1 00:00:22,930 --> 00:00:32,470 Okay. Hello everyone. Good evening. We're going to have you quiet down fees. Thank you. Okay. 2 00:00:34,810 --> 00:00:47,450 I'm calling to order a special meeting of the Berkeley City Council today's Thursday, May 7th, 2026. It is 509 p.m. Clerk, can you please take the roll? Okay. Councilmember Kisterwani. 3 00:00:47,450 --> 00:00:47,730 Here. 4 00:00:48,330 --> 00:00:49,170 Tap one. 5 00:00:49,670 --> 00:00:50,430 Presence. 6 00:00:52,150 --> 00:00:54,090 Bartlett is currently absent. 7 00:00:55,010 --> 00:00:55,670 Tragum. 8 00:00:55,990 --> 00:00:56,310 Presence. 9 00:00:56,590 --> 00:00:56,830 Okay. 10 00:00:57,950 --> 00:00:58,190 Here. 11 00:01:00,330 --> 00:01:01,090 Humver. 12 00:01:01,490 --> 00:01:01,810 Presence. 13 00:01:02,070 --> 00:01:02,450 And mayor. 14 00:01:02,810 --> 00:01:03,090 Here. 15 00:01:03,730 --> 00:01:04,010 Okay. 16 00:01:04,170 --> 00:01:04,890 Quorum is present. 17 00:01:05,710 --> 00:01:05,850 Okay. 18 00:01:06,550 --> 00:01:08,550 So folks tonight. 19 00:01:08,670 --> 00:01:11,170 We have two items on our action calendar. 20 00:01:12,110 --> 00:01:15,870 One is the public safety technology surveillance technology ordinance. 21 00:01:15,870 --> 00:01:19,910 the police equipment, ordinance approvals, policy updates, and contract authority. 22 00:01:20,670 --> 00:01:25,090 And one B is the social justice implications of contracts with immigration data broker 23 00:01:25,090 --> 00:01:28,150 Flock Safety, which came from the Peace and Justice Commission. 24 00:01:28,830 --> 00:01:33,910 This is a continuation from a meeting that we had on March 24th, 2026. 25 00:01:34,670 --> 00:01:36,750 A few things I want to say before we get started. 26 00:01:37,530 --> 00:01:37,930 Rhanna. 27 00:01:38,210 --> 00:01:42,610 I know there are a lot of folks here and there's a lot of energy in the room, but I really 28 00:01:42,610 --> 00:01:47,770 to ask you all to continue to be respectful as people are speaking and allow them to speak. 29 00:01:48,210 --> 00:01:52,370 Of course, you're welcome to cheer and clap and stuff when someone speaks and says something 30 00:01:52,370 --> 00:02:01,210 you want but I ask you not to boo. It's both disrespectful and against our rules of procedures. 31 00:02:01,810 --> 00:02:10,810 So the other thing is that as we are going this evening, if you have public comment and you're 32 00:02:10,810 --> 00:02:25,630 I mean, with a group, we encourage you, you don't have to, but we encourage you if you're speaking in a group that you speak, maybe have one person and then the other folks come up if you agree already with what they're saying, because that will allow for more people to speak this evening. 33 00:02:26,630 --> 00:02:34,350 Okay, so last meeting, one of the things that we did was we heard from our Berkeley Police Department, 34 00:02:34,410 --> 00:02:40,610 we heard from our PAB, our Police Accountability Board, and then we heard all of the different 35 00:02:40,610 --> 00:02:46,710 supplemental that were presented from the last meeting. So we don't have any presentations tonight. 36 00:02:47,130 --> 00:02:52,770 What we're going to be focused on are first the questions, first the questions from the council, 37 00:02:52,770 --> 00:02:59,390 and then we'll take public comment and then we will have council comments and any motions that happen. 38 00:02:59,570 --> 00:03:02,090 So just so folks have a sense of what's going to happen this evening. 39 00:03:03,190 --> 00:03:07,410 That's our little road map. And so what I do want to do is just go ahead and start 40 00:03:07,410 --> 00:03:10,250 if anyone from the council has any questions. 41 00:03:27,990 --> 00:03:29,450 Come on, I know folks have questions. 42 00:03:35,900 --> 00:03:43,760 Okay, so I will start with a question and one question that I had from last time was 43 00:03:46,280 --> 00:03:49,080 Sorry, my question list got adjusted. 44 00:03:52,630 --> 00:03:59,850 If you could speak to the difference between our current 45 00:04:00,790 --> 00:04:05,250 community registry program and the proposed CVS. 46 00:04:09,260 --> 00:04:09,660 Yeah, absolutely. 47 00:04:10,200 --> 00:04:14,040 So CVS community video streams, it's our proposal to 48 00:04:14,040 --> 00:04:18,760 really expansion in a deepening of our current camera registry program. 49 00:04:18,760 --> 00:04:33,900 So, currently what we do is if a business has set a cameras that they want us to be aware of in the case that we're investigating a crime that occurs nearby, then we know that that camera is there and we can more quickly obtain evidence that we need to do the investigation. 50 00:05:00,000 --> 00:05:19,900 And where we could directly access that video footage if they allow us to. And so I propose that for that program would be that we go through an inspection process of the cameras before we would connect to them to make sure that they're not pointing anywhere that we shouldn't be able to have access to. 51 00:05:19,900 --> 00:05:26,300 We would publish on our website, the location of all those cameras, and we would require appropriate 52 00:05:26,300 --> 00:05:31,340 signage near those cameras so that the public is aware that they are connected to our system. 53 00:05:33,200 --> 00:05:34,860 I just don't want to add one more thing. 54 00:05:34,920 --> 00:05:39,760 One of the challenges we have with our current camera system, the way it works, is that a lot 55 00:05:39,760 --> 00:05:42,620 of times we'll be investigating a crime, we'll be in the moment of investigating a crime. 56 00:05:43,280 --> 00:05:48,040 The manager is the only person who has access to the room that has the camera, or there's 57 00:05:48,040 --> 00:05:52,980 reader that's associated with being able to download the file and then view it once it's taken. 58 00:05:53,680 --> 00:05:58,320 So this would allow us to both have that access, regardless of whether or not there was a 59 00:05:58,320 --> 00:06:03,460 manager on site, but also not run into the challenges we have with evidence collection right now 60 00:06:03,460 --> 00:06:07,280 we're forced sometimes to use a phone and and videotape the screen as it's playing obviously 61 00:06:07,280 --> 00:06:12,380 there's a degradation of the evidence when we do it that way. Thanks, Chief. And follow up question 62 00:06:12,380 --> 00:06:18,020 on that. Can you speak to the community video surveillance process? What has been done so 63 00:06:18,020 --> 00:06:22,800 far to help the community understand what this system would look like. 64 00:06:29,260 --> 00:06:36,060 We've gone through the surveillance technology ordinance process as required by 2.99. 65 00:06:37,560 --> 00:06:41,340 And we've submitted use policies or acquisition report. 66 00:06:42,020 --> 00:06:44,320 And that's what council is considering today. 67 00:06:44,900 --> 00:06:48,160 And if you remember we talked about it about two community meetings. 68 00:06:48,400 --> 00:06:53,260 Additionally, we covered it in a presentation talking to Pav about what that technology looks like. 69 00:06:53,260 --> 00:06:56,500 We've had a number of neighborhood watch meetings where we've gone and talked about the 70 00:06:56,500 --> 00:07:02,060 different technologies and we'll share that in the March 24th meeting with council 71 00:07:02,060 --> 00:07:03,700 when we talked about that technology. 72 00:07:04,860 --> 00:07:10,640 Thank you and I'm going to go ahead and jump to my council member colleagues and say now join 73 00:07:10,640 --> 00:07:12,960 the queue and I might have some more questions later. 74 00:07:13,660 --> 00:07:14,920 Let's go to council member Tracab. 75 00:07:14,920 --> 00:07:29,540 Thank you. I want to delve into the unmanned aerial system policy 1303. Could you speak 76 00:07:29,540 --> 00:07:44,120 to your perspective around if there were limitations in the policy that were restrictive 77 00:07:44,120 --> 00:08:01,200 of the ability of such UAS systems, yes, this is DRFTs, to surveil areas of mass gatherings, 78 00:08:01,580 --> 00:08:02,600 like protests, 79 00:08:04,780 --> 00:08:10,800 other than subject to exigent circumstances, which would be something like 80 00:08:10,800 --> 00:08:14,600 a medical emergency or an act of shooter situation. 81 00:08:18,160 --> 00:08:25,540 I'm not sure I'm completely tracking your question, is your question that would we use this 82 00:08:25,540 --> 00:08:33,800 technology to oversee a lawful gathering or a protest action, absent there being an 83 00:08:33,800 --> 00:08:34,580 exigent circumstance? 84 00:08:36,340 --> 00:08:44,700 The question is I actually trust you that you wouldn't, however in my reading of the policy, 85 00:08:46,420 --> 00:08:54,040 However, in my reading of the policy, it does not, in my reading of it, it does not specifically 86 00:08:54,040 --> 00:09:00,560 preclude a future PD from doing that. 87 00:09:00,680 --> 00:09:03,460 Could you speak to, yeah, so, in there. 88 00:09:04,600 --> 00:09:11,440 So, 3.03 prohibited uses, UAS shall not be used to conduct random or arbitrary surveillance 89 00:09:11,440 --> 00:09:15,220 activities. This prohibition includes but is not limited to first amendment 90 00:09:15,220 --> 00:09:20,060 assemblies and accordance with policy 428, first amendment assemblies. So there's a 91 00:09:20,060 --> 00:09:22,920 specific prohibit use that would be a prohibit use. 92 00:09:24,000 --> 00:09:35,260 Okay. Elsewhere in the policy, Tartino 3, there's mention of, yeah, two, so there's 93 00:09:36,600 --> 00:09:42,120 examples to us want to act of criminal activity at mass gatherings or special events. 94 00:10:03,250 --> 00:10:16,010 So, as you know, there's a awful assembly's happened, and we're guided by number of people who are there, maybe the issues that they're discussing, and our officers respond to those and have a goal of keeping the peace. 95 00:10:16,630 --> 00:10:25,910 And when a critical incident occurs, there's a language defining what a critical incident is, an event that occurs that is beyond normal capacity or normal responses. 96 00:10:25,910 --> 00:10:30,810 And so those are industry standard terms, some of those are embedded in different places 97 00:10:30,810 --> 00:10:37,190 in our use of force policy and are embedded in our 428 first amendment assembly policies 98 00:10:37,190 --> 00:10:38,590 as well. 99 00:10:40,030 --> 00:10:40,590 Thank you. 100 00:10:40,970 --> 00:10:53,390 I have one question for the city of Tornead in terms of the amount for violation that the 101 00:10:53,390 --> 00:11:09,190 If the council chooses to go that route, would it be a policy decision for us to say maybe not 75 and maybe not 150, but maybe looking at Richmond's 290 or Oakland's 200. 102 00:11:09,730 --> 00:11:10,490 Okay, for violation. 103 00:11:11,690 --> 00:11:15,570 Yes, that's squarely a policy decision that you get to make. 104 00:11:20,310 --> 00:11:26,730 And I think this might be for the city manager, but let me know. 105 00:11:28,960 --> 00:11:36,480 On the staff's supplement for procurement, there is mentioned, there's language that says 106 00:11:36,480 --> 00:11:42,140 flocks for catalog is available for purchase on the region for ESC contract. 107 00:11:43,200 --> 00:11:44,200 So, 108 00:11:47,820 --> 00:11:56,400 if it all does this relate to flux promised discount, if the procurement was completed 109 00:11:57,440 --> 00:12:06,240 by July, which is something that I also had elsewhere in the document or in a different 110 00:12:06,240 --> 00:12:07,100 document. 111 00:12:08,740 --> 00:12:17,980 Yes, so the, that procurement had the price in terms that flock proposed via the procurement. 112 00:12:18,340 --> 00:12:25,820 They are always free to negotiate discount however they wish with any potential vendor. 113 00:12:27,880 --> 00:12:33,220 Okay, and if I, that was my penultimate question, this will be my last question. 114 00:12:33,220 --> 00:12:47,420 Can you speak to what this piggyback contract was based on, I did here, or it was my understanding 115 00:12:47,420 --> 00:12:59,920 that it was based on a school district in Texas, and if so, how may the, can you speak 116 00:12:59,920 --> 00:13:10,020 to the comparisons between a U.S.D. in Texas with probably different operational needs 117 00:13:10,020 --> 00:13:12,720 than a medium-sized city, like Berkeley. 118 00:13:14,260 --> 00:13:17,340 Yes, thank you for the question. Our finance director is also on the line, so he 119 00:13:17,340 --> 00:13:21,780 may want to chime in here, but essentially, when you're piggybacking off a contract, you're 120 00:13:21,780 --> 00:13:27,140 looking at the product, in this case, that you're seeking to procure and the price. 121 00:13:27,740 --> 00:13:33,960 And so as long as it's the same product and they've bitted out at a competitive price, then 122 00:13:33,960 --> 00:13:39,220 you're then in there's a process that they went through in our P process and put that 123 00:13:39,220 --> 00:13:47,200 forth, then if our securing that product complies with their, it's the same product that 124 00:13:47,200 --> 00:13:51,600 we're trying to secure the day bid for when that satisfies it. 125 00:13:51,600 --> 00:13:58,360 So, and this is a common practice in the city where we will procure things like a move 126 00:13:58,360 --> 00:14:01,100 or a truck or something like that. 127 00:14:01,320 --> 00:14:06,900 If I'm a procurement that is either, could be from a state, could be from a county, somewhere 128 00:14:06,900 --> 00:14:13,120 in the country, excuse me, for the purposes in radio per chemit and they say, here's 129 00:14:13,120 --> 00:14:17,940 all the price in terms, here's the terms that we're looking for and the use in the product, 130 00:14:17,940 --> 00:14:27,760 If that entity applies to the solicitation and the product that we want to procure is what they proposed, 131 00:14:28,900 --> 00:14:31,180 then we have the ability to procure it. 132 00:14:31,340 --> 00:14:35,220 So just because, like for example, an Earth movement that is school, 133 00:14:35,460 --> 00:14:40,420 a big school district procurement was part of. 134 00:14:40,520 --> 00:14:44,200 Doesn't mean that like the fact that they're moving Earth on a school ground, 135 00:14:44,220 --> 00:14:46,700 rather than a park, doesn't make a difference. 136 00:14:46,700 --> 00:14:53,600 the fact that the program of camera to do security somewhere in their school district doesn't mean 137 00:14:53,600 --> 00:14:56,940 that we couldn't procure the exact same camera to do a security in the city. 138 00:15:00,000 --> 00:15:16,360 A couple questions for the Berkeley Police. I just would like to ask you a couple questions to get on the record. Hopefully a greater understanding of the nuances of the way the data is shared of the different kinds of data that are at stake. 139 00:15:17,940 --> 00:15:28,080 So first of all, the ALPR data generates like a searchable spreadsheet of license plates and locations in time, essentially, is that correct? 140 00:15:31,720 --> 00:15:38,820 Yeah, so the ALPR data allows us to search across exactly the database of those images 141 00:15:38,820 --> 00:15:44,800 that have been captured and identify whether that plate appears within our retention period of 30 days. 142 00:15:45,180 --> 00:15:46,100 Yeah, 30 days. 143 00:15:46,480 --> 00:15:47,260 Thank you. 144 00:15:47,900 --> 00:15:56,440 And can you briefly describe the process that, let's say, another officer in a just 145 00:15:56,440 --> 00:15:58,640 in a jurisdiction that we share our data with. 146 00:15:58,940 --> 00:16:00,060 By the way, if you could also just 147 00:16:00,060 --> 00:16:03,700 say quickly, like who we share with and what the rules are about that. 148 00:16:04,080 --> 00:16:08,040 And then I'd also love if you could walk us through what it would look like 149 00:16:08,040 --> 00:16:11,420 for an officer from one of those jurisdictions to search our data. 150 00:16:13,260 --> 00:16:16,980 So first, we only share with agencies within the NIMBary, 151 00:16:17,100 --> 00:16:19,200 counties in Sacramento, County. 152 00:16:19,780 --> 00:16:24,260 In agency within those counties and if they've signed a letter of agreement with us 153 00:16:24,260 --> 00:16:26,560 green to comply with state law and our 154 00:16:26,560 --> 00:16:28,480 sanctuary city ordinance. 155 00:16:30,580 --> 00:16:33,460 Once they've sent that letter, we will give them access to 156 00:16:33,460 --> 00:16:34,320 search across our network. 157 00:16:35,420 --> 00:16:39,480 And if they have a lawful reason to search, they will 158 00:16:39,480 --> 00:16:43,780 input a case number, they'll select a statute that the 159 00:16:43,780 --> 00:16:46,740 investigation is associated with, and they'll 160 00:16:46,740 --> 00:16:49,340 define the networks that they want to search across. 161 00:16:49,560 --> 00:16:53,320 And so if it includes ours, then that search will occur, 162 00:16:53,320 --> 00:16:57,960 and a little peer on our audit logs, so we'll be able to verify the information that they submitted. 163 00:16:59,400 --> 00:17:01,120 And what are their options? 164 00:17:02,160 --> 00:17:05,800 Like do they just type in whatever reason they want or what? 165 00:17:07,360 --> 00:17:08,860 They're required to give a case number. 166 00:17:09,360 --> 00:17:14,440 They're required to select a statute, and then they have the option to write an additional information. 167 00:17:16,760 --> 00:17:19,340 And I think I'm trying to confirm this with you. 168 00:17:19,420 --> 00:17:22,440 There's no immigration related justification, right? 169 00:17:22,500 --> 00:17:23,900 Because that's none of the statutes are. 170 00:17:23,900 --> 00:17:26,280 No, that's not available on the drop-down reasons. 171 00:17:26,800 --> 00:17:28,780 It's also against state law and against our local policies. 172 00:17:29,100 --> 00:17:32,880 Right. So all of the given reasons that they would have to stay at all in compliance with our saying very well. 173 00:17:33,020 --> 00:17:33,240 Great. 174 00:17:33,800 --> 00:17:34,780 Thank you for clarifying that. 175 00:17:35,200 --> 00:17:42,820 And then can you talk a little bit about how that differs from the data that would be recorded by the video cameras, 176 00:17:42,820 --> 00:17:46,440 what you're proposing to acquire, because that's different. 177 00:17:47,080 --> 00:17:48,780 Yeah, that's completely different. 178 00:17:49,360 --> 00:17:53,220 We would not be sharing that with other agencies in the same way, 179 00:17:53,520 --> 00:17:56,740 except for in the same way that we share other types of evidence. 180 00:17:57,360 --> 00:17:59,200 When there's an active investigation, they come to us, 181 00:17:59,320 --> 00:18:01,000 they ask us to have this piece of evidence. 182 00:18:01,480 --> 00:18:06,140 If we did have some footage that was relevant, then we would download that 183 00:18:06,140 --> 00:18:10,180 and process it in the same way that we would have any other piece of evidence that we share. 184 00:18:10,800 --> 00:18:20,620 But just to be clear, it would be only Berkeley police officers who would be actually doing the searching and being complete control of the data sharing. 185 00:18:21,120 --> 00:18:28,740 Correct. There would be no case where another agency was given access to search through our footage that we have. 186 00:18:29,200 --> 00:18:35,060 Yeah, and just like because it's like not really searchable, you can't really type in a face, right? So it's not exactly the same. 187 00:18:35,620 --> 00:18:43,660 I think it's important to clarify the different kinds of different kinds of data that we're talking about and how they differ in terms of exposure. 188 00:18:45,480 --> 00:18:49,620 Those are my, I think I might have some more questions later, but those are my questions for the police. 189 00:18:49,840 --> 00:18:58,360 I did want to just pivot a little bit and say I did actually have a supplemental that wasn't presented last time, and if I could just, it's not like a big one. 190 00:18:58,360 --> 00:19:01,120 So it would be okay, Madam Mayor, if I just talked about it for a minute. 191 00:19:02,080 --> 00:19:08,400 I proposed, it's published in the packet, it was published yesterday, some minor changes 192 00:19:09,660 --> 00:19:18,620 to the drone use policy, I don't have it up or anything, but I could read it into the main 193 00:19:18,620 --> 00:19:19,620 changes into the record. 194 00:19:21,760 --> 00:19:28,340 The idea with my supplemental was, I'm not personally comfortable with the drones being 195 00:19:28,340 --> 00:19:33,340 being sent out for every call or just kind of for no reason. 196 00:19:33,580 --> 00:19:35,380 Like, I think that that was the vision that was presented. 197 00:19:35,720 --> 00:19:36,920 And I think I understand it. 198 00:19:37,760 --> 00:19:42,320 But I think drones, I'm not really interested in normalizing them 199 00:19:42,320 --> 00:19:43,420 as a police tool yet. 200 00:19:43,420 --> 00:19:44,600 I think that would be a big change. 201 00:20:00,000 --> 00:20:06,960 I see that they have a value in certain situations, but I would like, I'm proposing in my supplemental 202 00:20:06,960 --> 00:20:14,640 that way we restrict the times when they can be sent out to already this times when the suspect 203 00:20:14,640 --> 00:20:19,040 is believed to be on the scene or in the immediate area of the scene and could reasonably 204 00:20:19,040 --> 00:20:26,040 cause harm to those present. So this is sort of a emergency situation or a crime involving suspected 205 00:20:26,040 --> 00:20:31,940 physical violence or there's an imminent risk of physical injury due to a crime or a medical 206 00:20:31,940 --> 00:20:32,460 issue. 207 00:20:33,300 --> 00:20:37,860 So basically, the vision here is that we do send them out, but only when it really could 208 00:20:37,860 --> 00:20:44,320 make the difference in a really critical safety situation and not as was previously described 209 00:20:45,180 --> 00:20:49,700 when, you know, just to sort of check out a call to see if it's see what's going on, which 210 00:20:49,700 --> 00:20:53,460 I do understand the utility of that, but I'm not personally comfortable with that. 211 00:20:53,460 --> 00:20:56,660 So that's one of the big changes my supplemental is proposing. 212 00:20:56,940 --> 00:21:00,920 And then just to mention it also says no microphone or audio sensing device, 213 00:21:01,040 --> 00:21:02,300 he'll be activated at any time. 214 00:21:02,420 --> 00:21:05,900 And I think that's already understood as part of the expectation, 215 00:21:06,200 --> 00:21:07,680 but I did want that written into the locks. 216 00:21:07,860 --> 00:21:10,920 I don't think that drones should be able to listen to people. 217 00:21:11,080 --> 00:21:13,060 That's another kind of surveillance we do not have right now. 218 00:21:13,060 --> 00:21:15,320 And I don't want to invite it into our city. 219 00:21:16,160 --> 00:21:17,240 So that's my supplemental. 220 00:21:18,080 --> 00:21:21,480 We can table that now that I wanted to get a chance to present that. 221 00:21:22,520 --> 00:21:26,740 And yeah, I might have more questions, but I will yield to other people. 222 00:21:27,020 --> 00:21:27,560 Thank you so much. 223 00:21:27,800 --> 00:21:28,320 Thank you. 224 00:21:28,320 --> 00:21:31,100 And I appreciate you mentioning that apologies for leaving that out. 225 00:21:31,200 --> 00:21:34,500 And we did residmit our supplemental as well, but mostly just to reorganize it. 226 00:21:34,500 --> 00:21:38,840 So it was more aligned structurally with the staff. 227 00:21:39,060 --> 00:21:40,940 So it could make more sense when we are comparing them. 228 00:21:42,560 --> 00:21:45,500 So I'm curious actually, is Frog represented? 229 00:21:45,680 --> 00:21:47,580 Is there Frog representative on? 230 00:21:48,560 --> 00:21:49,740 He is on his way. 231 00:21:50,080 --> 00:21:50,520 Oh, okay. 232 00:21:51,220 --> 00:21:56,340 So, because I think there are some folks that have questions for them, so folks, please, 233 00:21:56,660 --> 00:21:57,000 all right. 234 00:21:57,860 --> 00:21:59,520 So, go ahead and Council Member Bartley. 235 00:22:01,880 --> 00:22:02,460 Thank you. 236 00:22:04,080 --> 00:22:04,780 And it's going to be back. 237 00:22:04,880 --> 00:22:05,360 Could be back. 238 00:22:08,080 --> 00:22:15,360 My question is really, at this point, around the video cameras, the fixed cameras, and particularly, 239 00:22:16,200 --> 00:22:21,470 I guess, so it's helped me to walk me through the process of how they're used, just 240 00:22:21,470 --> 00:22:22,250 high-level briefly. 241 00:22:22,250 --> 00:22:26,070 Are you talking about the fixed PTZ cameras, right? 242 00:22:26,450 --> 00:22:29,590 So, you know, if you recall originally, they were placed in intersections. 243 00:22:30,230 --> 00:22:36,230 That was pre-suppoint the ALPRs into the community, and what we realized after that first 244 00:22:36,230 --> 00:22:41,650 appointment at 6 a.m. University was that they weren't able to capture from the distance, 245 00:22:41,810 --> 00:22:44,250 they were able to really capture pedestrian activities and things like that. 246 00:22:44,270 --> 00:22:50,950 We came back to Council and explained, one we had power related issues around putting them 247 00:22:50,950 --> 00:22:53,370 the P.J., around the individual on cameras. 248 00:22:53,850 --> 00:22:57,290 And two, we wanted to place them in pedestrian heavy areas 249 00:22:57,290 --> 00:23:00,530 in our business districts to provide that ability 250 00:23:00,530 --> 00:23:03,410 to deter crime and solve crimes that occurred in those areas. 251 00:23:04,150 --> 00:23:05,830 So there would be deployed in the locations 252 00:23:05,830 --> 00:23:08,750 that Council approved with signage that says 253 00:23:08,750 --> 00:23:10,530 that the camera is there and that it's recording. 254 00:23:10,950 --> 00:23:13,590 There would be a tool that we would use access 255 00:23:13,590 --> 00:23:16,910 to pursue into the policy for various specific uses. 256 00:23:17,130 --> 00:23:20,010 But would then provide us with another investigative tool 257 00:23:20,010 --> 00:23:21,210 in a deterrent tool. 258 00:23:22,030 --> 00:23:26,310 So I guess so there's an incident robbery or to have you. 259 00:23:26,450 --> 00:23:28,430 We know it's this time, this location, 260 00:23:28,970 --> 00:23:31,170 so then when you rewind, you go into the footage 261 00:23:31,170 --> 00:23:32,350 to that moment. 262 00:23:33,670 --> 00:23:34,150 Yeah, that's correct. 263 00:23:34,250 --> 00:23:35,710 If we believe that there's ever been 264 00:23:35,710 --> 00:23:38,250 a true value on that video, the detectives would go 265 00:23:38,250 --> 00:23:42,350 and go through a process to create an audit trail, 266 00:23:42,530 --> 00:23:44,510 but they're looking at video at a certain camera, 267 00:23:44,870 --> 00:23:46,270 certain time, for a certain kind of crime. 268 00:23:47,110 --> 00:23:49,110 So at that point, and this is what I'm gonna get 269 00:23:49,110 --> 00:23:52,770 getting out here is the official recognition software. 270 00:23:52,990 --> 00:23:56,270 Are we deploying that at all? 271 00:23:56,290 --> 00:23:57,670 No, we're not. 272 00:23:58,250 --> 00:23:58,270 OK. 273 00:23:58,530 --> 00:23:59,190 Thank you. 274 00:24:01,740 --> 00:24:02,200 Thank you. 275 00:24:02,340 --> 00:24:04,260 I also wanted to make sure folks knew 276 00:24:04,260 --> 00:24:06,300 that our interim director, please 277 00:24:06,300 --> 00:24:08,660 accountability Kathy Lee, is also sitting at the table. 278 00:24:08,900 --> 00:24:10,860 So just so folks know who you are since you 279 00:24:10,860 --> 00:24:12,260 weren't here at the last time. 280 00:24:12,860 --> 00:24:15,620 Thank you for thanks for joining. 281 00:24:16,300 --> 00:24:19,300 So if you have some big Kathy fans, OK. 282 00:24:19,300 --> 00:24:25,080 If you can, also, if folks have any questions, then you can ask her as well. 283 00:24:26,180 --> 00:24:32,600 Okay, so moving forward to, oh, Council Member Linnapara, but really quickly, I have apparently 284 00:24:32,600 --> 00:24:36,320 someone dropped a set of keys and a credit card outside. 285 00:24:38,300 --> 00:24:41,660 So if you have dropped your keys or credit card, 286 00:24:43,780 --> 00:24:47,580 maybe give a wave on this side of the barrier 287 00:24:47,580 --> 00:24:50,220 and we'll try to get back to you. 288 00:24:50,460 --> 00:24:53,340 Okay, all right, so tell us what I want to know about her. 289 00:24:53,480 --> 00:24:54,180 Go ahead. 290 00:24:55,340 --> 00:24:59,200 Thank you, and thank you for being here. 291 00:25:02,270 --> 00:25:10,550 As brought up by the PAB, can you explain the scope of prohibition on First Amendment assemblies, if, for example, a crowd 292 00:25:10,550 --> 00:25:19,990 doesn't disperse, is that criminal activity that would warrant the use of drones? Are there other instances of criminal activity at protest that would warrant the use of drones? 293 00:25:22,150 --> 00:25:27,210 So, no, we would not deploy a drone because the crowd didn't disperse the drone would be deployed 294 00:25:27,210 --> 00:25:32,530 if there's a risk of injury or there's ongoing injury, felony violence occurring 295 00:25:32,530 --> 00:25:38,150 against someone in the crowd, then we'd absolutely, an active shooter, people being assaulted. 296 00:25:38,410 --> 00:25:42,210 We would absolutely want to have the drone up to be able to go and record, identify who 297 00:25:42,210 --> 00:25:43,330 the responsible are. 298 00:25:43,670 --> 00:25:48,290 Some of the things we've learned in past activities like this is that the safest way to resolve 299 00:25:48,290 --> 00:25:56,190 instances like that is to figure out who the problematic person is, and then when there's a safe space to be able to take that person and arrest them without 300 00:25:56,870 --> 00:26:03,490 Negative the effecting the lawful assembly and that's a goal and so having that recording of the criminal activity 301 00:26:03,490 --> 00:26:07,610 It's happening for a prosecutable case as well as identifying in a 302 00:26:07,610 --> 00:26:13,690 And apprehending someone in a safer manner with that tool, but that's the kind of situation where I would expect that you would see 303 00:26:14,230 --> 00:26:17,170 drone flying in that and we would not be flying to 304 00:26:18,590 --> 00:26:24,430 simply be at a first amendment approach as or a mask gathering just to collect who's there at their location. 305 00:26:25,490 --> 00:26:32,150 I think it would be helpful to add to be more specific in the policy to make sure that we know 306 00:26:32,670 --> 00:26:40,290 when they could be used and when they couldn't. Can you elaborate on the six officer 307 00:26:41,470 --> 00:26:48,270 positions that are associated with this technology that are those positions currently 308 00:26:48,270 --> 00:26:49,150 staffed? 309 00:26:49,430 --> 00:26:53,330 It's a great question and we got a lot of convoluted because if you recall we brought 310 00:26:53,330 --> 00:26:56,350 this first item, I don't remember much earlier in the budget process. 311 00:26:57,310 --> 00:27:02,430 And so if you look at just how much it would cost for this technology in comparison to salary 312 00:27:02,430 --> 00:27:05,750 and benefits of an individual officer, it's roughly two officers. 313 00:27:06,730 --> 00:27:11,790 And however, in conversations with the union, who we consult with when we're making decisions 314 00:27:11,790 --> 00:27:19,150 about staffing levels and work status, we discuss like, hey, we want to come to the table, 315 00:27:19,210 --> 00:27:24,910 we know these technologies were bring us efficiencies, we'd like to propose that it could 316 00:27:24,910 --> 00:27:26,550 do the work of six positions. 317 00:27:27,150 --> 00:27:30,730 And so that's how we landed in the six, the number six, was in that kind of discussion. 318 00:27:30,890 --> 00:27:31,930 So that's what we brought for it. 319 00:27:31,930 --> 00:27:40,250 We've already moved past the space in the budget process where the city manager has made a proposal that identifies unnecessary cuts to our staffing. 320 00:27:41,090 --> 00:27:45,910 So we instead are now looking to what would be affected by bringing on this technology. 321 00:27:46,250 --> 00:28:01,150 And what you would see is instead of officers having to go physically to a location to gather video or to do neighborhood canvases or to have more officers on staff because you can't clear calls for service because 322 00:28:01,150 --> 00:28:03,330 You have to go individually to calls. 323 00:28:03,870 --> 00:28:08,810 We believe that we can recognize the savings in over time and reduce our over time budget. 324 00:28:09,170 --> 00:28:13,150 It could be equivalent of an addition to the cost that we would save by the implementation. 325 00:28:15,210 --> 00:28:16,730 So we're at a different space in the budget. 326 00:28:16,830 --> 00:28:21,230 And that's why we're talking about different numbers of officers and different costs savings. 327 00:28:22,230 --> 00:28:27,990 So to clarify the cost savings would be in over time, not in positions. 328 00:28:29,030 --> 00:28:33,830 Well, the proposal itself already sees a reduction of police officers positions. 329 00:28:34,470 --> 00:28:38,970 So those are happening separate from funding a technology process. 330 00:28:39,670 --> 00:28:44,170 And so those positions are either going to be preserved or eliminated pursuant to 331 00:28:44,170 --> 00:28:47,510 this council's desires around the budgeted positions for the department. 332 00:28:48,310 --> 00:28:52,750 If we are looking for ways to pay for a new technology that's going to cost money, the place 333 00:28:52,750 --> 00:28:56,510 that I will be looking at to pay for is not from new funds, which our city doesn't have 334 00:28:56,510 --> 00:28:59,710 right now, but from a reduction in my existing over time budget. 335 00:29:03,470 --> 00:29:06,690 Last year, the police department went over the over time budget. 336 00:29:09,750 --> 00:29:13,030 How would this play into those numbers, 337 00:29:13,510 --> 00:29:18,610 would it cut the overall budget allocation or the actual spending? 