police Accountability] 19:11:39 So thank you for plugging that in here.

[Hansel Aguilar, Director of Police Accountability] 19:11:42 Next video, please.

[Jose Murillo, ODPA Policy Analyst] 19:11:49
At, you have permission to speak. As soon as you're unmuted, I'll get the timer going.

[AT] 19:11:55
Hi, thank you for giving me a chance to give your comments. Okay, I'm the parents for UC Berkeley.

[AT] 19:12:06
The UC Berkeley, so you earned a number 3 spa on the list of most dangerous college ranking.

[AT] 19:12:12
By the business insider with us recent burglary amounting of 23,000. The safety issue in Berkeley is already rotten.

[AT] 19:12:21

Public
ALPR Community Input Session Transcript
July 6, 2023
38 Everybody knows. This is not a safe city to stay to live and to hang out. You think the criminal didn't know that?

[AT] 19:12:31
They know this is this is a see that it's so easy to commit crime and they have so many of easy target which are what I mean is the Cal students.

[AT] 19:12:41
So now any tools that will help to reduce the crime is a Moscow item. We do not have enough police personnel in Berkeley.

[AT] 19:12:51
By at least to establish an image to make Berkeley. A city that's hard to commit crime.

[Jose Murillo, ODPA Policy Analyst] 19:12:56
Okay.

[AT] 19:12:59
Many Bay Area cities already. Have license plate readers. CPU again, let me remind you of reported a 33% decrease in vehicle thefts.

[AT] 19:13:13
And the 35% increase in related arrests. In connection with the ALPR program.

[AT] 19:13:21
If we don't catch up. All the criminals will start flowing our directions. And the citizen in Berkeley which will including the Cal students the easy target.

[AT] 19:13:33
Will become the victims of this proposal rejection. Bye them, I think. Who is responsible for that?

[AT] 19:13:40
You know, think about it. Thank you.

[Jose Murillo, ODPA Policy Analyst] 19:13:45
Thank you.

[Jose Murillo, ODPA Policy Analyst] 19:13:48
Okay.

[Jose Murillo, ODPA Policy Analyst] 19:13:54
Okay, Robert, you have been granted permission to speak. I have restarted the timer and as soon as you're muted we'll get that going.

[Roberto] 19:14:01
Yes, good evening and thank you for providing us with such useful information in regards to the Al PRs.

Public
ALPR Community Input Session Transcript
July 6, 2023
39 [Roberto] 19:14:09
Really appreciate it. I'd like to start off with Give me now a shot off to All of the victims are hardworking victims that have been, victims of Theft and violent crime.

[Roberto] 19:14:26
People that have worked hard to but purchase a automobile that has been s tolen. People that have bought multiple catalytic converters.

[Roberto] 19:14:38
That have to put their hard earned money into such purchases because we are not willing to spend money to, protect these people.

[Roberto] 19:14:48
And I cannot even speak o f the people that have been victims. A violent crime, some of which were mentioned earlier tonight.

[Roberto] 19:14:59
I think it's time. To do some common sense. Police work and the ALPRs will provide us with the opportunity to do so.

[Roberto] 19:15:09
We are in danger of falling behind some of our a neighboring communities in regards to this type of technology.

[Roberto] 19:15:16
So common sense police, you know, police, you know, I'm sorry, is, long overdue.

[Roberto] 19:15:23
The problem is that we are lacking common sense decision making and I think it's about time. We put an end to that.

[Roberto] 19:15:32
Be able to track the stolen car or. Person, a child. That has just been abducted.

[Roberto] 19:15:40
I mean People talk about the cost of this and the reliability. And so forth. We need to start talking about what can.

[Roberto] 19:15:50
Be done with these with this technology such as being able to save an adaptive abductic child and we know that.

[Roberto] 19:15:59
In in Berkeley. Things like this have been attempted. Abductions of adults and children alike.

[Roberto] 19:16:08

Public
ALPR Community Input Session Transcript
July 6, 2023
40 So I just wanna say that, you know, please. Let's have a little bit more common sense.

[Roberto] 19:16:13
Let's put our politics aside. Let's look at technology we consider our city to be progressive.

[Roberto] 19:16:19
Well, now is the time to take a step forward by catching up to everybody else. Thank you.

[Roberto] 19:16:25
Good night.

[Jose Murillo, ODPA Policy Analyst] 19:16:28
Thank you.

[Jose Murillo, ODPA Policy Analyst] 19:16:31
Okay, now we have former council member Cheryl Dabbler.

[Jose Murillo, ODPA Policy Analyst] 19:16:37
You have been. A lot permission to speak.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:16:42 Hi. So we already heard from many people, I agree with Maori, Kit.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:16:50 And the people that have. Are in opposition of these ALPRs. They don't provide crimes.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:17:03 They might. A and solving them, but it's gonna all be after the fact. But if you invested in community and humanity and people.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:17:17 And created jobs and opportunities that will also reduce crime. And. What you don't realize.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:17:30 Is that these ALPRs will track? Each and every one of us and we were already know that the you know, Berkeley's police department.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:17:45 Has documented history. And probably present. Because during COVID it increased it, which is the racial disparity in stocks.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:17:59 This is well documented and the CPE report. In the draft report. Since COVID, racial profiling has gone up.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:18:10 So to give this a tool to a police department that doesn't.

Public
ALPR Community Input Session Transcript
July 6, 2023
41 [Cheryl Davila Former Councilmember, Founder CEMTF] 19:18:19 Treat people equally or fairly. And equitably is going to be, you know, exasperate.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:18:28 This increase the problem that already exists. And.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:18:37 For instance, I know someone like that went out to Dublin. With someone that had been arrested.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:18:45 And so when they entered the town, they knew that they entered because of their license plate readers. It was either Dublin or a little bit more.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:18:54 They got pulled over on their way home out of that town. And that they knew where they went.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:19:01 They knew that they didn't purchase anything when they went shopping in the mall. They knew what stores they went in in the mall.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:19:06 This is the tracking that can happen and it can also impact transgender folks that are coming here for whatever reasons from another state, immigrants, you know, all kinds of things.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:19:19 People that come to this area to receive, abortions or that type of si tuation so it can be used against us and.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:19:35 And it's gonna mostly impact black and brown. Indigenous people. So that's what I would say.

[Cheryl Davila Former Councilmember, Founder CEMTF] 19:19:42 Invest in humanity and opportunities to prevent crime, not these license plate readers that are gonna make the problem worse for.

[Jose Murillo, ODPA Policy Analyst] 19:19:55
Thank you.

[Jose Murillo, ODPA Policy Analyst] 19:20:02
George Lipman, the mic is yours.

[George Lippman] 19:20:04
Thank you. Yes, I have a question for you. Staff. So, but first I wanna assume for the moment that Everybody here, everybody in this conversation supports both security and civil rights.

[George Lippman] 19:20:20

Public
ALPR Community Input Session Transcript
July 6, 2023
42 My question therefore is Will there be appropriate oversight? To make sure that any misuse of the data. possibly by improper sharing of data on the cloud.

[George Lippman] 19:20:36
Can be determined. I know that you've had difficulty as the PAB and the Office of the DPA getting across, access to departmental data, even though the city's charter gives you that power.

[George Lippman] 19:20:50
So, I don't know if this is come up. I think people were asking before, what's the format gonna be?

[George Lippman] 19:20:57
Where is this gonna be stored? Is it gonna be stored in the cloud. Will there be a mechanism?

[George Lippman] 19:21:03
That's guaranteed that that can guarantee that not be shared or taken by other agencies such as those that maybe up to nefar ious purposes like, oh, who's going to California to get abortions, whatever the case may be.

[George Lippman] 19:21:22
So that's, my question. Will there be a chance for the board or the office to take a look at the data and see that that it's being taken care of appropriately.

[George Lippman] 19:21:37
And you know, we, we think, we, wanna think the best. Of authority.

[George Lippman] 19:21:46
We also need checks and balances just like they have in Washington DC and we need to not demean the oversight bodies as some in Washington are doing at this moment.

[George Lippman] 19:21:57
Thank you. So that's my question.

[Hansel Aguilar, Director of Police Accountability] 19:22:02 Say are you able to adjust the time to 2 min? I just want to make sure we get as many members of the public and members of the public, just if we are happy and adjusting the time as you see to make sure we get as many voices here tonight.

[Hansel Aguilar, Director of Police Accountability] 19:22:15 I do wanna just acknowledge that again that the police department did respond back to some of the board's concerns in the discussions over the last few weeks that have been concerns expressed by this office and the board, about the accountability portion.

[Hansel Aguilar, Director of Police Accountability] 19:22:32 And I do know that there's language, in the revised policies about access to information for the board in the office.

[Hansel Aguilar, Director of Police Accountability] 19:22:41

Public
ALPR Community Input Session Transcript
July 6, 2023
43 In pursuant to investigations. There also is a n internal audit function that the, that is embedded within this proposed policies.

[Hansel Aguilar, Director of Police Accountability] 19:22:49 So the department, the administrator will be doing internal audits and those audits will be made available to the board in the office.

[Jose Murillo, ODPA Policy Analyst] 19:22:59
Okay. Crystal, you're a Coler. You have been granted permission to speak.

[Jose Murillo, ODPA Policy Analyst] 19:23:06
Okay.

[Christoverre Kohler] 19:23:06
Greetings everybody. I'm going to address a couple of things here. Some of which touches upon with previous speakers have already raised.

[Christoverre Kohler] 19:23:15
And one of the things that I think is important is that we're looking at data and that kind of information.

[Christoverre Kohler] 19:23:22
It's easy to make mistaken assumptions out of it. And I hear some of that I think tonight.

[Christoverre Kohler] 19:23:27
I had an experience with the ALPR views. That bit me hard, violated my civil rights badly.

[Christoverre Kohler] 19:23:35
And it happened in a way that I don't know that anybody could have anticipated. So here's a couple of things.

[Christoverre Kohler] 19:23:43
We have had aLPRs here in Berkeley, a couple of them for years. People don't always know that.

[Christoverre Kohler] 19:23:47
They've been used by the parking enforcement division. They drive around with them. They read the places they go and they give an alert if there's some liability.

[Christoverre Kohler] 19:23:57
And I have a, a vehicle that got booted. Here in Berkeley and.

[Christoverre Kohler] 19:24:02
I called in and II had one conversation with the sergeant or that division. And we noticed that my outstanding tickets were all the most trivial kind.

[Christoverre Kohler] 19:24:12

Public
ALPR Community Input Session Transcript
July 6, 2023
44 And proper display of, disability plackers. Some time in the morning when the whole day was reserved for street sleep and I didn't prevent any.

[Christoverre Kohler] 19:24:22
So, I was using my truck at the time for emergency lodging. I was in between places.

[Christoverre Kohler] 19:24:28
And so the granted me that they would return the vehicle to me. I could have more time to spend the tickets and I'd have more time to do some free markets with some money to The next day my truck was booted again.

[Christoverre Kohler] 19:24:43
This is on on a Friday night. And I called the boot company. Now here's where it is complex.

[Christoverre Kohler] 19:24:50
We have the officer who booted it called in the boot the company that handles the boots and they're the people I called.

[Christoverre Kohler] 19:24:56
And we decided with the customer service rep that it was mistaken. That the opposite driven by those tickets were still on the record.

[Christoverre Kohler] 19:25:06
They alerted the officer who did not read th e notes attached to the file. And in those notes were documented my conversation with the sergeant and the ration we had made.

[Christoverre Kohler] 19:25:17
She didn't see those so she had booted again. So I thought they were gonna send somebody out and take it off. They didn't.

[Christoverre Kohler] 19:25:23
Later that evening, I discovered that the, but, So I take it off and I called in to the sergeant.

[Christoverre Kohler] 19:25:31
I left voicemail messages about what should I do now. She never returned my calls. I called again the following week.

[Christoverre Kohler] 19:25:39
And, the, the book company who told me I was liable for a toe because I hadn't come in and paid everything off.

[Christoverre Kohler] 19:25:46
Like what you're supposed to do when you booted. And. I said it was a mistake and they hadn't confirmed that they had known anything.

[Christoverre Kohler] 19:25:53

Public
ALPR Community Input Session Transcript
July 6, 2023
45 So later that week, my truck in fact was hard. They have actually been going out to find the truck to take the boat off so that the truck was moved figured that I broke the boot and just on that assumption it took the truck.

[Christoverre Kohler] 19:26:08
I finally got it out again and I found out that the police department uses a couple of different databases.

[Christoverre Kohler] 19:26:15
They use a state one for criminal. They use an internal one for their purposes. I don't know if this is gonna be a third one.

[Christoverre Kohler] 19:26:20
But what we're gonna have is similar things where where the operator using ALPR for a particular purpose may or may not be fully informed.

[Christoverre Kohler] 19:26:31
Of everything they need to know before an act is made. That kind of complexity, I'm not clear on.

[Christoverre Kohler] 19:26:40
I've not seen any presentati ons satisfy me on that. The other thing I wanna point out is that the same data that was used a couple of years ago to show racial, disparity.

[Christoverre Kohler] 19:26:50
Actually, what was actually shown by that was almost all of those stops in the ra cially disparate were overnight.

[Christoverre Kohler] 19:26:56
And it's a national standard. Among all the experts that it's when you see that disparity in the daylight that you say are bias because at night it's much harder you're gonna see the race of an individual.

[Christoverre Kohler] 19:27:08
So really with that data showed was that our our police department is less dramatically less racially biased than others.

[Christoverre Kohler] 19:27:17
And it shows one other thing that I'm not seeing addressed as well, which is It may be at night we have a higher racial mix of one kind or another in Berkeley driving on the streets, in which case that could be part of the disparity as well.

[Christoverre Kohler] 19:27:34
I'm seeing that these ALPRs are intended to ring the city to look for incoming and outgoing traffic which says to my mind that they're looking for people not from Berkeley.

[Christoverre Kohler] 19:27:42

Public
ALPR Community Input Session Transcript
July 6, 2023
46 Or they wanna tracking for that reason and that would only be certain crimes I think. So I'm I'm not comfortable with theLPR.

[Christoverre Kohler] 19:27:53
So once that complexity is addressed in an innocent person shouldn't have to go through a lot of stuff.

[Christoverre Kohler] 19:27:55
I ended up losing my truck because of it. That people are be protected from things like that.

[Christoverre Kohler] 19:28:01
Secondly, if we have vendors and we have several databases and we have complexity. That has to get really well addressed before we rely on it.

[Christoverre Kohler] 19:28:09
Thank you.

[Hansel Aguilar, Director of Police Accountability] 19:28:09 Thank you. And I do wanna just give a another gentle reminder about the time we're gonna adjust it to.

[Hansel Aguilar, Director of Police Accountability] 19:28:17 1 min per speaker we're gonna knowledge the next 6 speakers that have their hands raised. We are trying to provide as much opportunity.

[Hansel Aguilar, Director of Police Accountability] 19:28:29 Do, remember that we're going to have the board is gonna have a meeting on July, the twelfth, which is next week.

[Hansel Aguilar, Director of Police Accountability] 19:28:34 They do have public comment sections. This item will be on the agenda if you want to. Share additional thoughts and commentary you're also more than welcome to email us we'll make sure that the email address is, provided and available for your, before your review before you leave the session tonight.

[Hansel Aguilar, Director of Police Accountability] 19:28:54 So the next few speakers are gonna have 1 min please.

[Geoff Lomax] 19:29:01
Good evening. Thanks very much. Just a couple of comments. First, the, The point on, you know, crime statistics, the only real stable variable that remains stable over time because of how things get reported as homicide rates.

[Geoff Lomax] 19:29:18
And they've dipped to some extent, which is true, but we still have horrendous homicide rates.

[Geoff Lomax] 19:29:24

Public
ALPR Community Input Session Transcript
July 6, 2023
47 We have the highest rates of any pretty much any country other than those experiencing active conflicts. So. The other the other types of crimes are simply going unreported or reported at much lower rates and they've changed a lot over time.

[Geoff Lomax] 19:29:40
Second, I really just caution about a recommendation. Of the level of study you're suggesting is necessary is effectively a case control study which would cost much more than the implementation of the policy.

[Geoff Lomax] 19:29:55
So simply implement the policy and do what everyone does. Avaluate it and see what its impact is over time under real world conditions.

[Geoff Lomax] 19:30:04
Thank you.

[Hansel Aguilar, Director of Police Accountability] 19:30:16 You're muted.

[maria sol] 19:30:19
Hello, can you hear me?

[Jose Murillo, ODPA Policy Analyst] 19:30:21
Yes.

[maria sol] 19:30:22
Okay, thank you very much for this and by the way on many meetings that put up a clock. You can politely.

[maria sol] 19:30:30
But the mic so that he can actually be adhered to. First of all, I've been the victim of a assault, stolen vehicles, hitting runs.

[maria sol] 19:30:39
Rape, etc. So I really empathize with anyone that is hurt. It's horrible to be violated.

[maria sol] 19:30:47
However, This is a complex issue. We have multiple crime sources. Or just because it's so darn profitable.

[maria sol] 19:30:58
It is extremely profitable. To be in organized crime. So who's that? But then more generally.

[maria sol] 19:31:05
We have desperate people. Desperate, overwhelmed, terrified people. Struggling to survive. So putting money.

Public
ALPR Community Input Session Transcript
July 6, 2023
48 [maria sol] 19:31:13
To support people in my view. Is preventing the harm. And that's, you know, an ounce of prevention is definitely worth a pound of cure.

[maria sol] 19:31:24
Thank you very much, all of you. Thank you.

[Jose Murillo, ODPA Policy Analyst] 19:31:28
Thank you.

[Jose Murillo, ODPA Policy Analyst] 19:31:36
Okay, and the caller ending with 7 8 7.

[] 19:31:43
Hello?

[Jose Murillo, ODPA Policy Analyst] 19:31:43
Okay, yes, we could hear you.

[] 19:31:47
Yes. I believe prevention. Is the Just starts with our youth.

[] 19:31:57
Programs. We eliminated free recreation programs. A prevention outlet to grow our children into productive human beings.

[] 19:32:09
I disagree with your proposal. I have been victimized by police. And also have been victim of kidnap and rape.

[] 19:32:23
However, implicit bias is a well-documented It does exist. I'm convinced if My license is seen.

[] 19:32:34
I will automatically be seen as guilty or involved. In bad behavior.

[] 19:32:43
Paul will this procedure eliminate implicit bias the practice of bigotry? And hatred.

[Jose Murillo, ODPA Policy Analyst] 19:33:01
And we just wanna confirm that that's the end of your comment in terms of the question. Director

[Hansel Aguilar, Director of Police Accountability] 19:33:08 Yes, if we can move to the next speaker at this time. We're just trying to make sure.

[Hansel Aguilar, Director of Police Accountability] 19:33:12 The last few speakers have an opportunity

Public
ALPR Community Input Session Transcript
July 6, 2023
49 [Jose Murillo, ODPA Policy Analyst] 19:33:15
Okay.

[Jose Murillo, ODPA Policy Analyst] 19:33:18
Okay, the speaker with citizen 5.

[Citizen Five] 19:33:24
Yes, hello, can you hear me?

[Jose Murillo, ODPA Policy Analyst] 19:33:26
Yes.

[Citizen Five] 19:33:28
Greetings, thank you. My name is Star Child and I am strongly against any additional surveillance.