338 00:29:19,930 --> 00:29:20,490 Both. 339 00:29:20,670 --> 00:29:20,850 Both. 340 00:29:20,850 --> 00:29:21,730 I think you two both. 341 00:29:21,770 --> 00:29:24,930 I will share that our driver of that, 342 00:29:25,770 --> 00:29:31,230 Over time was almost all directly related to our severe staffing storage in the communication center. 343 00:29:31,750 --> 00:29:39,110 And so right now the amount of money we're spending on over time to ensure that we have the ability to answer calls that are coming in from the public. 344 00:29:39,710 --> 00:29:48,010 It said, you know, you lose it's it's one and a half percent or one and a half times an off position, a dispatcher position that you're charging in over time in order to fill those spots. 345 00:29:48,010 --> 00:29:54,610 And so we saw almost an additional $2 million this year where we're anticipating in over time as a result of that shortage. 346 00:29:55,770 --> 00:29:59,850 And so we know there's going to be that reduction then once we bring technology on board. 347 00:30:00,000 --> 00:30:29,240 And we have these greater efficiencies. We're able to reduce our minimum staffing number as we deploy in patrol with the technology. We think we can drive that number down even further. Obviously, we can't control things like special events or emergency situations that happen that sometimes unexpectedly raise our over time. But looking at the numbers and the way our shift extensions have run in over time. We believe we can drive that down with minimum staffing level changes that are only possible with technology that supports those that reduction. 348 00:30:31,920 --> 00:30:37,720 Okay, thank you. I'm curious what the training requirements are for operating drone technology. 349 00:30:44,050 --> 00:30:55,710 There are certain requirements from the FAA for drone pilots, and then we'll have additional training available to anybody that's going to be operating a drone. 350 00:30:56,230 --> 00:31:01,150 Be it a drone as a first responder or a patrol trunk deployed drone. 351 00:31:02,590 --> 00:31:05,630 To be the safety operate in those situations. 352 00:31:05,630 --> 00:31:08,870 Would that be required? 353 00:31:09,410 --> 00:31:10,130 Yes, yes. 354 00:31:10,850 --> 00:31:10,990 OK. 355 00:31:11,130 --> 00:31:12,970 Thank you. 356 00:31:13,790 --> 00:31:21,770 What protocols are in place to prevent the misuse of drone technology, such as unauthorized 357 00:31:21,770 --> 00:31:24,890 surveillance beyond the specific deployed use case? 358 00:31:28,340 --> 00:31:30,160 So, I mean, there are several layers here. 359 00:31:30,180 --> 00:31:38,200 One is the hardware limitations and how they're set to, for example, to a point 360 00:31:38,200 --> 00:31:42,400 the horizon as they're flying to a scene, not only to point down when they arrive at a scene. 361 00:31:43,680 --> 00:31:53,480 Another layer is our policies and another layer is the logging that occurs of each flight 362 00:31:54,320 --> 00:32:00,740 that gets published shortly after the flight, so the public will be able to see where a drone 363 00:32:00,740 --> 00:32:08,960 and wait shortly after it comes back and so there's a number of layers of scrutiny available 364 00:32:08,960 --> 00:32:15,360 to each drone deployment so that we can investigate any complaints but also monitor 365 00:32:16,880 --> 00:32:19,400 as these drones are getting used. 366 00:32:21,940 --> 00:32:27,900 Okay thank you and my last question is do all of the law enforcement agencies within the 367 00:32:27,900 --> 00:32:34,100 in Bay Area counties that share our data have written sanctuary city policies or sanctuary policies? 368 00:32:36,750 --> 00:32:42,510 I'm not aware of every single agency, I know many of them do, but that was certainly part of our 369 00:32:42,510 --> 00:32:50,010 intent by limiting the agencies that we share with to the local region to maximize public safety 370 00:32:50,010 --> 00:32:55,830 value without exposing ourselves to other agencies whose policies were not in control of. 371 00:32:55,830 --> 00:32:58,850 And just to be clear, we are a sanctuary state. 372 00:32:59,010 --> 00:33:00,950 We have laws that protect us as a state. 373 00:33:01,070 --> 00:33:05,230 Every single law enforcement agency in the state of California has policies and places 374 00:33:05,230 --> 00:33:07,030 that says you cannot violate state law. 375 00:33:10,350 --> 00:33:11,410 Folks, please. 376 00:33:11,890 --> 00:33:12,190 Thank you. 377 00:33:12,470 --> 00:33:12,490 Yeah. 378 00:33:12,510 --> 00:33:16,950 I know our local sanctuary is stronger than the states. 379 00:33:17,470 --> 00:33:19,110 So, which is why I asked. 380 00:33:19,330 --> 00:33:19,830 Thank you. 381 00:33:19,950 --> 00:33:23,810 Those are my questions for BPD, but I do have more for Flock. 382 00:33:25,170 --> 00:33:26,590 I think just to clarify real quick. 383 00:33:26,590 --> 00:33:29,750 So in order for another agency to look across our data, 384 00:33:30,250 --> 00:33:32,730 they have to agree to follow our sanctuary city policy, 385 00:33:33,250 --> 00:33:35,690 not whatever their city sanctuary policy is. 386 00:33:35,830 --> 00:33:37,410 So yeah, we hold them to that higher standard, 387 00:33:37,570 --> 00:33:39,330 in order for us to share with them. 388 00:33:39,350 --> 00:33:41,470 We would cut off access if they were doing something 389 00:33:41,470 --> 00:33:45,030 that did not comply with our city sanctuary city policy. 390 00:33:45,970 --> 00:33:46,770 Thanks, Chief. 391 00:33:47,690 --> 00:33:50,530 Okay, so we're moving on to Councilmember BlackBee, 392 00:33:50,570 --> 00:33:52,130 but I know there's a lot of folks standing. 393 00:33:52,250 --> 00:33:55,230 If you would like to sit, there are some seats throughout, 394 00:33:55,230 --> 00:34:00,550 don't feel bad about asking someone to move their belongings. I just want to make sure everyone can 395 00:34:00,550 --> 00:34:05,050 sit if they want to. Yeah, go ahead. Great. Thanks, Madam Mayor. Could I ask, is the flock 396 00:34:05,050 --> 00:34:15,130 rep here? Oh, awesome. Okay. Great. Thank you. Thank you. From the outset. No worries. I'll start with 397 00:34:15,130 --> 00:34:17,170 questions. Okay folks, please. That's not appropriate. 398 00:34:27,670 --> 00:34:30,750 Mayor, I'm glad we need to take a five minute 399 00:35:00,000 --> 00:35:05,100 All right, we will be taking a five minute break for audiovisual reasons. Thank you. 400 00:36:31,510 --> 00:36:41,410 I mean he's missed it, he's just gone now. 401 00:36:43,430 --> 00:36:46,730 He's got his friend so he's actually got his friend so he's got it. 402 00:36:56,530 --> 00:36:57,930 Enlightenment. 403 00:36:59,630 --> 00:37:12,790 These test test test test test test test test test test test 404 00:37:30,700 --> 00:37:36,560 I was fine 405 00:37:46,610 --> 00:37:47,490 on the zoom. 406 00:37:47,750 --> 00:37:47,810 Yeah. 407 00:37:48,410 --> 00:37:51,370 But now BCM doesn't have a good idea. 408 00:45:43,180 --> 00:45:45,360 Test, test, sound check, 409 00:46:04,380 --> 00:46:05,340 testing, testing, 410 00:46:34,850 --> 00:46:35,730 sound check. 411 00:46:44,610 --> 00:46:45,570 Test, 412 00:48:09,240 --> 00:48:11,600 test, audio, test, test, test, 413 00:48:15,060 --> 00:48:18,060 yes, rose muted after that. 414 00:48:18,060 --> 00:48:18,820 So, 415 00:48:21,360 --> 00:48:24,520 Med is there, is it, are you getting audio, 416 00:48:34,980 --> 00:48:35,480 S test test? 417 00:48:35,600 --> 00:48:44,920 We go, we go in there and talk to you, Rose, we go in there, where Med is an ask him if it's 418 00:48:44,920 --> 00:48:45,220 working, 419 00:49:04,580 --> 00:49:07,020 test test, test, audio test, test, 420 00:49:11,230 --> 00:49:14,870 test, test, BCM audio test, but can you hear me 421 00:49:14,870 --> 00:49:15,170 David? 422 00:49:19,230 --> 00:49:20,210 Okay. 423 00:49:31,300 --> 00:49:32,020 Okay. 424 00:49:32,020 --> 00:49:40,260 Okay. Test, test, test, test, test, test, test, test. 425 00:49:40,620 --> 00:49:43,140 Okay. Rose is saying that Ned has thumbs. 426 00:49:44,140 --> 00:49:47,140 Okay. All right. So I think we're okay to resume. 427 00:49:49,610 --> 00:49:51,070 All right. 428 00:49:51,690 --> 00:49:53,070 Just stay close. 429 00:49:53,070 --> 00:49:53,630 That's it. 430 00:50:01,070 --> 00:50:05,110 All right. That's, it's stay close. 431 00:51:23,330 --> 00:51:28,530 Hello, Tessing, okay folks you can hear me 432 00:51:29,530 --> 00:51:33,170 If you can hear me clap twice, if you can hear me clap three times. 433 00:51:34,450 --> 00:51:35,450 Whoo, very good. 434 00:51:35,910 --> 00:51:35,930 All right. 435 00:51:35,950 --> 00:51:37,450 Thank you everyone for your patience. 436 00:51:37,710 --> 00:51:38,590 I'm so sorry. 437 00:51:38,910 --> 00:51:41,210 It seems that we are back up and running again. 438 00:51:41,930 --> 00:51:44,030 So I will call this meeting back to order. 439 00:51:47,420 --> 00:51:47,920 All right. 440 00:51:48,580 --> 00:51:50,260 And where we left off. 441 00:51:50,940 --> 00:51:52,280 Was that Council Member Black could be? 442 00:51:52,420 --> 00:51:53,740 Was just about to ask his question. 443 00:51:54,220 --> 00:51:54,760 Sorry, I'm in the back. 444 00:51:55,000 --> 00:51:56,020 Go ahead, Council Member. 445 00:51:56,640 --> 00:51:59,700 And we've just also introduced a new person to our table too. 446 00:51:59,700 --> 00:52:02,500 So perhaps, you want to introduce yourself? 447 00:52:03,040 --> 00:52:04,840 Yes, Mayor and Council, my name is Trevor Chandler. 448 00:52:04,860 --> 00:52:06,800 I'm the Senior Director of Public Affairs of Law. 449 00:52:07,200 --> 00:52:07,640 Thank you. 450 00:52:08,000 --> 00:52:11,080 OK, folks, please respect. 451 00:52:11,820 --> 00:52:12,200 Go ahead. 452 00:52:14,120 --> 00:52:16,700 Chief Louis W. Chief Tate, Mr. Momburg. 453 00:52:16,940 --> 00:52:19,940 I just wanted to appreciate your in here bringing the path forward. 454 00:52:21,080 --> 00:52:25,360 I wanted to say from the outset that I fully support your effort to provide our officers 455 00:52:25,360 --> 00:52:26,920 with the tools I need to keep us safe. 456 00:52:26,920 --> 00:52:33,000 But I do have questions about who we choose to contract with and how we build the public 457 00:52:33,000 --> 00:52:34,000 trust around the process. 458 00:52:36,280 --> 00:52:40,360 So I want to start with a couple of questions for the department and then I have some questions 459 00:52:40,360 --> 00:52:41,000 for Mr. Chandler. 460 00:52:42,380 --> 00:52:45,820 I wanted to focus on the community video streams piece of it because I think that's the part 461 00:52:46,520 --> 00:52:47,580 we've talked about. 462 00:52:47,580 --> 00:52:53,700 I think not as much as some of the others and just from my understanding what are the circumstances 463 00:52:53,700 --> 00:52:57,000 is under which you will activate those cameras. 464 00:52:57,200 --> 00:52:59,460 So the protocols around when you use them, when you don't, 465 00:52:59,560 --> 00:53:00,960 or they always aren't, or they not always 466 00:53:00,960 --> 00:53:02,040 on, how does that part work? 467 00:53:03,140 --> 00:53:04,020 Yeah, only, 468 00:53:06,940 --> 00:53:08,260 and realize they're on. 469 00:53:09,220 --> 00:53:12,020 Only your spot to a specific incident or active investigation. 470 00:53:12,420 --> 00:53:13,860 So we won't just be monitoring them. 471 00:53:13,960 --> 00:53:16,160 It will only be in response to something specific. 472 00:53:17,620 --> 00:53:21,180 So in the RTIC, so the idea is not, 473 00:53:21,300 --> 00:53:23,300 here's all the community video stream cameras 474 00:53:23,300 --> 00:53:24,580 and running all of it. 475 00:53:24,580 --> 00:53:27,980 basically, hey, there's an event happening at the Apple Store. 476 00:53:28,200 --> 00:53:30,840 We need to activate the cameras to monitor what's going on and correct. 477 00:53:31,360 --> 00:53:33,540 Okay, so it's some particular event that activates. 478 00:53:34,040 --> 00:53:38,600 Okay, how does this kind of video access, you know, 479 00:53:38,600 --> 00:53:42,300 how does it compare with how we're monitoring the other fixed cameras? 480 00:53:42,400 --> 00:53:43,980 Is it a similar, how do you think about that? 481 00:53:43,980 --> 00:53:46,100 Is this similar approach in terms of when they're activated? 482 00:53:46,360 --> 00:53:50,840 I'm just trying to kind of square the cameras that the city would be operating 483 00:53:50,840 --> 00:53:52,740 versus the ones that we'd be asking partners about. 484 00:53:52,740 --> 00:53:56,060 Yeah, they're very similar use policies that we propose. 485 00:53:57,100 --> 00:53:59,560 So that there would be under the same permitted uses 486 00:53:59,560 --> 00:54:00,980 and prohibited uses, and so on. 487 00:54:01,300 --> 00:54:03,420 And the retention time, is it the same retention period 488 00:54:03,420 --> 00:54:03,880 for both? 489 00:54:04,700 --> 00:54:05,700 So with the community of these dreams, 490 00:54:05,840 --> 00:54:07,540 we wouldn't be retaining any footage. 491 00:54:08,060 --> 00:54:10,860 This would just be whatever that, since these cameras 492 00:54:10,860 --> 00:54:11,860 already exist, right? 493 00:54:12,020 --> 00:54:14,000 The organizations already paying for them. 494 00:54:14,340 --> 00:54:15,500 And so whatever their retention policy 495 00:54:15,500 --> 00:54:18,540 is how long they would retain that video footage for it. 496 00:54:18,540 --> 00:54:21,180 And then they would decide whether to give us access 497 00:54:21,180 --> 00:54:26,000 to only the live footage or to any period of the vaccine video. 498 00:54:26,760 --> 00:54:29,440 So if there is some evidentiary value from something, 499 00:54:29,600 --> 00:54:31,460 you might take that and hold on to that 500 00:54:31,460 --> 00:54:32,940 for the purpose of doing an investigation. 501 00:54:33,640 --> 00:54:35,820 Sorry, but otherwise, good. 502 00:54:36,060 --> 00:54:37,020 Yeah, I think about this way. 503 00:54:37,720 --> 00:54:40,700 So if we learned there was a robbery at a business 504 00:54:40,700 --> 00:54:41,520 and they had video. 505 00:54:42,360 --> 00:54:43,280 We would capture that video. 506 00:54:43,380 --> 00:54:44,620 We would log in capture that video. 507 00:54:44,760 --> 00:54:46,960 It would get uploaded into our evidence collection system 508 00:54:46,960 --> 00:54:48,860 and held pursuant to the retention period 509 00:54:48,860 --> 00:54:50,280 for that kind of crime. 510 00:54:50,940 --> 00:54:59,820 If, for some reason, we learned that a crime happened at that particular business, a month ago, two months ago, six months ago, we would contact them and say, you know, do you? 511 00:55:00,000 --> 00:55:09,720 So there's some kind of real-time monitoring in the moment for an event, but it's just turned on for a particular event and turned off when you don't need it. 512 00:55:10,160 --> 00:55:14,980 And after the fact, you might ask for footage and then use it for evidence again. 513 00:55:15,420 --> 00:55:18,840 So you're only retaining the footage of stuff that has evidentiary value. 514 00:55:19,040 --> 00:55:19,980 Is that right? Okay. 515 00:55:20,640 --> 00:55:26,380 And are there any circumstances under which you'd be sharing any of that video with other jurisdictions or not? 516 00:55:26,980 --> 00:55:31,460 This is a sense of situation with the fixed-art fixed cameras that we own. 517 00:55:31,980 --> 00:55:36,320 We would never allow access to another agency to get in and do some searching, but if we 518 00:55:36,320 --> 00:55:40,040 got contacted and said, hey, we're working this series of robberies, we believe somebody 519 00:55:40,040 --> 00:55:43,520 was in that store that the description of such and such, right? 520 00:55:43,520 --> 00:55:47,940 Then we could access and understand whether that evidence was there, and we would only turn 521 00:55:47,940 --> 00:55:52,900 that evidence over to them if it fit within the parameters of, you know, really to an investigation. 522 00:55:53,220 --> 00:55:53,360 Right. 523 00:55:53,360 --> 00:55:58,660 Similarly, it's like, so you have rules in terms of who you do or don't share with, and again, never 524 00:55:58,660 --> 00:56:02,760 shared with for immigration and enforcement purposes and all that. 525 00:56:02,780 --> 00:56:03,740 Absolutely, okay. 526 00:56:05,580 --> 00:56:12,560 And if, if another jurisdiction needed access to information at, like, again, maybe they have 527 00:56:12,560 --> 00:56:17,560 a suspect from their jurisdiction who is involved in something at the Apple Store and Berkeley, 528 00:56:18,080 --> 00:56:19,600 do they come through us? 529 00:56:19,600 --> 00:56:27,180 So how do they get that for it? Again, does it come through you guys making that request and then you decide whether or not to share it? Or do they go directly to that? 530 00:56:32,250 --> 00:56:38,010 I would say either. I mean, there's nothing that precludes them from going to the Apple store and saying, hey, we're investigating this case. Can we have it? 531 00:56:38,390 --> 00:56:41,990 And a private business would share whatever manner they wanted to. 532 00:56:42,150 --> 00:56:47,570 But if we were approached to ask for evidence from someone in our city, it has to go through a review process. 533 00:56:47,570 --> 00:56:52,250 process, I capped in the captain of the investigations would approve the collection of that 534 00:56:52,250 --> 00:56:54,130 and the release of that to another institution. 535 00:56:54,590 --> 00:56:55,930 Great, thank you. 536 00:56:56,170 --> 00:56:59,590 A couple questions from Mr. Chandler, again, thank you for being here in the hot seat. 537 00:57:00,290 --> 00:57:04,630 From that outset, I just want to say, because I think this is something I've felt a while 538 00:57:04,630 --> 00:57:10,850 and I think a lot of us feel this, that I've just been really disappointed and frustrated 539 00:57:11,770 --> 00:57:16,610 to watch how flock has sort of handled the sort of drip drip drip of complaints and reports 540 00:57:16,610 --> 00:57:22,410 about problems with an authorized data sharing with sort of the mistakenly check check boxes 541 00:57:22,410 --> 00:57:28,470 with pilot programs with CBP and sort of other agencies that give them access to these 542 00:57:28,470 --> 00:57:31,450 broad look-up features without the permission of the local agencies. 543 00:57:32,450 --> 00:57:36,810 And I'll just say, you know, as someone who before I had this job, I've spent a lot of years 544 00:57:36,810 --> 00:57:46,390 in public affairs and politics, it's, you know, it's really been a case study in like 545 00:57:47,270 --> 00:57:51,070 So my frustration is that rather than getting out ahead of it and taking responsibility, 546 00:57:52,390 --> 00:57:56,310 it's been kind of put on the local jurisdictions to sort of defend what's happened, 547 00:57:56,330 --> 00:57:59,690 which I don't think has really been fair to allow these local jurisdictions. 548 00:58:00,610 --> 00:58:06,350 And in a lot of cases, I thought the first response seemed to be blaming these agencies 549 00:58:06,350 --> 00:58:12,110 for faulty configuration without acknowledging that one error is a user error, but multiple 550 00:58:12,110 --> 00:58:15,550 errors is a product flaw, you know, that's a flock, that's a flock issue. 551 00:58:17,030 --> 00:58:21,710 So, I'm not doing, I'm just doing this because, you know, I feel like we need to get this 552 00:58:21,710 --> 00:58:26,590 on the table because, you know, that's a frustration, I think we all are feeling as policy makers 553 00:58:26,590 --> 00:58:28,150 who are being asked to make this sort of decision. 554 00:58:29,610 --> 00:58:32,790 So my question, I know we've talked about this in the past, but are you willing and can you 555 00:58:32,790 --> 00:58:39,510 acknowledge today, but you know, flock has made, you know, these mistakes, these are not just 556 00:58:39,510 --> 00:58:43,870 jurisdictions kind of make an mistake. This is, this has been a flock piece of two and I just 557 00:58:43,870 --> 00:58:47,390 want to do that kind of talk about that and help us understand how you view that. 558 00:58:47,890 --> 00:58:52,510 Absolutely. And I genuinely appreciate those remarks at the Councillor. So thank you for bringing 559 00:58:52,510 --> 00:58:59,670 it up. We have made an our our CEO has made public that we could have and should have done 560 00:58:59,670 --> 00:59:08,050 many things better. When we started addressing these issues a little over a year ago, up to that point, 561 00:59:08,050 --> 00:59:14,870 We had been providing compliance, the tools to be compliant, rather than simply mandating 562 00:59:14,870 --> 00:59:20,590 compliance like we could have and making it easier for all of our customers, especially 563 00:59:20,590 --> 00:59:25,610 here in California in other states that have laws that would have just been easier for 564 00:59:25,610 --> 00:59:26,870 us to do that. 565 00:59:27,550 --> 00:59:32,450 We have sent shifted in our entire business model to start to mandate compliance. 566 00:59:32,910 --> 00:59:37,230 Now it is not possible for a single California agency to share outside the state. 567 00:59:37,230 --> 00:59:43,490 In addition, to make sure that is not allowed, we've also put in place immigration search filters. 568 00:59:43,850 --> 00:59:46,230 We've put in place reproductive health search filters. 569 00:59:46,990 --> 00:59:53,790 And we've removed all and any sharing with any federal, whether it's a national park, whether it's the post office. 570 00:59:54,250 --> 00:59:59,970 And so these are things that we acknowledged one, we could have communicated the compliance features better, and that's on us. 571 01:00:00,000 --> 01:00:29,280 Take full responsibility for that. And we could have done compliance as default, rather than simply providing the tools and letting agencies go on at case by case basis. So we're extremely proud of what we've done last year. Now we have probably, I will say definitely of all the LPR providers. We are the only LPR major LPR provider without a contract with ICE. I think that's very important to note. There's no relationship there. That distinguishes us from axon, Motorola, everyone else. 572 01:00:29,280 --> 01:00:51,220 There is no contract with ICE where the only one without a contract with ICE, and we have put in place groundbreaking and industry leading transparency and accountability features, including additional audit transparency, that proactively provides potential misuse potential irregularities, so people don't have to wait until they run their audit next. I'm happy to go through more of that. 573 01:00:51,220 --> 01:00:52,120 Yeah, that's right. 574 01:00:53,100 --> 01:00:53,160 Yes. 575 01:00:53,180 --> 01:00:54,020 I'm going to take your comments. 576 01:00:54,660 --> 01:00:58,460 There is much we could have done better and we are working to earn that trust by doing 577 01:00:58,460 --> 01:00:59,680 even more than that. 578 01:00:59,680 --> 01:01:00,460 I appreciate that. 579 01:01:01,080 --> 01:01:06,580 And one of the things we talked about in the past was I think in March, March 26th, there 580 01:01:06,580 --> 01:01:08,720 was a blog post that outlined a lot of those new safeguards. 581 01:01:09,120 --> 01:01:14,380 So this is the California agencies can't share out of state or with the feds that the federal 582 01:01:14,380 --> 01:01:18,380 government is not part of the California state look up network that you require the 583 01:01:18,380 --> 01:01:23,120 defense type and sort of the drop down to do a search and that the cities again this is 584 01:01:23,120 --> 01:01:28,600 this confirmation this is the city's data and not you know blockstata. One of those 585 01:01:28,600 --> 01:01:33,800 safeguards actually go into effect like when did those come online? I believe those most of 586 01:01:33,800 --> 01:01:40,380 that they they came online in various iterations I believe most of them came online in August and I 587 01:01:40,380 --> 01:01:46,480 can get the the specific dates for you. So it's like August of 25 plus plus or minus and then 588 01:01:46,480 --> 01:01:48,760 or there was some communication about that I know in March 589 01:01:48,760 --> 01:01:50,300 that kind of just laid, okay. 590 01:01:51,040 --> 01:01:52,240 Since those safeguards, 591 01:01:52,700 --> 01:01:54,140 a lot of my questions are around 592 01:01:54,140 --> 01:01:56,600 like the timeline of this process, 593 01:01:56,620 --> 01:01:58,820 because if you look at sort of news reports about flock 594 01:01:58,820 --> 01:02:00,060 and what's going on, 595 01:02:00,260 --> 01:02:02,040 a lot of what happens is we're also talking about things 596 01:02:02,040 --> 01:02:04,640 that may have happened a year ago, right? 597 01:02:04,640 --> 01:02:05,700 Because it's an audit that cuts it. 598 01:02:06,120 --> 01:02:07,400 So my question sort of is, 599 01:02:07,720 --> 01:02:09,640 since those safeguards went into effect, 600 01:02:10,180 --> 01:02:13,280 have you have any customers reported issues 601 01:02:13,280 --> 01:02:16,320 that those safeguards went into effect, 602 01:02:16,480 --> 01:02:22,560 You lock down the sort of piece, what's happened since the safeguards, and what can you look at in terms of the track record. 603 01:02:22,680 --> 01:02:23,500 Since that time. 604 01:02:23,740 --> 01:02:30,940 We've been notified of no instances where the previous examples have happened again. 605 01:02:31,540 --> 01:02:32,760 So I know that's the case. 606 01:02:32,800 --> 01:02:40,980 I was just on a call with the other day with another California city with 100% clean audit. 607 01:02:41,240 --> 01:02:46,300 There are no issues, and I've not been made aware of any additional issues since these figures. 608 01:02:46,300 --> 01:02:47,540 have been put in grace. 609 01:02:48,140 --> 01:02:50,920 Let me pivot a little bit to some of these kind of operational questions. 610 01:02:51,580 --> 01:02:56,560 Part of these are in the draft contract, part of it is in, and I'll try and be judicious 611 01:02:56,560 --> 01:02:57,460 with my time. 612 01:02:58,260 --> 01:03:05,920 Question about, if the FBI comes to you with a judicial warrant asking you for access to some 613 01:03:05,920 --> 01:03:09,620 of Berkeley's data, what's the flux operating procedure now? 614 01:03:09,740 --> 01:03:10,160 Councillor interjecting. 615 01:03:10,160 --> 01:03:10,340 Councillor interjecting. 616 01:03:10,660 --> 01:03:10,920 Councillor interjecting. 617 01:03:11,820 --> 01:03:12,380 Councillor interjecting. 618 01:03:14,100 --> 01:03:14,760 Councillor interjecting. 619 01:03:14,760 --> 01:03:20,820 We are contractually obligated to notify the city of Berkeley of that request, and internally 620 01:03:20,820 --> 01:03:25,760 our process is to let that subpoenaining authority know that we do not own the data, 621 01:03:25,900 --> 01:03:30,640 because contractually we do not own the data and direct them to the city of Berkeley. 622 01:03:31,380 --> 01:03:34,560 Okay, and then back to the chiefs, so if that comes to you, then what's kind of the city's response. 623 01:03:35,080 --> 01:03:39,580 So, you know, the fraught comes to us and said we've got this subpoena just again to kind of confirm 624 01:03:39,580 --> 01:03:43,040 how the process would work from there. Right, so the minute that we got that subpoena, 625 01:03:43,040 --> 01:03:45,820 we'd be in consultation with the city manager 626 01:03:45,820 --> 01:03:48,300 and the city attorney's office about proper ways 627 01:03:48,300 --> 01:03:49,420 to justify that subpoena. 628 01:03:50,260 --> 01:03:50,360 OK. 629 01:03:50,580 --> 01:03:53,760 And then similarly, if instead of the FBI with a judicial warrant, 630 01:03:53,840 --> 01:03:56,100 if it was ICE with an administrative warrant 631 01:03:56,100 --> 01:03:59,740 that came to ICE and asked for access to Berkeley's data, 632 01:03:59,980 --> 01:04:01,300 what would that play out? 633 01:04:01,540 --> 01:04:02,640 Is that any different? 634 01:04:02,760 --> 01:04:05,520 How is that play out if it's an ICE administrative warrant 635 01:04:05,520 --> 01:04:07,500 versus an FBI judicial warrant? 636 01:04:07,980 --> 01:04:08,840 For us, there's no difference. 637 01:04:08,960 --> 01:04:10,960 We would still direct them to you, 638 01:04:10,960 --> 01:04:12,780 and we would alert you to that request. 639 01:04:12,780 --> 01:04:16,240 Okay, and then it would be a similar process for us. 640 01:04:18,720 --> 01:04:18,900 Okay. 641 01:04:19,600 --> 01:04:19,800 Good. 642 01:04:19,820 --> 01:04:20,260 Well, thank you. 643 01:04:20,400 --> 01:04:25,200 Look, I appreciate you being here and we'll on this sort of answer those questions. 644 01:04:25,860 --> 01:04:27,240 I appreciate this discussion. 645 01:04:27,500 --> 01:04:30,900 I think, you know, as we move forward, and I shouldn't hear colleagues, interested in hearing 646 01:04:30,900 --> 01:04:36,620 from the public, you know, I do want to make sure that, you know, we're really thinking about 647 01:04:36,620 --> 01:04:41,620 who and, you know, what we're contracting with whom for what, as we move forward. 648 01:04:42,640 --> 01:04:45,800 And so that'll be something I think I want to come back to later. 649 01:04:46,900 --> 01:04:48,260 Just to make sure that we're making the best choice. 650 01:04:48,520 --> 01:04:51,580 Because again, I have full confidence in what the department's doing. 651 01:04:51,660 --> 01:04:55,820 I think you need to make sure that our tools meet those expectations as well. 652 01:04:56,140 --> 01:04:56,760 So anyway, thank you. 653 01:04:57,880 --> 01:04:58,220 Thank you. 654 01:04:58,300 --> 01:04:58,720 Thank you, Council Member. 655 01:04:59,460 --> 01:04:59,860 So. 656 01:05:00,000 --> 01:05:09,300 I did want to directly thank you for being here. My first question is for you. I know it's been 657 01:05:09,300 --> 01:05:16,580 sometimes since March. Could you recopituate the four principal concerns from the pub and has 658 01:05:16,580 --> 01:05:23,220 anything changed on that front? Since the last time, this was discussed. 659 01:05:23,220 --> 01:05:23,240 Thank 660 01:05:25,450 --> 01:05:27,490 you. 661 01:05:28,010 --> 01:05:38,210 So from March, the concerns broadly were about the MSA with the concerns broadly were about 662 01:05:38,210 --> 01:05:39,750 the NSA with Flock. 663 01:05:41,050 --> 01:05:47,990 The policy is governing drones, the community, the policies concerning drones, the community 664 01:05:47,990 --> 01:05:54,810 video streams and fixed cameras, and the drone acquisition report, oh, sorry, and the 665 01:05:54,810 --> 01:05:59,830 integrated platform of surveillance services in one vendor. 666 01:06:01,390 --> 01:06:03,710 Those were the four concerns from March. 667 01:06:05,210 --> 01:06:10,890 Since then, there's been additional research done about the procurement process, 668 01:06:10,890 --> 01:06:16,010 and that's what the PABs letter to you of May 4th, 669 01:06:16,150 --> 01:06:18,950 which is in the Supplemental two packet outlines. 670 01:06:19,610 --> 01:06:23,950 So, I don't know if you want me to go into that right now or. 671 01:06:24,450 --> 01:06:27,130 Yeah, maybe a little later. 672 01:06:28,410 --> 01:06:32,530 But I do want to make sure I have time to ask. 673 01:06:33,110 --> 01:06:36,250 Travel some questions and thank you for being here. 674 01:06:37,510 --> 01:06:43,370 So my first question is in this might also be for staff. 675 01:06:44,230 --> 01:06:52,450 There's been a lot of discussion about this lookup tool, and are you willing at this 676 01:06:52,450 --> 01:07:00,390 point to make a commitment that if, partly, was to enter into a contract with Flock, it 677 01:07:00,390 --> 01:07:02,750 would be disabled entirely? 678 01:07:09,010 --> 01:07:15,970 National lookup, yes, absolutely, it's already done, it is impossible for any agency in California 679 01:07:15,970 --> 01:07:21,030 it to enter into the national search feature and we are willing if you would like to put that 680 01:07:21,030 --> 01:07:25,630 in the contract absolutely a hundred percent we would be comfortable with that as of what 681 01:07:25,630 --> 01:07:34,250 date did that change on your end approximately around August so I can double check on this specific date 682 01:07:34,250 --> 01:07:43,090 but that change is already been made okay what is the highest for violation term if there is a breach 683 01:07:43,090 --> 01:07:52,750 of contract that you're willing to accept, which means is 290k, or glances 200k, we have 684 01:07:52,750 --> 01:08:00,450 on file the response from flock that you're willing to accept 150k. I'm wondering if just 685 01:08:00,450 --> 01:08:02,450 your thoughts around, 686 01:08:04,830 --> 01:08:10,030 there is actually no monetary value that can be placed on a human life 687 01:08:10,030 --> 01:08:14,290 being impacted on this, so I just wanted to ask. 688 01:08:22,380 --> 01:08:23,720 Was that a question? 689 01:08:24,780 --> 01:08:29,960 What is the highest part violation term that you're willing to accept? 690 01:08:30,820 --> 01:08:31,840 I can't speak to the highest. 691 01:08:32,120 --> 01:08:35,300 As you said, we have the examples of Oakland enrichment. 692 01:08:35,660 --> 01:08:42,240 And I imagine we could be amenable to a similar per violation standard here. 693 01:08:44,050 --> 01:08:45,750 Thank you. 694 01:08:45,750 --> 01:08:53,810 Folks, I don't believe it's important to know since implementing those, we have never been subject to any of those 695 01:08:53,810 --> 01:08:56,990 finds for any potential, uh, uh, mystery. 696 01:08:58,950 --> 01:08:59,810 Thank you. 697 01:09:00,450 --> 01:09:01,810 Um, I think this, 698 01:09:04,370 --> 01:09:10,450 do you currently, um, I, I appreciate what you said about, um, not working with ice. 699 01:09:11,230 --> 01:09:14,870 Um, that counts for a lot in my book. 700 01:09:14,870 --> 01:09:23,010 Do you currently have any contracts able use or other agreements with other federal agencies such as CBP? 701 01:09:23,030 --> 01:09:26,610 We have federal contracts, but not with CBP. 702 01:09:28,680 --> 01:09:33,780 Can you allow us to date on other federal contracts if you do have? 703 01:09:35,640 --> 01:09:40,940 We have national park contracts, United States Postal Inspection Service, those sorts. 