[Citizen Five] 19:33:36
I want the surveillance that is already being, being constitutionally imposed on us to be eliminated.

I understand some people are concerned about crime, but as I posted in the questions I don't know if everyone can read those.

[Citizen Five] 19:33:51
I would ask them to be unblocked so people can read them because I put in a link with some background information.

[Citizen Five] 19:33:56
Given that the government has actually stolen more money from people in the US in recent years than petty criminals.

[Citizen Five] 19:34:01
That's all petty criminals combine. That's not even counting non -consensual taxation, but simply money.

[Citizen Five] 19:34:07
And property seized in forfeitures. Where they put the burden on you, the victim. To show that your resources were not involved in criminal activity.

[Citizen Five] 19:34:16
In order to get your money or property back. Isn't it the height of stupidity if your goal is to reduce crime?

[Citizen Five] 19:34:23
To put more power in the hands of government. The number one criminal organization in the United States. By giving them more power to monitor and track people.

[Citizen Five] 19:34:32
And potentially seize their resources.

Public
ALPR Community Input Session Transcript
July 6, 2023
50 [Citizen Five] 19:34:36
And there is that's my question. And in, there's a link to the story confirming this allegation.

[Jose Murillo, ODPA Policy Analyst] 19:34:38
Hi.

[Citizen Five] 19:34:44
How in the past 20 years they've stolen 68 billion dollars. In forfeitures for American citizens.

[Citizen Five] 19:34:50
And Pro Publica says that for some law enforcement agencies for FIFTHER funds have been as much as 20% of their budgets.

[Citizen Five] 19:34:57
And quote, most of this money and property is coming from poorer people. Unquote and they say that's particularly frustrating when you consider the petty penalty pittances paid by most white collar criminals.

[Citizen Five] 19:35:09
So government using it's information to go after people. And primarily poor people are more likely to be brown black, etc.

[Citizen Five] 19:35:20
To seize their money and then people don't have the resources to fight them to get their property back.

[Citizen Five] 19:35:24
And if you allow more surveillance. You're enabling more of this kind of the ft. From the number one criminal organization in the United States and that is the government.

[Citizen Five] 19:35:33
And I would like to hear responses. Thank you.

[Hansel Aguilar, Director of Police Accountability] 19:35:39 Thank you for your commentary. As we mentioned at this time, we're not going to be responding back.

[Hansel Aguilar, Director of Police Accountability] 19:35:45 We will be moving, the discussion to the to the police accountability board meeting if you're interested in engaging further.

[Hansel Aguilar, Director of Police Accountability] 19:35:53 If you can, allow the next speaker, please.

[Jose Murillo, ODPA Policy Analyst] 19:35:57
Rivka Blocknick.

Public
ALPR Community Input Session Transcript
July 6, 2023
51 [M. Rivka Polatnick] 19:35:57
Hi, this is RIFKa. I urge you to keep in mi nd the bigger picture of what public safety means certainly.

[M. Rivka Polatnick] 19:36:07
We all are unhappy with crime, but public safety includes having the means to survive live. You know, liver.

[M. Rivka Polatnick] 19:36:18
Thriving life and people deprived of that may. Turn to crime, but Also look at the budget because The issues of cost are important and effectiveness because there are so many competing claims for the limited money that we have and when something like this gets funded and it turns out to be much more expensive than at first look.

[M. Rivka Polatnick] 19:36:43
That means that other things are not getting funded or being cut. Programs that do prevention and intervene with youth and higher community members who themselves got in gangs or crime who regret it and are really eager to mentor youth and lead them away from crime.

[M. Rivka Polatnick] 19:37:07
There's all kinds of alternative ways. To reduce crime that don't. Cost an enormous fortune and I am afraid that this is gonna end up costing enormous price at the expense of other really important That would help our public safety.

[M. Rivka Polatnick] 19:37:26
So please, you know, keep that in mind.

[Jose Murillo, ODPA Policy Analyst] 19:37:30
Thank you. Okay. Wendy Gibson.

[Wendy Gibson] 19:37:39
Hello, thank you for having me. Wanted to read this real quick. This is the Berkeley Police Association tweet.

[Wendy Gibson] 19:37:46
Monday morning the entire understaffed graveyard team was on a home invasion robbery with foreign custody.

[Wendy Gibson] 19:37:52
Then a group of criminals committed a commercial bird really on Fourth Street. We had no officers to send.

[Wendy Gibson] 19:37:58
Next time it could be you that needs help and we have no officers available. These type that using technology.

Public
ALPR Community Input Session Transcript
July 6, 2023
52 [Wendy Gibson] 19:38:05
To aid the police department. Helps our community. It's not a 0 sum game. We can invest in humanity and we can also invest in technology that makes our community safer.

[Wendy Gibson] 19:38:17
Well, technically n ot preventing a crime in process. These readers can prevent future crimes because once they start helping capture criminals.

[Wendy Gibson] 19:38:27
The criminals, other criminals will decide they will have a higher chance of getting caught if they want to do bad things in Berkeley.

[Wendy Gibson] 19:38:35
In addition, catching criminals repeat criminals like a gentleman spoke earlier who was raping people they're gonna stop those crimes because you get those criminals off the streets.

[Wendy Gibson] 19:38:48
These readers do not know what you purchase at a mall or what stores you go into or the color of your skin.

[Wendy Gibson] 19:38:57
That's one of the things that makes them great. Thank you so much. I appreciate your time.

[Jose Murillo, ODPA Policy Analyst] 19:39:03
Thank you.

[Jose Murillo, ODPA Policy Analyst] 19:39:07
Okay, and we are at our last speaker for tonight.

[Jose Murillo, ODPA Policy Analyst] 19:39:13
Ingrid, you have been granted permission to speak.

[Ingrid] 19:39:17
Bye. Can you hear me? Okay, thank you so much for giving me the time and the opportunity to speak here.

[Jose Murillo, ODPA Policy Analyst] 19:39:19
Yes.

[Ingrid] 19:39:26
I wanted to mention that like some other speakers have said criminals usually flock to cities where they know there are holes and staffing.

[Ingrid] 19:39:34
We know Berkeley right now is under staffed. Most of this criminals come from outside of the city to terrorize.

Public
ALPR Community Input Session Transcript
July 6, 2023
53 [Ingrid] 19:39:42
The residence of the city. And, I think a misconception is that this license plate readers will catch or keep tabs on everybody and The way they work is they're not gonna track a license plate unless the license plate has been entered into the system based on a crime that has been reported, a stolen car or something like that.

[Ingrid] 19:40:06
So. I think for all those residents who are afraid that they're gonna be targeted, I think this will solve their problem.

[Ingrid] 19:40:15
It's just they're only gonna catch people that have already committed crimes and have been known to so I would appreciate if you can support this.

[Ingrid] 19:40:21
For the safety of all the Berkeley residents and the Cal Berkeley students. Thank you for your time.

[Jose Murillo, ODPA Policy Analyst] 19:40:28
Thank you.

[Hansel Aguilar, Director of Police Accountability] 19:40:33 Thank you. This morning if we could put the Our contact information slide. That is going to conclude our opportunity for public comments if you want to continue to discussion we really appreciate that the fe edback we received today we want to strive to have more of these conversations.

[Jose Murillo, ODPA Policy Analyst] 19:40:40
Yes.

[Hansel Aguilar, Director of Police Accountability] 19:40:59 The the city charter that establishes the office and the board does. It's very clear about his intent of ensuring that there's community engagement when there's ever a policy review.

[Hansel Aguilar, Director of Police Accountability] 19:41:11 So please do continue to participate in this discussions, participate in the police accountability board meetings. There are always public comments.

[Hansel Aguilar, Director of Police Accountability] 19:41:21 The information is listed on our website. Our email address is listed here. If you have any questions regarding this or any of the policies we discussed today.

[Hansel Aguilar, Director of Police Accountability] 19:41:32 We want to make sure that any policy that is being considered by the police department by the city council is, receiving a rigorous review to ensure tha t we're upholding the values of this community and ensuring that they will be, appropriate accountability for compliance.

Public
ALPR Community Input Session Transcript
July 6, 2023
54 [Hansel Aguilar, Director of Police Accountability] 19:41:52 So again, we appreciate the feedback that we receive tonight. We want to make sure we continue this discussion.

[Hansel Aguilar, Director of Police Accountability] 19:41:58 We will memorialize. The commentary today that we received today and give it to the board at his next, meeting we're going to provide.

[Hansel Aguilar, Director of Police Accountability] 19:42:08 Our agenda packet is going to include a lot of the comments and questions that have been provided tonight.

[Hansel Aguilar, Director of Police Accountability] 19:42:17 So again, we thank you for your participatio n. If you want to have any final thoughts for the community.

[Jose Murillo, ODPA Policy Analyst] 19:42:23
I just wanna echo, what the director has mentioned. We greatly appreciate your participation.

We'd also appreciate any feedback in terms of this community input forum.

[Jose Murillo, ODPA Policy Analyst] 19:42:34
One of the things we've already noted was the timing issue. And we apologize for the speakers that got less time towards the end.

[Jose Murillo, ODPA Policy Analyst] 19:42:41
But it does make us happy that we were in a position where, there's enough community members here to where the timing.

[Jose Murillo, ODPA Policy Analyst] 19:42:47
How to be shrunk down. So we'll work on that. But we also welcome any future feedback that you could have for us, to help these make to help us make these sessions are more useful for you the community member because at the end of the day and that's who we're here for.

[Jose Murillo, ODPA Policy Analyst] 19:43:03
So thank you very much for thank you everyone for coming today.

[Hansel Aguilar, Director of Police Accountability] 19:43:06 Have a good night.