704 01:09:40,940 --> 01:09:51,060 Yes, but we do not have a contract with us and we do not currently have any contracts with entities under the department of under the Department of Homeland Security. 705 01:09:53,080 --> 01:09:53,180 Okay. 706 01:09:54,500 --> 01:09:59,180 What was the date at which any of those contracts for this continued? 707 01:10:00,000 --> 01:10:07,240 We never had a contract with CBP. We had a pilot agreement. That lasted for approximately four months. 708 01:10:07,840 --> 01:10:16,840 And it was focused on human and fentanyl narcotrafficking. And that was suspended around September of 2025. 709 01:10:18,160 --> 01:10:20,440 I can get the specific date on that. That's an estimation. 710 01:10:21,260 --> 01:10:22,500 Okay. Thank you. 711 01:10:25,340 --> 01:10:31,640 This might be a question for actually both the chief and Mr. Chandler. 712 01:10:32,380 --> 01:10:39,380 There has been discussion around, well, we've put it. 713 01:10:39,900 --> 01:10:46,720 Yeah, my council member, how many just curious how many more questions you have since I think you've actually this is your second time your second period of question. 714 01:10:46,720 --> 01:10:48,120 This will be my last question. 715 01:10:48,380 --> 01:10:49,160 Okay. Thank you. 716 01:10:51,000 --> 01:10:59,880 I understand that flock is currently testing out the utilization of machine learning as part of its system. 717 01:11:00,420 --> 01:11:08,450 Can you speak to how that would be prescribed are there? 718 01:11:08,450 --> 01:11:20,110 Would you be agreeable to terms in a contract or MOU that might preclude the use of machine learning? 719 01:11:20,110 --> 01:11:22,150 specific to Barclay. 720 01:11:23,630 --> 01:11:23,930 Yeah. 721 01:11:24,610 --> 01:11:25,170 Thank you, Councillor. 722 01:11:25,470 --> 01:11:27,930 So we do use machine learning to increase accuracy. 723 01:11:28,170 --> 01:11:32,390 So as new vehicles come onto the market, a new camera, any number of things. 724 01:11:32,650 --> 01:11:40,010 We take accuracy very seriously, because we don't want to minimize misidentifications of vehicles and license plates as much as possible. 725 01:11:40,090 --> 01:11:41,650 As new license plates come on the market. 726 01:11:42,170 --> 01:11:44,010 We use machine learning to improve that accuracy. 727 01:11:44,790 --> 01:11:46,770 We have such as an Oakland. 728 01:11:46,770 --> 01:11:55,770 Some cities have decided they want to opt out of participating in that out of it in extra abundance of caution and we would absolutely be a 729 01:11:55,770 --> 01:11:59,050 Manimble if Berkeley would want to opt out of the machine learning process 730 01:11:59,730 --> 01:12:03,130 Obviously, we want we want to continue to hopefully improve 731 01:12:03,130 --> 01:12:09,350 But if that's something that Berkeley doesn't want to be a part of then we would absolutely opt the city out of it 732 01:12:09,350 --> 01:12:11,190 Thank you so much 733 01:12:11,190 --> 01:12:13,490 Thank you councilmember O'Keefe 734 01:12:14,550 --> 01:12:15,570 Thanks for giving me another 735 01:12:15,570 --> 01:12:19,810 But at the Apple here, first of all, I want to say it 736 01:12:19,810 --> 01:12:22,070 Miss Lee, I'm just so happy you're here and I'm just, 737 01:12:22,070 --> 01:12:22,730 thank you so much. 738 01:12:22,870 --> 01:12:25,570 It's really important your important voice and just welcome to this 739 01:12:26,090 --> 01:12:28,010 Welcome to this world back to this world. 740 01:12:29,530 --> 01:12:32,030 And I guess there's not going to be a presentation 741 01:12:32,030 --> 01:12:33,350 from the pub. 742 01:12:34,010 --> 01:12:34,750 Is that right? 743 01:12:35,510 --> 01:12:36,670 Are you prepared to know? 744 01:12:36,810 --> 01:12:39,550 I'm not aware that we will have any other presentations. 745 01:12:40,270 --> 01:12:41,790 Okay, I guess I don't have specific questions, 746 01:12:41,990 --> 01:12:45,170 but I am curious to hear more about your perspective 747 01:12:45,170 --> 01:12:50,110 on the issues that were raised by the the pad letter. So I think that's what I'm 748 01:12:50,110 --> 01:12:53,690 sure you've also asked about that, but you're going to ask more later. You're asking about 749 01:12:53,690 --> 01:12:59,610 the recent pad letter. Yeah, so yes, it did. Director, if you could speak to that recent 750 01:12:59,610 --> 01:13:06,270 pad letter. Yeah, it was to hear your current thoughts. My take on it. I would agree with it 751 01:13:06,710 --> 01:13:14,090 pretty much, substantively. There was a lot of research done, a very deep dive into the series 752 01:13:14,090 --> 01:13:21,690 of contracts that the department had entered into and how it seems that we ended up sort of 753 01:13:21,690 --> 01:13:30,630 piece-mailing the various components and a concern that is noted is having an integrated architecture 754 01:13:30,630 --> 01:13:42,030 without a real sense of really analyzing whether that's needed, whether it needs to be provided 755 01:13:42,030 --> 01:13:51,210 by one vendor, and the research that the pad members did, what we feel that there are other 756 01:13:51,210 --> 01:14:01,510 jurisdictions that do use different surveillance technologies from different vendors and use 757 01:14:01,510 --> 01:14:15,030 some other type of platform to integrate it all, and I think there is a concern to me about having 758 01:14:15,030 --> 01:14:21,430 anything rely on one vendor. And this is really, and I want to emphasize that this is really 759 01:14:21,430 --> 01:14:31,490 separate and apart from flock as a vendor, all the procurement issues, and having a single 760 01:14:31,490 --> 01:14:43,710 vendor provide all of your systems, as the memo outlines, could be a great danger if something 761 01:14:43,710 --> 01:14:54,770 fails, that means everything could be failing without any sort of backup. And so that is a major concern. 762 01:14:54,770 --> 01:14:59,450 Sorry, just a bit about your talking about the technology itself failing like not working anymore. 763 01:15:00,000 --> 01:15:04,480 I want to continue in discussion, but I really appreciate you being here once again. Two more questions. 764 01:15:07,260 --> 01:15:13,740 Actually, this one is for, actually, I want to thank Council Member Black. I could be asking the great questions of 765 01:15:13,740 --> 01:15:18,560 a flock representative. I think that was really helpful. And I think after hearing about that, I would like to hear a little more from our 766 01:15:18,560 --> 01:15:27,500 police about our auditing process. How often is it done? What do you check for if you could just help us understand how that looks a little bit more? 767 01:15:29,580 --> 01:15:38,340 Yeah, so I'll policy requires that we audit our LPR system twice a year and so that entails 768 01:15:38,340 --> 01:15:45,720 going into those logs of when other network agencies and search across our network and evaluating the 769 01:15:45,720 --> 01:15:47,620 reasons and the information that they provided. 770 01:15:48,620 --> 01:15:52,640 As well as looking at the searches that we've done internally in making sure that they comply 771 01:15:52,640 --> 01:15:53,980 with all of our policies. 772 01:15:55,720 --> 01:16:01,380 Yeah, I just want to share that's a formal auditing process, but we have three administrators 773 01:16:01,380 --> 01:16:06,140 that have access to changing the features in the flux system, the ALPR system. 774 01:16:06,980 --> 01:16:11,320 Those users are in the system on a regular basis, whether it's every day or every other 775 01:16:11,320 --> 01:16:13,480 day, certainly during the business week. 776 01:16:13,820 --> 01:16:17,860 That's how we caught that one issue that we have that we located where we had a term that 777 01:16:17,860 --> 01:16:20,820 we weren't sure about, and then we were able to chase down, so it's not like we're waiting 778 01:16:20,820 --> 01:16:23,460 until the end of a six-month period and then looking back, 779 01:16:23,720 --> 01:16:26,220 we're in that system regularly, doing that in formal auditing, 780 01:16:26,360 --> 01:16:28,540 looking for irregularities, looking for connectivity issues, 781 01:16:28,540 --> 01:16:30,380 and things like that. 782 01:16:30,780 --> 01:16:32,000 Thanks so much for identifying that. 783 01:16:32,280 --> 01:16:33,700 And the last question, I'm sorry. 784 01:16:33,720 --> 01:16:35,300 I think somebody may have already asked about this, 785 01:16:35,400 --> 01:16:36,580 but I wanted to get it clear. 786 01:16:36,620 --> 01:16:37,780 And actually, maybe we're a soccer representative 787 01:16:37,780 --> 01:16:40,480 who can comment on this as well. 788 01:16:40,640 --> 01:16:44,340 It has to do with the facial recognition for the video cameras, 789 01:16:44,500 --> 01:16:47,220 which is, I understand there's machine learning 790 01:16:47,220 --> 01:16:49,060 for recognizing the images of cars. 791 01:16:49,060 --> 01:16:51,060 But I think there's a lot of concern about facial recognition. 792 01:16:52,880 --> 01:16:55,440 So can you clarify if we use facial recognition 793 01:16:55,440 --> 01:16:58,040 if what it says in the contract, 794 01:16:58,300 --> 01:17:01,740 and then I've also interested in sort of the technical ways 795 01:17:01,740 --> 01:17:04,120 of managing whether that's on and off? 796 01:17:04,300 --> 01:17:04,400 Sure. 797 01:17:05,400 --> 01:17:08,240 By policy, we do not allow facial recognition technologies. 798 01:17:09,240 --> 01:17:11,620 And then if what can you explain how that's achieved? 799 01:17:12,600 --> 01:17:14,020 Flock does not have facial recognition. 800 01:17:14,480 --> 01:17:14,880 Don't have it. 801 01:17:14,900 --> 01:17:16,820 So it can't even be turned on or off. 802 01:17:16,820 --> 01:17:20,980 It does have individual recognition because there are some of these cameras. 803 01:17:21,840 --> 01:17:22,160 What does that mean? 804 01:17:22,300 --> 01:17:27,720 So if a, if a goose were to fly in front of a camera, 805 01:17:27,900 --> 01:17:32,260 we wouldn't want your law enforcement to constantly be getting alerts about, 806 01:17:32,260 --> 01:17:34,600 you know, a goose flying in front of a camera. 807 01:17:35,100 --> 01:17:36,700 So some of our panels zoom cameras. 808 01:17:37,060 --> 01:17:39,500 They do can identify that there is a person there. 809 01:17:40,220 --> 01:17:43,980 So or they can look for, you know, you can look for a yellow shirt. 810 01:17:44,520 --> 01:17:45,880 But there is no facial recognition. 811 01:17:49,460 --> 01:17:58,880 Okay, that's helpful. Can you say a little bit when you say yellow shirt like that does sound like it's describing some aspects of the person? Can you say a little more about where is that line cut off? 812 01:17:59,120 --> 01:18:14,200 Yeah, so there I mean put it frankly there is no facial recognition. There is none. There is individual there is the ability to recognize that there is a person in front of a camera. So if you are looking for a suspect with a yellow shirt, these these searches do not base on gender or race. 813 01:18:14,200 --> 01:18:19,020 They are on characteristics, such as, is there someone wearing a hat? 814 01:18:19,340 --> 01:18:21,140 Is there someone wearing a yellow shirt? 815 01:18:21,680 --> 01:18:25,440 So that is what is able to be detected, but there is no facial recognition. 816 01:18:26,240 --> 01:18:29,500 Okay, so it's focused to make it incredibly trying to understand you. 817 01:18:29,900 --> 01:18:36,960 So, would it be fair to say you can ask for descriptions of color and items of clothing, 818 01:18:37,440 --> 01:18:39,200 but nothing more specific than that? 819 01:18:39,280 --> 01:18:42,820 Correct. You can not ask for a gender, a race, or a protected characteristics. 820 01:18:42,820 --> 01:18:49,260 Okay, or, well, shhh, that's different than what I said. 821 01:18:49,360 --> 01:18:56,620 What I said is, is the limit of the search terms, is it limited to things like color and 822 01:18:56,620 --> 01:18:57,260 clothing items? 823 01:18:58,460 --> 01:18:59,000 That's it. 824 01:18:59,560 --> 01:18:59,880 Okay. 825 01:19:00,360 --> 01:19:00,520 All right. 826 01:19:00,520 --> 01:19:05,900 And that's just to confirm that's, we are version of the system has that capability, or will, 827 01:19:06,000 --> 01:19:08,380 I guess we don't have this yet, but is that right? 828 01:19:08,740 --> 01:19:10,260 Or do we have this turned off also? 829 01:19:11,160 --> 01:19:11,300 Yes. 830 01:19:11,300 --> 01:19:16,220 we don't have that feature on the current cameras that we run nor do we turn that feature on. 831 01:19:16,800 --> 01:19:21,820 So the question comes up about let's say a new camera exists next week, right, or next year, 832 01:19:22,200 --> 01:19:27,840 and it has that capability, but we don't turn those features on, right? So that's how we, 833 01:19:27,900 --> 01:19:34,720 we're guided by our use policy and so technology moves past what we originally acquired 834 01:19:35,620 --> 01:19:40,840 and a capability exists on a technology now. We don't we will either turn that function off 835 01:19:40,840 --> 01:19:47,060 Right? Or if there was no way to turn it off and it was going to be a part of what would be our routine thing we would see? 836 01:19:47,280 --> 01:19:51,720 Then we would come back to council and say, hey, this thing that we have now has this extra feature. 837 01:19:52,420 --> 01:19:56,640 Do you want us to stay using this technology and expand it or do we need to look for a new vendor? 838 01:19:58,340 --> 01:19:59,240 Okay, but 839 01:20:01,380 --> 01:20:25,700 So, we're talking, you have with these policy for the Pentel Zoom cameras we have now, and, of course, right now we're discussing whether we're going to be acquiring these flock cameras. So, I guess my question is if we were to get these flock cameras that have this ability for to search for, you know, basic descriptions of people would, would that, that would not be allowed under these policy if we acquired these cameras? Is that what I'm understanding? 840 01:20:27,020 --> 01:20:35,700 We would be able to use a feature that allowed us to say in this footage right here, can you find us a suspect that was wearing a yellow shirt? 841 01:20:36,260 --> 01:20:42,140 We would not have, and we would not use, even if it was available any kind of facial recognition or... 842 01:20:42,380 --> 01:20:42,700 Okay. 843 01:20:43,060 --> 01:20:43,420 Thank you. 844 01:20:43,440 --> 01:20:44,360 And I appreciate that clarity. 845 01:20:45,780 --> 01:20:46,740 Those are my questions. 846 01:20:47,040 --> 01:20:47,280 Thanks again for coming. 847 01:20:47,280 --> 01:20:47,920 Thank you. 848 01:20:47,980 --> 01:20:49,920 Moving back to your council member, Lynn Appara. 849 01:20:51,400 --> 01:20:51,880 Thank you. 850 01:20:52,800 --> 01:20:53,700 I have a... 851 01:20:53,700 --> 01:21:00,700 some more questions. I have some questions for Fox representative. Can you speak to Fox 852 01:21:00,700 --> 01:21:06,460 Safety's obligation to their investors? I'm specifically interested in Fox biggest investor 853 01:21:06,460 --> 01:21:12,460 and the firms and founders. I mean, she's going to let her get her question out and its founders 854 01:21:12,460 --> 01:21:18,000 anti-immigrant anti-DI and pro-Trump views and support of surveillance regulation. How that may 855 01:21:18,000 --> 01:21:19,780 influence Fox practices and obligations. 856 01:21:26,730 --> 01:21:29,150 Is there a specific investor that you're referring 857 01:21:29,150 --> 01:21:35,290 to, it's a, we have, we have a number of investors, more curious about how, how 858 01:21:35,290 --> 01:21:40,370 Flock safety engages with, it's investors into what extent the views of the investors 859 01:21:40,370 --> 01:21:42,590 is going to affect how the company operates. 860 01:21:42,890 --> 01:21:48,270 The company operates within the law, and that's, that's the most important aspect. 861 01:21:49,330 --> 01:21:56,550 Just like folks, just as hearing California, where we have SB 34, we have fully shut off 862 01:21:56,550 --> 01:22:02,990 any sharing or disabled, any sharing outside of the state or with federal agencies, that we 863 01:22:02,990 --> 01:22:07,970 are guided by the laws of the country of the state and of the localities that we work. 864 01:22:08,550 --> 01:22:11,450 Those are the people we answer to are the legislators. 865 01:22:12,610 --> 01:22:12,970 You. 866 01:22:13,830 --> 01:22:14,190 Yeah. 867 01:22:14,610 --> 01:22:14,830 Oh, no. 868 01:22:14,850 --> 01:22:18,170 I was just going to say, I don't think that she was asking whether or not 869 01:22:18,170 --> 01:22:20,110 flock operates within the law. 870 01:22:20,250 --> 01:22:23,930 She's asking you about how you interact with your investors. 871 01:22:24,290 --> 01:22:25,370 So could you speak to that, please? 872 01:22:25,370 --> 01:22:31,970 We interact with our investor similarly to any company. We have board meetings where we provide earnings reports. 873 01:22:33,070 --> 01:22:38,090 So that is how we engage with our investors, same as any other company. 874 01:22:40,270 --> 01:22:48,230 Okay. There are federal and state and local laws that don't necessarily align. 875 01:22:49,330 --> 01:22:53,650 And that have conflicting perspectives on the law. So how does it take that into consideration? 876 01:22:53,650 --> 01:22:58,030 Thank you so much for asking that question because I think California is the precise example 877 01:22:58,030 --> 01:22:58,810 of that. 878 01:22:59,030 --> 01:23:04,650 Where California has a very explicit law with SB 34 that this state prohibits the sharing 879 01:23:04,650 --> 01:23:08,830 of license plate reader data outside of the state so we have prevented that from happening. 880 01:23:09,130 --> 01:23:14,190 We are additionally providing groundbreaking industry leading, again, I want to say industry 881 01:23:14,190 --> 01:23:18,770 leading because no other license plate reader provider has implemented the additional changes 882 01:23:18,770 --> 01:23:23,950 above and beyond what we have, which allows cities and states to be able to choose who they 883 01:23:23,950 --> 01:23:29,010 share with and how they share with, including, again, if there is a sanctuary state law. 884 01:23:29,370 --> 01:23:34,610 If there are limits on data sharing regarding reproductive health information, we have put 885 01:23:34,610 --> 01:23:40,470 in groundbreaking, in many cases, not even required by a law, guardrails to make sure that 886 01:23:40,470 --> 01:23:43,510 community values do not have to come at the expense of community safety. 887 01:23:43,890 --> 01:23:45,930 And what's happened here in California is exactly that. 888 01:23:46,090 --> 01:23:47,610 We have completely shut it off. 889 01:23:47,610 --> 01:23:54,430 So that no city in California is able to share with the federal authorities or with any state or entity outside the state of California. 890 01:23:57,330 --> 01:24:08,790 Okay. Well, I'm that that I'm honestly not satisfied by that given that flock already has violated or allowed cities to violate state law. 891 01:24:08,790 --> 01:24:17,470 So my next question is, is similar to Councilmember Traygub's question around violations 892 01:24:17,470 --> 01:24:18,770 and fines for violations? 893 01:24:19,250 --> 01:24:24,790 How sure are you the city of Berkeley data privacy will not be violated and how much money 894 01:24:24,790 --> 01:24:27,170 do you think the city should be awarded if it is violated? 895 01:24:27,970 --> 01:24:34,170 Similar to Councilmember Traygub's question, I think that we have a couple of numbers that 896 01:24:34,170 --> 01:24:40,710 out there. As was mentioned, we have an agreement with City of Oakland that's $200,000. 897 01:24:41,890 --> 01:24:49,210 So again, I would just provide to you all. You are the legislators. You are the City Council 898 01:24:49,770 --> 01:24:55,630 to have that conversation about what is what you view as necessary. 899 01:25:02,700 --> 01:25:13,480 So, those are outlined in the contract, as well as under state law. So, that would be a violation of sharing that flock is responsible for that goes against the... 900 01:25:13,480 --> 01:25:24,200 Yeah, I guess I'm asking if there is a violation of the contract that ends up with multiple people being affected. 901 01:25:24,200 --> 01:25:30,480 Is each individual person being affected? Is that each individual instance of isolation? 902 01:25:31,340 --> 01:25:32,660 Are they all one violation? 903 01:25:33,260 --> 01:25:38,820 I will yield to your city attorney on that, specifically when it comes to the legal interpretation of the contract. 904 01:25:39,060 --> 01:25:42,520 I understand I'm curious what flux interpretation is. 905 01:25:43,060 --> 01:25:47,140 Again, I would yield to your city attorney because I know our attorneys have been talking with your attorneys, 906 01:25:47,240 --> 01:25:51,700 and I feel that that would be a question that's better answered by the attorney. 907 01:25:51,700 --> 01:25:53,940 So you're not willing to answer? 908 01:25:54,740 --> 01:25:57,060 I would prefer that you're a city attorney answer that question. 909 01:25:58,360 --> 01:25:59,080 Thank you. 910 01:25:59,180 --> 01:26:00,720 Those are my questions. 911 01:26:01,680 --> 01:26:01,800 Okay. 912 01:26:02,000 --> 01:26:02,520 Council Member Biology. 913 01:26:02,580 --> 01:26:03,540 Did you have follow up questions? 914 01:26:03,900 --> 01:26:04,120 Oh, yeah. 915 01:26:04,220 --> 01:26:04,560 Thank you. 916 01:26:04,760 --> 01:26:05,040 Thank you. 917 01:26:05,100 --> 01:26:05,380 Thank you, Madam Mayor. 918 01:26:05,500 --> 01:26:07,740 Thank you, Mr. Flock. 919 01:26:07,880 --> 01:26:08,020 Sorry. 920 01:26:09,100 --> 01:26:09,320 Sorry. 921 01:26:09,880 --> 01:26:10,020 Mr. Flock. 922 01:26:11,240 --> 01:26:12,020 Mr. Apple. 923 01:26:12,540 --> 01:26:12,660 Thank you. 924 01:26:12,860 --> 01:26:13,260 Mr. Apple. 925 01:26:14,300 --> 01:26:15,260 Meet the Flockers. 926 01:26:15,540 --> 01:26:15,900 I think it's a movie. 927 01:26:17,280 --> 01:26:19,260 So now that you're here, I was going to ask you quickly. 928 01:26:19,260 --> 01:26:25,420 And I think this comes up a lot in conversation, the Foreign Intelligence Service surveillance 929 01:26:25,420 --> 01:26:25,800 act. 930 01:26:25,800 --> 01:26:29,740 TV, yes, warrants or other sort of secret federal directives. 931 01:26:30,600 --> 01:26:33,260 What's that process like for an hour situation? 932 01:26:34,340 --> 01:26:37,980 So the Pfizer warrants are the same for any company everywhere. 933 01:26:38,040 --> 01:26:46,480 These are typically confidential warrants that I personally do not have any knowledge of. 934 01:26:46,480 --> 01:26:52,220 what I can say in what many experts in the field have said is, if someone, if there was 935 01:26:52,220 --> 01:26:57,980 something of importance of a Pfizer warrant, is an exceptional warrant. If it goes significant 936 01:26:57,980 --> 01:27:02,500 process. If someone is going through or if someone in the government is going through the process 937 01:27:02,500 --> 01:27:09,600 to acquire a Pfizer warrant for something, a point in time, image of a vehicle that is potentially 938 01:27:09,600 --> 01:27:15,700 30 days old is not likely the most effective use of a situation like that. Obviously, I can't 939 01:27:15,700 --> 01:27:20,740 to every situation, but it's more likely that it would be used on a phone, on a laptop, 940 01:27:21,200 --> 01:27:26,500 on something that someone carries with them all the time, not a 30-day old picture of a 941 01:27:26,500 --> 01:27:33,020 point in time of a particular vehicle. Okay. All right. And then, so regarding the third party 942 01:27:33,020 --> 01:27:39,620 platforms involved in the Flock ecosystem, you know, what are the steps you can, you can describe 943 01:27:39,620 --> 01:27:44,560 to take care of our data, so there's no data leakage from one of your partners. 944 01:27:45,760 --> 01:27:46,620 What do you say partners? 945 01:27:48,040 --> 01:27:51,760 Well, let's see about the Amazon Web servers and the servers, the camera companies, 946 01:27:52,500 --> 01:27:58,960 the transport companies, there's a whole host of application providers that make 947 01:27:58,960 --> 01:28:01,660 a, you know, any product flow, including yours. 948 01:28:02,420 --> 01:28:07,480 Some curious, just, you know, how do you maintain operational security with these players? 949 01:28:07,480 --> 01:28:13,120 Absolutely. So we make all our own cameras. These are not, we don't, you know, buy from a Nokia 950 01:28:13,120 --> 01:28:21,580 factory or a camera factory. We make all of our cameras in-house in addition to our software, 951 01:28:21,900 --> 01:28:27,140 all of it is in-house. We do use Amazon web servers. We have a robust data security mechanism 952 01:28:27,140 --> 01:28:32,860 including our new chief of information security officers. We have a new partnership that does 953 01:28:32,860 --> 01:28:35,080 kind of trade of testing on our servers. 954 01:28:35,400 --> 01:28:38,360 We have SOC to type 2 ISO 271. 955 01:28:39,020 --> 01:28:42,160 We go above and beyond to make sure that the data, 956 01:28:42,560 --> 01:28:48,460 that we are protecting, it stays protected. 957 01:28:49,100 --> 01:28:52,060 And that includes regular audits, independent audits, 958 01:28:52,160 --> 01:28:53,800 which we make available on our trust website 959 01:28:53,800 --> 01:28:55,520 for all of our customers to download. 960 01:28:56,580 --> 01:29:00,100 And to we update regularly, most of them are annual, 961 01:29:00,100 --> 01:29:02,360 some of them are more than annual. 962 01:29:02,360 --> 01:29:04,580 but it's something we take extremely seriously. 963 01:29:05,960 --> 01:29:06,840 Thank you. 964 01:29:06,940 --> 01:29:07,440 Thank you. 965 01:29:07,600 --> 01:29:10,460 So at this time, if there are no more questions, I'd like to move as 966 01:29:10,460 --> 01:29:11,460 on to public comment. 967 01:29:13,080 --> 01:29:17,320 There is significant number of people in this room, and there are some folks 968 01:29:17,320 --> 01:29:21,980 online as well, but we will be limiting public comment to three 969 01:29:21,980 --> 01:29:22,460 hours. 970 01:29:22,960 --> 01:29:26,240 That will be two hours in person and one hour online. 971 01:29:27,060 --> 01:29:30,120 So I would ask that if you have public comment on this item, 972 01:29:30,120 --> 01:29:34,940 if you could please come forward and and a reminder to folks if you didn't hear me say earlier 973 01:30:00,000 --> 01:30:29,240 Also, give your minute of time to folks, could you please be quiet while I'm giving the review, so that folks can hear. Thank you. So, as usual, you can give a minute of your time to another individual. Only one time and one person can speak for up to four minutes. So that means three people would be giving them a minute of their time. I ask that you please try and organize that ahead of time, so that we're not trying to figure out who's giving you the minute in the time. 974 01:30:29,240 --> 01:30:31,600 because it eats away from the comet period. 975 01:30:32,340 --> 01:30:33,060 So, yes. 976 01:30:33,540 --> 01:30:34,380 Did you? 977 01:30:34,560 --> 01:30:35,620 Why is there a room spell? 978 01:30:37,060 --> 01:30:37,840 Sorry, yes. 979 01:30:38,120 --> 01:30:41,280 So, I would like to make a motion to expand the rules 980 01:30:41,280 --> 01:30:43,400 and limit the comet period to three hours. 981 01:30:43,720 --> 01:30:45,340 And a second from Councilor Matriga. 982 01:30:46,240 --> 01:30:46,360 OK. 983 01:30:46,580 --> 01:30:47,560 Well, question question. 984 01:30:47,960 --> 01:30:49,060 Is there a mechanism? 985 01:30:49,260 --> 01:30:51,680 Do you want to, is it all in person first 986 01:30:51,680 --> 01:30:52,360 and then online? 987 01:30:52,740 --> 01:30:56,960 It will be, yeah, I was saying, so two hours in person, one hour online. 988 01:30:57,060 --> 01:30:58,620 Is there any interest in doing any alternating? 989 01:30:58,620 --> 01:30:59,740 I think that's the only other thing. 990 01:30:59,760 --> 01:31:01,440 Is anyone interested in altering? 991 01:31:02,220 --> 01:31:02,400 I don't. 992 01:31:02,400 --> 01:31:03,000 I don't know. 993 01:31:03,920 --> 01:31:05,920 I'm willing to go to your discretion within. 994 01:31:06,580 --> 01:31:06,620 Yeah. 995 01:31:06,620 --> 01:31:06,960 Yeah, I want to go. 996 01:31:07,660 --> 01:31:07,760 Sorry. 997 01:31:08,640 --> 01:31:08,980 Go ahead. 998 01:31:09,080 --> 01:31:09,800 Can we take the roll, please? 999 01:31:10,040 --> 01:31:13,200 On the most short-art, you need public comment procedures. 1000 01:31:13,680 --> 01:31:14,900 Councilmember Kester Wani. 1001 01:31:15,020 --> 01:31:15,480 Yes. 1002 01:31:16,060 --> 01:31:16,560 Kapplin. 1003 01:31:18,140 --> 01:31:18,740 Bartlett. 1004 01:31:19,080 --> 01:31:19,300 Yes. 1005 01:31:19,720 --> 01:31:20,120 Tragot. 1006 01:31:21,620 --> 01:31:24,380 Councilmember O'Keef is currently absent. 1007 01:31:25,340 --> 01:31:25,720 Black V. 1008 01:31:26,540 --> 01:31:26,980 Luna Para. 1009 01:31:27,660 --> 01:31:27,980 Yes. 1010 01:31:28,560 --> 01:31:32,160 Yes, Humber, yes, and Mary, yes. 1011 01:31:32,580 --> 01:31:33,280 Okay, motion carries. 1012 01:31:33,680 --> 01:31:34,500 Okay, thank you. 1013 01:31:34,660 --> 01:31:36,140 Please come on up. 1014 01:31:36,620 --> 01:31:38,020 Okay, so it's 640. 1015 01:31:42,240 --> 01:31:43,320 Good evening to everyone. 1016 01:31:43,360 --> 01:31:44,560 My name is Brenda Grisham. 1017 01:31:44,980 --> 01:31:47,180 And I just had to make one statement. 1018 01:31:47,400 --> 01:31:48,640 This is my second time here. 1019 01:31:49,100 --> 01:31:51,500 And I have never heard anybody ask, 1020 01:31:52,360 --> 01:31:53,840 How many lives have flocks saved? 1021 01:31:54,160 --> 01:31:56,100 How many girls have they stopped from being traffic? 1022 01:31:56,420 --> 01:31:59,300 How many businesses they have recovered their property? 1023 01:31:59,640 --> 01:32:00,860 Haven't heard any of that? 1024 01:32:00,860 --> 01:32:06,480 We all care about the immigrants, but there are residents here that want safety. 1025 01:32:07,240 --> 01:32:10,620 And we want you guys to take that account, my daughter and my grandchildren live here. 1026 01:32:10,780 --> 01:32:15,000 And I want to be sure that their lives and the things that go on with them is important. 1027 01:32:15,280 --> 01:32:19,280 My son was murdered in Oakland. His cases are solved and I guarantee you. 1028 01:32:19,280 --> 01:32:24,440 I'm fighting for flat cameras in any city I can. Thank you. 1029 01:32:24,540 --> 01:32:26,580 Thank you. Come on up. 1030 01:32:35,030 --> 01:32:36,850 My name is Veter Nika Fuxen. 1031 01:32:36,850 --> 01:32:41,150 I want to thank all of you for the questions you've asked. 1032 01:32:41,690 --> 01:32:46,810 I think all of you mean well, you care about all of us in this community, you're committed 1033 01:32:46,810 --> 01:32:47,810 to this community. 1034 01:32:48,510 --> 01:32:55,190 I think, however, it's naive to be listening to what has been said to you and think that 1035 01:32:55,190 --> 01:33:00,370 cities have canceled because there's no, there's no good reason. 1036 01:33:00,810 --> 01:33:03,550 Cities have canceled, El Salvador last night. 1037 01:33:03,550 --> 01:33:10,970 The last thing I want to say, the very last thing I want to say is that flock needs 1038 01:33:10,970 --> 01:33:13,550 Berkeley, more than Berkeley needs flock. 1039 01:33:16,770 --> 01:33:27,270 flock needs Berkeley, a sanctuary city, as a poster boy, for a community that people 1040 01:33:27,270 --> 01:33:32,830 care about their population, to do business with this company. 1041 01:33:38,850 --> 01:33:44,610 If you don't want to be in that investment, thank you. 1042 01:33:44,750 --> 01:33:46,190 Come on, then, then, come on up. 1043 01:33:50,960 --> 01:33:51,700 Good evening, Council. 1044 01:33:51,940 --> 01:33:54,580 My name is Linda Livenbaum and I'm reading a statement from 1045 01:33:54,580 --> 01:33:57,480 Friends of Adeline, which with everyone from Friends of 1046 01:33:57,480 --> 01:33:59,900 Adeline, please stand or wave. 1047 01:34:00,760 --> 01:34:01,500 Thank you. 1048 01:34:02,340 --> 01:34:05,040 Friends of Adeline, strongly opposed is the Berkeley Police 1049 01:34:05,040 --> 01:34:09,180 Department's proposed expansion of its flocks surveillance camera network. 1050 01:34:09,840 --> 01:34:14,860 This proposal represents the largest expansion of surveillance infrastructure in the city's 1051 01:34:14,860 --> 01:34:20,000 history and directly undermines a Berkeley's long standing commitment to being a sanctuary 1052 01:34:20,000 --> 01:34:20,880 city. 1053 01:34:21,600 --> 01:34:26,820 Approving this contract moves Berkeley toward a more militarized model of policing with serious 1054 01:34:26,820 --> 01:34:32,340 and disproportionate consequences for the people of our black, brown, and immigrant communities. 1055 01:35:00,240 --> 01:35:06,980 Fox track record raises significant concerns despite what we've heard tonight. It is well documented that this company 1056 01:35:06,980 --> 01:35:11,040 shares that with federal law enforcement aid. Thank you. Thank you. Thank you, Linda. 1057 01:35:27,890 --> 01:35:29,390 Hello, my name is Sally Nelson. 1058 01:35:31,720 --> 01:35:32,280 You are right 1059 01:35:32,280 --> 01:35:40,200 to be concerned about providing safety for all of Berkeley. The reason announcement by the ACLU reveals 1060 01:35:40,200 --> 01:35:46,940 at Flock, now claims that all data gathered by its surveillance belongs to Flock, and not to 1061 01:35:46,940 --> 01:35:47,880 this city of Berkeley. 1062 01:35:48,980 --> 01:35:55,180 Flock may then share that data with any agency or person of its choosing, including ice 1063 01:35:55,700 --> 01:35:57,100 and the CBP. 1064 01:35:57,720 --> 01:36:03,800 This makes all of us less safe, whether we are people of color or undocumented immigrants, 1065 01:36:04,320 --> 01:36:09,360 naturalized citizens, or citizens by birth, whose beliefs may be too progressive for 1066 01:36:10,480 --> 01:36:15,680 opinions we are all at risk for being detained, imprisoned, or subjected to violence. 1067 01:36:16,520 --> 01:36:21,020 We all want Berkeley to be more safe and the contract with Flock. 1068 01:36:21,520 --> 01:36:26,920 The safety of your constituents depends upon your voting, no, 1069 01:36:27,180 --> 01:36:29,300 on having any contract with Flock. 1070 01:36:29,300 --> 01:36:29,620 Thank you. 1071 01:36:30,080 --> 01:36:30,900 Thanks for coming. 1072 01:36:32,380 --> 01:36:32,980 Thank you. 1073 01:36:42,070 --> 01:36:42,410 Hello. 1074 01:36:43,950 --> 01:36:46,470 I'm Dr. Jane Scanelberry from the... 1075 01:36:46,470 --> 01:36:48,090 If you could speak into the mic, please. 1076 01:36:48,350 --> 01:36:50,490 Jane Scanelberry from the Commission on Labor. 1077 01:36:51,470 --> 01:36:53,610 And in a meeting recently, 1078 01:36:53,890 --> 01:37:00,550 we unanimously, unanimously voted to urge the city to suspend its contract with Flock 1079 01:37:00,550 --> 01:37:03,510 and to halt any further expansion of the program. 1080 01:37:04,530 --> 01:37:09,890 Because due to the company's well-documented use of overseas sweatshot labor, 1081 01:37:09,890 --> 01:37:12,410 These are some examples from the letter. 1082 01:37:13,150 --> 01:37:17,430 In 2001, first of all, just about the sweatshop procurement ordinance. 1083 01:37:17,650 --> 01:37:23,590 In 2009, the Berkeley City Council passed the sweatshop free procurement ordinance. 1084 01:37:24,850 --> 01:37:29,510 While the ordinance is specific to the procurement of a peril, 1085 01:37:29,710 --> 01:37:34,610 the wording is an expression of the Berkeley's fundamental values as a municipality. 1086 01:37:34,610 --> 01:37:39,850 the city of Berkeley, and this is from the the ordinance. 1087 01:37:40,230 --> 01:37:43,650 The city of Berkeley recognizes a public interest in avoiding payments, 1088 01:37:44,090 --> 01:37:46,790 to vendors who maintain sweatshop words. 1089 01:37:46,990 --> 01:37:48,330 This person is giving me a minute, too. 1090 01:37:48,590 --> 01:37:49,750 Thank you. 1091 01:37:50,250 --> 01:37:56,210 Including below substance wages, excessive long working, working hours, et cetera. 1092 01:37:59,190 --> 01:38:02,370 As documented in both international media and academic studies, 1093 01:38:02,370 --> 01:38:07,470 flock outstores as much of its work to low-paid gig workers in the Philippines. 1094 01:38:08,110 --> 01:38:14,210 These contractors do data annotations often refer to its crowdwork in which workers 1095 01:38:14,210 --> 01:38:21,470 view thousands of hours of video annotating the data to help train the AI algorithms. 1096 01:38:22,230 --> 01:38:27,190 This is low-wage monotonous yet high-pressure work and the workers doing this analysis 1097 01:38:28,150 --> 01:38:36,630 Our exposed to substandard labor conditions, including extremely low rates of pay and lack of labor rights and protections. 1098 01:38:37,390 --> 01:38:43,050 To outsource much of its data analysis to low paid workers in the global south companies like Flock, 1099 01:38:43,370 --> 01:38:49,110 can maximize their own profits by evading US minimum wage and working condition protections. 1100 01:38:49,510 --> 01:38:50,270 Thank you. 1101 01:39:03,310 --> 01:39:04,410 My name is Martino. 1102 01:39:05,760 --> 01:39:17,580 I know that some of you will be voting against this contract extension, but that most of you will probably vote for it. 1103 01:39:17,960 --> 01:39:28,800 And I want to say that what that means is you are standing in opposition to the momentum of other cities in this area that are voting it down. 1104 01:39:28,800 --> 01:39:43,900 And they do are standing against the tendency in history to get rid of this kind of social whatever it is. 1105 01:39:44,460 --> 01:39:49,100 And that you are, well, 1106 01:39:51,990 --> 01:39:54,950 you are standing in the way of history. 1107 01:39:55,590 --> 01:39:59,970 And I want to say to you that if you are going to vote for this 1108 01:40:00,000 --> 01:40:06,200 Rep. Patent, their own patent that they filed to the U.S. patent office clearly states that their 1109 01:40:06,200 --> 01:40:11,560 technology is capable of categorizing people based on height and weight, race and gender, clothes 1110 01:40:11,560 --> 01:40:18,100 and accessories worn, and animals and bicycles and cars, which is how they might advertise themselves. 1111 01:40:18,840 --> 01:40:25,420 Furthermore, there's 2021 DHS policy actually requires that all ALPR vendors, including flock, 1112 01:40:25,420 --> 01:40:31,700 not leave a trail of ice in any audit logs except in audit logs made available only two 1113 01:40:31,700 --> 01:40:36,400 ice. So when you go and do an audit and you don't find ice in there, that's a false negative. 1114 01:40:37,040 --> 01:40:43,220 Furthermore, in your Insection 4 of your contract, there's a worldwide right's clause. 1115 01:40:43,600 --> 01:40:47,260 And like my ally alluded to earlier, the reason why it's there is because they share, 1116 01:40:47,420 --> 01:40:54,160 they send the data overseas so that Filipino gig workers can analyze it for the training of the AI system. 1117 01:40:54,160 --> 01:41:00,480 Also, another lie that he said was that no more California agencies are sharing data nationally. 1118 01:41:00,960 --> 01:41:01,780 That is not true. 1119 01:41:02,180 --> 01:41:07,820 Alcohol is very much still sharing data nationally, and they're actually countersuing the 1120 01:41:07,820 --> 01:41:11,160 state of California because they want to keep sharing nationally. 1121 01:41:11,800 --> 01:41:17,860 And if you guys want an anecdote on how Border Patrol has used this technology, an elementary 1122 01:41:17,860 --> 01:41:23,820 school teacher in the Mademard Martinez was tracked and hunted down using flock cameras 1123 01:41:23,820 --> 01:41:29,560 for over two weeks. They shot her five times and then bragged about it with each other 1124 01:41:29,560 --> 01:41:34,880 over text messages saying that they shot her five times and she had seven bullet holes 1125 01:41:34,880 --> 01:41:40,080 put that in your bookboys. Why do we have to wait for someone in our community to be harmed by 1126 01:41:40,080 --> 01:41:45,060 this technology to get rid of it? We should just get rid of it. Please vote no one flock. 1127 01:41:54,530 --> 01:42:01,570 This is a city of Berkeley really going to pass a mega plan to create a surveillance city. 1128 01:42:01,910 --> 01:42:03,530 That's what we're really asking here today. 1129 01:42:04,990 --> 01:42:06,250 I want to read a quote from Edwards, 1130 01:42:06,430 --> 01:42:10,250 No system of mass surveillance has existed in a society 1131 01:42:10,250 --> 01:42:14,090 that we know of to this point that has not been abused. 1132 01:42:14,750 --> 01:42:16,530 And so we can expect that kind of thing. 1133 01:42:16,750 --> 01:42:18,810 And when the police say this is going to save us money, 1134 01:42:19,270 --> 01:42:22,550 how many police officers are going to get laid off so that we can pay for this project? 1135 01:42:22,550 --> 01:42:27,590 you know, not are getting laid out. So it's time to save us any money. And those who would give up 1136 01:42:27,590 --> 01:42:33,330 essential liberty to purchase a little temporary safety, deserve neither liberty nor safety. 1137 01:42:33,550 --> 01:42:38,730 That's been Franklin. So we should think about that. This is big brother here in the latest 1138 01:42:38,730 --> 01:42:50,790 expansion of the surrealist state. This is an investor driven plan, much like the expansion of the 1139 01:42:50,790 --> 01:42:56,030 Let's shut down free speech, so when you guys vote for this, you're shutting down free speech 1140 01:42:56,030 --> 01:42:58,550 because this is going to be a surveillance system on all of us. 1141 01:42:58,750 --> 01:43:00,130 Thank you. 1142 01:43:05,840 --> 01:43:06,260 Hello. 1143 01:43:07,240 --> 01:43:11,640 My name is Johnny Cocher, and I'm a member of Bay Area G's regesis, and I'm here today to 1144 01:43:11,640 --> 01:43:25,220 reject the proposal to urge you to reject the proposal to use for 1145 01:43:25,220 --> 01:43:31,980 through Fox Sharing Network, because of how Fox Architecture works, it connected to all connected 1146 01:43:31,980 --> 01:43:37,100 agencies and function as a drag net touching the camera data of nearly every California law enforcement 1147 01:43:37,100 --> 01:43:39,860 of the Fox customer, including communities throughout contra Costa County. 1148 01:43:40,800 --> 01:43:45,340 This is a centralized or well-in drag net surveillance technology that makes our immigrants 1149 01:43:45,340 --> 01:43:46,120 less safe. 1150 01:43:46,660 --> 01:43:49,140 This is a second and it's against our sanctuary city policy. 1151 01:43:49,300 --> 01:43:50,600 I urge you to vote no on this contract. 1152 01:43:51,020 --> 01:43:51,400 Thank you. 1153 01:43:51,540 --> 01:43:52,060 Thank you. 1154 01:43:56,670 --> 01:43:58,950 Good evening, my name is COVID-19, 1155 01:43:59,090 --> 01:44:01,990 I'm a resident of long time resident of District 2, 1156 01:44:02,210 --> 01:44:03,590 and you're only 30 years resident of Berkeley. 1157 01:44:04,850 --> 01:44:08,830 It's heated, and we live in a really polarized world right now, 1158 01:44:08,830 --> 01:44:13,630 and it's really easy for folks to back into their corners and entrench, 1159 01:44:13,870 --> 01:44:17,430 and kind of plug your ears and start, say, you know, 1160 01:44:17,590 --> 01:44:19,330 entrenching in your position, right? 1161 01:44:20,250 --> 01:44:22,870 And I want to, we're not all on the same side, 1162 01:44:22,990 --> 01:44:25,370 we have a real substantive difference of opinion, 1163 01:44:25,370 --> 01:44:27,590 but we are all here because we care about this community. 1164 01:44:28,150 --> 01:44:30,830 We care about each other and we want Berkeley residents 1165 01:44:30,830 --> 01:44:31,850 to be safe. 1166 01:45:00,000 --> 01:45:12,300 To set up this safety versus civil liberties, we deserve, and we can have both. And so, when council member O'Keefe here is so that she doesn't feel 1167 01:45:12,300 --> 01:45:20,360 personally comfortable with certain elements of the drone usage, there's a whole lot of people who aren't comfortable with many parts of that. 1168 01:45:20,380 --> 01:45:22,420 Thank you. Thanks so much. 1169 01:45:29,840 --> 01:45:34,560 I'm Rebecca Canita suspect in the yellow shirt. I live in El Salvador, but I grew up in Berkeley. 1170 01:45:34,560 --> 01:45:39,460 My parents still live here. My partner works here, and I maintain deep connections to this city. 1171 01:45:40,000 --> 01:45:43,460 On Tuesday, the El Serrida City Council voted to end its contract with Flock. 1172 01:45:44,080 --> 01:45:47,740 And here, here are some concerns our council members cited. 1173 01:45:48,200 --> 01:45:51,320 First, their city was initially presented with a new contract which you were told was better. 1174 01:45:51,640 --> 01:45:55,440 But then our police chief recommended we retain the old contract and said, with no reason given. 1175 01:45:55,920 --> 01:45:58,140 Clearly, Flock did not negotiate in good faith. 1176 01:45:58,700 --> 01:46:04,140 Second, we live under an authoritarian federal government. The Supreme Court could change a lot the drop of a hat through the shadow docket 1177 01:46:04,140 --> 01:46:05,740 to compel Flock to show data. 1178 01:46:06,120 --> 01:46:07,660 California law won't protect us either. 1179 01:46:07,860 --> 01:46:09,080 The state is currently being compelled 1180 01:46:09,080 --> 01:46:10,900 to share information about undocumented immigrants 1181 01:46:10,900 --> 01:46:11,940 with driver's licenses. 1182 01:46:12,580 --> 01:46:13,800 If the state can't protect itself, 1183 01:46:14,040 --> 01:46:15,240 how can it protect us? 1184 01:46:15,800 --> 01:46:18,180 Is this political environment a safe time 1185 01:46:18,180 --> 01:46:20,040 to the using experimental mass surveillance? 1186 01:46:20,880 --> 01:46:23,380 Third, flocc only fixes issues after other groups 1187 01:46:23,380 --> 01:46:24,240 call out their failures. 1188 01:46:24,400 --> 01:46:25,880 They do not make proactive fixes. 1189 01:46:26,420 --> 01:46:28,160 Fourth, what claims this product is the cameras, 1190 01:46:28,320 --> 01:46:30,280 but it's actually the mass aggregation of data. 1191 01:46:30,500 --> 01:46:32,160 So you know, cancel the contract. 1192 01:46:32,320 --> 01:46:33,120 Thank you. 1193 01:46:39,970 --> 01:46:43,030 Good evening, my name is Erin. I am a resident of District 3. 1194 01:46:43,290 --> 01:46:52,810 I am angry. I am embarrassed that we even have to be here because our council might prioritize the interest of Frost corporate tech and police brutality over the constituents who voted for you. 1195 01:46:53,090 --> 01:46:58,870 If VPD won't even be honest about basic facts about Frost, we have no reason to trust how and why they'll use it. 1196 01:46:58,870 --> 01:47:04,470 TPAB members resigned citing BPD actively makes her job impossible by obstructing records of BPD's 1197 01:47:04,470 --> 01:47:04,890 conduct. 1198 01:47:05,410 --> 01:47:09,790 Frankly, I don't trust SWOT to be accountable if BPD refuses to be a hold accountable. 1199 01:47:10,790 --> 01:47:14,670 BPD has made a clear that they do not represent Berkeley-Lies and Safety Council members, 1200 01:47:14,910 --> 01:47:18,170 more than a vote for a rock, betrays the people of Berkeley in favor of your own 1201 01:47:18,170 --> 01:47:19,970 comfort of safety that doesn't even exist. 1202 01:47:20,130 --> 01:47:21,230 Thank you. 1203 01:47:21,830 --> 01:47:22,130 Thank you. 1204 01:47:26,990 --> 01:47:29,250 Hi, I'm just going to really honest here. 1205 01:47:29,250 --> 01:47:32,230 I don't think anyone wants to be here tonight. 1206 01:47:33,030 --> 01:47:35,790 We've been doing this for months and months and months. 1207 01:47:36,450 --> 01:47:39,190 So please just do your job and listen to your constituents. 1208 01:47:40,190 --> 01:47:44,350 We have been telling you for months to not vote for this. 1209 01:47:44,890 --> 01:47:48,750 So if you don't do your job, we can always not reelect you. 1210 01:47:48,910 --> 01:47:50,890 If you're not up for reelection, we can recall you. 1211 01:47:50,990 --> 01:47:52,490 So please just do your job. 1212 01:47:53,290 --> 01:47:54,370 Thank you. 1213 01:47:55,290 --> 01:47:55,990 Thank you. 1214 01:48:00,280 --> 01:48:06,100 Hello, my name is Nick in West Side and I'm a small business owner and Berkeley in a long time resident. 1215 01:48:06,940 --> 01:48:13,480 The reality is that militarized policing and surveillance technologies only assist to our slide into fascism. 1216 01:48:14,120 --> 01:48:26,820 As we know, by the plight of the Palestinian people, as in Gaza, the quick murder of educators, organizers and key figures in Gaza 1217 01:48:26,820 --> 01:48:29,560 and core blood within the matter of a few months 1218 01:48:29,560 --> 01:48:32,800 was only possible through surveillance technology. 1219 01:48:34,620 --> 01:48:36,660 He has really fascist government 1220 01:48:36,660 --> 01:48:39,760 operates by exterminating those, 1221 01:48:40,020 --> 01:48:42,640 and what separates us from gozans. 1222 01:48:43,020 --> 01:48:44,780 We are people just like they are. 1223 01:48:45,020 --> 01:48:47,320 And with this slide to fascism that is quickly 1224 01:48:47,320 --> 01:48:50,660 descending upon us, I don't trust any of these surveillance 1225 01:48:50,660 --> 01:48:53,140 technologies, and I don't trust the future 1226 01:48:53,140 --> 01:48:55,060 of a militarized police state. 1227 01:48:55,060 --> 01:48:59,520 I do hope you won't know against this, so I thank you. 1228 01:49:06,540 --> 01:49:09,100 How many people in this room are for flock? 1229 01:49:09,340 --> 01:49:10,280 Who's for flock? 1230 01:49:10,980 --> 01:49:12,440 Who's not for flock? 1231 01:49:18,200 --> 01:49:18,780 All right. 1232 01:49:20,910 --> 01:49:26,470 So we know we have a council member that went to the 47th Ignoration. 1233 01:49:27,330 --> 01:49:31,910 And it seems like y'all are trying to be fascist right here in Berkeley. 1234 01:49:32,650 --> 01:49:34,210 And we're not accepting that. 1235 01:49:34,210 --> 01:49:36,590 We accepting fascism and surveillance. 1236 01:50:00,000 --> 01:50:19,920 First sit on the end here. So the TAV. Otherwise, I don't know, Mr. Flock is lying on what, but he's been called out. So don't believe the hype. No to Flock, say with me, no to Flock. Thank you. 1237 01:50:30,220 --> 01:50:36,640 I think that's all I need. 1238 01:50:36,820 --> 01:50:37,680 Thank you. 1239 01:50:41,360 --> 01:50:42,760 Who raised their hand real quick? 1240 01:50:43,640 --> 01:50:44,640 There's one, two. 1241 01:50:45,360 --> 01:50:45,900 Wait, sorry. 1242 01:50:46,060 --> 01:50:47,520 Are you taking how many minutes? 1243 01:50:47,700 --> 01:50:48,360 Are you taking three? 1244 01:50:48,420 --> 01:50:49,240 I'm just taking three. 1245 01:50:49,520 --> 01:50:50,120 Okay, so sorry. 1246 01:50:50,660 --> 01:50:52,360 One, two, I missed the third person. 1247 01:50:54,240 --> 01:50:55,160 Three total. 1248 01:50:56,380 --> 01:50:56,780 Go ahead. 1249 01:50:58,340 --> 01:50:59,060 Thank you, Mayor. 1250 01:50:59,300 --> 01:51:00,040 And council members. 1251 01:51:00,380 --> 01:51:01,620 Thank you for being council members. 1252 01:51:03,240 --> 01:51:10,840 Thank you, Council members, Bartlett, Traygub, O'Keef, who's in here, and Blockeby and Luna 1253 01:51:10,840 --> 01:51:11,940 Parrot for your testimony. 1254 01:51:12,280 --> 01:51:13,560 I appreciate it. 1255 01:51:13,760 --> 01:51:19,200 This is really about whether Berkeley normalizes a future, where ordinary public life becomes permanently 1256 01:51:19,200 --> 01:51:19,980 searchable. 1257 01:51:20,620 --> 01:51:24,580 We're told that these systems are narrow, temporary, and only for serious crime. 1258 01:51:25,000 --> 01:51:28,260 But history shows us the same pattern again and again. 1259 01:51:28,260 --> 01:51:34,120 Today's exception becomes tomorrow standard, and meanwhile, the underlying conditions 1260 01:51:34,120 --> 01:51:39,240 people are actually struggling with remain unsolved, surveillance doesn't lower rent, 1261 01:51:39,700 --> 01:51:44,920 it does not house people, it does not fix inequality, it does not rebuild trust in public 1262 01:51:44,920 --> 01:51:45,780 institutions. 1263 01:51:47,380 --> 01:51:51,160 Thank you, technology is not a substitute for good governance. 1264 01:51:52,380 --> 01:51:58,160 What it does do is expand systems of monitoring over ordinary civic life, and when cameras 1265 01:51:58,160 --> 01:52:02,600 are placed on telegraph, vancroft, and Durant in District 7. 1266 01:52:03,080 --> 01:52:05,860 This is no longer some narrowly targeted security measure. 1267 01:52:06,300 --> 01:52:10,240 These are major public corridors, bus stops, economic streets, 1268 01:52:10,600 --> 01:52:13,380 and some of the most accessible city spaces in Berkeley. 1269 01:52:14,180 --> 01:52:16,720 Students, workers, immigrants, unhoused residents, 1270 01:52:17,300 --> 01:52:20,780 organizers, shoppers, and neighbors move through these spaces every single day. 1271 01:52:21,760 --> 01:52:24,040 Privacy is part of public safety. 1272 01:52:24,040 --> 01:52:37,140 A democratic city should not mobilize mass data collection without strict limits, independent oversight, public transparency, and prove that the systems actually improve public safety, instead of simply expanding surveillance infrastructure. 1273 01:52:37,640 --> 01:52:39,880 And if I'm being honest, they really shouldn't be used at all. 1274 01:52:40,340 --> 01:52:43,220 The burden is not on the public to accept being launched. 1275 01:52:43,640 --> 01:52:46,720 The burden is on government to justify why it should. 1276 01:52:47,320 --> 01:52:49,160 Thank you for your time and your testimony. 1277 01:52:49,160 --> 01:52:54,960 I do want to say really quickly that I do believe that surveillance technology should be limited. 1278 01:52:55,320 --> 01:53:00,300 I do believe the city of Berkeley should be the ones that own this technology and encrypted and to end. 1279 01:53:00,720 --> 01:53:03,480 I do believe that the facial recognition should be scattered. 1280 01:53:04,020 --> 01:53:07,240 The data should be poisoned. The AI should be off the table. 1281 01:53:07,840 --> 01:53:11,620 You all have a chance and a ride to make the right call this day. 1282 01:53:11,620 --> 01:53:18,860 But no, this city is not ready for the artificial intelligence that's going to come in the next round of flock data. 1283 01:53:19,440 --> 01:53:25,220 The city is not ready to hold guard blocks in place if that data is hacked by malicious actor. 1284 01:53:25,960 --> 01:53:31,220 And so I think this city is ready to take it seriously that no, we do not want flock. 1285 01:53:31,600 --> 01:53:32,960 No, we do not want surveillance. 1286 01:53:33,560 --> 01:53:39,140 We are a sanctuary city, and that means we protect everyone regardless of whether they're criminal or not. 1287 01:53:39,140 --> 01:53:42,560 because they have due process and need to be seen in a court of law. 1288 01:53:43,120 --> 01:53:44,820 So I thank you for your time and your energy. 1289 01:53:45,100 --> 01:53:47,120 I thank you all for your energy and your time. 1290 01:53:47,400 --> 01:53:50,140 And if anyone wants to hear more, again, my name is Aiden Hill. 1291 01:53:50,360 --> 01:53:52,620 I'm running for Berkeley City Council District 7. 1292 01:53:54,180 --> 01:53:57,120 So I really look forward to working with all of you on this. 1293 01:53:57,200 --> 01:53:58,940 And again, our city deserves sanctuary. 1294 01:53:59,180 --> 01:54:00,260 Thank you. 1295 01:54:00,360 --> 01:54:00,820 Thank you. 1296 01:54:06,860 --> 01:54:08,780 I was given an extra minute. 1297 01:54:11,240 --> 01:54:12,120 All right. Hi, everyone. 1298 01:54:13,140 --> 01:54:15,320 So I agree that it's a false dichotomy 1299 01:54:15,320 --> 01:54:18,720 that we can only have civil liberty protections or safety. 1300 01:54:18,980 --> 01:54:20,460 I do think we can have both. 1301 01:54:21,320 --> 01:54:23,160 But when it comes to police doing their jobs, 1302 01:54:23,340 --> 01:54:24,820 I do think they deserve a lot of support. 1303 01:54:25,540 --> 01:54:27,560 However, history has shown, again and again, 1304 01:54:27,840 --> 01:54:29,860 that the federal government has very little regard 1305 01:54:29,860 --> 01:54:31,320 for our constitutional rights. 1306 01:54:31,660 --> 01:54:34,280 So the assurances made today about contractual obligations 1307 01:54:34,280 --> 01:54:36,900 and processes are not persuasive to me. 1308 01:54:37,340 --> 01:54:39,540 And we can think about co-intel pro 1309 01:54:39,540 --> 01:54:41,640 when the FBI surveilled, infiltrated, 1310 01:54:41,780 --> 01:54:44,200 and sabotaged Dr. Martin Luther King's junior, 1311 01:54:44,200 --> 01:54:49,200 the Black Panthers in the anti-war movement, but church committees revelations about the CIA and NSA 1312 01:54:49,200 --> 01:54:54,240 spying on American citizens. The NSA's mass, warrantless, wire-tapping after 911, 1313 01:54:54,780 --> 01:54:59,980 exposed by Edward Snowden, the NYPD's document surveillance of entire Muslim American community. 1314 01:55:00,000 --> 01:55:14,940 Social confidence that a company like this actually has the technological capability to actually keep the federal government out. We heard tonight that they have new security professionals, but I don't think many respectable information security officers would take a job with a company like this, so I asked that we find another way. 1315 01:55:17,180 --> 01:55:17,620 Thank 1316 01:55:22,200 --> 01:55:24,520 you. Sorry, who's get one minute? 1317 01:55:24,860 --> 01:55:28,460 Okay. Two minutes. Two minutes. Two minutes. Two extra minutes. 1318 01:55:28,460 --> 01:55:33,280 The city attorney told you, flocks seeming willingness to agree to major overhaul the city 1319 01:55:33,280 --> 01:55:38,160 proposals coupled with widespread media reports of other Jewish jurisdictions canceling their 1320 01:55:38,160 --> 01:55:43,860 flock contracts, which likely has put financial pressure on the company suggests that flock 1321 01:55:43,860 --> 01:55:48,900 may be willing to agree to major changes to secure a deal, even though it's technical team will 1322 01:55:48,900 --> 01:55:54,140 not in practice be able to implement those changes, said this, your city attorney. And from 1323 01:55:54,140 --> 01:56:00,180 on website. Here's how it rewards its top sales people. A one-week group vacation that they call 1324 01:56:00,180 --> 01:56:06,000 Eagle's Club and this is what they say. Eagle's Club isn't a participation trophy. You have to outperform 1325 01:56:06,000 --> 01:56:12,300 outwork and out execute in a room full of elite sellers. Eagle's Club is not something that appears at the 1326 01:56:12,300 --> 01:56:17,960 end of the year as a surprise. It becomes a steady motivator throughout. For James, that motivation extends 1327 01:56:17,960 --> 01:56:23,880 beyond the individual. He said, it's always in the back of my mind. My wife's asking, where is this 1328 01:56:23,880 --> 01:56:31,220 But both invested in getting there, this job brings the whole household into it, the winds, the stress, everything. 1329 01:56:31,660 --> 01:56:34,220 It's a culture thing, everyone's thinking about it. 1330 01:56:34,280 --> 01:56:36,420 It's competitive, but in a motivating way. 1331 01:56:36,660 --> 01:56:40,800 That shared energy pushes people to raise their level over time. 1332 01:56:41,000 --> 01:56:42,060 That's their salespeople. 1333 01:56:42,640 --> 01:56:46,900 These are the people that are telling you how much fear is about keeping our data secure. 1334 01:56:47,340 --> 01:56:51,360 They're top salespeople, salivating for a contract with progressive Berkeley. 1335 01:56:51,360 --> 01:56:57,180 I once worked for a company like that, where the sales people sold systems promising they could 1336 01:56:57,180 --> 01:57:00,960 do things that they actually couldn't do, that company did go out of business, but it took 1337 01:57:00,960 --> 01:57:01,800 a long time. 1338 01:57:03,540 --> 01:57:03,980 Thanks, kid. 1339 01:57:08,240 --> 01:57:08,840 Good evening. 1340 01:57:09,020 --> 01:57:14,360 I'm John Canard, the CEO of the Downtown Berkeley Association in 36-year resident in Berkeley. 1341 01:57:15,100 --> 01:57:21,700 We went through a strategic planning process last year, and by far, by far, safety was 1342 01:57:21,700 --> 01:57:28,140 issue number one with all of our stakeholders in our community survey copies for all of you. 1343 01:57:28,140 --> 01:57:34,460 You're in receipt of emails from university Avenue merchants visit Berkeley. The importance of safety 1344 01:57:34,460 --> 01:57:40,000 is paramount for employees, customers, residents and visitors. Today I had a conversation with 1345 01:57:40,000 --> 01:57:45,700 merchants been 45 years in the downtown, said their employees don't feel safe, their people are being 1346 01:57:45,700 --> 01:57:51,300 assaulted, they're asking for help from our ambassadors and PD. We are implementing next year in 1347 01:57:51,300 --> 01:58:00,480 where to cost $250, $60,000 a safety ambassador program, because our stakeholders don't feel safe in our downtown. 1348 01:58:01,480 --> 01:58:07,360 These systems have proven track record. Look at Berkeley, Berkeley scanner. Please do the right thing. 1349 01:58:07,620 --> 01:58:14,240 Provide BPD, the tools to a thanks time and provide a safety community for all of us. Thank you. 1350 01:58:16,770 --> 01:58:19,150 Okay, folks, come on. 1351 01:58:21,460 --> 01:58:22,940 I get four minutes. 1352 01:58:28,030 --> 01:58:28,470 Good evening. 1353 01:58:28,630 --> 01:58:29,990 My name is Abigail Lesbron. 1354 01:58:30,030 --> 01:58:33,010 I'm speaking on behalf of the Berkeley Immigration Collaborative, 1355 01:58:33,030 --> 01:58:35,650 or BIC, where five Berkeley-based organizations 1356 01:58:35,650 --> 01:58:38,350 with decades of experience serving immigrants 1357 01:58:38,350 --> 01:58:40,270 and asylum seekers in the Bay Area. 1358 01:58:40,930 --> 01:58:42,590 I am also a district five resident. 1359 01:58:43,430 --> 01:58:45,270 I was also born and raised in Berkeley. 1360 01:58:45,490 --> 01:58:47,870 My kids go to Berkeley schools and I work in Berkeley. 1361 01:58:48,790 --> 01:58:51,070 This city council has heard from the BIC extensively 1362 01:58:51,070 --> 01:58:53,310 about the dangers of contracting with flock. 1363 01:58:53,690 --> 01:58:55,930 At this time, we want to make one thing clear. 1364 01:58:56,190 --> 01:58:58,270 If you vote yes on this contract, 1365 01:58:59,010 --> 01:59:00,850 you're breaking your commitment to sanctuary. 1366 01:59:01,230 --> 01:59:03,930 That commitment you made last year in September. 1367 01:59:05,670 --> 01:59:08,010 And you are also doing it in the exact moment 1368 01:59:08,010 --> 01:59:11,810 in this country's history when sanctuary matters most. 1369 01:59:11,970 --> 01:59:14,330 You all voted on that. 1370 01:59:15,090 --> 01:59:17,430 This technology is harmful to immigrants, yes, 1371 01:59:17,490 --> 01:59:19,390 but it's also harmful to unhoused neighbors 1372 01:59:19,390 --> 01:59:21,970 who already live under surveillance and constant displacement. 1373 01:59:22,610 --> 01:59:26,690 It's harmful to black and brown residents because this technology is documented to be racial 1374 01:59:26,690 --> 01:59:31,290 biased, and the people that misidentify are the people who are already overpoliced. 1375 01:59:31,770 --> 01:59:38,970 It's harmful to the residents in this room who leverage their privilege to show up as observers 1376 02:00:01,520 --> 02:00:10,940 It is harmful to every person in Berkeley who might one day stand up to an authoritarian federal government. This is not a symbolic battle. 1377 02:00:11,820 --> 02:00:19,400 It is a battle to protect sanctuary and democratic control of our city, our technology and our privacy and our private data. 1378 02:00:19,400 --> 02:00:24,840 79 jurisdictions to date have already canceled their flock contracts. 1379 02:00:25,000 --> 02:00:26,620 They did it for a reason. 1380 02:00:27,680 --> 02:00:32,440 In some, the police chiefs themselves led the effort. 1381 02:00:32,880 --> 02:00:36,660 Just this week, El Salvador chose sanctuary over flock. 1382 02:00:37,080 --> 02:00:38,120 You can, too. 1383 02:00:38,800 --> 02:00:39,940 The tide is changing. 1384 02:00:41,160 --> 02:00:44,860 And the council can now choose to be on the right side of history 1385 02:00:44,860 --> 02:00:48,180 or to bear the responsibility for violating our rights 1386 02:00:48,180 --> 02:00:52,400 and are safety during the time of authoritarian overreach. 1387 02:00:52,880 --> 02:00:54,000 The time is now. 1388 02:00:54,660 --> 02:00:56,280 According to public records request, 1389 02:00:56,600 --> 02:00:59,660 the federal government accessed Berkeley police departments 1390 02:00:59,660 --> 02:01:04,620 flocked data 86,000 times in two years. 1391 02:01:05,480 --> 02:01:07,880 You say that the contract terms will protect us, 1392 02:01:08,100 --> 02:01:12,360 but our own city attorney is telling you that no contract terms 1393 02:01:12,360 --> 02:01:14,800 will completely protect Berkeley's data 1394 02:01:14,800 --> 02:01:20,300 And it will expose Berkeley to between 30 and 60 million dollars in legal liability. 1395 02:01:20,820 --> 02:01:26,040 I was surprised to hear nobody asked the city attorney any questions about that. 1396 02:01:27,960 --> 02:01:32,840 If you approve this contract tonight, you are doing so against the advice of your own 1397 02:01:32,840 --> 02:01:33,280 council. 1398 02:01:34,220 --> 02:01:35,740 This is a new attorney. 1399 02:01:35,960 --> 02:01:38,180 That is not good governance. 1400 02:01:39,480 --> 02:01:44,520 Yesterday Sarah Hamid of the Electronic Frontier Foundation told El Cereito, City Council 1401 02:01:44,520 --> 02:01:49,980 how flocks network architecture is broad, searchable, multi-juristic, and network where local 1402 02:01:49,980 --> 02:01:54,860 data is repurposed, relabeled, and reached through side doors that will make it impossible 1403 02:01:54,860 --> 02:01:56,040 for cities to monitor. 1404 02:01:56,600 --> 02:02:01,980 What this means is that we do not and will not know the extent to which Berkeley's data 1405 02:02:01,980 --> 02:02:05,640 is being used by flocks AI modeling or federal agencies. 1406 02:02:06,040 --> 02:02:10,780 The police accountability board found that no other jurisdiction uses one vendor for 1407 02:02:10,780 --> 02:02:15,900 of its surveillance technology and warned you against fully integrating all of Berkeley's data 1408 02:02:15,900 --> 02:02:21,940 with flock in this way without first analyzing the vulnerabilities. To conclude, I want to leave 1409 02:02:21,940 --> 02:02:27,940 you with the story of Mari Martinez at another gentleman reference. She's a U.S. citizen who's 1410 02:02:27,940 --> 02:02:35,760 a teaching assistant who I tracked using flock and they shot her five times, luckily they didn't 1411 02:02:35,760 --> 02:02:41,540 her. Martinez said she would see bullet scars for her life, but she said in her 1412 02:02:41,540 --> 02:02:46,740 her educational hearing, and I quote, but perhaps even worse, the mental scars will 1413 02:02:46,740 --> 02:02:51,520 always be there as a reminder of the time my own government tried to execute me. 1414 02:02:51,820 --> 02:02:51,820 Thank 1415 02:02:58,540 --> 02:03:06,080 you. Madam City Attorney, Madam City Attorney, Madam City Attorney, did you want to 1416 02:03:07,400 --> 02:03:09,800 Yes, thank you, Madam Mayor. 1417 02:03:10,400 --> 02:03:15,860 Our office is aware that a privileged memo from our office was leaked to the press. 