Public
ODPA Community Input Session: Automated License Plate Readers (ALPR): A Discussion on ALPRs in the City of Berkeley
July 6, 2023
Questions and Comments made Through the Q&A Tool

Question Answer
thank you for this presentation, activating
closed captioning and al lowing attendees to
save the transcript.
live answered
We cannot see the q and a. live answered
It was said to keep an open mind and be
inclusive of diverse perspectives… I have
noticed that our electeds do not practice this
value. In fact Dist 2 Council member frequently
denies to participate in any conversation or
dialogue for understanding of perspective as
well as denying to consider statistics that are
presented to affirm the harm that heavy
surveillance has been proven to have in our
society and the harmful ways that it it used
against black and brown, low income,
unhoused and other marginalized community
members.
live answered
Insofar as the acquisition of ALPRs seems to
be a fait accompli (as evidenced by the vote to
acquire by the Public Safety Cmte
unanimously) why is this being held now and
not months ago?

I’d just like to register my support for the
license plate readers and look forward to them
coming online soon and assisting in both
deterring and helpi ng to solve crime in
Berkeley. Thank you.

As we are supposedly in a Democracy and
theoretically our ‘input’ is supposed to inform
and shape our City Council’s decisions -we
have been witness to the fact that when they
have a particular “agenda” they do not listen to
nor consider nor inform or shape their
decisions based on the diverse community
input and proof of harm reported in audits and
studies on discrimination and racial profiling.

Public

Will it be shared will other law enforcement
agencies and/or priva te organizations?

How many wrong arrests have been made
using ALPR technology?

Is there data to support the claim that ALPR
does in fact solve crime?
422.9 RELEASING ALPR DATA
The ALPR data may be shared only with other
law enforcement or prosecutoria l agencies for
official law enforcement purposes or as
otherwise permitted by law.
(a) A supervisor at the requesting agency will
sign an acknowledgement letter stating that
the shared data will only be used for the
purposes that are aligned with the Be rkeley
Police
Department’s policy. The Berkeley Police
Department does not permit the sharing of
ALPR
data gathered by the City or its
contractors/subcontractors for purpose of
federal
immigration enforcement, these federal
immigration agencies include Immigrations and
Customs Enforcement (ICE) and Customs and
Border Patrol (CBP). See attached letter.
(b) The signed letter is retained on file.

Requests for ALPR data by non -law
enforcement or
non-prosecutorial agencies will be processed
as provided in the Records Maintenance and
Release Policy (Civil Code § 1798.90.55).
(c) All signed letters shall be routed to the Audit
and Inspection Sergeant for co

Public

Will all BPD department officials have access to
this surveillance data?
422.4.1 ALPR ADMINISTRATOR
The Investigations Division Captain, or his/her
designee, shall be responsible for compliance
with
the requirements of Civil Code § 1798.90.5 et
seq. This includes, but is not limited to (Civil
Code
§ 1798.90.51; Civil Code § 1798.90.53):
(a) Only prop erly trained sworn officers, crime
analysts, communication operators, records
clerks, parking enforcement officers, and police
assistants are allowed access to the ALPR
system or to collect ALPR information.

The procedures that are supposedly in use now
that “ensure” that they do not enfringe upon
the civil liberties of members of our community
currently are not ensured in actuality, it is just
a theory… many commuity members are
harmed -this concept of assurance is not valid
and they can certainly not u phold that
assurance in regards to the ALPR equipment
and the police conduct in use of this
technology

Will BPD have a contractor actually operating
the cameras, collecting the data, etc.?

Are “Closing Comments” going to be from the
attendees? Or from the PAB?
live answered
So what is the estimated cost of performing the
case control studies that the PAB indicates is
needed to inform this proposal? How do those
costs compare to the program costs?

I mean, do attendees have a chance to make
comments tongiht, or only ask specific
questions?
live answered

Public

BPD already has documented racial profiling,
quotas & problematic discriminatory behavior,
ALPRs has the opportunity to increase this
disparity, what are you doing to prevent that?

Since you don't have a vendor, how can you
guarantee they will comply with COB
surveillance policy and data sharing?

What is example of civil liberties that will be
impacted by implementing these cameras and
are there reports t hat this happened in other
cities this has been implemented?
live answered
But can officers ask for the trained officers to
retrieve data from the ALPR database and
provide it to them?

WIll ALPR be provided to the police to help
identify automobiles ne arby the locations at
times of crimes reported to the BPD ?

Will the operators who have access to data be
bonded and have to take an oath to
confidentiality?

where will the information reside on locally
controlled servers or on the server of the
provider

How many members of the public are listening? At one point during this session we had near 60 participants

Public

If your license is scanned how long is your
license in the system?
The license plate is scanned, not the driver's
license. "All ALPR data downloaded to the
ALPR server should be stored for no longer
than 30 days, and
in accordance with the established records
retention schedule. Thereafter, ALPR data
should be
purged unless it has become, or it is reasonable
to believe it will become, evidence in a criminal
or civil action or is subject to a discovery request
or other lawful action to produce records. In
those circumstances the applicable data should
be downloaded from the server and uploaded
into BPD’s digital evidence reposit ory." (422.6

DATA COLLECTION AND RETENTION)
Who has the power to get BPD and the City to
seriously consider what alternatives to ALPR
could be used to reduce and PREVENT crime?
In terms of vehicle theft, Berkeley could get
more effective PREVENTION by id entifying
which kinds of vehicles are more vulnerable to
theft and take steps to make those vehicles
more difficult to steal and easier to recover.

From the California Highway Patrol website, I
learned that out of 72,665 automobiles stolen in
California in 2022, 31% were Kias, Hyundais, or
old Hondas. This Spring, BPD themselves
reported a huge recent upsurge in theft of Kias
and Hyundais due to software deficiencies.

That’s what needs to be fixed. For the old
Hondas, the owners of those vehicles should
be provided with information and resources
about protecting their vehicles - perhaps
including a program to help them obtain low
cost trackers to hide in their cars. I’d like to
comment on this, but am typing in for your
records.

Berkeley meter maids have h ad license plate
readers for years, does anyone here think it's
reasonable for meter maids to have better
technology to write parking tickets than the
police to stop and solve crime?

What is the definition of, “Operator”? live answered

Public

What is the definition of, “Operator”? ALPR Operator: Trained Department members who may utilize ALPR system/equipment.

ALPR operators may be assigned to any
position within the Department, and the ALPR
Administrator may order the deployment of the
ALPR systems for use in various efforts.

Could this be used to e -ticket a car that ran a
red light.

Is it true that Flock is the presumed vendor?
Also that Flock stores the data in the “cloud?”
Also, will the PAB have an oversight function to
make sure that data not be shared
inappropriately?

Why are the ALPRs so dramatically
moreaffordable than the vidcams?

Another area that I want in your record - Will the
effectiveness or lack of effectiveness of ALPR
be taken into account by PAB or by City
Council? Vehicle thieves. Criminals have
several strategies to defeat ALPRs. They can
switch license plates with a parked car, they
can use counterfeit plates, they can steal a car,
complete their crime and dump the car before
the owner realizes and reports that it has been
stolen. Counterfeit plates, stolen plates, and
also alteration of plates can also be used by
persons wanted for crimes other than vehicle
theft. If Berkeley installs an extensive ALPR
network, criminals will adapt and the use of
these techniques will also expand
proportionately. In New York, ALPR evasion
through counterfeit plates and altering plates
has become very widespread, even among
otherwise law -abiding people, (who want to
evade highway tolls and parking tickets).

Please look at the ALPR situation in NY or other
areas before Berkeley spends money to install
it here.

This is rude; and off topic; moderate this
meeting

Can this speaker be limited to 3 minutes?

Can you enforce the 2-3 min time limits please

Hansel’s audio is cutting out intermittently

Isn’t the plan to mount the cameras on Berkeley
thoroughfares, not in residential
neighborhoods?

Public

I have heard that Piedmont has used ALPRs for
many years and their crime rate is extremely
low. I think, given the loss of so many active
police officers, it would be a positive addition
to Berkeley’s policing tools. Can you
comment?

Is there a way to get the entire transcript, I got
to the meeting late.

Yes, the transcript may be saved. If anyone is
having difficulties downloading it, you may
contact our office for a copy
[email protected]
Thank you Director Aguilar and analyst Murillo
for conducting this community meeting. You
have done a wonderful job hosting, facilitating
and informing us this evening. We are grateful
for your service and committed work in and
with the community.

Can I speak as a member of the public?

Given that the government has actually stolen
MORE money from people in the U.S. in recent
years than petty criminals – not even including
non-consensual taxation, but simply money
and property seized in forfeitures, where they
put the burden on you the victim to show that
your resources were NOT involved in criminal
activity in order to get your money or property
back – isn’t it the height of STUPIDITY, if your
goal is to REDUCE CRIME, to put MORE power
in the hands of government, the #1 criminal
organization in the United States, by giving
them more power to monitor and track people
(and potentially seize their resources)?

We have a city manager who just appointed a
chief without completing a proper investigation
of multiple allegations of misconduct in our
Police Dept. We do not have trust of the City
Manager and the Police Dept to do oversight or
“ensure” equity and saf ety of all residents…
don’t forget that the accountability prior to now
has been poor to say the least.

It seems that some speakers are using scare
tactics. These cameras have NO way of
knowing what stores in a mall you entered or
what and/or if you purc hased anything. BIPOC
folks are actually protected with this
technology as it cannot see the people in the
car.

Public

Here is a link to a story confirming the
allegation contained in my question (that the
U.S. government is stealing more from
Americans than or dinary criminals are):

https://boingboing.net/2020/12/21/us-police-
have-stolen-68-billion-in-the-past-20-years-
from-american-citizens-without-due-
process.html

What is the purpose of the timer? It has been
showing 6 zeros for 3 min

Some further backgr ound from the link that
shows how this is a racial and social justice
issue:

“ProPublica adds:

For some law enforcement agencies, forfeiture
funds have accounted for as much as 20% of
their budgets, and are sometimes used for
seemingly nonessential purch ases. A police
department in Georgia, for example, once spent
$227,000 on an armored personnel carrier, and
a sheriff in New Mexico splashed out $4,600 for
an awards banquet. In one recent case, a
suburban Atlanta sheriff spent $70,000 in
forfeiture funds on a muscle car, a Dodge
Charger Hellcat, that he uses solely to drive to
and from work. The U.S. Justice Department
called that purchase ‘extravagant.’