1418 02:03:16,200 --> 02:03:20,940 Under established California law, the attorney client privilege 1419 02:03:20,940 --> 02:03:24,100 rests with the city council, the governing body of the city, 1420 02:03:24,260 --> 02:03:27,820 and unless you choose to waive it, it's preserved, 1421 02:03:28,660 --> 02:03:30,420 because you haven't waived it. 1422 02:03:30,420 --> 02:03:37,400 We will not discuss this leaked memo and urge the council members and commissioners and staff to 1423 02:03:37,400 --> 02:03:40,300 similarly refrain from discussing the contents. 1424 02:03:40,660 --> 02:03:41,440 Thank you. 1425 02:03:42,300 --> 02:03:42,500 Okay. 1426 02:03:42,680 --> 02:03:43,140 Go ahead. 1427 02:03:45,320 --> 02:03:45,600 Hi. 1428 02:03:45,800 --> 02:03:46,620 I'm Andrew. 1429 02:03:46,860 --> 02:03:50,480 I'm a district two voter who is voted for some of you up here tonight and I'm really hoping 1430 02:03:50,480 --> 02:03:51,700 I didn't make a foolish decision. 1431 02:03:52,860 --> 02:03:57,800 I needed to make sure I come here tonight and remind you that many people fought and died 1432 02:03:57,800 --> 02:03:59,900 for my first fourth and eighth amendment rights. 1433 02:04:00,380 --> 02:04:02,480 And I'm not here going to be negotiating 1434 02:04:02,480 --> 02:04:04,340 with some tech copy over them. 1435 02:04:05,200 --> 02:04:07,600 Many people behind me with ethics can, 1436 02:04:07,660 --> 02:04:09,100 and we'll make great points regarding how 1437 02:04:09,100 --> 02:04:11,860 master valence violates their first and fourth amendments. 1438 02:04:13,260 --> 02:04:14,840 And I'll make a case for the eighth. 1439 02:04:15,380 --> 02:04:17,360 If your history teacher was as good as mine, 1440 02:04:17,680 --> 02:04:19,680 the eighth amendment prohibits cruel and unusual punishment. 1441 02:04:20,620 --> 02:04:22,780 Every animal, except maybe Donnie Badger, 1442 02:04:23,420 --> 02:04:26,620 will have a natural justice response to being followed, 1443 02:04:26,620 --> 02:04:34,060 stock or if it feels a prey animal is there. Humans have the same response. If you set up 1444 02:04:34,060 --> 02:04:39,460 cameras everywhere, you're creating a giant psychological torture device that violates the 1445 02:04:39,460 --> 02:04:45,180 eighth amendment. Or repeat again, I am not going to negotiate over my first fourth and eighth 1446 02:04:45,180 --> 02:04:49,220 amendment rights. Cancel the contract. Good evening. 1447 02:04:54,510 --> 02:04:56,870 Good evening, Mayor ECE and council members. 1448 02:05:00,000 --> 02:05:04,860 The Council on American Islamic Relations, and we want to express our opposition to the proposed 1449 02:05:04,860 --> 02:05:10,360 flock expansion in any ALPR alternatives. To start, flock is patently unsafe, flock's 1450 02:05:10,360 --> 02:05:15,360 hackable nature makes Berkeley liable for SB 34 violations. flock has been proven to be hacked 1451 02:05:15,360 --> 02:05:20,880 within 30 seconds due to 51 security vulnerabilities. In one instance, a user was able to access 1452 02:05:20,880 --> 02:05:26,150 a 24-7 livestream of a children's playground in the Bay Area that is terrifying and that is 1453 02:05:26,150 --> 02:05:31,170 actionable. Flock and ALPRs are a threat to Berkeley residents at large. Berkeley residents 1454 02:05:31,170 --> 02:05:34,270 need to know that when they drive to seek legal assistance when they go to their 1455 02:05:34,270 --> 02:05:38,290 place of worship or when they attend a protest opposing Israel's genocide and 1456 02:05:38,290 --> 02:05:41,950 Gaza that they need to know that they won't be surveilled, kidnapped or killed by 1457 02:05:41,950 --> 02:05:45,350 ICE. Berkeley residents should feel safe enough to move through their city 1458 02:05:45,350 --> 02:05:48,850 with a large shadow looming over them. Please meet for moments. They know to 1459 02:05:48,850 --> 02:05:50,850 Thank you. 1460 02:05:57,280 --> 02:06:02,420 Please stand up for a public safety and for a fact-driven data. 1461 02:06:03,260 --> 02:06:09,780 What's true is over 6,000 cities and communities chose 1462 02:06:09,780 --> 02:06:14,200 Block because they are effective because they help stop crying 1463 02:06:14,540 --> 02:06:21,720 because they work less than 1% did not back out of 1464 02:06:21,720 --> 02:06:33,640 But so you represent the constituents that elected you and they are moderates, they are not the extremist you see here that we're rejected across the country. 1465 02:06:34,320 --> 02:06:37,340 Because the beacon of radical extremism. 1466 02:06:37,540 --> 02:06:45,260 Order enough for your constituents who could not stay here to two in the morning because that's how long your meetings last, last time. 1467 02:06:45,260 --> 02:06:46,820 and they have to go to work. 1468 02:06:47,560 --> 02:06:50,960 So vote with the 99% stand up for public safety. 1469 02:06:51,420 --> 02:06:55,940 There was a child, traffic or rapist that tortured a girl 1470 02:06:55,940 --> 02:06:58,340 and lit her on fire and fuck, put her away. 1471 02:06:58,640 --> 02:06:59,820 That person was in Berkeley. 1472 02:06:59,920 --> 02:07:01,220 Thank you. 1473 02:07:03,280 --> 02:07:04,000 Hold on. 1474 02:07:04,560 --> 02:07:08,220 Before you seek folks, you need to be respectful 1475 02:07:08,220 --> 02:07:09,560 and let folks speak. 1476 02:07:10,320 --> 02:07:12,700 This is that impact the time that everyone has to speak. 1477 02:07:12,820 --> 02:07:13,840 So please let them finish. 1478 02:07:14,520 --> 02:07:15,200 It's also disrespectful. 1479 02:07:15,560 --> 02:07:16,000 Go ahead. 1480 02:07:16,120 --> 02:07:16,920 Thank you. 1481 02:07:16,920 --> 02:07:27,760 So my name is Grant Thompson. I'm a district six resident. I raised my kids here. I'm a lawyer here. I am not an idiot log. I'm not an extremist. I'm your constituents. 1482 02:07:30,360 --> 02:07:41,260 I wanted to comment. I saw an editorial that the pro flock of council members had written and I wanted to address a couple points that they made that a tour of us that they think about it. 1483 02:07:41,260 --> 02:07:48,600 So, it said as a defense to flock, flock does not directly give data to eyes or other federal agencies. 1484 02:07:50,840 --> 02:08:02,960 I'd like for you to sit with that a second and think about how you're going to feel about defending that to a woman who is seeing a loved one taken away and ducted by eyes because it was indirectly shared. 1485 02:08:04,040 --> 02:08:10,600 That's an admission that these paper restrictions that you're talking about aren't going to work. 1486 02:08:11,140 --> 02:08:13,520 We all know this day is going to get out. 1487 02:08:14,780 --> 02:08:19,480 So you can cancel it now or you can wait until you get seen. 1488 02:08:19,480 --> 02:08:19,980 Thank you. 1489 02:08:20,140 --> 02:08:21,040 And people start getting with us. 1490 02:08:21,060 --> 02:08:21,960 Thanks so much. 1491 02:08:26,970 --> 02:08:28,650 That's going to see me one minute. 1492 02:08:29,170 --> 02:08:29,430 Sorry. 1493 02:08:30,130 --> 02:08:30,510 From the, okay. 1494 02:08:30,730 --> 02:08:31,010 Thank you. 1495 02:08:32,050 --> 02:08:32,570 Thanks. 1496 02:08:32,690 --> 02:08:33,370 My name is Luis. 1497 02:08:33,370 --> 02:08:37,230 I live in Berkeley, and I had a lot of points I wanted to make today, but I just want to respond 1498 02:08:37,230 --> 02:08:42,730 to some of the points that Mr. Flock made in response to Council Member Blockeby. 1499 02:08:43,250 --> 02:08:48,910 He said that if Flock received subpoenas from the federal government, that they inform the federal 1500 02:08:48,910 --> 02:08:55,450 government that they do not own the data, and they, and they also immediately inform the local 1501 02:08:55,450 --> 02:08:57,970 agency that the data is being requested for. 1502 02:08:58,630 --> 02:09:03,110 That ignores the fact that there are many well-established pathways for federal subpoenas 1503 02:09:03,110 --> 02:09:09,450 that include a gang order, and that also directly ignores the fact that federal subpoenas 1504 02:09:09,450 --> 02:09:12,910 are not for the owner of the data, therefore anybody who has access to the data. 1505 02:09:13,250 --> 02:09:19,250 And there's a reason that Flock maintains this massive database of all of this data, a single 1506 02:09:19,250 --> 02:09:24,270 subpoena from the federal government to Flock can track the license plate of someone across 1507 02:09:24,270 --> 02:09:29,790 the entire United States, including all of California, and there can be no way of a local 1508 02:09:29,790 --> 02:09:35,290 agency or jurisdiction being made aware of that. According to the electronic frontier 1509 02:09:35,290 --> 02:09:40,590 foundation, there were hundreds of thousands of national security letters which are 1510 02:09:40,590 --> 02:09:46,050 these kind of subpoenas sent by the FBI over the last decade, 97% of them included 1511 02:09:46,050 --> 02:09:50,870 this kind of gag order, which would mean that the person being subpoenaed cannot notify anyone else. 1512 02:09:51,170 --> 02:09:55,770 And it's patently ridiculous to think that they are going to be able to just say, oh, 1513 02:09:55,790 --> 02:09:59,510 well, Berkeley technically owns the data even though I have access to all the data right here. 1514 02:09:59,510 --> 02:09:59,970 That's... 1515 02:10:23,820 --> 02:10:29,440 We're facing a budget deficit and potential layoffs risking multi million dollars lawsuits, 1516 02:10:29,620 --> 02:10:33,960 resulting from Fox welfare established practice of data misuse, will be an irresponsible, financial 1517 02:10:33,960 --> 02:10:37,240 decision when the jobs of essential city workers are in your hands. 1518 02:10:37,240 --> 02:10:42,120 Exhibited police over time is already eating up millions of dollars while critical safety net 1519 02:10:42,120 --> 02:10:43,360 services are under threat. 1520 02:10:43,680 --> 02:10:47,320 If you're not in good conscience allow for example, health housing and community services 1521 02:10:47,320 --> 02:10:52,980 programs that prevent crises create real public safety and still dignity to be placed on the 1522 02:10:52,980 --> 02:10:57,940 chopping block while increasing militarized policing and racial profiling to target the already 1523 02:10:57,940 --> 02:10:59,720 most over-police community members. 1524 02:11:00,180 --> 02:11:04,600 We need to balance our budget not gamble on a bad decision that's extremely unpopular 1525 02:11:04,600 --> 02:11:09,700 and Berkeley. The attend to one CSU board, cove delegates and concerned members, oppose the 1526 02:11:09,700 --> 02:11:15,280 flock contract. Prioritized, Berkeley is over billionaires, services over surveillance, constituents 1527 02:11:15,280 --> 02:11:20,880 of a corporate contract, contracts, and workers of a waste, no flock. 1528 02:11:40,370 --> 02:11:41,050 I have a couple of people 1529 02:11:41,050 --> 02:11:46,430 the pink and then touch. Okay, got it. Three. All right. I'm not quite sure who you counted. 1530 02:11:48,230 --> 02:11:53,170 Okay. My name is Andrew Pritch and I'm a Berkeley cop watch and I just want, and I'm also 1531 02:11:53,170 --> 02:11:57,090 about district two resident. I just want to show you all that you do not care about how we're 1532 02:11:57,090 --> 02:12:02,130 safety more than we do. So we're not here saying, we don't care about safety. We're here because 1533 02:12:02,130 --> 02:12:07,270 we care desperately about our safety. And we perceive the threat differently than you do. 1534 02:12:07,270 --> 02:12:14,190 What I want to say also is that let's be clear that the crime rate in Berkeley is going 1535 02:12:14,190 --> 02:12:14,550 down. 1536 02:12:14,710 --> 02:12:20,730 It was going down before you employed all the ALPRs and inside the flock, the new flock 1537 02:12:20,730 --> 02:12:21,090 cameras. 1538 02:12:21,690 --> 02:12:23,270 So that's a trend that's already happening. 1539 02:12:23,730 --> 02:12:30,550 And I do, I would define anybody to come up with an independent research that says that 1540 02:12:30,550 --> 02:12:32,590 flock cameras are associated with crime declines. 1541 02:12:32,990 --> 02:12:36,210 What we have is flock representatives and cops telling you that. 1542 02:12:36,210 --> 02:12:39,610 Where is the reliable research? 1543 02:12:39,770 --> 02:12:42,050 Where is the reliable data that's independent? 1544 02:12:43,050 --> 02:12:47,090 We are fully aware that we're being asked to trust Flock. 1545 02:12:47,510 --> 02:12:50,250 I want to comment about National Lookup. 1546 02:12:50,710 --> 02:12:54,310 According to CBS, the Venturist County Shaves, 1547 02:12:54,390 --> 02:12:58,510 obviously, had disabled Flock's national lookup feature in June 2023 1548 02:12:58,510 --> 02:13:02,510 to comply with California's law borrowing local agencies 1549 02:13:02,510 --> 02:13:04,930 from sharing automatic license plate reader data 1550 02:13:04,930 --> 02:13:07,310 without a statement that we're law enforcement agencies. 1551 02:13:08,370 --> 02:13:09,730 However, earlier this month, 1552 02:13:10,250 --> 02:13:14,010 deputies learned that several California law enforcement agencies reported 1553 02:13:14,010 --> 02:13:17,990 that the national look-up feature had somehow been reactivated 1554 02:13:17,990 --> 02:13:19,810 without any explanation. 1555 02:13:20,930 --> 02:13:23,150 My question, whether it's deception, 1556 02:13:23,830 --> 02:13:25,730 deviousness, or incompetence. 1557 02:13:26,010 --> 02:13:28,550 How if this was a job interview, would you hire them? 1558 02:13:30,090 --> 02:13:31,230 Would you hire them? 1559 02:13:32,390 --> 02:13:46,530 I'm asking you also to consider that the people of Minneapolis who protested, that they were told that the authorities would be investigating everybody who participated in the protests, that and they've got 300 flock cameras. 1560 02:13:47,110 --> 02:13:55,750 The CEO of Flock recently referred to organizers with a group called Deflock as domestic terrorists simply because they're doing what we're doing right now. 1561 02:13:55,750 --> 02:13:58,050 If our current government, 1562 02:14:00,170 --> 02:14:07,210 we have this, we've given this council a clear mandate about how we want public safety to look. 1563 02:14:08,070 --> 02:14:11,030 We did five years ago and we have not lost lack of that vision. 1564 02:14:11,490 --> 02:14:14,210 We want public safety. We want to reimagine it. 1565 02:14:14,330 --> 02:14:20,010 And we believe that if there's a crisis with cops and there's not enough cops, we already told you. 1566 02:14:20,010 --> 02:14:27,010 We need a non-police response to calls that don't require somebody with a gun on their hip. 1567 02:14:28,590 --> 02:14:35,170 That is a clear way forward that will leave the pressure on these guys and make us all feel a lot better. 1568 02:15:00,020 --> 02:15:05,840 Also, the issue of liability is real. As you well know, leaks happen. 1569 02:15:14,280 --> 02:15:21,360 I can't leak the data. That would be a liability that could cost these city millions of dollars. 1570 02:15:21,960 --> 02:15:29,440 So, you see how easy it is. I also want to make you aware of a bill called the surveillance accountability act that is currently before Congress. 1571 02:15:29,440 --> 02:15:32,580 And what they proposed to do is to restrict 1572 02:15:32,580 --> 02:15:36,020 what was government surveillance by requiring judicial 1573 02:15:36,020 --> 02:15:40,300 ruins based on probable cause for accessing personal 1574 02:15:40,300 --> 02:15:43,300 data, including information from data brokers. 1575 02:15:44,660 --> 02:15:47,700 If that legislation goes forward, then the fundamental 1576 02:15:47,700 --> 02:15:52,540 premise of this whole totalitarian flock infrastructure 1577 02:15:53,220 --> 02:15:56,320 gets the floor taken out from under it. 1578 02:15:56,600 --> 02:15:58,580 Instead of a cop casually like, where's my girlfriend? 1579 02:15:58,580 --> 02:16:05,040 I'm going in there and checking flat database, they would have to get a judicial warrant. 1580 02:16:05,980 --> 02:16:09,260 And that fundamentally alters what is being proposed here today. 1581 02:16:09,380 --> 02:16:10,340 Thank you. 1582 02:16:18,860 --> 02:16:22,980 I've got one minute from, yeah, of course, in the back. 1583 02:16:24,640 --> 02:16:28,840 Good evening, Mayor, members of the City Council, our beautiful community and Mr. Flock. 1584 02:16:30,140 --> 02:16:33,560 I am a solid Albert, chair of the Berkeley Rental Stabilization Board, speaking in my own 1585 02:16:33,560 --> 02:16:33,900 capacity. 1586 02:16:33,900 --> 02:16:38,820 I'm speaking tonight in opposition to any relationship between the city of Berkeley and 1587 02:16:38,820 --> 02:16:39,560 Floxarellis. 1588 02:16:40,180 --> 02:16:45,520 I think that we shouldn't do this because it's a reckless, irresponsible thing to do during 1589 02:16:45,520 --> 02:16:46,260 Trump's reign. 1590 02:16:46,800 --> 02:16:51,900 When ISIS shown it is willing to use every tool in its disposal legal or otherwise in 1591 02:16:51,900 --> 02:16:53,180 order to assault our immigrant community. 1592 02:16:54,240 --> 02:17:00,620 But even if that weren't the case, this no-bid contract is a massive boom-doggle for a city facing 1593 02:17:00,620 --> 02:17:01,800 a multimillion dollar deficit. 1594 02:17:02,380 --> 02:17:05,420 The draft budget proposes to lay off city workers, 1595 02:17:06,120 --> 02:17:09,420 cut services, and reduce funding for affordable housing, 1596 02:17:09,840 --> 02:17:13,980 which unlike block surveillance is actually the number one priority of Berkeley voters 1597 02:17:13,980 --> 02:17:16,000 and every poll that we've ever done. 1598 02:17:19,520 --> 02:17:22,780 This is a multi-million dollar no bid contract. 1599 02:17:24,880 --> 02:17:28,500 And even apart from that, the minute the city approves it, you're going to be sued. 1600 02:17:29,180 --> 02:17:30,720 And that's a multi-million dollar lawsuit. 1601 02:17:30,720 --> 02:17:42,700 And, even apart from that, the minute those cameras go up, they're going to be targeted systematically for, you know, for, um, for decoration. Yeah. And that's not a threat from me. That's not, I'm not urging that. That's just a reality. 1602 02:17:42,980 --> 02:17:49,700 We've seen that already throughout the country and in our neighborhood in Oakland, right? So, how is this council going to spend public money? 1603 02:17:50,560 --> 02:17:57,820 They are going to be multiple measures on the ballot this November, including potentially one from the City Council proposing a, unfortunately, regressive sales tax, 1604 02:17:57,820 --> 02:18:03,380 where the people will be asked to tax themselves to fund city services is this council really 1605 02:18:03,380 --> 02:18:08,480 going to throw the public's money into surveillance that we do not want then get sued for 1606 02:18:08,480 --> 02:18:12,820 multiple millions of dollars more of the public's money and then have those cameras all destroyed 1607 02:18:12,820 --> 02:18:18,500 and then tell the public will you give us some more money and raise your sales taxes. I think that's a 1608 02:18:18,500 --> 02:18:20,740 really stupid idea. Thank you. 1609 02:18:30,470 --> 02:18:34,850 Hi I believe I have two minutes from a friend over here and over here. 1610 02:18:35,630 --> 02:18:36,730 So thank you. 1611 02:18:36,850 --> 02:18:37,850 Three minutes total. 1612 02:18:39,570 --> 02:18:39,610 Hi. 1613 02:18:39,970 --> 02:18:41,030 My name is William Martins. 1614 02:18:41,170 --> 02:18:43,350 I'm a Berkeley resident of District 3. 1615 02:18:43,470 --> 02:18:44,510 I'm a local pastor. 1616 02:18:44,930 --> 02:18:47,930 I'm also an organizer with e-spacing e-resistance. 1617 02:18:48,450 --> 02:18:51,470 And I'm here to call you in through song again. 1618 02:18:53,270 --> 02:18:55,690 Last time we had comment on this. 1619 02:18:55,690 --> 02:18:59,850 You may remember, I sent you an invitation to change your mind. 1620 02:19:00,190 --> 02:19:02,110 If you were supporting the vlog comment, 1621 02:19:02,110 --> 02:19:07,830 contract. Today, I'm going to sing for you a new song. And invite any others here who want 1622 02:19:07,830 --> 02:19:14,930 to sing to join me. And this is an invitation to affirm that how we spend our money matters. 1623 02:19:15,750 --> 02:19:23,830 And budgets have moral implications. And we, as a community, are calling you to spend our money in ways 1624 02:19:23,830 --> 02:19:31,370 that honor our community's values, which are being named here very clearly tonight. So you've got 1625 02:19:31,370 --> 02:19:35,370 Put your money where your heart is. 1626 02:19:36,410 --> 02:19:39,070 Find the world you long to see. 1627 02:19:40,170 --> 02:19:44,650 It's time we put our money where our heart is toward every human. 1628 02:20:00,110 --> 02:20:06,710 Let's try that together. We've got to put your money where you're hard. Son, the world, do you want to see? 1629 02:20:06,910 --> 02:20:18,050 Funds, the world you long to see. It's time we put. It's time we put our money where our heart is toward every human, living healthy, living. 1630 02:20:18,190 --> 02:20:23,890 Let's do that verse one more time. We've got to put your money where it is. 1631 02:20:23,890 --> 02:20:23,890 I 1632 02:20:36,080 --> 02:20:39,480 live in free, amazing, so we're gonna do it a little bit more. 1633 02:20:39,900 --> 02:20:43,280 But now we're gonna say, it isn't flop that keeps us safe. 1634 02:20:43,720 --> 02:20:45,180 It's you and me, right? 1635 02:20:46,340 --> 02:20:48,000 Yeah, so that goes like this. 1636 02:20:48,560 --> 02:20:52,380 So you can put your money where your heart, it isn't flop. 1637 02:20:53,020 --> 02:20:56,920 It isn't flop that keeps us safe, it's you and me. 1638 02:20:57,600 --> 02:21:04,880 It's time we put our money where our heart 1639 02:21:04,880 --> 02:21:09,000 live in three. Well, it's time to put. 1640 02:21:12,590 --> 02:21:17,390 It's time to put. It's time to put. 1641 02:21:21,890 --> 02:21:21,890 It's time to put. 1642 02:21:21,970 --> 02:21:22,530 There's living, 1643 02:21:26,130 --> 02:21:28,850 how are we living, how are we living, how are we living, how are we living. Every 1644 02:21:28,850 --> 02:21:29,470 human, 1645 02:21:38,040 --> 02:21:38,040 every 1646 02:21:46,200 --> 02:21:48,100 living, every, every. 1647 02:22:02,000 --> 02:22:08,520 Way to see. I got a minute from Crochet. Okay. Thank you. Catherine. Okay. 1648 02:22:10,860 --> 02:22:13,780 So, George Lippman, I'm a member of the... 1649 02:22:13,780 --> 02:22:14,740 Let's talk in the mic. 1650 02:22:15,600 --> 02:22:16,940 Member of the Peace and Justice Commission. 1651 02:22:17,340 --> 02:22:19,340 And I'm speaking with the... 1652 02:22:19,340 --> 02:22:22,120 At the request of the chair, 1653 02:22:22,480 --> 02:22:25,260 Pastor Dwayne Phillips, who senses regrets. 1654 02:22:26,480 --> 02:22:28,020 In this complex issue, 1655 02:22:30,040 --> 02:22:31,700 there are some things that are very clear. 1656 02:22:33,580 --> 02:22:35,520 We now know that the city is on a 30 raise, 1657 02:22:35,520 --> 02:22:41,500 strong concerns about the liability of $30 to $60 million if we go forward with this proposal. 1658 02:22:42,920 --> 02:22:48,280 Council, you're responsible for the fiscal health of this city. To go forward with this contract 1659 02:22:48,280 --> 02:22:56,660 expansion would be a gross failure of your fiduciary duty. We love Berkeley and we want to help keep 1660 02:22:56,660 --> 02:23:04,020 it safe physically as well as financially. Please take seriously your responsibility as well. 1661 02:23:04,020 --> 02:23:08,500 Then, send this troubling contract back to the drawing board. 1662 02:23:10,280 --> 02:23:17,660 In a larger frame, this is a time when the hard one reimagining public safety initiative, 1663 02:23:18,300 --> 02:23:23,780 essentially finding positive solutions to social problems is on really hard times. 1664 02:23:24,680 --> 02:23:28,840 Specialized care unit is no more, burped out, never got off the ground. 1665 02:23:29,960 --> 02:23:36,100 I want to share at this moment a few of the findings and functions that are contained in 1666 02:23:36,100 --> 02:23:42,540 the Peace and Justice Commission's mandate, findings, H, they're lettered. 1667 02:23:42,640 --> 02:23:50,680 Our best protection lies in initiating, devising, and promulgating, peaceful, and just policy alternatives. 1668 02:23:52,880 --> 02:23:59,700 Finding J, it is a responsibility of one and all to labor hard for peace and justice within 1669 02:23:59,700 --> 02:24:01,640 forms of appropriate scale. 1670 02:24:02,940 --> 02:24:08,960 And two of the functions, functions C, help develop proposals for the city council and the 1671 02:24:08,960 --> 02:24:13,900 school board for actions in furtherance of the goals of peace and justice and help 1672 02:24:13,900 --> 02:24:16,280 publicize such actions in the community. 1673 02:24:17,440 --> 02:24:23,780 Function F, develop ways to resolve conflict which do not involve violence and which may 1674 02:24:23,780 --> 02:24:28,600 be applied on a local level as well as a national level. 1675 02:24:29,220 --> 02:24:31,960 This is now the 40th anniversary of the Peace and Justice Commission. 1676 02:24:32,740 --> 02:24:38,040 Please reach out to the Peace and Justice Commission for help, creating positive solutions, 1677 02:24:38,720 --> 02:24:44,060 strengthen the police accountability board and stop undermining it, reach out to the 1678 02:24:44,060 --> 02:24:49,340 women welfare and community action commission. We are here to help. Thank you. 1679 02:24:49,440 --> 02:24:49,960 Thank you. 1680 02:25:00,000 --> 02:25:09,980 It is of one of the most knowledgeable, educated cities, not just in the state or the country, but the world. 1681 02:25:14,010 --> 02:25:32,890 So, it is surprising to me that a contract with flock would be considered, proposed, rather, and then be considered for a vote, given all that we know about flock. 1682 02:25:34,570 --> 02:25:37,950 The data is before us, right, all the data that we need. 1683 02:25:38,670 --> 02:25:42,570 We've heard it from people who came before me and at the other meeting. 1684 02:25:43,090 --> 02:25:49,640 I also want to address two things that I didn't hear addressed. 1685 02:25:51,120 --> 02:25:56,240 We know from the city attorney that flocked reactivated the national look-up feature. 1686 02:25:56,580 --> 02:26:01,620 After Ventura County, right here in California, deactivated it to comply with state law. 1687 02:26:01,620 --> 02:26:04,540 block to this without notice or explanation. 1688 02:26:06,060 --> 02:26:10,840 So I wonder how we can trust rock around this feature when 1689 02:26:10,840 --> 02:26:14,140 asked about it earlier today. 1690 02:26:15,140 --> 02:26:19,160 The other thing we know is that cities and towns 1691 02:26:19,160 --> 02:26:21,860 who have asked to deactivate block cameras. 1692 02:26:23,920 --> 02:26:26,040 Those cameras were not deactivated, 1693 02:26:26,220 --> 02:26:28,480 and they had to cover those cameras up. 1694 02:26:28,480 --> 02:26:34,120 I didn't hear forgive me if I missed it, but I didn't hear anything to address that. 1695 02:26:34,380 --> 02:26:42,220 So I'm just wondering how we could go forward with an actor like Flock with all these breaches 1696 02:26:42,220 --> 02:26:47,220 of contracts with all these civil rights violations and the constitutional rights violations 1697 02:26:47,220 --> 02:26:49,400 that we're seeing across the country. 1698 02:26:56,200 --> 02:26:59,820 I'm also seeing a lot of people working extremely hard 1699 02:26:59,820 --> 02:27:07,840 to represent themselves before you and that's very painful to see because we elected you to represent us. 1700 02:27:15,640 --> 02:27:20,540 I'm not seeing that right now. I'm at a move because I only have 30 seconds. 1701 02:27:23,640 --> 02:27:29,580 Since I could not find a single reason, a single good reason to contract with Locke, 1702 02:27:29,620 --> 02:27:34,400 I came up with another list of reasons to contract with Locke. I'd like to share them with you. 1703 02:27:34,400 --> 02:27:38,260 I have another minute from someone I'm so sorry. Thank you. 1704 02:27:39,480 --> 02:27:47,680 I'd like to share my list with you. If we want to fall behind cities, big and small, we should contract with Flock. 1705 02:27:48,680 --> 02:27:58,460 If we want to bring the shame of choosing corporate rhetoric over community safety to our city, into our city, we should contract with Flock. 1706 02:27:59,280 --> 02:28:03,320 If we want to be on the wrong side of history in 2026, 1707 02:28:04,180 --> 02:28:07,620 at a time we are living under a fascist national regime, 1708 02:28:08,260 --> 02:28:09,660 we should contract with flock. 1709 02:28:11,340 --> 02:28:14,860 If we want to support the goals of that fascist national regime 1710 02:28:14,860 --> 02:28:18,620 and its unraveling of our civil rights, we should contract with flock. 1711 02:28:20,300 --> 02:28:23,960 If we want to dishonor and undermine the struggle for free speech 1712 02:28:23,960 --> 02:28:27,640 and the struggle to establish Berkeley as a sanctuary city, 1713 02:28:27,640 --> 02:28:29,660 We should contract with Flock. 1714 02:28:31,480 --> 02:28:39,080 If you city council want to turn your backs on the proud immigrants, people of color, queer, 1715 02:28:40,420 --> 02:28:46,180 delibers, youth, and disabled residents and residents at large, you should contract with Flock. 1716 02:28:47,520 --> 02:28:47,820 Thank you. 1717 02:28:48,660 --> 02:28:49,640 Thank you. 1718 02:28:49,840 --> 02:28:50,720 Thank you. 1719 02:28:50,940 --> 02:28:51,520 Thank you. 1720 02:28:53,140 --> 02:29:00,780 So we're going to take, are you going to get extra time? 1721 02:29:01,360 --> 02:29:03,100 Okay, I think we need to take a break. 1722 02:29:03,320 --> 02:29:04,440 So I don't want to interrupt your time. 1723 02:29:04,560 --> 02:29:09,180 So let's just take, yeah, we're going to take, we're just about it 1724 02:29:09,180 --> 02:29:11,760 almost one hours of two minutes shy. 1725 02:29:11,840 --> 02:29:16,360 So we're going to take a ten minute break that does not count for the public speaking time. 1726 02:29:16,540 --> 02:29:17,180 Thank you. 1727 02:29:30,280 --> 02:29:30,940 Sorry folks. 1728 02:29:31,320 --> 02:29:31,440 Sorry. 1729 02:29:31,440 --> 02:29:33,240 One more thing, if you're standing in line, 1730 02:29:33,280 --> 02:29:34,700 and you're trying to keep your line, 1731 02:29:35,380 --> 02:29:38,120 we've got cards, and we're going to give you numbers 1732 02:30:07,860 --> 02:30:20,100 Okay, we're starting back up. We're starting back up, folks. Please, please come back. We lost Nathan. I think Nathan was first in line. 1733 02:30:20,680 --> 02:30:25,160 Yeah, it looked like it was Nathan myself and Moni Law, 1734 02:30:44,520 --> 02:30:45,440 a crusader. 1735 02:31:05,060 --> 02:31:08,100 Okay Nathan come on up 1736 02:31:16,810 --> 02:31:23,770 okay everyone be quiet it's Nathan's turn to speak Nathan how many minutes do you have I think I got three 1737 02:31:23,770 --> 02:31:28,970 One there the he already yielded one here two 1738 02:31:28,970 --> 02:31:32,590 Sorry wait the third one 1739 02:31:33,210 --> 02:31:35,870 Yeah, oh I don't okay. Thank you. Who's the third 1740 02:31:35,870 --> 02:31:39,990 Um, he raised his hand for somebody else. 1741 02:31:39,990 --> 02:31:45,050 No, I got, I got, no, no, no, you didn't raise your hand for someone else. 1742 02:31:45,130 --> 02:31:46,330 I haven't seen you yet. 1743 02:31:46,490 --> 02:31:47,050 So yeah, you're good. 1744 02:31:47,050 --> 02:31:47,170 You're good. 1745 02:31:47,750 --> 02:31:48,410 And this buddy. 1746 02:31:48,750 --> 02:31:49,830 He was sitting over there before. 1747 02:31:50,230 --> 02:31:51,970 I know, but I'm writing down who? 1748 02:31:53,070 --> 02:31:53,730 Seven out of Swiss. 1749 02:31:53,930 --> 02:31:54,130 Okay. 1750 02:31:54,570 --> 02:31:54,790 Okay. 1751 02:31:55,490 --> 02:31:55,830 Okay. 1752 02:31:56,430 --> 02:31:58,190 So that's four minutes total. 1753 02:31:58,490 --> 02:31:58,750 Go ahead. 1754 02:32:02,830 --> 02:32:03,270 Alrighty. 1755 02:32:04,070 --> 02:32:05,270 Madam Mayor and City Council. 1756 02:32:05,950 --> 02:32:07,190 My name is Nathan Mysell. 1757 02:32:07,190 --> 02:32:09,830 I am a Remport Commissioner, speaking as individual. 1758 02:32:10,430 --> 02:32:13,210 I am the former Vice Chair of the Police Accountability Board. 1759 02:32:13,970 --> 02:32:16,530 I was the chair of the Remastering Public Safety Task Force, 1760 02:32:16,590 --> 02:32:19,790 and I served on the Fair and Improersial Policeing Working Group. 1761 02:32:21,070 --> 02:32:22,830 The facts are not much different, folks, 1762 02:32:22,910 --> 02:32:25,730 and they were, when I spoke to you, about two months ago. 1763 02:32:27,690 --> 02:32:28,930 All of y'all know the facts. 1764 02:32:30,310 --> 02:32:34,030 They've been told to you by the many public speakers here. 1765 02:32:34,090 --> 02:32:35,950 They've been told to you, and the many memos you've read, 1766 02:32:35,950 --> 02:32:37,430 and they've been told to you in the news reports. 1767 02:32:37,550 --> 02:32:39,550 They've been told to you, by your own city attorney, 1768 02:32:39,750 --> 02:32:42,790 who I want to mention here, I was quite critical 1769 02:32:42,790 --> 02:32:44,650 last meeting of the city attorney's office. 1770 02:32:46,170 --> 02:32:49,330 My bad, you nailed the analysis on this one. 1771 02:32:49,510 --> 02:32:51,070 Completely, some of these paragraphs, 1772 02:32:51,190 --> 02:32:52,050 I would have rid of myself, 1773 02:32:54,430 --> 02:32:56,970 everyone with the qualities 1774 02:32:58,170 --> 02:33:01,410 to understand the information, whether they're professionals, 1775 02:33:01,910 --> 02:33:04,450 attorneys, activists, regular people in the public, 1776 02:33:04,450 --> 02:33:08,490 Folks, you don't usually come to these meetings right here because this is important to them. 1777 02:33:08,850 --> 02:33:09,970 Everyone understands. 1778 02:33:11,330 --> 02:33:14,450 There is no place, no place for flock in our city. 1779 02:33:19,450 --> 02:33:22,010 And I know at least four of you up there understand that too. 1780 02:33:22,870 --> 02:33:24,090 I'm hoping for five. 1781 02:33:24,710 --> 02:33:26,920 And I saw the op-ed four of y'all put out. 1782 02:33:28,690 --> 02:33:29,370 That's y'all's opinions. 