The fact that most of this money and property
is coming from poorer people is particularly
frustrating, when you consider the penalty
pittances paid by most white collar criminals.”

https://www.sacbee.com/news/politics-
government/capitol-alert/article276848586.html

Can the questions/comments I’ve posted here
please be made visible to the public, so anyone
interested can see them in writing and read
more at the link to the story I posted?

Public

CLEARLY, that last speaker doesn't
understand RACISM! SADly....which is the
PROBLEM!

Caller says that ALPR will only track those who
have committed crimes, but that is, as you well
know, false. All cars are tracked for 30 days;
only cars that are in the database are flagged
immediately. You should correct this
misconception.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

ACTION CALENDAR
July 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Assembly Bill 481, 2022 Annual Military Equipment Report

RECOMMENDATION
Adopt a Resolution approving the 2022 Annual Military Equipment Report.

FISCAL IMPACTS OF RECOMMENDATION
The fiscal impacts are limited to staff time for reporting and continuous training.

CURRENT SITUATION AND ITS EFFECTS
Assembly Bill 481 mandates an annual report on law enforcement use of specified military equipment be provided to the governing body of the agency.

BACKGROUND
On May 11th, 2021 the City of Berkeley adopted the Police Equipment and Community Safety Ordinance, Ordinance NO. 7,760-N.S. The Police Equipment and Community Safety Ordinance requires the Police Department submit to Council for approval an annual report on the usage of specified equipment. The 2022 annual report pursuant to this ordinance was approved by the Police Accountability Board on April 21, 2023 and the City Council approved the annual report on June 6, 2023.

On September 30, 2021, after the City of Berkeley adopted our City ordinance, Assembly Bill 481 was approved by California Governor Gavin Newsom, requiring law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to funding, acquisition, or use of military equipment as defined in Assembly Bill 481. Like the Police Equipment and Community Safety Ordinance, this bill required an approval process for the continued use of military equipment that law enforcement agencies already possessed.

In accordance with the assembly bill, the Berkeley Police Department authored Policy 709, Military Equipment policy, which was approved by the City Council on July 26, 2022.

2022 Annual Military Equipment Report ACTION CALENDAR
Assembly Bill 481 July 25, 2023

Also similar to Berkeley’s Police Equipment and Community Safety Ordinance, Assembly Bill 481 requires law enforcement agencies to submit to the governing body an annual report for each type of military equipment they possess. The required information in the annual report per Assembly Bill 481 is similar to the City of Berkeley ordinance. However, Berkeley’s Police Equipment and Community Safety Ordinance requires the capturing of significantly more details on police equipment compared to Assembly Bill 481. The City ordinance requires the police department track all cases where military equipment was deployed and used (88 incidents in 2022) whereas Assembly Bill 481 only requires the tracking of military equipment that was used (15 incidents in 2022). Thus, the City ordinance provides greater detail to the Council, Police Accountability Board and community as a whole.

Additionally, the equipment required to be reported on slightly differ. Below is a table comparing the list of equipment required to be reported on per the Police Equipment and Community Safety Ordinance and Assembly Bill 481. The differences appear at the end of both lists.

Police Equipment and Community Safety
Ordinance (City Ordinance)
Assembly Bill 481
 M4/Patrol Rifle
Associated .223 duty and
training rounds
 Remington 700 Precision Rifle
Associated .308 rounds
 Barret Model 99 Precision Rifle
Associated .50 rounds
 Penn Arms single 40MM launcher
 Milkor LTL 40 MM multi-launcher
Associated 40mm rounds
 FN 303 Launcher
Associated FN rounds
Associated FN Pava rounds
 Oleoresin capsicum (OC spray)
 Chlorobenzylidene Malononitrile and
Oleoresin capsicum
 Light/sound distraction device
 Long Range Acoustic Device (LRAD)
 36” batons

 M4/Patrol Rifle
Associated .223 duty and
training rounds
 Remington 700 Precision Rifle
Associated .308 rounds
 Barret Model 99 Precision Rifle
Associated .50 rounds
 Penn Arms single 40MM launcher
 Milkor LTL 40 MM multi-launcher
Associated 40mm rounds
 FN 303 Launcher
Associated FN rounds
Associated FN Pava rounds
 Oleoresin capsicum (OC spray)
 Chlorobenzylidene Malononitrile and
Oleoresin capsicum
 Light/sound Diversionary Device
 Long Range Acoustic Device (LRAD)
 Mobile Command Vehicle
 ReconRobotics Recon Scout XT Robots
 Andros Remotec HD-1 Hazardous Duty
Robot

2022 Annual Military Equipment Report ACTION CALENDAR
Assembly Bill 481 July 25, 2023

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
It is required by law and policy that an annual report on military equipment be submitted to the City Council.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jennifer Louis, Chief of Police, (510) 981-5700
Mike Durbin, Captain Professional Standards Division, (510) 981-5760 Peter Lee, Audits and Inspections Sergeant, (510) 981-5734 [email protected]
Attachments:
1: Resolution
2: Annual Military Equipment Report

2022 Annual Military Equipment Report ACTION CALENDAR
Assembly Bill 481 July 25, 2023

RESOLUTION NO. ##,###-N.S.

ANNUAL REPORTING AND IMPACT STATEMENTS: POLICE EQUIPMENT AND

COMMUNITY SAFETY ORDINANCE
WHEREAS, California Governor Gavin Newsom passed Assembly Bill 481 governing the funding, acquisition and use of military equipment on September 30, 2021; and WHEREAS, Government Code 7071(a) requires all law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to funding, acquisition, or use of military equipment; and
WHEREAS, the Berkeley City Council approved Berkeley Police Department Policy 709, Military Equipment Use Policy, on July 26th 2022; and
WHEREAS, Government Code 7072 (a) requires any agency that receives approval for a Military Equipment Use Policy submit to the governing body an Annual Military Equipment Report.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it approves the Berkeley Police Department’s 2022 Annual Military Equipment Report.

Berkeley Police Department
2022 Annual Military Equipment Report

CONTENTS
Our Mission, Vision, and Values…………………………………………………………… Page 1 Background…………………………………………………………………………………. Page 2
Summary of Military Equipment Use………………………………………………………. Page 4 Military Equipment Use…………………………………………………………………….. Page 4 Fiscal Cost…………………………………………………………………………………... Page 9
Conclusion…………………………………....…………………………………………….. Page 15

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Berkeley Police Department
2022 Annual
Military Equipment Report
Our Mission, Vision and Values
Our Mission is to safeguard our diverse community through proactive law enforcement and problem solving, treating all people with dignity and respect.

The Berkeley Police Department Vision is:

We will be a team of leaders at every level. We will foster strong relationships with our community, inspiring trust through our service, building on our historic tradition of progressive policing, and dedicated to the safety of all. As members of this community, we will provide proactive law enforcement and problem solving, holding these as our core Values:
 Integrity: We are ethical, fair, and trustworthy in all we do.  Safety: We strive to keep our community and each other safe.  Respect: We will fulfill our duties with dignity, compassion, and empathy.  Diversity: We value the strength of a diverse workplace and community. We endeavor to reflect the community we service, promoting inclusion and fairness.  Professionalism: We are committed to organizational excellence through progressive training, positive attitude and superior performance.

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Berkeley Police Department
2022 Annual
Military Equipment Report

BACKGROUND
On September 30, 2021, Assembly Bill 481 was approved by California Governor Gavin Newsom, requiring law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to funding, acquisition, or use of military equipment as defined in AB 481. This bill required the same approval process for the continued use of military equipment that law enforcement agencies already possessed. In accordance with the assembly bill, the Berkeley Police Department authored Policy 709, Military Equipment policy, which was approved by the City Council on July 26, 2022.

Furthermore, Assembly Bill 481 requires law enforcement agencies to submit to the governing body an annual report for each type of military equipment. The Annual Report must contain the following information:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

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Berkeley Police Department
2022 Annual
Military Equipment Report
Inventory of Military Equipment
The Berkeley Police Department does not possess any tactical equipment that was obtained from the military nor does the Berkeley Police Department receive surplus military equipment from any organization.

Below is a list and inventory of military equipment (as defined in Assembly Bill 481) that is possessed by the Berkeley Police Department. The list includes consumable military equipment, namely .223 and .308 rounds, 40 MM and FN 303 launcher rounds, and diversionary devices.

The inventory of consumable military equipment varies throughout the year due to training.

While the Berkeley Police Department strives to be accurate in its reporting, the inventory of consumable equipment in this report are captured in a moment in time and are approximate.  M4/Patrol Rifle (96)
o Associated .223 duty and training rounds (123,000)
 Remington 700 Precision Rifle (6)
o Associated .308 rounds (2,600)
 Barret Model 99 Precision Rifle (1)
o Associated .50 rounds (520)
 Penn Arms single 40MM launcher (20)
 Milkor LTL 40 MM multi-launcher (2)
o Associated 40mm rounds (724)
 FN 303 Launcher (8)
o Associated FN rounds (5,445)
o Associated FN Pava rounds (150)
 Oleoresin capsicum (OC spray) (190)
 Chlorobenzylidene Malononitrile and Oleoresin capsicum (CS Canister) (204)  Light/sound Diversionary Device (50)
 Long Range Acoustic Device (LRAD) (2)
 Mobile Command Vehicle (1)
 ReconRobotics Recon Scout XT Robots (2)
 Andros Remotec HD-1 Hazardous Duty Robot (1)

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Berkeley Police Department
2022 Annual
Military Equipment Report
An internal equipment audit was conducted to gather and confirm data for this report. Based on this audit, it was determined that there were no identified violations of equipment use, or any complaints concerning the above listed equipment.