1783 02:33:29,930 --> 02:33:31,090 I don't think it's very well written. 1784 02:33:32,150 --> 02:33:33,010 I'm sorry. 1785 02:33:33,350 --> 02:33:34,150 I got to be honest. 1786 02:33:37,250 --> 02:33:38,170 But I'm hoping. 1787 02:33:38,170 --> 02:33:44,410 that for the one council member, we don't quite know yet what they might do, that there's some room for convincing. 1788 02:33:45,370 --> 02:33:47,050 Because that is going to change these facts folks. 1789 02:33:47,830 --> 02:33:57,230 I heard so much conversation, of course, around the numbers and the prevents crime and the chief tells you if runs crime and the guy paid by a flock to tell you to prevent crime is here as well. 1790 02:33:59,210 --> 02:34:06,590 If you take the numbers from the op-it, I think it was 52 confirmed reports and again, every crime in the city serves obviously serious crimes as serious. 1791 02:34:06,590 --> 02:34:12,520 Right, I've worked on these issues. I've been in court rooms. The folks who've been victims of crime. I think that's seriously as well 1792 02:34:13,630 --> 02:34:15,550 If you take all of that 1793 02:34:16,750 --> 02:34:18,870 Fays value no analysis of the data 1794 02:34:18,870 --> 02:34:27,050 At the counts for 0.52% of reported crime last year that is the difference we are talking about with flock 1795 02:34:27,050 --> 02:34:33,790 This is not some miracle technology is not making a 20% reduction in crime 10% reduction not even a 5% 1796 02:34:33,790 --> 02:34:38,570 The, it's making zero reduction is, it's not what it does, the technology finds things 1797 02:34:38,570 --> 02:34:46,090 after the facts, 0.52 percent improvement clearance rate, 0.52 percent, a decimal percent 1798 02:34:46,090 --> 02:34:49,530 improvement is what we're willing to sell out our values for in this city. 1799 02:34:59,760 --> 02:34:59,960 I am, 1800 02:35:00,000 --> 02:35:10,580 Future where fascist surveillance is the norm. I am not resigned to a future where our trans and immigrant neighbors are surveilled by 1801 02:35:10,580 --> 02:35:17,880 technologies company and their investors who support the orange man of stairs or maybe down stairs. 1802 02:35:21,380 --> 02:35:29,880 I am not resigned to a future where a city that once dedicated itself to reimagining public safety, I was there trust me. 1803 02:35:30,540 --> 02:35:35,600 now decides that the only public safety we can be afforded is a mass surveillance network 1804 02:35:35,600 --> 02:35:39,680 in the hands of a police chief who constantly violates the law. 1805 02:35:43,760 --> 02:35:51,920 I am not resigned to a future where the voices of your constituents are profoundly ignored 1806 02:35:52,640 --> 02:35:58,480 and are taken for granted and are safety as the value for a technology company that doesn't 1807 02:35:58,480 --> 02:36:03,220 Give a damn about this city beyond signing a check. 1808 02:36:03,220 --> 02:36:04,580 Thank you. 1809 02:36:09,780 --> 02:36:10,120 Moni. 1810 02:36:10,260 --> 02:36:11,280 Y'all can make the share. 1811 02:36:11,300 --> 02:36:11,780 Save it. 1812 02:36:11,900 --> 02:36:12,580 It's Moni's turn. 1813 02:36:13,220 --> 02:36:14,060 Thank you. 1814 02:36:14,200 --> 02:36:15,160 You can make the right decision. 1815 02:36:15,520 --> 02:36:16,000 Moni. 1816 02:36:16,020 --> 02:36:16,820 It's your turn. 1817 02:36:21,760 --> 02:36:22,940 Thank you, Mama Ayana. 1818 02:36:25,100 --> 02:36:29,520 Moor, council, staff, and community. 1819 02:36:30,560 --> 02:36:37,020 I speak in my personal capacity as a resident of Berkeley, a proud graduate of UC Berkeley. 1820 02:36:37,020 --> 02:36:50,520 Go Bears, proud mom of Matthew Raw, oh wait, I have stopped the clock. I forgot to get my extra minutes. Oh, I had some people offering. Can you please raise your hands with all those who offered one, two, wait, who's the second person? 1821 02:36:53,160 --> 02:37:00,060 That's one. Please, I'm sorry. I can't see you, Grace. I couldn't see you around the grace and 1822 02:37:01,940 --> 02:37:03,920 Okay, I guess I just have two and that's a total. 1823 02:37:03,920 --> 02:37:04,660 Oh, I have another. 1824 02:37:05,140 --> 02:37:05,740 What's your name here? 1825 02:37:05,760 --> 02:37:07,280 Sorry, could you stand if I can? 1826 02:37:07,440 --> 02:37:07,780 So I can see. 1827 02:37:08,020 --> 02:37:08,580 Yeah, thank you. 1828 02:37:08,880 --> 02:37:08,960 Okay. 1829 02:37:08,960 --> 02:37:09,880 I don't know your name. 1830 02:37:11,080 --> 02:37:11,800 Thank you. 1831 02:37:12,220 --> 02:37:13,400 So that's a total of four minutes. 1832 02:37:14,140 --> 02:37:15,200 I was going to say you're on her. 1833 02:37:16,000 --> 02:37:16,720 I'm in a turn. 1834 02:37:17,740 --> 02:37:19,060 I think five years at that time. 1835 02:37:19,660 --> 02:37:20,940 You've used 20 seconds. 1836 02:37:21,200 --> 02:37:22,800 So far so you've got three minutes, 40 seconds left. 1837 02:37:22,820 --> 02:37:23,060 Go ahead. 1838 02:37:23,200 --> 02:37:24,300 Thank you. 1839 02:37:28,600 --> 02:37:30,980 I have a plea to each of you on a diet. 1840 02:37:30,980 --> 02:37:34,260 to follow the wise words of Maya Angelou. 1841 02:37:34,600 --> 02:37:38,520 When someone shows you who they are, believe them the first time. 1842 02:37:39,460 --> 02:37:44,520 I also speak as a proud employee of the city of Berkeley, a member of SCIU 1021. 1843 02:37:44,840 --> 02:37:47,980 It was one of many employees who received a letter a couple of weeks ago saying I'm on 1844 02:37:47,980 --> 02:37:52,340 the chopping block after 15 years with the city which I've been working for. 1845 02:37:52,760 --> 02:37:59,580 So I may be retired earlier than expected, but I have bumping rights, but I don't want 1846 02:37:59,580 --> 02:38:04,800 to eliminate a newer employee and have them lose their jobs so I can keep mine. 1847 02:38:04,980 --> 02:38:10,020 I ask you, is this worth it to pay for this and to lose good city employees, to lose 1848 02:38:10,020 --> 02:38:15,380 the wellness, the heating, the warming center, that's on the chopping block. 1849 02:38:15,560 --> 02:38:19,400 Other things are on the chopping block that are essential cares and needs of the city. 1850 02:38:19,500 --> 02:38:25,600 I ask you, and I ask you to think of this, finances, flux, cost is too much in litigation, 1851 02:38:25,600 --> 02:38:29,540 prior trial lawyer of 25 years continue to go practice at Washington State. 1852 02:38:30,160 --> 02:38:36,300 Other cities, 50 other cities have contracted and ended their contracts for reasons of 1853 02:38:36,300 --> 02:38:43,580 irregularity and illegality and exposure to federal offices of police that should not have 1854 02:38:43,580 --> 02:38:45,900 had our information, but they did. 1855 02:38:46,280 --> 02:38:50,500 Why would we subject ourselves with financial losses under litigation as well as well 1856 02:38:50,500 --> 02:38:51,240 it not being safe? 1857 02:38:51,260 --> 02:38:51,900 What's the safety? 1858 02:38:51,900 --> 02:39:04,060 I have started the Berkeley Community Safety Coalition, but not very clearly any members here, the definition of safety is that we feel no harm. 1859 02:39:04,620 --> 02:39:15,940 We feel no loss. We feel community connection. We feel no danger. We feel no injury. There are many people who have been harmed by a flock and we should not be among them. 1860 02:39:15,940 --> 02:39:22,380 Finally, we have Berkeley values that I plead to you to sustain. 1861 02:39:23,280 --> 02:39:28,260 In Berkeley, I was proud to be part of the anti-apartied movement in South Africa and 1862 02:39:28,260 --> 02:39:31,380 Nelson Mandela, thank the people of Berkeley for our work. 1863 02:39:31,880 --> 02:39:34,120 He would not be happy with you going with flock. 1864 02:39:34,740 --> 02:39:42,340 Also our city mayor, Guestner, pork lesson, had a lack of tear gas, police dogs and helicopters. 1865 02:40:00,050 --> 02:40:12,590 That were all part of the force of safety. Again, not for harm or danger and real loss, but for safety. Finally, there are words I'd like to share in my last minute. 1866 02:40:15,870 --> 02:40:21,490 I lost my sister six weeks ago to cancer and she was a lawyer as well. 1867 02:40:21,490 --> 02:40:24,930 And my parents taught me to stand up for justice. 1868 02:40:26,030 --> 02:40:29,530 They taught me the words of Micah in the Bible 6.8, 1869 02:40:30,490 --> 02:40:35,310 to walk humbly, to act justly, and to love mercy. 1870 02:40:35,950 --> 02:40:38,150 That's the city of Berkeley that I am proud of, 1871 02:40:38,230 --> 02:40:40,890 and hope that you will sustain by your proper vote tonight. 1872 02:40:41,430 --> 02:40:43,690 No one flock, please, dear God, please. 1873 02:40:48,290 --> 02:40:48,870 Thanks, Ronnie. 1874 02:40:50,430 --> 02:40:51,370 I'm getting another minute. 1875 02:40:53,810 --> 02:40:54,750 Okay, sorry. 1876 02:40:54,890 --> 02:40:55,770 I have 34 seconds. 1877 02:40:56,590 --> 02:40:58,030 Oh, I don't. 1878 02:40:58,030 --> 02:40:59,910 Here on the clock, she's saw 30 seconds. 1879 02:40:59,910 --> 02:41:02,050 I don't think you can give your. 1880 02:41:03,390 --> 02:41:04,430 Are you were finished, right? 1881 02:41:04,570 --> 02:41:04,790 Money. 1882 02:41:05,350 --> 02:41:06,090 I guess I've finished. 1883 02:41:06,130 --> 02:41:06,730 Yeah, okay. 1884 02:41:06,750 --> 02:41:07,270 Thank you. 1885 02:41:11,010 --> 02:41:12,190 Okay, next person, please. 1886 02:41:12,830 --> 02:41:13,590 Thank you. 1887 02:41:19,940 --> 02:41:25,160 My name is Sochi Sanchez and I must date white organizing manager with the California immigrant policy center. 1888 02:41:25,580 --> 02:41:27,560 Here in solidarity with the people of Berkeley. 1889 02:41:28,500 --> 02:41:29,880 I come from Los Angeles County. 1890 02:41:29,880 --> 02:41:35,280 For more than 11 months, the federal government has unconstitutionally in illegally rated 1891 02:41:35,280 --> 02:41:41,720 work sites, school graduations, day labor centers, churches, and community gatherings 1892 02:41:41,720 --> 02:41:43,180 to target street vendors. 1893 02:41:44,100 --> 02:41:50,000 From LA, Long Beach, Ontario, and the Twin Cities of Minnesota, ICE, not only separates 1894 02:41:50,000 --> 02:41:55,100 families, they shoot to kill and have executed U.S. citizens with impunity. 1895 02:41:55,100 --> 02:42:01,860 do not use fraud to expand surveillance. As we have seen with the sharing of IRS information 1896 02:42:01,860 --> 02:42:07,740 to target item holders and now the data sharing by the California D&B, the federal government 1897 02:42:07,740 --> 02:42:15,140 will abuse this information and use it to terrorize you. You directly, your neighbors, 1898 02:42:15,740 --> 02:42:22,760 observers, protesters, people of color and the working poor. This city council must not 1899 02:42:22,760 --> 02:42:26,480 invest in weaponized technology to criminalize the people of Berkeley. Thanks. 1900 02:42:30,690 --> 02:42:34,650 Okay, folks. I know there's a lot of talking going on. Please. 1901 02:42:37,360 --> 02:42:45,660 Hi, my name is Micah. I live in district six and I am a public school therapist and social worker. 1902 02:42:45,660 --> 02:42:52,200 And when I get to work and I meet with kids and families, it's obvious who I serve. 1903 02:42:52,760 --> 02:43:00,380 When Frog exploits Filipino workers, I meet with billionaire and magazine homens, is obvious who they serve. 1904 02:43:01,180 --> 02:43:05,620 Y'all are elected public servants, so it should be obvious who y'all serve. 1905 02:43:06,940 --> 02:43:07,760 But it's not. 1906 02:43:08,860 --> 02:43:13,160 So once again, you have a room full of constituents, beautiful constituents. 1907 02:43:18,780 --> 02:43:26,880 I can't believe I have to bite my nails one thing if our sanctuary city of Berkeley is going to listen to us. 1908 02:43:27,360 --> 02:43:34,900 Or to listen to mega fascist funders. Who considers extremists and terrorists too? 1909 02:43:35,880 --> 02:43:38,300 Right now the deal does not make sense financially. 1910 02:43:39,140 --> 02:43:39,760 Thanks so much. 1911 02:43:39,760 --> 02:43:41,640 Please let us rest. Thank you. 1912 02:43:49,640 --> 02:43:55,660 Michael Lyon, I'm just listening to this conversation that's 1913 02:43:55,660 --> 02:44:00,880 going on about should this contract be accepted. 1914 02:44:04,420 --> 02:44:07,680 And all this stuff is going on about 1915 02:44:07,680 --> 02:44:13,260 what the compensation should be if something should go wrong. And this is insane. 1916 02:44:15,680 --> 02:44:16,720 We're talking about 1917 02:44:16,720 --> 02:44:23,460 somebody's life, somebody's kids being, being sent out of the country. And for, for Mr. 1918 02:44:23,700 --> 02:44:34,260 flock here, this is just a cost of doing business. Every person who's kidnapped is maybe $200, 1919 02:44:34,980 --> 02:44:39,020 $200,000 out of their profits. It's nothing. It's a drop in the bucket. 1920 02:44:41,560 --> 02:44:42,140 Yeah, really, 1921 02:44:42,140 --> 02:44:44,060 book. So, 1922 02:44:47,380 --> 02:44:51,420 you know, someday we're going to be able to over throw 1923 02:44:51,420 --> 02:44:56,460 copying you and get ready. Thank you so much. Thank you. 1924 02:45:01,200 --> 02:45:26,620 I am here speaking separately on behalf of the Cal Berkeley Democrats. I would first like to recognize the community gathered here today. And remotely, a community upon which the discussions made today will either strengthen or fracture the ever precarious public trust in our institutions. By that, I mean the rapid expansion of a surveillance state. 1925 02:45:27,620 --> 02:45:32,300 Being weaponized in ways that threaten the very civil rights generations have fought to protect. 1926 02:45:33,780 --> 02:45:42,460 When Benjamin Franklin spoke of liberty over security, could he have imagined that our law-biting residents would be the primary targets of the Patriot Act? 1927 02:45:43,120 --> 02:45:46,760 And acts that has been in place longer than many of us in this room were live for. 1928 02:45:47,760 --> 02:45:50,440 A weapon that was used to discredit our Islamic community. 1929 02:45:50,440 --> 02:46:04,440 And now we are expected to sacrifice our community once more to flock and organization willing to see our people remove from a society we have poured our blood sweat and tears into all in a name of security and profit. 1930 02:46:05,560 --> 02:46:08,860 Where now do the winds blow council members. 1931 02:46:09,160 --> 02:46:14,690 By advocating for flock you have shown your distrust for the residents and the faces you see here today. 1932 02:46:15,790 --> 02:46:21,050 You are forcing our immigrant community into hiding, but the greatest humiliation of all is 1933 02:46:21,050 --> 02:46:27,410 the fact that you have forsaken morality for security in the eyes of everyone present here 1934 02:46:27,910 --> 02:46:33,330 today. I call on you to rescind your supporter flock. If not for the people standing here today, 1935 02:46:34,910 --> 02:46:39,370 then do it for the future generations that may never get to enjoy the freedom many of us take 1936 02:46:39,370 --> 02:46:45,910 granted here today. The question before you is not what keeps us safe today, but what kind of society we 1937 02:46:45,910 --> 02:46:51,610 leave behind tomorrow? Because I didn't serve my country as an emancipated 17 year-old for surveillance. 1938 02:46:52,130 --> 02:46:53,050 I did it for them. 1939 02:46:55,470 --> 02:46:59,210 The residents of Berkeley here today stand for our immigrants. We stand for 1940 02:46:59,210 --> 02:47:04,630 our vulnerable, and we stand proud because we stand strongest together. We'll be remembered here 1941 02:47:04,630 --> 02:47:10,110 today for refusing to yield to fear, for refusing to divide our community, and refusing to sacrifice 1942 02:47:10,110 --> 02:47:14,750 our freedom. The question is whether you will have the backbone to do the same. 1943 02:47:32,180 --> 02:47:36,300 My name is Clara. I'm student and a resident of District 7 and I urge you all to terminate 1944 02:47:36,300 --> 02:47:40,640 Berkeley's contract with Flock. We've heard a lot tonight about how Flock doesn't have any 1945 02:47:40,640 --> 02:47:46,360 direct contracts with ISR CVP as if that's supposed to reassure us. As if the fact that you're 1946 02:47:46,360 --> 02:47:52,620 leading the industry is supposed to impress us. Even without direct contracts to ISR CVP, these 1947 02:47:52,620 --> 02:47:56,400 agencies still have been able to obtain flock camera footage through backdoor methods. 1948 02:47:57,080 --> 02:48:00,640 Even if we are to believe the promises that the flock representative has made tonight, 1949 02:48:00,760 --> 02:48:05,340 which I do not, and I don't think any of us here do, how can flock ensure that their data 1950 02:48:05,340 --> 02:48:08,820 is not accessed by federal agencies without their knowledge or their permission? 1951 02:48:09,620 --> 02:48:14,120 We've heard a lot about how flock does not utilize facial recognition technology, as if that 1952 02:48:14,120 --> 02:48:15,700 is supposed to reassure us. 1953 02:48:16,120 --> 02:48:19,800 Even if we believe that this technology can only track people based on their clothing, 1954 02:48:19,800 --> 02:48:22,940 which I do not, and I don't think any of us do. 1955 02:48:23,360 --> 02:48:27,100 How are we to be certain that facial recognition technology will not be implemented in the future? 1956 02:48:27,420 --> 02:48:31,640 That we won't all be back here in a few months or a few years, fighting extensions to the contract. 1957 02:48:32,020 --> 02:48:34,300 The only option is to terminate the contract completely. 1958 02:48:34,580 --> 02:48:35,240 Thanks so much. 1959 02:48:42,830 --> 02:48:44,890 Heather, I think I have one more minute from the crowd. 1960 02:48:45,410 --> 02:48:45,990 Thank you. 1961 02:48:46,510 --> 02:48:49,950 I've also taken, I've heard some technical difficulties are happening on Zoom. 1962 02:48:50,450 --> 02:48:52,050 So I don't know if someone can take a look at that. 1963 02:48:52,090 --> 02:48:54,190 People are getting kicked out and have trouble rejoining. 1964 02:48:54,870 --> 02:48:56,730 So I guess I'll go ahead and start. 1965 02:48:57,050 --> 02:48:57,390 Thank you. 1966 02:49:00,150 --> 02:49:00,870 Good evening, Council. 1967 02:49:01,050 --> 02:49:04,490 My name is Jason Martens, and at 330 today, 1968 02:49:04,630 --> 02:49:08,070 I had to take my daughter to the ER, but thankfully they're fine, 1969 02:49:08,270 --> 02:49:11,950 but I'm here anyway, because that's how important this issue is. 1970 02:49:14,230 --> 02:49:16,630 I've been canvassing for months now in Berkeley. 1971 02:49:16,710 --> 02:49:20,890 I think I've easily talked to 400 Berkeley citizens about this issue. 1972 02:49:21,610 --> 02:49:29,290 And what is clear from my experience and I think corroborated in this room is that this issue is massively unpopular. 1973 02:49:30,490 --> 02:49:34,590 Many people I talked to first express surprise that we are doing this in Berkeley. 1974 02:49:35,650 --> 02:49:40,270 Then they are expressed shock that a majority of the council is supporting it. 1975 02:50:00,000 --> 02:50:07,500 We all dreamed it was. To the council, I would like to know why you are supporting a proposal with overwhelming 1976 02:50:07,500 --> 02:50:15,000 opposition. What's in it for you? I would like to also like to know what motivates you to go against what is 1977 02:50:15,000 --> 02:50:24,120 clearly the desire of your constituents. So I'm here for a third time to ask you to vote no. And if you 1978 02:50:24,120 --> 02:50:28,720 Well, yes, I want you to know that we will be holding you until the contract is cancelled. 1979 02:50:30,660 --> 02:50:31,700 Thank you. 1980 02:50:31,760 --> 02:50:33,040 Thank you. 1981 02:50:37,740 --> 02:50:37,940 Hello. 1982 02:50:38,480 --> 02:50:39,940 I have two extra minutes. 1983 02:50:42,840 --> 02:50:44,060 Sorry, I saw one here. 1984 02:50:44,800 --> 02:50:45,060 Oh, 1985 02:50:47,460 --> 02:50:49,200 I can't. 1986 02:50:49,460 --> 02:50:49,660 Okay. 1987 02:50:50,160 --> 02:50:50,640 Thank you. 1988 02:50:50,920 --> 02:50:51,580 Okay, great. 1989 02:50:55,640 --> 02:50:56,580 My name is Joseph Olman. 1990 02:50:56,780 --> 02:50:57,780 I live here in Berkeley. 1991 02:50:58,320 --> 02:51:01,680 And I'm an animal cruelty investigator with an animal rights network. 1992 02:51:02,200 --> 02:51:04,580 Nonviolent called direct action everywhere. 1993 02:51:04,580 --> 02:51:16,910 I'm here tonight because I'm one of the people who flock has already been used against twice by law enforcement and this is in direct connection with my activism. 1994 02:51:18,190 --> 02:51:26,470 According to the Electronic Frontier Foundation, released records documented two separate instances of law enforcement querying the flock network to surveillance. 1995 02:51:26,470 --> 02:51:34,050 name, both tied to my work exposing animal cruelty, not for violent crime, not for a public 1996 02:51:34,050 --> 02:51:40,530 safety threat for activism. I currently face two years, I'm 1997 02:51:40,530 --> 02:51:46,190 correction, two felony charges, and six and a half years, in prison, for rescuing sick, 1998 02:51:46,530 --> 02:51:53,330 amaciated baby goats from a mineberg supplier, a supplier to Whole Foods, and they use the 1999 02:51:53,330 --> 02:51:58,530 certified humane label. The goats that I'm charged with felonies for rescuing 2000 02:51:58,530 --> 02:52:05,230 were dying. Necrofts confirmed coxidiosis, severe respiratory infection, and 2001 02:52:05,230 --> 02:52:10,250 starvation at this facility here in California. Other goats from that same facility 2002 02:52:10,250 --> 02:52:16,390 were dumped by the dozens in a mass grave. This is what investigators like me 2003 02:52:16,390 --> 02:52:21,630 try to expose, and that is the kind of work that flock is being used to track. 2004 02:52:23,450 --> 02:52:29,550 The EFS investigation this past year documented that my own organization direct action everywhere 2005 02:52:29,550 --> 02:52:34,410 has been targeted across Flock Network, including nine queries by the Delaware State Police 2006 02:52:34,410 --> 02:52:36,430 in a single month last year. 2007 02:52:36,910 --> 02:52:41,630 I was charged in Delaware, in connection with that last year, and I was exposed for those charges 2008 02:52:41,630 --> 02:52:42,730 in Delaware last year. 2009 02:52:44,070 --> 02:52:48,620 The same investigation by the EFS found agencies running Flock searches, tied to 2010 02:52:48,620 --> 02:52:50,780 with no king's protests to abortion seekers 2011 02:52:50,780 --> 02:52:53,460 and using racial slurs against Romani people. 2012 02:52:54,020 --> 02:52:56,340 This is the system Berkeley is being asked to renew. 2013 02:52:57,720 --> 02:53:00,520 This op-ed, the op-ed from four council members 2014 02:53:00,520 --> 02:53:02,320 says flock is just another piece 2015 02:53:02,320 --> 02:53:04,120 of an existing surveillance landscape 2016 02:53:04,580 --> 02:53:06,260 so they're refusing to change his little. 2017 02:53:07,860 --> 02:53:10,440 With respect, that is the same exact argument 2018 02:53:10,440 --> 02:53:12,300 that's been used for the past 20 years 2019 02:53:12,300 --> 02:53:13,700 for surveillance systems. 2020 02:53:15,520 --> 02:53:17,400 You're being asked tonight to a new contract 2021 02:53:17,400 --> 02:53:22,480 that has already been used to surveil a Berkeley resident for exposing corporate cruelty. 2022 02:53:23,200 --> 02:53:27,320 I am that resident. I'm asking you directly, reject flock. 2023 02:53:31,410 --> 02:53:32,310 Thank you. Thank you. 2024 02:53:34,230 --> 02:53:35,550 Come on up, my my Anna. 2025 02:53:39,830 --> 02:53:48,610 Are you taking both? Yeah. Okay, one here. I don't use and then this 2026 02:53:48,610 --> 02:53:55,410 person in the back. Okay. Thank you. Greetings council. My name is Ayanna Davis. I am currently 2027 02:53:55,410 --> 02:54:03,630 the vice president of the newly formed nonprofit equity for Black Berkeley, former executive 2028 02:54:04,130 --> 02:54:18,130 director for Healthy Black Families. While at Healthy Black Families with the mayor, 2029 02:54:18,130 --> 02:54:19,550 black Berkeley initiative. 2030 02:54:21,570 --> 02:54:26,210 And as part of that initiative over two years, we did 12 people's 2031 02:54:26,210 --> 02:54:36,690 assemblies all over the city. We had 16 weeks of advocacy training. We did three community 2032 02:55:00,000 --> 02:55:08,380 I came in contact with thousands of Berkeley residents. I am a mother who lost their son to violence. They knew 2033 02:55:08,380 --> 02:55:16,560 who killed my son, even when they closed his call case, they told me they knew. Alex Goodwin, 2034 02:55:17,020 --> 02:55:25,880 my co-worker, Kamika Patterson Smith, her son was killed. The whole community knew who killed 2035 02:55:25,880 --> 02:55:30,340 it's fun. None of the murderers of our sons have been prosecuted. 2036 02:55:32,440 --> 02:55:40,780 All right, you know, but my point being in the course of my experience, and in the course 2037 02:55:40,780 --> 02:55:47,880 of our people's assembly and the data that we have that we share with the city, at no point 2038 02:55:47,880 --> 02:55:51,980 was mass surveillance, a priority for the people. 2039 02:55:53,080 --> 02:55:59,840 At no point, do we believe mass surveillance has lowered crime in Berkeley? 2040 02:55:59,900 --> 02:56:02,960 It is our work that has lowered crime. 2041 02:56:03,660 --> 02:56:09,660 It is our coming together with our neighbors and our community that has lowered time. 2042 02:56:10,220 --> 02:56:11,440 It is education. 2043 02:56:12,580 --> 02:56:13,620 It is outreach. 2044 02:56:14,080 --> 02:56:21,960 It is shared love and understanding that it is the work of the people that create 2045 02:56:21,960 --> 02:56:28,940 community and a place where our children can live and grow and thrive. Now I've lived in 2046 02:56:28,940 --> 02:56:34,800 the same house on the same street for the past 45 years. My family has been here since the late 2047 02:56:35,620 --> 02:56:42,940 1880s built historical homes that are still standing. I'm a Berkeley person and I will tell you 2048 02:56:42,940 --> 02:56:54,820 I have seen what has created crime and it is poverty, it is the red lining, it is the displacement, 2049 02:56:56,040 --> 02:56:58,380 it is the unhoused community. 2050 02:56:59,160 --> 02:57:05,500 If we're spending money on anything, it should be affordable, not just affordable housing, 2051 02:57:05,720 --> 02:57:08,940 people can live afford to live in. 2052 02:57:12,530 --> 02:57:14,550 We all need to put your phones down. 2053 02:57:14,750 --> 02:57:15,830 I just want to say that. 2054 02:57:16,230 --> 02:57:17,310 Pay attention to the people. 2055 02:57:17,510 --> 02:57:20,030 We don't have much time for our voice. 2056 02:57:20,330 --> 02:57:21,510 Listen, please. 2057 02:57:22,050 --> 02:57:22,910 Who's backfully? 2058 02:57:24,990 --> 02:57:27,730 So I say this to you. 2059 02:57:27,790 --> 02:57:31,610 We're coming together and creating a workforce development coalition 2060 02:57:31,610 --> 02:57:35,270 and a collaborative as we build the Adline Quarter. 2061 02:57:35,770 --> 02:57:39,850 We know you plan on turning San Pablo Avenue into 2062 02:57:39,850 --> 02:57:43,530 what's I hear little man hadn't, 2063 02:57:43,650 --> 02:57:45,210 who's gonna do that work? 2064 02:57:45,730 --> 02:57:47,850 We have to get people trained and ready. 2065 02:57:48,370 --> 02:57:50,770 You need to be a council with vision 2066 02:57:50,770 --> 02:57:55,050 and create a community that has employment 2067 02:57:55,050 --> 02:57:56,090 for the people. 2068 02:57:56,290 --> 02:57:57,270 Good jobs. 2069 02:57:57,830 --> 02:58:00,650 Invest in that, invest in workforce development. 2070 02:58:01,410 --> 02:58:04,010 Invest into the Black Arts and Cultural District 2071 02:58:04,010 --> 02:58:05,750 and to a hard for our youth, 2072 02:58:05,890 --> 02:58:07,110 so they can sell to your. 2073 02:58:07,270 --> 02:58:07,730 Thank you. 2074 02:58:07,790 --> 02:58:08,190 Thanks for my help. 2075 02:58:08,190 --> 02:58:08,930 I love y'all. 2076 02:58:09,650 --> 02:58:10,730 Thank you. 2077 02:58:10,810 --> 02:58:11,650 Raise your head. 2078 02:58:12,070 --> 02:58:13,690 Mommy on this drop. 2079 02:58:14,170 --> 02:58:14,350 Mommy on. 2080 02:58:14,550 --> 02:58:15,970 Thank you. 2081 02:58:25,040 --> 02:58:26,020 I believe a few people did in the game. 2082 02:58:26,020 --> 02:58:26,380 Oh, wait. 2083 02:58:26,560 --> 02:58:26,800 Sorry. 2084 02:58:28,600 --> 02:58:28,760 OK. 2085 02:58:29,260 --> 02:58:30,220 You've never been at for him. 2086 02:58:30,760 --> 02:58:31,980 So two minutes. 2087 02:58:34,360 --> 02:58:34,760 Three. 2088 02:58:35,280 --> 02:58:35,820 Oh, wait. 2089 02:58:35,820 --> 02:58:36,040 Hold on. 2090 02:58:36,040 --> 02:58:37,660 I can't see that person who's sitting there. 2091 02:58:37,920 --> 02:58:38,000 OK. 2092 02:58:38,160 --> 02:58:38,760 Thank you. 2093 02:58:39,040 --> 02:58:39,440 OK, guy. 2094 02:58:48,730 --> 02:58:49,450 Hey, you're a foretotal. 2095 02:58:59,760 --> 02:59:02,340 I would expect better from the city 2096 02:59:02,340 --> 02:59:04,800 that has these flags behind them. 2097 02:59:05,020 --> 02:59:06,440 I would expect better. 2098 02:59:06,440 --> 02:59:15,040 from the city that is this diverse, that is this noted for their civil rights work. 2099 02:59:16,990 --> 02:59:21,170 Frock is a known collaborator with the Trump administration. 2100 02:59:22,550 --> 02:59:25,990 They are a known collaborator with the H.S. 2101 02:59:26,390 --> 02:59:37,350 In fact, the H.S. has a law in place that bars Frock from actually having them show up 2102 02:59:37,350 --> 02:59:43,350 any sort of audit. People have mentioned it before. And can you remind me, what was that county, 2103 02:59:43,570 --> 02:59:46,330 or was that city that actively violates that rule? 2104 02:59:48,650 --> 02:59:51,090 A couple, I can't even figure out which, 2105 02:59:51,410 --> 02:59:57,590 because it's that notable. None of these counties, none of these cities are paying attention. 2106 03:00:00,110 --> 03:00:08,750 We do not need this needless violence brought into the Bay Area. I'm from San Jose. We fail to stop our 2107 03:00:08,750 --> 03:00:15,850 flock contract because Mayor Matt at Mayhand is bought and paid for by them. Don't make the same mistake 2108 03:00:15,850 --> 03:00:25,330 as that man. You have the chance right now to make a better world for your community, to be an example 2109 03:00:25,330 --> 03:00:31,530 to the rest of the world. Berkeley has always been an example from the civil rights perspective 2110 03:00:31,530 --> 03:00:36,710 in my opinion. Hey, put down your phone, buddy. I'm not done talking. 2111 03:00:40,320 --> 03:00:42,580 This is the moment 2112 03:00:42,580 --> 03:00:52,360 where you decide whether or not you are complicit in the hunt of vulnerable people. This is 2113 03:00:52,360 --> 03:00:58,520 moment where you decide whether or not you wish to allow 2114 03:00:58,520 --> 03:01:03,460 trans folks to be hunted, whether you allow 2115 03:01:03,460 --> 03:01:07,840 day laborers to be stalked, whether you allow 2116 03:01:08,360 --> 03:01:10,340 mothers to be killed. 2117 03:01:12,420 --> 03:01:14,680 I hope to pray to God that you 2118 03:01:14,680 --> 03:01:18,800 make the right decision here today because your decision 2119 03:01:18,800 --> 03:01:22,340 has an impact on the rest of the Bay area. Your decision 2120 03:01:22,340 --> 03:01:30,760 vision is not in a bubble here. All of these individuals have been pleading you and begging 2121 03:01:30,760 --> 03:01:37,900 you to make the right decision, the clear decision, which is, don't even bother with a contract 2122 03:01:37,900 --> 03:01:41,740 with flock. Send that man packing with nothing. 2123 03:01:43,860 --> 03:01:47,320 Because he deserves nothing from you. 2124 03:01:53,740 --> 03:01:54,120 He deserves 2125 03:01:54,120 --> 03:01:58,380 and take and take until nothing is left. 2126 03:01:58,960 --> 03:02:02,760 You will not see a dime of that money if something goes wrong 2127 03:02:02,760 --> 03:02:05,280 because they will fight it in litigation. 2128 03:02:06,600 --> 03:02:09,500 You will not see a dime of sympathy 2129 03:02:09,500 --> 03:02:12,180 from the federal government when it happens 2130 03:02:12,180 --> 03:02:13,780 and it will happen. 2131 03:02:15,610 --> 03:02:18,410 Do not be a coward and a traitor to your people 2132 03:02:18,410 --> 03:02:21,830 who are looking to you to be their voice. 2133 03:02:23,750 --> 03:02:30,750 You have the chance to make the right choice here, and in case it wasn't clear, you keep that. 2134 03:02:32,590 --> 03:02:32,770 Thank you. 2135 03:02:34,590 --> 03:02:35,410 Thank you. 2136 03:02:35,410 --> 03:02:36,990 Thank you. 2137 03:02:45,220 --> 03:02:46,580 Hi, again. 2138 03:02:47,320 --> 03:02:48,100 I'm David Allen. 2139 03:02:48,440 --> 03:02:49,040 A Berkeley resident. 2140 03:02:49,800 --> 03:02:55,020 This massive surveillance expansion is far past the point where quantitative becomes qualitative. 2141 03:02:55,720 --> 03:03:01,040 The hardware may already be used in Berkeley, but it builds a network that has the ability 2142 03:03:01,040 --> 03:03:03,920 to track a person from their work, to their appointments, 2143 03:03:04,400 --> 03:03:05,840 to their family, and their home. 2144 03:03:06,960 --> 03:03:10,320 That's facilitated by their patent pending individual recognition. 2145 03:03:11,000 --> 03:03:12,560 They're attempted digitally fingerprint 2146 03:03:12,560 --> 03:03:15,560 each of us without using the word's facial recognition. 2147 03:03:16,320 --> 03:03:19,260 There are many factors that the individual recognition 2148 03:03:19,260 --> 03:03:22,540 machine learning uses that similar left out. 2149 03:03:23,340 --> 03:03:25,780 It uses race, it uses body characteristics. 2150 03:03:26,660 --> 03:03:27,920 It uses walking aid. 2151 03:03:27,920 --> 03:03:30,920 I have that pattern in my hand. 2152 03:03:32,140 --> 03:03:33,920 It is software, not hardware. 