Summary of Military Equipment Usages
The variety of equipment provides the Berkeley Police Department with options that assist in critical incidents and bring dangerous situations to a safe resolution. While the Berkeley Police Department possess the above listed military equipment, officers de-escalated almost all the situations that might have otherwise warranted the use of it. The use of military equipment is governed by Berkeley Police Department Policies and local, state, and federal laws. The use of the military equipment is restricted to only officers who have been trained in the use of the specific equipment.

The Berkeley Police Department responded to 62,245 calls for service in 2022. Of the 62,245 calls the Recon Scout XT Robot was used twice, the LRAD was used three times, and the mobile command vehicle was used only during UC Berkeley football games as a command post.

Additionally, 5,183 stops were conducted by the Berkeley Police Department in 2022. Three of the 5,183 stops resulted in the use of the Penn Arms 40MM launcher, also known as “less lethal.” These statistics illustrate the extremely rare instances (0.00057%) of the time less lethal munitions are used in relation to overall contacts.

Military Equipment Usages
Penn Arms 40MM Launcher
The purpose of the Penn Arms 40MM is to preserve life, minimize the use of force and allow time for de-escalation. Less lethal projectiles allow the user to maintain a safe distance from a subject who is armed and/or demonstrates the intent to be violent. The ability to maintain a safe distance – while still providing a level of control over the subject – allows officers to employ de- escalation techniques, request additional resources and develop a plan to safely resolve the situation with the least amount of risk. The following are summaries of the three incidents where the Penn Arms 40MM launcher was used:

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Berkeley Police Department
2022 Annual
Military Equipment Report
1) A caller reported that his housemate was high on methamphetamine and was destroying the house. The subject was screaming and throwing things. Officers responded and utilized de- escalation tactics. They attempted to negotiate with the subject and calm him, but he displayed the inability to calm down and yelled at the officers to shoot him. The subject yelled "there's a pedo inside the house and I’m going to kill him. I am ready to die." He launched several items at the officers including a wrench and screwdriver. Had the objects hit the officers it could have caused a significant injury. An officer launched a 40mm round at the subject. He immediately complied and was placed on a psychiatric evaluation hold after medical attention was provided.
2) At 4:20AM, a caller reported seeing a suspect with bolt cutters cutting a hole in the chain- link fence to a business. The caller was watching this unfold through the security cameras from a remote location. Officers established a perimeter for this burglary in-progress incident. They saw the suspect and gave commands that were ignored. The suspect ran from officers. Officers lost sight of the suspect, but located him hiding in the heavily foliaged area of the property. Officers gave more commands and provided ample time for the suspect to comply, but he refused. The suspect's hands were hidden and it was unknown at the time if he was armed. Officers warned the suspect that the 40mm launcher would be utilized, but the suspect continued to ignore the officers. Two officers launched a single 40mm round each at the suspect. One projectile missed and the other hit the suspect's thigh. The suspect immediately surrendered and complied. Medical aid was provided. Officers located two screw drivers and a window smashing tool on the suspect. They also located a single bullet where the suspect was hiding. A records check showed the suspect was on bail for multiple felonies. He was arrested for burglary and possession of fentanyl. 3) Investigators were serving an arrest/search warrant for child abuse. The suspect, mother of the reported child abuse case, charged at a detective with a large kitchen knife over her head.

She plunged the knife downwards into the detective's chest. The knife did not puncture his Kevlar vest, but broke his body worn camera. 40mm launcher was utilized and hit her, but she held onto the knife. The detective and suspect fell onto the floor where they struggled for the knife. She cut a supervisor's finger before the knife was wrestled out of her hand. She was placed on a psychiatric evaluation hold and subsequently charged with attempted murder of the police detective.

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Berkeley Police Department
2022 Annual
Military Equipment Report
Mobile Command Vehicle (MCV)
This vehicle is used as a mobile command post for any large-scale events or as a communications center in the event the communications center in the Public Safety Building is inoperable. Some examples of large-scale events include Solano Stroll, Juneteenth, 4th of July, Cal Berkeley football games, critical incidents or natural disasters. In 2022, the MCV was utilized as a command post during the Cal Berkeley football games that took place in Berkeley.

Below is list of the dates the Cal Berkeley football team played in Berkeley and when the MCV was used:

September 3, 2022
September 10, 2022
September 24, 2022
October 22, 2022
October 29, 2022
November 19, 2022
November 25, 2022
ReconRobotics Recon Scout XT Robots (Throw Bot)
The Recon Scout XT robot is intended to safely provide police officers valuable information during high-risk, rapidly evolving situations via real-time audio and video footage. It can be operated a distance away, creating space between the officer and potential danger, thus decreasing the likelihood of injury to those involved in the event, or even a violent encounter between police officers and a dangerous subject. This asset furthers our commitment to the sanctity of life by offering time and distance in critical incidents. The following are the two high risk situations in 2022 the throw bot was utilized to safely clear rooms prior to police entry:
1) A hotel employee called the police to report a vehicle with extensive damage parked in the hotel lot. Officers arrived and discovered that the car was stolen. Investigations led officers to a hotel room where one of the two suspects slammed the door shut on officers. Further investigation showed one suspect has prior arrest history for firearms and the other has several felony arrest warrants for her arrest. A perimeter was established. The suspect was

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Berkeley Police Department
2022 Annual
Military Equipment Report
contacted via telephone and agreed to exit the hotel room. She was arrested on the arrest warrants and possession of a stolen vehicle. Prior to entry into the hotel room the XT Robot was utilized to partially clear the room. The second suspect was not located in the room.
2) An armed robbery occurred where one suspect pointed a gun at the victim's face while a second suspect beat up the victim and stole his property. Investigations lead to several search warrants including a high-risk warrant served by the Special Response Team. Prior to entry into the residence the XT Robot was utilized to partially clear the residence. Two AR-15 pistols and a handgun were located during the warrant service. This case is an on- going investigation.

Long Range Acoustic Device (LRAD)
The LRADs are designed for clear long-range communication. The LRAD’s ability to communicate over a long distance is far superior to any megaphone or Public Address (PA) system mounted to a police vehicle. Below are the three times the LRAD was utilized in 2022. 1) A volcanic eruption in the southwest Pacific Ocean produced a tsunami that affected the entire Pacific Ocean. A tsunami warning was issued. Police officers responded code-3 (emergency response) to evacuate the marina. The LRAD was utilized to help with the evacuation.
2) The Special Response Team served a search warrant in connection to multiple armed robbery cases from Berkeley and from another jurisdiction. The LRAD was used to communicate with occupants in the residence and safely call them out of the residence.

Evidence was located during the search warrant service. 3) An armed robbery occurred where one suspect pointed a gun at the victim's face while a second suspect beat up the victim and stole his property. Investigations lead to several search warrants including a high-risk warrant served by the Special Response Team. The LRAD was used to communicate with occupants in the residence. Two AR-15 pistols and a handgun were located during the warrant service. This case is an on-going investigation.

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Berkeley Police Department
2022 Annual
Military Equipment Report
Drone/Unmanned Aerial System (UAS)
The Berkeley Police Department does not possess any UAS, also commonly known as a drone, but requested for mutual assistance from the Alameda County Sherriff’s Office for a drone in the below two incidents. Drones are used in limited situations to enhance the Department’s mission of protecting lives. The use of a drone below was governed by Berkeley Municipal Code

2.99.020. Both uses of drones were approved by the City Manager through the proper chain of command under the exigent circumstances exception. The Department is currently seeking Council approval to implement drone use policies for the City.

It should be noted that reporting on the use of a drone in a mutual assistance capacity in Berkeley is the responsibility of the agency that provided the assistance. The Berkeley Police Department is not required to report on the mutual assistance drone usages to prevent double reporting, but to ensure transparency, below are details of the two incidents where a drone was utilized. The two incidents were also reported in the Berkeley Police Department’s Annual Surveillance Technology Report in November of 2022.
1) BPD officers responded to an armed robbery with gunfire at 2625 San Pablo Ave. The offenders fled into the 1100 block of Carleton Street. Officers secured the perimeter and requested mutual assistance from the Alameda County Sheriff’s Office Drone Team. With the assistance of the Drone Team, officers were able to safely detain and arrest four suspects who were hiding in the block, and recovered four guns (2 ghost guns including a short-barreled rifle, and 2 Glock semi-automatic firearms- all loaded). 2) BPD officers attempted to detain a person who was wanted in connection with a murder in another jurisdiction. The offender fled on foot from BPD officers. Officers secured a perimeter and requested mutual assistance including the request for a drone. Alameda County Sheriff’s Office responded and assisted BPD. With the assistance of the drone officers were able to locate the suspect in the 1100 block of Chaucer Street. No injuries were sustained by the officers, and the offender had minor injuries as a result of jumping over fences while fleeing from BPD officers, however no injuries were sustained from the detention and arrest.

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Berkeley Police Department
2022 Annual
Military Equipment Report
Fiscal Cost
Funding for all training and ongoing cost in military equipment are sourced from the Berkeley Police Department’s existing budget. The only military equipment that was purchased in 2022 was consumable equipment, .223 ammunition and diversionary devices, that was used in training. The projected military equipment acquisitions in 2023 will be for .223 ammunition, .50 caliber ammunition, and diversionary devices.

The Berkeley Police Department conducts in-house training on all specialized equipment that the department possesses. This ensures officers are fully trained to utilize the tools in the department’s possession to safeguard our community. The cost of in-house training is staff-time.