2153 03:03:35,500 --> 03:03:40,460 And tonight, the Berkeley BD said that they would use that capability if it was available. 2154 03:03:41,560 --> 03:03:42,940 Flock pushes every boundary. 2155 03:03:43,540 --> 03:03:48,160 It took four or four media doing an expose for Flock to back off. 2156 03:03:48,300 --> 03:03:49,640 Thank you. 2157 03:03:53,690 --> 03:03:56,710 I had an additional minute from Skip. 2158 03:03:57,190 --> 03:03:58,410 It's supposed to be in the room. 2159 03:03:58,410 --> 03:04:01,690 I'm going to go switch, okay, okay, thank you, thank you. 2160 03:04:01,850 --> 03:04:07,550 Okay, flocc saying that they will not date a share with ICE or border patrol as a red 2161 03:04:07,550 --> 03:04:13,110 hearing, because under this current federal administration, everything is upside down. 2162 03:04:13,430 --> 03:04:20,590 No federal agency at this point can be trusted to not engage in abuse of power. 2163 03:04:20,590 --> 03:04:31,030 Office of Civil Rights created to protect civil rights of persons are now entrusted with 2164 03:04:31,030 --> 03:04:36,270 actually investigating transgender treatment and immigration. 2165 03:04:37,170 --> 03:04:39,310 That's what they're doing at the Office of Civil Rights. 2166 03:05:00,000 --> 03:05:08,100 Including for women that are in the country under the Violence Against Women's Act, because they're immigrants. 2167 03:05:09,860 --> 03:05:22,860 A 295,000, or 295,000 dollar fine. It may sound overwhelming to us in the room, but it's nothing to a billionaire investor. It's a drop in the bucket. 2168 03:05:22,860 --> 03:05:27,920 You follow the investors, you follow the gentleman interest. 2169 03:05:29,420 --> 03:05:41,360 So, you heard recently a report from the city auditor on non-competitive contracts and there seemed to be a commitment that going forward all contracts we're going to be competitive. 2170 03:05:41,900 --> 03:05:43,420 So, what's the difference here? 2171 03:05:44,260 --> 03:05:46,380 Why is there no non-competitive content? 2172 03:05:46,440 --> 03:05:48,040 Why is there not competition here? 2173 03:05:48,200 --> 03:05:52,240 Why is everything directed towards Flock at their word? 2174 03:05:52,240 --> 03:06:04,620 And it's the same as declaring that we're sanctuary city and then engaging with flock who has violated the rights. 2175 03:06:05,940 --> 03:06:07,900 And we can't be both. 2176 03:06:08,160 --> 03:06:08,820 It's inconsistent. 2177 03:06:10,080 --> 03:06:10,720 Thank you. 2178 03:06:10,960 --> 03:06:11,520 Thanks, Carol. 2179 03:06:16,520 --> 03:06:16,660 Hi. 2180 03:06:16,820 --> 03:06:19,920 I just had something I wanted to point out, which is that earlier this meeting. 2181 03:06:20,240 --> 03:06:25,700 I heard Jen Lewis refer to a term we weren't sure about when referencing the flock database. 2182 03:06:25,700 --> 03:06:34,640 And I assume that Jen Lewis is referring to the time when Brookley's flock data was searched with the terms ice and CVP because that did happen. 2183 03:06:35,360 --> 03:06:41,900 If this is what she's talking about, I think that that's an appalling way to downplay the severity of those search terms. 2184 03:06:41,900 --> 03:06:50,560 The BD can say that they've prevented this kind of search from happening again by turning off the statewide look-up feature on the database so that other agencies can access the data. 2185 03:06:51,040 --> 03:06:58,620 But last meeting, Jen Lewis said herself that SFPD and OPD and other counties and police departments would also have access to this data. 2186 03:06:59,120 --> 03:07:02,680 Any police officer from any of those counties could access and share a bookly data. 2187 03:07:03,040 --> 03:07:09,200 You can say that you own the data, but you have not addressed that the other police departments have access to it and you don't control them. 2188 03:07:09,200 --> 03:07:19,440 Floxy to base already searched that with the terms ICE and CBP. I don't know why we're speaking about federal access. I was a hypothetical. It's not hypothetical. It's already happens. Thank you. 2189 03:07:25,950 --> 03:07:28,010 No unblock reject the contract. 2190 03:07:28,150 --> 03:07:37,570 I want to speak to a Spineless and absurd op-ed that we saw come out this week. That was full of disingenuous arguments and outright lies. 2191 03:07:37,570 --> 03:07:45,650 There are some lines you should still be afraid to cross, and this is one being a foot 2192 03:07:45,650 --> 03:07:52,490 soldier of fascism is one. And if you don't care about us, which we are seeing from this 2193 03:07:52,490 --> 03:07:58,370 op-ed, is your case, you should care about the litigation that is coming your way because 2194 03:07:58,370 --> 03:08:05,470 it is coming and it is going to be brutal. When legislators fail us, it is up to litigation to 2195 03:08:05,470 --> 03:08:13,730 us and that fact is so sad and it is absurd and appalling that you could even think of bringing 2196 03:08:13,730 --> 03:08:21,470 us to that case, reject the contract, no one flock, listen to everybody here tonight, listen 2197 03:08:21,470 --> 03:08:23,390 to them. Listen to them. 2198 03:08:25,770 --> 03:08:26,750 Thank you. 2199 03:08:33,780 --> 03:08:38,160 My name is Sophia. I'm a resident of District 3. The job of any 2200 03:08:38,160 --> 03:08:43,660 place that calls itself a sanctuary city is to gum up the gears of fascism and authoritarianism 2201 03:08:43,660 --> 03:08:49,540 however we can. Why in the world would you choose instead to serve up weapons on a silver 2202 03:08:49,540 --> 03:08:54,040 platter that will be used and have already been used against not only the most vulnerable 2203 03:08:54,040 --> 03:08:58,980 and overpolice among us, but also against anyone who dares speak out against the government? 2204 03:08:59,800 --> 03:09:04,860 The only way Berkeley can prevent sharing data with ICE or with the feds is to not generate 2205 03:09:04,860 --> 03:09:10,140 and not hold that data in the first place. And certainly not to store it with flock. 2206 03:09:11,360 --> 03:09:17,640 stand with your people, reject, flock, and don't do the fascists job for them. 2207 03:09:18,000 --> 03:09:18,940 Thank you. 2208 03:09:22,510 --> 03:09:24,490 Two minutes. 2209 03:09:25,910 --> 03:09:26,770 Oh, sorry. 2210 03:09:26,990 --> 03:09:27,550 Hold on. 2211 03:09:27,610 --> 03:09:28,750 I need two people to raise their hand. 2212 03:09:29,030 --> 03:09:29,470 Okay, one. 2213 03:09:30,650 --> 03:09:33,150 And then this person in the back corner can you stand. 2214 03:09:33,230 --> 03:09:34,910 So I can just, oh, thank you. 2215 03:09:38,820 --> 03:09:39,100 Go. 2216 03:09:40,160 --> 03:09:43,460 It looks as if the headlines tomorrow may sadly read, 2217 03:10:00,000 --> 03:10:08,600 To deficit. Crime is down. The police chief understandably wants the latest bells and whistles, but the 2218 03:10:08,600 --> 03:10:15,780 Berkeley City Council is supposed to be the adult in the room. Other methods of fighting crime are 2219 03:10:15,780 --> 03:10:22,880 better proven less expensive, keep the money in our community and help locals. The police, again, 2220 03:10:23,100 --> 03:10:29,760 don't need every new bell and whistle. These cameras put the city at risk of liability, up to 60 2221 03:10:29,760 --> 03:10:34,920 million dollars according to the city attorney federal legislation could force us to take 2222 03:10:34,920 --> 03:10:39,480 the cameras down because of the deficit we might lose a fire station. 2223 03:10:40,100 --> 03:10:42,780 Crisis mental health services might be on the block. 2224 03:10:43,160 --> 03:10:46,460 Your constituents want fire stations not cameras. 2225 03:10:48,260 --> 03:10:52,760 We don't need to throw away two million dollars in risk multi-million dollar lawsuits 2226 03:10:53,380 --> 03:10:56,720 for new bells and whistles when crime is down. 2227 03:10:56,780 --> 03:10:58,100 Don't waste our money. 2228 03:10:59,350 --> 03:11:06,490 As the former chair of the Berkley Police Accountability Board stated, council members O'Keef 2229 03:11:06,490 --> 03:11:12,370 Humbert, Kesawani and Taplan and their published op-ed piece seem to have knowingly misrepresented 2230 03:11:12,370 --> 03:11:13,690 some things. 2231 03:11:14,430 --> 03:11:19,550 They didn't mention that the police accountability board strongly advised against this contract. 2232 03:11:19,830 --> 03:11:24,830 They didn't mention that the liability risks that they're aware of. 2233 03:11:24,830 --> 03:11:32,670 They do acknowledge that Frog has altered data sharing without permission, but imply that there's something we can do to manage that risk, which isn't the case. 2234 03:11:33,290 --> 03:11:38,510 They make false comparisons with our tracking devices on our phones, which we can control. 2235 03:11:40,350 --> 03:11:44,930 They imply that Crimes were solved, which would not have been solved without Frog. 2236 03:11:45,510 --> 03:11:50,490 Even though there's no way to prove that in a complex with the University of California Law Center analysis, 2237 03:11:50,490 --> 03:11:53,690 They don't mention that crime is markedly down already. 2238 03:11:54,190 --> 03:11:59,610 They don't mention the budget deficit that this purchase would exasperate, but black 2239 03:11:59,610 --> 03:12:05,230 of being as recent email to constituents makes similar misrepresentations and omissions. 2240 03:12:06,210 --> 03:12:11,350 Public officials who mislead their constituents should consider whether this position of trust 2241 03:12:11,350 --> 03:12:12,890 is really the right place. 2242 03:12:14,250 --> 03:12:19,610 The police accountability board says that the contract process broke city procedural rules 2243 03:12:19,610 --> 03:12:24,670 that should be enough to vote no. The police accountability board advises in general against 2244 03:12:24,670 --> 03:12:30,050 a flock contract that should be enough to vote no. The city attorney tells us that the contract 2245 03:12:30,050 --> 03:12:36,490 puts us at risk of a $60 million lawsuit. I ability that should be enough to vote no. The city 2246 03:12:36,490 --> 03:12:41,170 council members who plan to vote yes, admit this company has already shared data without permission. 2247 03:12:41,690 --> 03:12:46,570 That should be enough to vote no. The majority of citizens would have given feedback to not want 2248 03:12:46,570 --> 03:12:52,590 contract. That should be enough to vote no. There is a budget deficit and other things are 2249 03:12:52,590 --> 03:12:55,670 more important to have you enough to vote. Thank you so much. 2250 03:13:05,100 --> 03:13:09,880 These are not licensed play readers. One of them, sure. That's a licensed play reader. 2251 03:13:10,400 --> 03:13:15,940 A network of them that surrounds us and tracks our every movement puts it in a database can be 2252 03:13:17,440 --> 03:13:24,960 that's a pattern of life-logger detector. It's just wrong. And then okay, if it's just the city of 2253 03:13:24,960 --> 03:13:32,100 Berkeley doing this, just for, you know, solving 50 more crimes in a year. Okay, I'm still pissed off about it, 2254 03:13:32,480 --> 03:13:41,120 but it's way worse than that. I want you to ask Mr. Flock over there, again, pointedly. If the federal government asks for 2255 03:13:41,120 --> 03:13:48,360 or police citizens data with a gag order where you give it to them, where we know, because 2256 03:13:48,360 --> 03:13:53,860 the answer is yes, they will give it to them. No, we will never know. That means we are just 2257 03:13:53,860 --> 03:14:00,220 serving ourselves up on a silver platter to fascism. Don't do this. History will not look 2258 03:14:00,220 --> 03:14:06,900 kindly on this moment. Anyone who votes yes will be shamed. Please do not vote yes. Thank you. 2259 03:14:15,040 --> 03:14:19,420 My name is Jacob. I'm on the disaster and fire safety commission, but I'm just here as an individual today. 2260 03:14:20,820 --> 03:14:28,680 In addition to what everyone else said, which I 100% agree with, one thing that I wanted to talk about is the risk of data leaking to a third party. 2261 03:14:29,140 --> 03:14:34,580 I think all of those have credit card numbers or phone numbers that are kind of out there on the internet and we can never take them back. 2262 03:14:35,460 --> 03:14:42,920 But imagine if that's where you're most likely to be at 530 on any given day or where your kids go to school. 2263 03:14:42,920 --> 03:14:52,280 Once this information is made, it can't be unmade and there's no amount of monetary compensation that can take that back. 2264 03:14:53,080 --> 03:14:57,860 And so this is something that once we take this step, it's crossing a rubicon. 2265 03:14:58,560 --> 03:14:59,560 We can't take it back. 2266 03:15:00,000 --> 03:15:15,840 That district through resident and community organizer. The only thing that makes me feel safe in the city is my neighbors, other organizers who are working for affordable housing, who are working for better education, who are working for safer transit for everybody food security. 2267 03:15:16,520 --> 03:15:25,180 These people in this room who I've seen show up over and over to implore you guys to not contract with flock for all of the many, many, many reasons listed. 2268 03:15:26,020 --> 03:15:33,660 I've also been a victim of a violent crime in the East day and I have never once felt like surveillance technology would keep me safe. 2269 03:15:34,140 --> 03:15:39,080 What's kept me safe are the other people in my community on the streets looking out for each other. 2270 03:15:39,380 --> 03:15:43,140 Police don't keep us safe and surveillance certainly doesn't keep us safe. 2271 03:15:43,480 --> 03:15:46,700 So thank you to everyone I'll speak out because we keep each other safe. 2272 03:15:47,760 --> 03:15:48,620 Thank you. 2273 03:15:53,010 --> 03:15:54,330 I'm going to show you a minute please. 2274 03:15:56,110 --> 03:15:57,150 Thank you. 2275 03:15:57,150 --> 03:16:00,750 Sorry, can I I can't quite see who that person is. Oh, thank you. Good. 2276 03:16:02,870 --> 03:16:14,690 Hello, my name is Allison. I live in District 4 and I wanted to highlight one of the ways that flock data and technology has already been misused is currently being misused and that's in the 2277 03:16:14,690 --> 03:16:21,410 And the use of police, some of which are in our San Francisco police department, using license 2278 03:16:21,410 --> 03:16:26,850 plates, flocked license plate readers to stock and surveil romantic partners, their romantic 2279 03:16:26,850 --> 03:16:27,410 partners. 2280 03:16:28,970 --> 03:16:33,650 And if, you know, anything, if anyone knows anything about power and control surveillance on 2281 03:16:33,650 --> 03:16:39,090 an interpersonal level on a systemic level, surveillance is a classic tactic of power and 2282 03:16:39,090 --> 03:16:41,850 control, and power controls what constitutes abuse. 2283 03:16:41,850 --> 03:16:48,290 and so on both an interpersonal and structural level, expanding, state and police department 2284 03:16:48,290 --> 03:16:53,690 overreach to surveillance is enabling abuse on a systemic level. 2285 03:16:55,650 --> 03:17:01,970 I have worked in the domestic violence field, I have lived in, I have experienced domestic 2286 03:17:01,970 --> 03:17:06,490 violence, I have experienced domestic violence, surveillance by way of cameras and tracking 2287 03:17:06,490 --> 03:17:13,850 has always been a factor of controlling people and not causing safety. I do not feel safe 2288 03:17:14,350 --> 03:17:23,170 at the thought of police departments documented 38% of officers are documented to have domestic violence 2289 03:17:23,170 --> 03:17:31,090 cries and that's what's documented so that's a definite underrepresentation. I don't feel safe 2290 03:17:31,090 --> 03:17:33,610 putting more tools in their hands. 2291 03:17:34,490 --> 03:17:35,810 That's not my vision of safety. 2292 03:17:36,190 --> 03:17:39,010 Meanwhile, domestic violence and IPV services 2293 03:17:39,010 --> 03:17:41,970 in the Bay Area specifically are so drastically 2294 03:17:41,970 --> 03:17:45,770 underfunded, are currently at risk of being struck 2295 03:17:45,770 --> 03:17:46,350 way further. 2296 03:17:46,930 --> 03:17:49,550 And so please, I urge you to stop doing the work 2297 03:17:49,550 --> 03:17:52,970 of the Abuser, the state, the Abuser, 2298 03:17:54,310 --> 03:17:57,330 and actually invest in services that keep people safe 2299 03:17:57,330 --> 03:17:59,930 and don't traumatize survivors further. 2300 03:17:59,930 --> 03:18:03,970 The idea of being surveilled is traumatic for survivors. 2301 03:18:04,390 --> 03:18:04,630 Thank you. 2302 03:18:04,810 --> 03:18:05,910 Thank you. 2303 03:18:11,950 --> 03:18:12,750 I'm in D3. 2304 03:18:12,970 --> 03:18:14,090 Mr. Flawke could tell you that. 2305 03:18:14,190 --> 03:18:15,650 His cameras are outside my house. 2306 03:18:16,210 --> 03:18:22,330 There's a false equivalence being asserted that surveillance is safety, which is being strategically deployed tied the fact that the opposite is true. 2307 03:18:22,670 --> 03:18:24,010 Surveillance is not public safety. 2308 03:18:24,430 --> 03:18:26,990 There is no actual demonstrated need for any of this technology. 2309 03:18:27,430 --> 03:18:31,210 And even if there was, the Berkeley Criminal Law and Justice Centers independent policy review 2310 03:18:31,210 --> 03:18:34,210 showed this technology doesn't actually help solve crimes or even work. 2311 03:18:34,210 --> 03:18:39,410 If does create speed data privacy risk for the city, people will die in ice custody as a result 2312 03:18:39,410 --> 03:18:43,090 of getting fucked or getting shot in the street by fascist federal agents with the help of 2313 03:18:43,090 --> 03:18:43,790 this technology. 2314 03:18:44,570 --> 03:18:47,370 And it doesn't matter what vendor you use for your amounts surveillance, drag net. 2315 03:18:47,590 --> 03:18:50,830 Once that data is collected, no matter what encryption you use, no matter who owns the 2316 03:18:50,830 --> 03:18:55,310 data, not who exists and can be acquired with a warrant. 2317 03:18:55,710 --> 03:18:57,870 The only truly safe choice is not collecting it. 2318 03:18:57,930 --> 03:18:59,110 This is not a safety company. 2319 03:18:59,370 --> 03:19:03,670 It's a data broker who answers to the highest bidder and you're selling this out and making 2320 03:19:03,670 --> 03:19:05,710 That's pay for it. 2321 03:19:07,450 --> 03:19:08,590 Thank you. 2322 03:19:11,920 --> 03:19:14,800 Thank you. 2323 03:19:14,800 --> 03:19:14,980 Okay. 2324 03:19:15,880 --> 03:19:16,900 One second. 2325 03:19:18,720 --> 03:19:19,900 Yeah, I'm familiar with this too. 2326 03:19:20,440 --> 03:19:21,780 Yeah, I'll take a couple minutes. 2327 03:19:23,880 --> 03:19:24,960 So I'm here. 2328 03:19:25,340 --> 03:19:29,300 I was just speaking in also read a couple nights ago, where we were very successful. 2329 03:19:29,980 --> 03:19:30,500 Vanquishing. 2330 03:19:31,480 --> 03:19:32,940 The situation from our city. 2331 03:19:33,500 --> 03:19:35,060 And I was one of the core organizers there. 2332 03:19:35,060 --> 03:19:40,140 spent a lot of time, a lot of people spent quite a long time organizing that. 2333 03:20:00,000 --> 03:20:07,040 Well, frankly, how they were treated by Mayor Gabe Quinto, who's up for a election in quite a short time. 2334 03:20:07,240 --> 03:20:10,540 I believe in August, running uncontested as well. I might add. 2335 03:20:11,420 --> 03:20:14,660 So, you know, there's a lot of people in this room tonight who are very motivated, 2336 03:20:15,080 --> 03:20:19,320 and there's a lot of people up here on this city council who might be coming up for election. 2337 03:20:19,860 --> 03:20:25,660 And so I would encourage everybody here if you're serious about this, you can just get the votes next time it comes up, 2338 03:20:26,040 --> 03:20:28,380 and everybody on this council maybe could consider that. 2339 03:20:29,660 --> 03:20:33,060 Furthermore, okay, I often want to cover a little bit of technical stuff. 2340 03:20:34,320 --> 03:20:40,420 So I run a small consulting company specializing in cloud infrastructure, networking, and 2341 03:20:40,420 --> 03:20:40,840 security. 2342 03:20:41,660 --> 03:20:43,660 I work for a lot of AI startups in San Francisco. 2343 03:20:45,080 --> 03:20:49,260 One of my primary objectives with these companies is to help them comply with regulations 2344 03:20:49,260 --> 03:20:51,860 around data and how it's managed. 2345 03:20:53,280 --> 03:20:57,040 So network segmentation, concepts like data sovereignty. 2346 03:20:57,040 --> 03:21:03,060 This is basically the notion of where the data lives, who owns it, what region of the world that's stored in, 2347 03:21:03,080 --> 03:21:07,600 who has access to it, under what legal frameworks can it be shared, et cetera. 2348 03:21:10,020 --> 03:21:14,980 The situation with flock is that the data is being stored in a central location. 2349 03:21:15,440 --> 03:21:18,000 It's not being co-located within your city. 2350 03:21:18,620 --> 03:21:25,240 It's being stored, I don't know, maybe you can explain what region it's being stored in, what cloud provided it's being stored in, 2351 03:21:25,240 --> 03:21:30,960 the U.S. perhaps. These are concerns. I mean, I don't know if anybody knows the answer 2352 03:21:30,960 --> 03:21:38,300 to this, but that really strongly affects the access control of the data. And the thing 2353 03:21:38,300 --> 03:21:43,600 is, no matter what they tell you about the policies and how flock managers the data, they're 2354 03:21:43,600 --> 03:21:49,280 still subject to federal law. Federal law supersedes any local law or any company policy or 2355 03:21:49,280 --> 03:21:54,680 contract stipulation, and there's a few laws on the books, the cloud act of 2019, the 2356 03:21:54,680 --> 03:22:00,060 FISA, which is from 1978, and the FBI has the ability to send national security letters. 2357 03:22:00,780 --> 03:22:06,120 Now, if the FBI sends a national security letter, oftentimes is attached with a gag order. 2358 03:22:06,540 --> 03:22:12,280 And this gag order would legally prevent flock from informing any of their clients that the 2359 03:22:12,280 --> 03:22:13,900 data was requisitioned by the government. 2360 03:22:14,620 --> 03:22:18,740 This means that even the lawyers at flock would not be informed. 2361 03:22:19,980 --> 03:22:21,820 They're all reported cases of this. 2362 03:22:22,520 --> 03:22:25,180 And so if you have time to ask him a question, 2363 03:22:25,860 --> 03:22:27,720 get him up here on the mic and tell you, 2364 03:22:28,120 --> 03:22:30,220 if the federal government asks for the data, 2365 03:22:30,720 --> 03:22:33,740 will they be legally allowed to inform you that that occurred? 2366 03:22:35,200 --> 03:22:36,680 Can I go one more minute, anybody? 2367 03:22:38,480 --> 03:22:39,340 Can I get one more minute? 2368 03:22:39,880 --> 03:22:42,060 Actually, I want to make sure we have everyone speak. 2369 03:22:42,060 --> 03:22:43,680 So, I mean, you're welcome to get on the minute, 2370 03:22:43,860 --> 03:22:45,360 but there are still folks who haven't spoken to me. 2371 03:22:45,740 --> 03:22:48,740 But I will more, very important things today, can I? 2372 03:22:48,920 --> 03:22:50,520 All right, we have one more. 2373 03:22:51,940 --> 03:22:56,760 There's a little bit more in terms of audit logs. 2374 03:22:58,060 --> 03:23:01,140 So, one of the only tools available for a city, 2375 03:23:01,260 --> 03:23:02,700 or an independent set of researchers, 2376 03:23:03,620 --> 03:23:06,720 to use to determine what flock is doing, 2377 03:23:06,800 --> 03:23:08,840 what the data is through an audit log, 2378 03:23:09,260 --> 03:23:11,440 and flock provides audit logs on their website 2379 03:23:11,440 --> 03:23:12,500 to every municipality. 2380 03:23:13,480 --> 03:23:17,560 However, there has been a recent reporting as recently as April from the website called 2381 03:23:17,560 --> 03:23:22,840 Footnote for A, where they're basically analyzing the logs that are publicly available 2382 03:23:22,840 --> 03:23:28,080 and finding that between 3% and 7% of the logs are changing. 2383 03:23:28,480 --> 03:23:29,600 Now we're talking about audit logs. 2384 03:23:29,760 --> 03:23:32,020 This should be an immutable piece of data. 2385 03:23:32,500 --> 03:23:36,560 And when this data is queried and then queried again a week later, they're finding unique 2386 03:23:36,560 --> 03:23:42,640 to have changed timestamps to have changed strong circumstantial evidence that the books are being 2387 03:23:42,640 --> 03:23:44,960 cooked on the flock side. 2388 03:23:47,120 --> 03:23:50,260 I mean the question is like if they're providing audit logs can they 2389 03:23:50,260 --> 03:23:55,480 cryptographically sign the logs and can a third party. Thank you. Thank you. 2390 03:24:01,740 --> 03:24:03,860 Hello everybody. I have two 2391 03:24:03,860 --> 03:24:11,780 minutes. I have Ziggy and Paul Blake back there. So three minutes please. So let's be clear. 2392 03:24:11,780 --> 03:24:20,280 surveillance cameras are a supremacist tool of an authoritarian society. 2393 03:24:20,400 --> 03:24:27,200 Okay, I'm going to say that again, surveillance cameras are a supremacist tool of an authoritarian 2394 03:24:27,200 --> 03:24:33,640 society. How do we know? Some of you have lived under such regimes where they have been 2395 03:24:33,640 --> 03:24:39,520 where you've been surveilled. How do you think Israel was so successful at assassinating so many 2396 03:25:00,000 --> 03:25:09,800 Ashes countries have surveillance. This is not a tool that we want to use here in our community. And who is safer? We keep 2397 03:25:09,800 --> 03:25:19,280 thinking, oh, this is a safety. Who is safer? We have been given, you have been provided data by the BPD. But have 2398 03:25:19,280 --> 03:25:25,720 even collect the date of how many times you wrongfully pull over people because of bad 2399 03:25:25,720 --> 03:25:32,620 data by by a flock? Okay, these cameras did they tell you all anything about this? No, 2400 03:25:32,840 --> 03:25:40,020 have you asked? How many times have they harmed people? Tremendous harm to people that they pull 2401 03:25:40,020 --> 03:25:47,240 over, detain, they've impounded cars and caused innocent people harm. We heard about a woman who 2402 03:25:47,240 --> 03:25:53,960 shot five times seven holes and a man from our community here who's an activist who has been 2403 03:25:53,960 --> 03:26:02,160 honked. Okay, so there's a lot to this story. I've taken a tally so far we've had 97 minutes. 2404 03:26:02,320 --> 03:26:09,780 That's me 97 people who oppose this. Three who have supported it. Okay, the democracy that would 2405 03:26:09,780 --> 03:26:18,240 overwhelming that of course. You represent us. We all elected you. Okay? Maybe you're with 2406 03:26:18,240 --> 03:26:23,140 my former council member before I got redistricted who doesn't have to be on the diet set this 2407 03:26:23,140 --> 03:26:28,760 moment show they'll be go unnamed when I have a private conversation with them in 2020 and I asked 2408 03:26:28,760 --> 03:26:35,700 are you getting lots of calls for you know this was about the police budget this was in 2020 with 2409 03:26:35,700 --> 03:26:44,200 George Floyd about the police budget should go up and this person said, no, but I was elected 2410 03:26:44,200 --> 03:26:49,260 to make a decision and I was elected to make a decision about what I think is best. 2411 03:26:49,760 --> 03:26:53,400 Now what the community said, but what this person literally said that to me. 2412 03:26:53,820 --> 03:26:58,920 So you all are going to take that authoritarian, like you were elected to make because you're 2413 03:26:58,920 --> 03:27:04,560 the parent and you're the big brother that you're supposed to make the decision for your 2414 03:27:04,560 --> 03:27:09,360 constituents in your community or are we part of a democracy or are you representing us? 2415 03:27:09,920 --> 03:27:12,440 Okay, on the audit, the audit was just brought up. 2416 03:27:12,860 --> 03:27:17,700 If you do vote for this, who's going to ensure compliance with this complex contract? 2417 03:27:17,860 --> 03:27:21,360 It can't be flock, it can't be BPD, who's it going to be? 2418 03:27:21,580 --> 03:27:23,920 Flip the Barclay City Council, flip BCC. 2419 03:27:24,320 --> 03:27:24,500 Thank you. 2420 03:27:24,660 --> 03:27:25,260 Check it out. 2421 03:27:33,420 --> 03:27:35,480 Go ahead and move the mic so we can hear you. 2422 03:27:37,080 --> 03:27:46,240 I'm Zandra. I'm a little worse. 50 fucking years ago, I came to California. I came to the Bay Area. 2423 03:27:46,800 --> 03:27:58,180 Why did I come here? I had a five year old child. I was 24 years old. I came here because Berkeley promised to be the kind of country. 2424 03:27:58,180 --> 03:28:04,300 I'm part of that generation that 50s and 60s generation that believed where I teach 2425 03:28:04,300 --> 03:28:11,360 us told us about social justice, about civil rights, about ending war, and Berkeley stood 2426 03:28:11,360 --> 03:28:13,160 for that when I came here. 2427 03:28:14,180 --> 03:28:21,120 I've been so proud, I've been an activist and a business owner in Berkeley for almost 50 years, 2428 03:28:21,540 --> 03:28:27,160 and I've been so proud to be here, but this is not making me proud, this is making me so 2429 03:28:27,760 --> 03:28:31,300 And I already lived in seven states before I came here. 2430 03:28:31,860 --> 03:28:35,560 So I came here, I knew what I was coming to. 2431 03:28:36,880 --> 03:28:38,380 I'm not going to say anything new. 2432 03:28:38,380 --> 03:28:39,100 Thank you. 2433 03:28:39,120 --> 03:28:41,540 I have one more thing so much. 2434 03:28:42,740 --> 03:28:44,460 I want to take that minute from the person to the back. 2435 03:28:44,820 --> 03:28:45,020 Okay. 2436 03:28:45,020 --> 03:28:45,600 Thank you. 2437 03:28:45,600 --> 03:28:47,300 I'm not saying anything new. 2438 03:28:47,740 --> 03:28:50,940 But what I am going to say, you all know. 2439 03:28:51,180 --> 03:28:52,980 You all know all the information. 2440 03:28:53,720 --> 03:28:55,620 Those of you that are voting, yes. 2441 03:28:55,620 --> 03:29:00,700 I asked you to look inside yourself and figure out what 2442 03:29:01,660 --> 03:29:08,040 rock of morality, what rock of humanity is letting you vote for this. 2443 03:29:08,300 --> 03:29:12,600 Letting you accept that we can be safe through surveillance. 2444 03:29:13,300 --> 03:29:16,720 When these women have said, we know how we're going to be safe. 2445 03:29:16,780 --> 03:29:20,460 Equity is the only thing that's going to get us safe providing 2446 03:29:20,460 --> 03:29:31,940 And in poverty, providing, caring for everyone in the city, that's the only thing that will make us safe, not surveillance, that's all. 2447 03:29:32,060 --> 03:29:32,820 Thank you. 2448 03:29:39,840 --> 03:29:41,940 I just want to check, is there two people? 2449 03:29:42,340 --> 03:29:43,420 There's two people? 2450 03:29:44,520 --> 03:29:45,340 Or three? 2451 03:29:48,520 --> 03:29:48,700 Okay. 2452 03:29:49,520 --> 03:29:49,700 Okay. 2453 03:29:49,940 --> 03:29:50,340 Got it. 2454 03:29:53,640 --> 03:29:54,380 Well, I'm a burden. 2455 03:29:54,720 --> 03:29:55,460 I'm leaving. 2456 03:29:55,600 --> 03:29:56,540 I'm in district four. 2457 03:29:56,880 --> 03:29:57,640 I'm actually sure. 2458 03:29:58,640 --> 03:29:59,980 I don't have anything else. 2459 03:30:00,000 --> 03:30:16,780 Like if lock happens, it's kind of over for myself and my friends and my community. I feel you can probably guess why and the activism that I don't want to be doing. 2460 03:30:18,080 --> 03:30:24,920 Flock just doomsus. It's over. There's nothing else for us. Yeah, that's it. I'm sorry. Goodbye. 2461 03:30:24,920 --> 03:30:27,280 Thank you. 2462 03:30:31,540 --> 03:30:32,120 Good evening. 2463 03:30:32,520 --> 03:30:34,140 My name is Sophia O'Brien. 2464 03:30:34,340 --> 03:30:35,860 Can I have a minute from someone? 2465 03:30:37,040 --> 03:30:37,260 There? 2466 03:30:40,060 --> 03:30:41,360 My name is Sophia O'Brien. 2467 03:30:41,580 --> 03:30:43,560 I was born and raised in District 4. 2468 03:30:44,160 --> 03:30:49,600 At a time when this city is discussing cuts to critical public resources and safety net programs, 2469 03:30:50,100 --> 03:30:54,920 while hundreds fill your inboxes and this room to demand investment in our communities, 2470 03:30:54,920 --> 03:31:01,160 This council, well, many from this council, plans to spend millions expanding surveillance 2471 03:31:01,160 --> 03:31:06,680 infrastructure, $2 million plus millions more in inevitable lawsuits that could go towards 2472 03:31:06,680 --> 03:31:11,360 preventing crises, supporting vulnerable residents, and strengthening community services, 2473 03:31:11,600 --> 03:31:12,920 which is public safety. 2474 03:31:13,600 --> 03:31:18,580 Instead, our tax dollars are being directed toward expanding systems tied to policing, 2475 03:31:19,020 --> 03:31:22,340 federal abductions, racial profiling, and mass incarceration. 2476 03:31:22,340 --> 03:31:30,420 If you really cared about public safety, you would invest more money into our schools to make sure that our teachers can afford to live in our city. 2477 03:31:30,840 --> 03:31:37,720 You would invest more money into affordable housing and ensure the most basic social net for the most vulnerable in our community is met. 2478 03:31:38,000 --> 03:31:44,500 Not sell those same people out as data points, so a billion dollar company can make more off of my community. 2479 03:31:44,500 --> 03:31:50,140 Like many have said, you are a public servant, and therefore I hope you will act in the interest 2480 03:31:50,140 --> 03:31:55,220 of your constituents, and if not, that will be a stain on this city for years to come 2481 03:31:55,220 --> 03:31:59,820 and something that you as an individual will never live down as long as you are an elected 2482 03:31:59,820 --> 03:32:01,240 official in our city. 2483 03:32:02,300 --> 03:32:07,420 To move forward with this expansion, despite the legal warnings, the oversight concerns, 2484 03:32:07,660 --> 03:32:12,380 the moral failures, and the erosion of public trust would be a profound mistake. 