Some of the training on specialized equipment must be conducted externally. The only fiscal cost on external training related to military equipment in 2022 was the cost from 9 police officers attending M4/patrol rifle training ($3,370) and one armorer attending armorer school ($46).

Additionally, three police recruits attended the police academy where they received Patrol Rifle training. The cost of the police academy for each police recruit was $1,576 ($4,728 total).

M4/Patrol Rifle
Rifle prices, like other firearms, will range depending on current market demand and availability. While M4 rifles purchased several years ago cost between $1,000 and $1,200 each, current rifles cost between $1,400 and $1,600. It should be expected that these prices will fluctuate and likely increase over time.

Ammunition costs fluctuate with the costs of components (brass, primers, gunpowder, and bullets) and supply/demand. Current costs for .223 Remington range from $0.50 to $0.75 a round for training ammunition (55 grain) and $1.25 to $1.50 a round for duty ammunition (62 grain). 404 cases of .223 ammunition were acquired in 2022 with a fiscal impact of $49,279.40. The projected acquisition of .223 ammunition in 2023 is 10,000 rounds for training.

Every officer that is authorized to carry a rifle on duty must attend a minimum 16-hour CA POST approved rifle instruction course before being authorized to carry the rifle on duty. This course may be administered by Berkeley Police Firearm Instructors or by other POST approved agencies. Tuition for the CA POST approved class is dependent on the hosting agency. If conducted in-house the cost only includes the officer’s hourly

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Berkeley Police Department
2022 Annual
Military Equipment Report
wage, range fee, and ammunition costs (all vary). Outside agencies charge between $25 to $500 depending on the range location and duration (some classes are 32-hours while POST only requires 16-hours.) Additionally, all officers issued a rifle receive specific 8- hour rifle training every two years by POST certified Berkeley Police Department Firearm Instructors.

Typical round count for such classes range between 800 rounds and 1200 rounds per student. Additionally, all officers issued a rifle receive specific 8-hour rifle training every two years by a BPD firearm instructor which constitutes an additional 500 or so rounds per officer.

Maintenance costs vary depending on use over time. Traditionally, various springs and pins need to be replaced every five years and may cost between $3 and $30 per rifle.

Other parts such as the barrel and bolt need to be replaced around ten years and range between $150 and $300 per rifle.

Penn Arms 40MM Single Launcher
Penn Arms 40MM single launchers purchased by the department cost $815.00 each.

Ongoing cost for Penn Arms single launcher should be based on the projectiles used in training and on duty. This will fluctuate based on department trainings, projectile availability and events that unfold in the city and surrounding region.

Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Department Firearms Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows.

This class is largely handled in house thus the cost only includes staff time, range fees, and projectile costs, which all vary.

Maintenance costs vary depending on use. Generally, various springs and pins need to be replaced every 5 years which can cost $3 to $30.

Milkor LTL Multi-Launcher
Milkor LTL Multi-Launchers purchased by the department cost $3,950.00 each. The ongoing cost for the Milkor LTL launcher should be based on the projectiles used in training and on duty. This will fluctuate based on department trainings, projectile availability and events that unfold in the city and surrounding region.

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Berkeley Police Department
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Military Equipment Report
Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Firearm Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows. This class is largely handled in house thus the cost only includes the officer’s hourly wage, range fees, and projectile costs which all vary.

Maintenance costs vary depending on use. Generally, various springs and pins need to be replaced every 5 years which can cost $3 to $30.

FN 303 and FN Pava Impact Projectile
FN 303s purchased by the department cost $800.00 each. Ongoing cost associated with the FN303 launcher should be based on the projectiles used in training and on duty. This will fluctuate based on department trainings, projectile availability and events that unfold in the city and surrounding region.

Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Firearm Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows. This class is largely handled in house thus the cost only includes the officer’s hourly wage, range fees, and projectile costs which all vary.

Maintenance costs vary depending on use. Generally, O-rings need to be replaced every 3,000 rounds and cost $30 per kit.

OC (Oleoresin Capsicum) Spray
The MK-3 OC spray cost approximately $19 per unit and the MK-9 OC spray costs approximately $60 per unit. The manufacturer is Defense Technology and the Berkeley Police Department purchase each unit from Galls Police Supply or LC Action Police Supply. Purchases for these tools are made when inventory gets low which is typically determined by the number of OC spray that has expired and how many new officers are sworn in.

Training is conducted in the police academy and in-house by a Police Officer Standard Training (POST) certified Berkeley Police Chemical agent training officer. The cost of training is staff time.

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Berkeley Police Department
2022 Annual
Military Equipment Report
Chlorobenzylidene Malononitrile and Oleoresin Capsicum (“tear gas”) The cost for CS canisters ranges from $20.00 to $39.00 per unit. The cost for OC canisters ranges from $36.00 to $44.00 per unit. Training is conducted by a Police Officer Standard Training (POST) certified Berkeley Police chemical agent training officer. The cost of training is staff time.

Remington 700 Rifle
The initial cost to purchase this rifle with its associated components is approximately $10,000 dollars each. Their average life span is 10-years at which time it will likely need to be replaced. Ongoing cost for all firearms should be based on the ammunition used in training and on duty and maintenance. This will fluctuate based on training.

The cost associated with training is the staff time, range fees, and cost of spent ammunition. Special Response Team (SRT) members train once a month and, on average, each member shoots approximately 50-rounds. Currently, there are only 4 members shooting at each training day. This equates to approximately 2,400 rounds of ammunition being fired per year. This does not include special training days or attendance to training schools/classes. A single box of 20-rounds costs approximately $20 dollars or $1 dollar per round. Authorized and trained Berkeley Police armorers service and provide regular maintenance of the rifles. The cost of maintenance is staff time.

ReconRobotics Recon Scout XT
The initial cost for the Recon Scout XT robot was about $12,500 per unit in 2010. There are no ongoing costs associated with the use of the Recon Scout XT robot. Being that it is battery operated, there is a nominal cost associated with charging the Recon Scout XT robot’s batteries, and the batteries of the OCU (controller).

The Recon Scout XT robot is fairly simple to operate, thus there is no cost associated with training officers in its use. Generally, the Recon Scout XT robot is robust and does not need regular repair or service. The cost of training is staff time.

Andros Remotec HD-1 Hazardous Duty Robot
The Hazardous Duty Robot was purchased in 2008 for $214,496. Being that it is battery operated, there is a nominal cost associated with charging the robot. Maintenance of the Hazardous Duty Robot is conducted by the Berkeley Police Bomb Technicians.

13 | P a g e
Berkeley Police Department
2022 Annual
Military Equipment Report
Berkeley Police Bomb Technicians are trained during regular bomb squad training sessions and maintain their skills through training scenarios. The cost of training and maintenance is limited to staff time.

Light/Sound Diversionary Device
Diversionary Devices cost approximately $45 per unit. Purchases for these tools are made when inventory becomes low, based upon critical incident usage and Special Response Team trainings that incorporate live devices. $1,416.62 was used in 2022 to acquire 24 diversionary devices that replaced ones that expired or were used during training.

Only trained and qualified personnel are permitted to deploy diversionary devices. These trained Berkeley Police officers are typically members of the Berkeley Police Department Special Response Team who receive monthly training which includes training in the deployment of diversionary devices. The cost of training is staff time. A projected military equipment acquisition in 2023 will likely include diversionary devices. The number of diversionary devices to be acquired in 2023 will depend on training and operational use. That number is unknown at this time.

Long Range Acoustic Device (LRADS)
The LRAD 450XL and the LRAD 100X were purchased in 2018. The total cost for both the LRADs, rechargeable battery packs and accessories was $49,999. Training is conducted by Berkeley Police personnel who are trained in the use and procedures of the LRAD. The cost to train is staff time.

Mobile Command Vehicle (MCV)
The Mobile Command Vehicle was purchased in 2003 for $230,800. The ongoing cost associated to the MCV is the cost of gasoline and maintenance of the vehicle. Both gasoline and maintenance are received at the City Corporation Yard.

Training is conducted in-house by the Berkeley Police personnel who are trained in the operation of the vehicle. The training cost is staff time.

The expected useful lifespan of the MCV was 15 years and was eligible for replacement in 2018. A replacement fund for the MCV currently amounts to $383,183.66 with $10 added into this fund a month. The vehicle is still in functioning, but will need to be replaced in the near future.

14 | P a g e
Berkeley Police Department
2022 Annual
Military Equipment Report
Barrett Model 99 Rifle
The retail cost of the Barrett Model 99 Rifle is approximately $12,500. The Department of Justice provided the Barrett Modell 99 Rifle to the Berkeley Police Department in 2007. The ongoing cost related to this rifle is the cost of ammunition and training.

The ammunition has a retail cost of approximately $6 dollars per bullet; $60 for a box of 10 and $600 for a case of 10 boxes, plus shipping and handling. The cost associated with training is the staff time, range fees, and cost of spent ammunition.

15 | P a g e
Berkeley Police Department
2022 Annual
Military Equipment Report

CONCLUSION
This Annual Military Equipment Report not only fulfills the obligations set forth in Assembly Bill 481 and Policy 709, it also reaffirms the commitment the Berkeley Police Department has to transparency with our community and elected officials. Continuing to build upon the trust we have with our community is the cornerstone of the Berkeley Police Department. The training and equipment outlined in this report allow for the Berkeley Police Department to achieve our mission in keeping our community safe.

The Berkeley Police Department will continue to foster strong relationships and safeguard our diverse community. We will continue to share information and be transparent with our community. Any questions, concerns or complaints regarding the equipment can be directed to the Professional Standards Bureau, Internal Affairs Bureau, or the Police Accountability Board.

Professional Standards Bureau:
(510) 981-5734
[email protected]
Internal Affairs:
(510) 981-5706
[email protected]

Police Accountability Board:
(510) 981-4950

[email protected]

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

ACTION CALENDAR
July 25, 2023
To: Honorable Mayor and Members of the City Council
From: Mayor Jesse Arreguín and Councilmember Kate Harrison Subject: Waivers for Woolsey Gardens Affordable Housing Project

RECOMMENDATION
Pursuant to Berkeley Municipal Code (BMC) Section 22.20.070 and/or 22.20.080, adopt a Resolution approving the following requests from Northern California Land Trust for the Woolsey Gardens affordable housing project at 3120-3130 Shattuck:

1. Waive the requirement in BMC Section 23C.12.070(C)(4) in force at the time of entitlement that subsequent purchasers of inclusionary units in limited equity housing cooperatives have a yearly gross income of no more than 44 percent of the cost of a unit at the time of sale.

2. Approve the provision of an additional inclusionary unit instead of paying the in- lieu fee equivalent of .44 units as required by BMC Section 23.C.12.040(E) in force at the time of entitlement.

FISCAL IMPACTS OF RECOMMENDATION
If Northern California Land Trust’s (NCLT) request is granted, the organization would not pay the inclusionary fee otherwise required under the BMC for inclusionary unit fractions, which are deposited into the City’s Housing Trust Fund. Instead, the project costs of producing approximately 65 units of affordable housing would be reduced, which will better leverage City funding for Woolsey Gardens.

CURRENT SITUATION AND ITS EFFECTS
NCLT requested a waiver pursuant to Berkeley Municipal Code (BMC) Sections

22.20.070 and 22.20.080 for Woolsey Gardens (3120-3130 Shattuck). NCLT proposes to develop a 100% affordable homeownership project with 41 residential condominiums and 24 units of shared cooperative housing for low- and moderate-income households.

NCLT submitted its SB 330 application on December 12, 2022, which makes the project subject to the inclusionary housing ordinance in place before City Council adopted updated affordable housing requirements in February 2023. While Woolsey Gardens meets the inclusionary requirements of the new ordinance, the former inclusionary housing ordinance includes two requirements that have since been eliminated. BMC Section 23C.12.070(C)(4) of the ordinance in force at the time of entitlement requires

Waivers for Woolsey Gardens Affordable Housing Project ACTION CALENDAR July 25, 2023

that “subsequent purchasers of Inclusionary Units in Limited Equity Cooperatives shall be first time home buyers whose yearly Gross Income is no more than 44 percent of the cost of a unit at the time of sale, provided that such income shall be no more than 110 percent of the Oakland PMSA median.”
Due to State of California regulations restricting the initial sales prices for cooperative units, tying the affordability requirements of subsequent purchasers to forty-four percent of the initial sales price would restrict the majority of cooperative units to extremely low- incomes, which could negatively impact the project’s long-term financial feasibility and result in a loss of equity for owners. If this requirement were waived, all units at Woolsey Gardens would still be subject to affordability restrictions established by the inclusionary housing ordinance and the Housing Trust Fund Guidelines.

According the inclusionary requirements established in the ordinance in force at the time of entitlement, Woolsey Gardens must set aside 12.24 cooperative units and 4.2 of the condominiums as inclusionary units. BMC Section 23C.12.040(E) also requires that in “projects where the calculation of the inclusionary requirement results in a fraction of a unit, such a fraction shall be paid in the form of an in-lieu fee to the City”. Since Woolsey Gardens is a 100% affordable project that will rely on public and philanthropic financing, NCLT proposes to restrict an additional inclusionary unit instead of paying the in-lieu fee equivalent to .44 units.

Supporting Woolsey Gardens is a Strategic Plan Priority Project, advancing our goal to create affordable housing and housing support service for our most vulnerable community members.

BACKGROUND
On June 13, 2023, the Berkeley City Council awarded NCLT with $1,000,000 in predevelopment funding from the Housing Trust Fund to redevelop the site of its current headquarters at 3120-3130 Shattuck Avenue into a multifamily homeownership project.

The Woolsey Gardens site is owned by NCLT, who will continue to own the land after development for permanent stewardship.

NCLT proposes to develop a mixed-use green building with 65 units of limited equity housing at a range of affordability levels for households earning between 30% and 120% AMI. Woolsey Gardens will consist of studio, 1-bedroom, and 2-bedroom apartments. The building will also have ground floor commercial space for nonprofits and emerging entrepreneurs.

As a project aiming to repair historic and current harms of displacement, Woolsey Gardens is partnering with community organizations to provide opportunities for displaced households to return to South Berkeley as well as housing stability for low- income households that still remain.

Waivers for Woolsey Gardens Affordable Housing Project ACTION CALENDAR July 25, 2023

Enabling Provisions in the Berkeley Municipal Code
BMC Section 22.20.070 establishes the following exception/limit where an applicant establishes inapplicability or unconstitutionality of general requirements:

A. Notwithstanding any other provision of this chapter, the requirements of this chapter shall not apply or shall be limited as follows:

1. No mitigation and/or fees shall be imposed on any applicant or development project where the applicant establishes to the City’s satisfaction that the proposed development project will not generate any additional need for affordable housing, child care and/or public facilities, adequate employment training and placement services or amenities or any other impact for which a mitigation and/or fee is otherwise required;

2. The amount and/or level of any mitigation and/or fee under this chapter shall not exceed the reasonable cost of either satisfying the additional demand for affordable housing, child care and/or public facilities, adequate employment training and placement services or amenities or of eliminating and/or reducing to an acceptable level any other impact which reasonably may be anticipated to be generated by or attributed to any individual development project;

3. The City shall not condition any permit in any manner which results in a deprivation of the applicant’s constitutional rights.

B. The burden of establishing by satisfactory factual proof the applicability and elements of subsections (A)(1), (A)(2) and (A)(3) of this section shall be on the applicant C. No exemption or limit shall be granted pursuant to this section unless a finding is made, based on satisfactory factual proof provided by the applicant, that at least one of the requirements set forth in subsection (A)(1), (A)(2) or (A)(3) of this section has been satisfied. (Ord. 6179-NS § 7, 1993)
Furthermore, BMC Section 22.20.080 establishes the following hardship exception:

A.  Notwithstanding any other provision of this chapter, the requirements of this chapter in the discretion of the City may be waived or limited for a particular development project where both of the following findings are made:

1.  The imposition of the mitigation and/or fees otherwise required by the City make the development of the particular project infeasible; and

2.  The benefits to the City from the particular development project outweigh its burdens in terms of increased demand for affordable housing, child care and/or public facilities, adequate employment training and placement services and/or amenities and/or other impacts which reasonably may be anticipated to be generated by and/or attributable to the development project.

Waivers for Woolsey Gardens Affordable Housing Project ACTION CALENDAR July 25, 2023

B.  The burden of establishing by satisfactory factual proof the applicability and elements contained in subsections (A)(1) and (A)(2) of this section shall be on the applicant
On June 23, 2023 NCLT submitted a memorandum requesting a waiver pursuant to BMC Sections 22.20.070 and 22.20.080 (Attachment 2), which establishes satisfactory factual proof that the Project will not generate any affordable housing impacts and that paying the in-lieu fee equivalent of .44 units is not feasible for the project.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Supporting this project will advance sustainability goals put forth in the Climate Action Plan. NCLT is aiming to make Woolsey Gardens a zero net energy building with LEED Platinum certification and extended grid outage resilience utilizing mass timber and cross laminated timber technology.

RATIONALE FOR RECOMMENDATION
As a 100% affordable Housing Trust Fund project, Woolsey Gardens addresses the City’s need for affordable housing and approving NCLT’s request will maximize the project’s overall public benefit.

CONTACT PERSON
Mayor Jesse Arreguín (510) 981-7100
Attachments:
1: Resolution
2: Memo from Northern California Land Trust to Mayor Arreguín, June 23, 2023

RESOLUTION NO. ##,###-N.S.

WAIVERS FOR THE WOOLSEY GARDENS AFFORDABLE HOUSING PROJECT WHEREAS, City Council established a Housing Trust Fund Program (HTF) to assist in the development and expansion of housing affordable to low- and moderate-income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the Program; and
WHEREAS, on December 12, 2022, Northern California Loan Trust (NCLT) submitted an SB 330 application to construct a new 65-unit affordable housing development at 3120- 3130 Shattuck Avenue (Woolsey Gardens); and
WHEREAS, Woolsey Gardens will be a 100 percent affordable housing project, with units affordable to households earning between 30 percent and 120 percent of the area median income; and
WHEREAS, at its June 13, 2023 meeting, City Council approved reserving $1,000,000 from Housing Trust Fund program funds for a predevelopment loan for Woolsey Gardens; and
WHEREAS, Woolsey Gardens is subject to the inclusionary housing ordinance in effect at the time of its SB 330 application, and said ordinance includes provisions that would negatively impact the project’s feasibility if applied; and WHEREAS, on June 23, 2023, NCLT submitted a memorandum requesting a waiver pursuant to Berkeley Municipal Code (BMC) Sections 22.20.070 and 22.20.080.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that pursuant to Berkeley Municipal Code (BMC) Section 22.20.070 and/or 22.20.080, Council waives for the affordable housing project at 3120-3130 Shattuck the requirement in BMC Section 23C.12.070(C)(4) in force at the time of entitlement that subsequent purchasers of inclusionary units in limited equity housing cooperatives have a yearly gross income of no more than 44 percent of the cost of a unit at the time of sale.

BE IT FURTHER RESOLVED that pursuant to BMC Section 22.20.070 and/or 22.20.080, the affordable housing project at 3120-3130 Shattuck shall provide an additional inclusionary unit instead of paying an in-lieu fee equivalent to .44 units as required by BMC Section 23.C.12.040(E) in force at the time of entitlement.



 
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CLTT OWNERSHIPP OFF LANDD

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Communications

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