2485 03:32:12,380 --> 03:32:18,020 The first rule of fascism and the most important rule is do not obey an advance. 2486 03:32:18,780 --> 03:32:23,860 Now please, for the first time in forever, stand on the right side of history and do not 2487 03:32:23,860 --> 03:32:30,220 sell out your constituents the public in the interest of public safety because the public 2488 03:32:30,220 --> 03:32:33,180 is telling you exactly what will make us more unsafe. 2489 03:32:33,560 --> 03:32:39,380 So please vote no on this contract on the expansion of more flock in our city. 2490 03:32:39,380 --> 03:32:41,720 The public does not want this. 2491 03:32:41,720 --> 03:32:43,380 Thank you. 2492 03:32:49,820 --> 03:32:50,220 All right. 2493 03:32:50,320 --> 03:32:51,580 Our final in person speaker. 2494 03:32:51,920 --> 03:32:52,380 Go ahead. 2495 03:32:52,580 --> 03:32:55,300 I'm Gail Alcock from District 2. 2496 03:32:56,340 --> 03:32:56,740 And I... 2497 03:32:57,800 --> 03:33:00,000 I think flock is a big mistake. 2498 03:33:00,720 --> 03:33:03,860 And I was really proud, but I was at home, 2499 03:33:03,940 --> 03:33:07,880 to be listening to the all the information that came. 2500 03:33:08,320 --> 03:33:13,780 And I just hope that it's not news to any of things 2501 03:33:13,780 --> 03:33:19,640 that you have heard tonight, it's not news, is that correct, you didn't hear anything that 2502 03:33:19,640 --> 03:33:26,560 you didn't already know. I'm just assuming that that's the truth. But you do have these 2503 03:33:26,560 --> 03:33:33,400 commissions and they do a lot of research. And then apparently there's this very organized group 2504 03:33:33,400 --> 03:33:40,420 that is tremendously committed and dedicated and has brought so much information. But really, 2505 03:33:40,420 --> 03:33:49,680 I think that you all knew anyway, because I knew without knowing a lot of information that this is creepy. 2506 03:33:51,060 --> 03:33:53,960 I mean, you don't need to know much. 2507 03:33:54,380 --> 03:33:55,840 Thank you. 2508 03:34:00,940 --> 03:34:04,640 Okay, we're going to take, we finished with our in-person comment. 2509 03:34:05,540 --> 03:34:11,240 If you are online for online comment, we have an hour of online comment piece, raise your hand. 2510 03:34:11,240 --> 03:34:13,760 So you can get in the queue and in the meantime, 2511 03:34:13,940 --> 03:34:16,160 we are going to take another 10-minute stretch break. 2512 03:34:16,560 --> 03:34:17,340 Thank you. 2513 03:34:29,400 --> 03:34:32,260 OK, the microphones are on. 2514 03:35:00,180 --> 03:35:09,980 We are going to take on-line public comment now for item number 1A, which is the Public Safety 2515 03:35:09,980 --> 03:35:13,620 Technology, Surveillance Technology, Ordnance of Police Equipment, Ordnance of Proof of 2516 03:35:13,620 --> 03:35:20,940 Policy, Updates, and Contract Authority. So, Clara, can you please go ahead and start it? 2517 03:35:20,940 --> 03:35:24,940 The first speaker has a phone number ending in 405. 2518 03:35:28,960 --> 03:35:29,880 Hi, a drug. 2519 03:35:30,160 --> 03:35:33,580 And I heard I live in District 1. 2520 03:35:34,020 --> 03:35:37,200 I came to Berkeley in 1952. 2521 03:35:37,360 --> 03:35:39,320 I graduated in Berkeley. 2522 03:35:41,040 --> 03:35:47,820 And I look, like, not the digital person. 2523 03:35:48,860 --> 03:35:51,140 I'm saying, show me the money. 2524 03:35:52,160 --> 03:36:00,860 What gave us a billion dollars, the answer should be, no, we will not take, we will not be bought. 2525 03:36:02,200 --> 03:36:10,900 And if the ideas that we are paying to be bought is yes, I'll break this. 2526 03:36:10,900 --> 03:36:23,140 I do think that I'm on the board of directors for local corporations, the best of my knowledge, 2527 03:36:23,640 --> 03:36:31,240 not one director, not one contact with the risk corporations would vote to endorse any 2528 03:36:37,220 --> 03:36:44,830 Thank you for your 2529 03:36:51,200 --> 03:37:03,360 service and there are two questions that I have for Mr. Flock. I really just have these two questions. I'm really interested in hearing there just yes and no questions if that's possible. 2530 03:37:03,360 --> 03:37:09,340 One question is, are there any scenarios in which Floc would have to share data with the federal government? 2531 03:37:10,320 --> 03:37:19,820 And then are there any scenarios in which Floc would have to share data with the federal government and not be able to tell the city of Berkeley or the local police? 2532 03:37:21,000 --> 03:37:23,520 Yes, right now. 2533 03:37:24,060 --> 03:37:29,300 Sorry, we don't respond to questions during the common period, but those were also asked and answered. 2534 03:37:31,810 --> 03:37:32,490 Oh, thank you. 2535 03:37:33,230 --> 03:37:33,950 Okay. 2536 03:37:36,190 --> 03:37:38,890 Next is Beth Rossner. 2537 03:37:42,430 --> 03:37:46,230 Good evening, Marin Council. This is Beth Rossner, CEO of the Berkeley 2538 03:37:46,230 --> 03:37:51,430 Chamber of Commerce. The Chamber supports moving forward with thoughtfully managed public 2539 03:37:51,430 --> 03:37:57,790 safety technology and the strong oversight framework in item one A. For Berkeley businesses, 2540 03:37:58,170 --> 03:38:03,970 public safety and economic vitality are closely connected. Employees, customers and visitors 2541 03:38:03,970 --> 03:38:10,450 need to feel safe in our commercial districts and public spaces and tools that improve emergency 2542 03:38:10,450 --> 03:38:16,230 response and investigations can provide real public benefit. We're concerned about creating 2543 03:38:16,230 --> 03:38:21,650 a gap in public safety capabilities if existing systems are discontinued before replacement 2544 03:38:21,650 --> 03:38:27,590 tools or policies are fully in place. At the same time, we recognize the legitimate concerns 2545 03:38:27,590 --> 03:38:33,490 around privacy, data security and vendor accountability. Strong safeguards, transparency, 2546 03:38:33,990 --> 03:38:39,510 auditing, and local control over data must remain paramount. We appreciate the work being done 2547 03:38:39,510 --> 03:38:44,410 to strengthen oversight while protecting Berkeley's values and keeping the city safe and welcoming 2548 03:38:44,410 --> 03:38:50,450 for all. Thank you. Thank you. Next is Della Luna. 2549 03:39:01,050 --> 03:39:03,410 Yes, thank you. I was going to 2550 03:39:05,470 --> 03:39:10,530 This item is taken up so much of our time, and it feels like with so much of the public being 2551 03:39:10,530 --> 03:39:16,130 against it, it shouldn't even be on the table, it's now two committee multiple times, 2552 03:39:16,690 --> 03:39:20,050 and then I think we're up to one o'clock in the morning talking about it and now again. 2553 03:39:20,530 --> 03:39:26,070 And I feel like it just reflects that you all are not doing your jobs, because we don't 2554 03:39:26,070 --> 03:39:27,870 elect you. 2555 03:39:27,950 --> 03:39:31,410 I guess what I want to say is you all are professionals in your own rights and each of 2556 03:39:31,410 --> 03:39:38,310 as a set of expertise but no one as individuals or collectively has the expertise to sign a contract 2557 03:39:38,310 --> 03:39:43,190 that's going to murder death kill the constituents and we didn't elect you for you to then 2558 03:39:43,190 --> 03:39:47,670 negotiate contracts. So there's like a slight of hand going on where we do elect you to be 2559 03:39:47,670 --> 03:39:53,590 city council but the intention is not for you then to turn around and murder death kill us. So 2560 03:39:54,770 --> 03:39:59,970 yes you all represent the people and the people do not want this and the notion that 2561 03:40:00,000 --> 03:40:05,660 We are a business association in policy advocacy organization representing nearly 400 of the region's employers. 2562 03:40:06,360 --> 03:40:13,160 Three years ago, 125 East Bay employers asked us to form a coalition and response to concerns about safety in the future of the region. 2563 03:40:13,700 --> 03:40:18,360 This coalition strongly supports the continued use of ALPR and related technology in Berkeley. 2564 03:40:19,200 --> 03:40:23,580 Technology is a critical public safety tool, particularly for departments facing staffing challenges. 2565 03:40:23,580 --> 03:40:31,200 On the ground every day, these tools help officers recover soul and property prevent human trafficking and identify suspects in violent crimes. 2566 03:40:31,860 --> 03:40:40,940 We've also seen across the East Bay and the broader region that this technology can be implemented with appropriate safeguards that balance the needs of community privacy with public safety. 2567 03:40:41,700 --> 03:40:48,960 Finally, and importantly, since many nearby cities are already applying this technology using compatible tools, strengthens coordination and safety across jurisdictions. 2568 03:40:48,960 --> 03:40:52,720 Thank you for your consideration and your continued leadership in Berkeley. 2569 03:40:55,760 --> 03:40:56,180 Thank you. 2570 03:40:57,240 --> 03:40:58,800 Tracy Rosenberg. 2571 03:41:05,470 --> 03:41:06,890 Yes, one second. 2572 03:41:11,550 --> 03:41:13,450 Tracy Rosenberg from Oakland Privacy. 2573 03:41:13,950 --> 03:41:14,590 Let's be clear. 2574 03:41:15,210 --> 03:41:19,710 While fully aware of dozens of local sanctuary ordinances. 2575 03:41:19,790 --> 03:41:22,510 California, SB 34 and SB 54. 2576 03:41:23,030 --> 03:41:30,030 So often chose to let customs and border patrol into their database and hold absolutely no one. 2577 03:41:30,030 --> 03:41:58,730 In my news today, Shaker Heights, Ohio, is sitting with a sanctuary policy announced that other agencies searched their flock database for the purpose of immigration enforcement 2773 times in the last three months this year, it is happening and it is continuing to happen every single day. 2578 03:41:58,730 --> 03:42:07,390 you can't negotiate with companies that are lying to you. No on the concept. Thank you. 2579 03:42:08,950 --> 03:42:11,570 Next speaker is Wendy Elfson. 2580 03:42:22,980 --> 03:42:27,720 Thank you. Mayor council speaking on behalf of the 2581 03:42:27,720 --> 03:42:37,340 Berkeley friends meeting in opposition to the approval of these eight items on your agenda. 2582 03:42:38,480 --> 03:42:47,660 It's like to point out that each of them merits a separate agenda with the opportunity for consideration. 2583 03:42:48,660 --> 03:42:56,360 It's been very difficult throughout this process to have any attention on the policies that underlie all of this, 2584 03:42:56,360 --> 03:43:03,260 like to point out that in addition to all of the other things that have been raised, 2585 03:43:03,260 --> 03:43:25,900 particularly by the police accountability board as you can just pay special attention to their recommendations, their most recent one of my sixth on the purchase called purchase order contracting issue, really requires. 2586 03:43:26,060 --> 03:43:31,520 Thank you. Next is Audrey Cramer. 2587 03:43:34,700 --> 03:43:40,640 Good evening, city council and mayor. My name is Audrey Cramer and I am a sophomore at UC Berkeley in a district six resident. 2588 03:43:41,280 --> 03:43:46,040 I'm currently looking at the city managers proposed 2728 budget and balancing plan. 2589 03:43:46,800 --> 03:43:51,480 And so my question for you today is why are we sitting here? Berkeley isn't a ridiculous budget deficit. 2590 03:43:52,040 --> 03:43:58,600 On page 52 of this report, the city manager outlines the eight policemen that Berkeley is firing this year. 2591 03:43:58,600 --> 03:44:03,780 Every department in the city is losing 10% of its budget, and Flock is clearly highly unpopular, 2592 03:44:04,480 --> 03:44:09,580 so I would suggest that you use this exorbitant amount of money to follow the police accountability 2593 03:44:09,580 --> 03:44:15,160 boards recommendation for an RFP on this matter, or use this money for literally anything else. 2594 03:44:15,400 --> 03:44:19,440 Thank you so much for your time. Have a good evening. Thank you. Thank you. 2595 03:45:00,000 --> 03:45:08,240 I'm Latino. And when extremist ideological experiments go wrong, people die. Socialist extremist policies 2596 03:45:08,240 --> 03:45:14,360 failed Cuba and Venezuela, millions suffered. Here in California, DSA driven defunding a police 2597 03:45:14,360 --> 03:45:19,120 helped create this out of control crime wave. And now you want us to do what? Keep trusting 2598 03:45:19,120 --> 03:45:24,880 your failed social experiment. Here in Berkeley, even common sense liberals are now called fascists 2599 03:45:24,880 --> 03:45:29,820 and bullied into silence. Look, the city's number one job is still to protect residents and 2600 03:45:29,820 --> 03:45:35,300 businesses with proven tools, not gamble with public safety based on ideology and zero evidence. 2601 03:45:35,760 --> 03:45:41,280 What happens when cities turn off flock, Richmond stopped cameras a few months, auto thefts, 2602 03:45:41,440 --> 03:45:42,340 jump by a third. 2603 03:45:42,680 --> 03:45:43,200 That's not theory. 2604 03:45:43,500 --> 03:45:44,860 That's documented facts. 2605 03:45:45,500 --> 03:45:47,780 So who's paying the highest price? 2606 03:45:47,960 --> 03:45:50,720 It's working class, black and brown families. 2607 03:45:51,240 --> 03:45:56,380 Most are single-core households, and when that one car is stolen, it's not a small inconvenience. 2608 03:45:56,380 --> 03:46:02,720 People whose jobs kids miss school families lose their homes, stolen cars become stolen lives. 2609 03:46:03,000 --> 03:46:03,400 Thank you. 2610 03:46:03,620 --> 03:46:04,360 Thank you. 2611 03:46:05,220 --> 03:46:06,140 Time is up. 2612 03:46:06,160 --> 03:46:07,980 Thank you. 2613 03:46:08,700 --> 03:46:10,720 Next is Devon. 2614 03:46:18,640 --> 03:46:21,580 Devon, you should be able to unmute. 2615 03:46:27,860 --> 03:46:30,140 Last call for Devon. 2616 03:46:32,260 --> 03:46:32,560 All right. 2617 03:46:34,820 --> 03:46:37,380 Let's go to MR. 2618 03:46:40,900 --> 03:46:44,520 Hello, I'm a resident, a data engineer and a former defense technologist. 2619 03:46:44,520 --> 03:46:47,160 I'm embarrassed to have Shashana O'Keef as my representative. 2620 03:46:47,780 --> 03:46:49,460 Block is not a public safety company. 2621 03:46:49,660 --> 03:46:53,600 They are a data broker as a data near I'm telling you that the oversight narrative for 2622 03:46:53,600 --> 03:46:55,600 this contract is technically infeasible. 2623 03:46:56,160 --> 03:46:59,300 The city and the Berkeley Police Department will absolutely not have the independent 2624 03:46:59,300 --> 03:47:04,180 technical capacity to oversee monitor or manage Berkeley data generated by flock. 2625 03:47:04,720 --> 03:47:09,520 As a survivor myself, I completely reject the use of survivor trauma as justification for 2626 03:47:09,520 --> 03:47:12,220 warrantless mass surveillance, commercial surveillance 2627 03:47:12,220 --> 03:47:15,300 companies, and our products do not address the causes of violence 2628 03:47:15,300 --> 03:47:17,860 or crime, and survivors too deserve 2629 03:47:17,860 --> 03:47:19,560 want and have rights to privacy. 2630 03:47:19,900 --> 03:47:21,640 Shame on you for invoking survivor trauma 2631 03:47:21,640 --> 03:47:22,880 to enable mass surveillance. 2632 03:47:28,770 --> 03:47:30,150 Thank you, and just a reminder to folks 2633 03:47:30,150 --> 03:47:31,970 to not refer to specific council members. 2634 03:47:32,390 --> 03:47:34,450 You have to refer to us as a body. 2635 03:47:35,950 --> 03:47:39,790 OK, one more try for Devon. 2636 03:47:40,090 --> 03:47:41,470 Devon, you should be able to unmute, 2637 03:47:47,100 --> 03:47:48,260 no Devon. 2638 03:47:49,220 --> 03:47:52,400 Next is Mackay Freeman. 2639 03:47:54,320 --> 03:47:55,560 Can you give her extra time, please? 2640 03:47:55,960 --> 03:47:56,960 Thank you. 2641 03:48:00,400 --> 03:48:00,740 Good afternoon. 2642 03:48:02,580 --> 03:48:02,700 Thank you. 2643 03:48:04,140 --> 03:48:10,380 I'm about to send any order to tonight, 2644 03:48:10,580 --> 03:48:11,180 but like, 2645 03:48:12,280 --> 03:48:15,260 they'll describe the residents. 2646 03:48:17,760 --> 03:48:24,570 We usually saw the reversal of zoning rights 2647 03:48:24,570 --> 03:48:26,490 in the cell like this, 2648 03:48:28,580 --> 03:48:36,190 we know what happened, doing colonel for us, we know we have 2649 03:48:36,190 --> 03:48:46,110 a strange problem that's utterance, the pattern is, I think our fleet's, oh there's 2650 03:48:47,610 --> 03:48:49,190 a tree as well, 2651 03:48:51,230 --> 03:49:02,970 I am, I can, I am, can't have that sense of safety, but you know, all 2652 03:49:02,970 --> 03:49:08,430 on the diet. No, there's going to be excuses. 2653 03:49:11,540 --> 03:49:14,240 You are a public servant. 2654 03:49:16,570 --> 03:49:17,510 When a public 2655 03:49:18,980 --> 03:49:22,380 said no, listen, 2656 03:49:25,160 --> 03:49:34,670 I'm not going to reach out. I'm those who have been in a room and children 2657 03:49:34,670 --> 03:49:39,670 Without the parent, sharing numbers, 2658 03:49:42,490 --> 03:49:45,110 it is a false dichotomy, 2659 03:49:47,370 --> 03:49:49,810 that if you don't want the 2660 03:49:49,810 --> 03:49:59,980 field, don't care about public safety and for a part, find it. 2661 03:50:00,020 --> 03:50:01,200 Thanks, Mokai. 2662 03:50:06,390 --> 03:50:10,830 Next is a phone number ending in 4, 5, 3. 2663 03:50:13,710 --> 03:50:15,050 I think that's chair, Kaitano. 2664 03:50:24,980 --> 03:50:28,120 That's for that minute. Chair, Kaitano, can you hear us? 2665 03:50:33,040 --> 03:50:34,320 He's down mute first. 2666 03:50:37,000 --> 03:50:41,120 Phone number ending in 4, 5, 3. You should be able to unmute, star 6 to unmute. 2667 03:50:43,820 --> 03:50:44,040 There you go. 2668 03:50:44,480 --> 03:50:47,780 Hi, everyone. Josh Kaitano, chair of the police accountability board. 2669 03:50:48,180 --> 03:50:51,540 I believe I have direction minutes from people online. I think I raise a hand. 2670 03:50:51,540 --> 03:50:55,740 four minutes total could you give us their names because a lot of people are raising their hands 2671 03:50:57,000 --> 03:51:01,960 oh um I don't know what their name bill is it has um chip Adriana and Lila 2672 03:51:06,890 --> 03:51:13,660 it's one of them is calling on by some chip do you say chip yeah 2673 03:51:16,900 --> 03:51:20,140 um okay one more time chip 2674 03:51:20,140 --> 03:51:29,700 what were the other two Adriana and Lila okay I see Adriana and Lila 2675 03:51:33,220 --> 03:51:34,840 I see Adriana and Lila 2676 03:51:34,840 --> 03:51:36,360 there and do you see them mark? 2677 03:51:39,940 --> 03:51:41,320 Thank you. 2678 03:51:41,900 --> 03:51:44,100 See Adriana. 2679 03:51:44,880 --> 03:51:46,660 Layla is, you know, 2680 03:51:48,960 --> 03:51:51,020 Layla and Nassura Lahi. 2681 03:51:51,660 --> 03:51:53,200 Yes, I'm sorry. 2682 03:51:53,500 --> 03:51:55,080 I'll see you tomorrow on, though. 2683 03:51:55,780 --> 03:51:56,680 So we'll get you that. 2684 03:51:56,980 --> 03:51:58,160 Josh, we'll see if I can get you that 2685 03:51:58,160 --> 03:51:59,740 for a minute in here, but just let's 2686 03:51:59,740 --> 03:52:01,340 for now check on those other two. 2687 03:52:01,480 --> 03:52:02,500 I want to make sure we keep moving. 2688 03:52:03,140 --> 03:52:04,240 Yeah, so we've got three minutes. 2689 03:52:04,740 --> 03:52:08,100 It more gets on than that would be a fourth. 2690 03:52:08,840 --> 03:52:09,320 Oh. 2691 03:52:09,320 --> 03:52:09,980 You have a third minute. 2692 03:52:10,160 --> 03:52:11,420 I've got your third minute here. 2693 03:52:12,100 --> 03:52:13,120 Okay, so a fourth toe, right? 2694 03:52:13,240 --> 03:52:14,860 I'd like to thank you. 2695 03:52:15,700 --> 03:52:16,540 My name is Josh Kaitana. 2696 03:52:16,600 --> 03:52:18,540 I'm Chair of the Police Accountability Board. 2697 03:52:18,620 --> 03:52:21,260 I also graduated at Berkeley Law and at D3 resident. 2698 03:52:22,560 --> 03:52:25,260 First, I would just like to note that nobody has asked 2699 03:52:25,260 --> 03:52:29,620 BPD or finance about their supplemental and why they're no longer standing behind 2700 03:52:29,620 --> 03:52:31,080 their first proposed resolution. 2701 03:52:31,080 --> 03:52:33,060 And I can tell you why. 2702 03:52:33,200 --> 03:52:37,580 The PAD sent a letter this week where we explained the BPD has failed residents of Berkeley 2703 03:52:37,580 --> 03:52:42,660 by exclusively pursuing a contract with Flock without a competitive procurement process. 2704 03:52:43,060 --> 03:52:46,980 Even after the city council sent them back to the drawing board on Flock in Flock 2025 2705 03:52:46,980 --> 03:52:49,080 in the city to that again, the spring. 2706 03:52:50,000 --> 03:52:50,800 And so this had to pivot. 2707 03:52:50,920 --> 03:52:55,260 The city manager said during the common section that we do this all the time. 2708 03:52:55,420 --> 03:52:56,620 And that's exactly the issue. 2709 03:52:56,860 --> 03:52:59,280 It's one of the city auditor recently faulted the city for. 2710 03:52:59,280 --> 03:53:04,980 40% of it's contracts were not completely bid, and the default rule is a competitive process. 2711 03:53:05,440 --> 03:53:08,140 He also compared this to a contract for a truck or a pencil. 2712 03:53:08,780 --> 03:53:10,380 But we're not talking about trucks and pencils. 2713 03:53:10,460 --> 03:53:15,080 We're talking about the largest expansion of police surveillance technology in Berkeley's history. 2714 03:53:15,920 --> 03:53:18,520 Now, BPD is trying to claim that block is the best out there. 2715 03:53:18,800 --> 03:53:22,360 That nobody else has a comparable product, but this is what's best for Berkeley. 2716 03:53:22,740 --> 03:53:25,080 But they cannot back that up without a competitive process. 2717 03:53:25,520 --> 03:53:26,920 And that's something Berkeley and deserve. 2718 03:53:27,640 --> 03:53:31,600 Second, and speaking for myself now, there's also been a lot of talks about safety from 2719 03:53:31,600 --> 03:53:35,460 Fox supporters, but Fox does not keep our community safe. 2720 03:53:36,080 --> 03:53:36,580 We do. 2721 03:53:36,900 --> 03:53:40,600 I recently spoke with leaders in Helmwood and DM3, her monitoring the neighborhood around 2722 03:53:40,600 --> 03:53:43,740 Sylvia Mendez, making sure children are safe and protected for mice. 2723 03:53:44,460 --> 03:53:45,100 That is safety. 2724 03:53:45,840 --> 03:53:48,820 Now, to talk every month with members of the mayor's sanctuary city task force, the people 2725 03:53:48,820 --> 03:53:51,420 who are tirelessly coordinating each way for our community. 2726 03:53:52,020 --> 03:53:52,740 That is safety. 2727 03:53:52,740 --> 03:53:59,660 My spoke with members, some members of BPD, and with free who are building relationships and schools and on the streets with people in high risk areas. 2728 03:54:00,220 --> 03:54:00,960 That is safety. 2729 03:54:01,500 --> 03:54:02,900 Block does not make us safe. 2730 03:54:03,400 --> 03:54:04,180 We do. 2731 03:54:05,060 --> 03:54:07,840 There is also been a lot of talk from block supporters about accountability. 2732 03:54:08,780 --> 03:54:14,320 Go out to the supporters and ask them, but their track record is on police accountability in Berkeley. 2733 03:54:15,140 --> 03:54:19,260 DPD bury their audit on the last page of reports that they had identified Berkeley's 2734 03:54:19,260 --> 03:54:21,060 own data with search for ISMDHS. 2735 03:54:21,280 --> 03:54:22,700 They didn't bring that to the council of attention. 2736 03:54:23,380 --> 03:54:23,900 We did. 2737 03:54:24,500 --> 03:54:28,760 DPD did not have the courage to say what that was, and call it what it was, the material 2738 03:54:28,760 --> 03:54:30,640 of our trust, and said they explained it away. 2739 03:54:31,140 --> 03:54:34,820 And so what I hear about saying is that they don't know exactly what that was. 2740 03:54:34,880 --> 03:54:38,260 But I think that sitting there today, if they're asking for you to contract with block 2741 03:54:38,260 --> 03:54:39,740 they should admit it. 2742 03:54:40,000 --> 03:54:43,040 Why should we trust what they say if they can't admit, even with their own audit 2743 03:54:44,740 --> 03:54:50,300 The last three years, our own accountability institutions have been undermined, subverted, and 2744 03:54:50,300 --> 03:54:53,140 defunded, and tonight this accountability can start. 2745 03:54:53,720 --> 03:54:54,820 Make them make it happen. 2746 03:54:54,920 --> 03:54:55,480 Thank you all. 2747 03:55:00,000 --> 03:55:09,660 Thank you. Yes, my name is Dr. Kelsey Jackson. I'm in District 1 and I'm concerned about the similarities and surveillance between Israel and the United States in this moment. 2748 03:55:10,420 --> 03:55:28,500 I'm an expert in the perceptions of intercultural empathy, peace, and the other between Palestinians and Israelis. I spent time in the Middle East. I spent time in Palestine and Israel. I walked around the inside of the wall of Palestine at a military checkpoint, where headstones littered the brush while I stared down. 2749 03:55:28,500 --> 03:55:31,120 Sorry, while I was stared down by four Israeli soldiers, 2750 03:55:31,300 --> 03:55:34,440 each holding their AK-47s as they watched me. 2751 03:55:34,620 --> 03:55:36,100 While in Palestine 10 years ago, 2752 03:55:36,240 --> 03:55:39,140 I saw firsthand the detriment of over to surveillance. 2753 03:55:39,660 --> 03:55:43,040 It saw firsthand the way it impeded the lives of Palestinians. 2754 03:55:43,880 --> 03:55:45,520 They weren't able to self-organize. 2755 03:55:45,600 --> 03:55:46,780 They weren't able to gather. 2756 03:55:46,900 --> 03:55:48,960 They weren't able to protest without threat 2757 03:55:48,960 --> 03:55:50,540 of being imprisoned or killed. 2758 03:55:51,420 --> 03:55:53,500 Israel uses the same surveillance technology 2759 03:55:53,500 --> 03:55:56,280 in their red wolf and blue wolf surveillance as flock, 2760 03:55:56,280 --> 03:56:01,220 And it's now being embedded into our cities, our communities, to our neighbors. 2761 03:56:02,380 --> 03:56:05,560 We're on the dangerous path to normalizing master valence of infringing. 2762 03:56:07,640 --> 03:56:11,840 Next is Tim McKenzie, Tim McKenzie. 2763 03:56:13,500 --> 03:56:14,940 Hi, my name is Tim McKenzie. 2764 03:56:14,940 --> 03:56:17,360 I'm a member of the Democratic Socialist of America. 2765 03:56:18,060 --> 03:56:23,860 I'm here to encourage you to get rid of ALPR's cancel the flood contract. 2766 03:56:23,860 --> 03:56:31,380 I actually believe Mr. Flock saying that they are an industry leader and honestly, that's embarrassing for the industry. 2767 03:56:32,520 --> 03:56:35,880 Flock only just introduced two factor authentication. 2768 03:56:37,000 --> 03:56:41,700 That was just admitted at Sunnyvale City Council last month. 2769 03:56:42,260 --> 03:56:46,620 They haven't had less data security than applying for a job. 2770 03:56:46,980 --> 03:56:51,880 It is really impossible to believe that they will be able to protect the data. 2771 03:56:51,880 --> 03:56:57,420 And it's been illegal in California to share data outside of the state for a decade. 2772 03:56:57,900 --> 03:57:04,560 And they have spent years doing that, having a nationwide look up to, well, they've already broken trust. 2773 03:57:04,980 --> 03:57:07,060 They cannot be relied upon. 2774 03:57:07,120 --> 03:57:08,640 You need to cancel the contract. 2775 03:57:09,120 --> 03:57:09,860 Thank you. 2776 03:57:11,970 --> 03:57:12,510 Thank you. 2777 03:57:15,130 --> 03:57:18,330 Next is Mary Lynn Morales. 2778 03:57:21,930 --> 03:57:23,170 Hi, thank you. 2779 03:57:24,130 --> 03:57:32,430 I'm a long time Berkeley resident, homeowner and a small business owner in Berkeley, and members of the city council, I'd be 2780 03:57:32,430 --> 03:57:40,450 seats you in the strongest possible terms, do not renew the flock contract as proposed. 2781 03:57:41,810 --> 03:57:44,690 I am more afraid of flock than I am afraid of crime in Berkeley. 2782 03:57:44,690 --> 03:57:50,850 Prime is already down. Everyone is talked about it. We don't need to expand our invasions 2783 03:57:50,850 --> 03:57:57,820 of privacy and further militarize our police force. Save us from the constant fear of 2784 03:57:57,820 --> 03:58:03,480 big brother. Please. Please. Thank you. 2785 03:58:03,760 --> 03:58:04,580 Thank you. 2786 03:58:07,300 --> 03:58:08,960 Next is Jordan. 2787 03:58:13,470 --> 03:58:15,750 Hi. Can you hear me? Yeah. 2788 03:58:15,750 --> 03:58:22,570 Cool. My name is Jordan. I lived in Berkeley for about 22, 23 years. Recently moved 2789 03:58:22,570 --> 03:58:28,790 still very connected to this community. I go to UC Berkeley law. And I am joining the 2790 03:58:28,790 --> 03:58:33,950 overwhelming chorus of people who are asking you to drop the flock contract. I'd like to 2791 03:58:33,950 --> 03:58:40,050 also expand upon that and say, I think that as we built this grassroots power and this 2792 03:58:40,050 --> 03:58:44,730 grassroots movement against flock, we've also seen people more broadly take a stand against 2793 03:58:44,730 --> 03:58:48,610 master valence in general and that includes drones and that includes shots, 2794 03:58:48,610 --> 03:58:52,790 spotter and that includes all of these technologies that get woven together into 2795 03:58:52,790 --> 03:58:57,910 this intricate web of master valence that we are trying to prevent and cannot escape. 2796 03:59:00,070 --> 03:59:03,510 And I had other things to say but I think you're going to vote how you're going to vote. 2797 03:59:03,750 --> 03:59:08,110 I don't know if us saying this is going to sway anyone but I want to add my voice to the 2798 03:59:08,110 --> 03:59:10,290 chorus and I hope that you listen to your constituents. 2799 03:59:11,450 --> 03:59:12,410 Thank you. 2800 03:59:19,000 --> 03:59:23,880 It's another instance of Wendy Elfson here. 2801 03:59:24,840 --> 03:59:27,180 As is Wendy or somebody else. 2802 03:59:28,180 --> 03:59:38,700 Hi, my name is Marilyn Cleveland and I'm a resident of Berkeley and a retired attorney who spent 30 years advising public entities concerning public contracts. 2803 03:59:38,700 --> 03:59:45,220 The daily cow recently published an article about a leaked city attorney memo describing 2804 03:59:45,220 --> 03:59:50,020 the city's exposure to multimillion dollar lawsuits at the council for seeds to renew 2805 03:59:50,020 --> 03:59:51,860 and expand the plot contracts. 2806 03:59:52,640 --> 03:59:57,340 The article states that the proposed contract follows flocks standard terms and conditions. 2807 03:59:58,040 --> 03:59:59,680 Public entities including Berkeley. 2808 04:00:00,000 --> 04:00:13,000 Procedures from the city's form of contract, not from a standard form that the private entity trying to contract with the city provides, even if that another public entity has accepted those terms. 2809 04:00:13,640 --> 04:00:25,780 Piggy backing on another public entities contract is one way to comply with the California Public Contract Code. Piggy backing does not wave the city's responsibility to comply with the applicable state and municipal requirements, 2810 04:00:25,780 --> 04:00:30,440 including sanctuary laws and military equipment reporting requirements. 2811 04:00:30,620 --> 04:00:31,940 That's your time. 2812 04:00:35,280 --> 04:00:36,520 Next is Zachary. 2813 04:00:43,150 --> 04:00:45,010 I'm Zach, D1 resident. 2814 04:00:46,690 --> 04:00:51,510 I think that cameras and ALPRs are a useful tool for solving crimes. 2815 04:00:51,630 --> 04:00:56,330 Again, convictions, and we should stand against crime, but this is about something different. 2816 04:00:56,510 --> 04:00:57,670 This is aggregation. 2817 04:00:58,090 --> 04:01:02,230 There are other ways to get these tools that don't grant automatic third party access. 2818 04:01:02,230 --> 04:01:05,810 And this is really a conversation about civil liberties. 2819 04:01:06,630 --> 04:01:10,350 I was lucky enough to be born in a world before the Patriot Act. 2820 04:01:11,030 --> 04:01:14,310 Year after year, our rights are trimmed back. 2821 04:01:15,230 --> 04:01:21,570 And on average, we saw a drop of four deaths per year due to terrorism before and after the Patriot Act. 2822 04:01:22,550 --> 04:01:26,210 We could have asked everyone just to wear seat belts and it probably would have been more effective. 2823 04:01:26,870 --> 04:01:30,730 A contract with flock will not fix our criminal justice system 2824 04:01:30,730 --> 04:01:36,510 and it will not be in a step in the right direction, we need to aggregate, sorry, it will 2825 04:01:36,510 --> 04:01:41,110 aggregate our data into their cloud, so that it can be served up the very moment, a whiskey 2826 04:01:41,110 --> 04:01:44,930 soak, Pfizer warrant shows up with NSB07 written on it. 2827 04:01:44,930 --> 04:01:45,530 Thank you, Mr. Tom. 2828 04:01:45,530 --> 04:01:45,830 Project. 2829 04:01:48,740 --> 04:01:50,800 Next is Fabiola. 2830 04:01:53,790 --> 04:02:01,210 Uh, Fabiola D5, Madam Mayor and the City Council members, I urge you all to heed the warning from 2831 04:02:01,210 --> 04:02:07,330 the city attorney regarding the potential liability, burply faces if it renews its contract 2832 04:02:07,330 --> 04:02:08,150 with flock. 2833 04:02:08,550 --> 04:02:09,910 Please don't waste our money. 2834 04:02:10,530 --> 04:02:15,130 Regarding that, Opad, my city council member, co-wrote in the BS that claims flock keeps 2835 04:02:15,130 --> 04:02:15,730 us safe. 2836 04:02:16,210 --> 04:02:17,070 Well, that's BS. 2837 04:02:17,650 --> 04:02:21,630 The Opad talks about arrests made for crimes that were committed. 2838 04:02:22,150 --> 04:02:23,690 Where's the public safety there? 2839 04:02:23,930 --> 04:02:25,030 Crimes were committed. 2840 04:02:25,450 --> 04:02:26,510 They were not prevented. 2841 04:02:27,190 --> 04:02:28,790 Flock does not make us safe. 2842 04:02:28,790 --> 04:02:34,930 Again, this proposal represents the largest expansion of surveillance infrastructure in the city 2843 04:02:34,930 --> 04:02:42,010 history and directly undermines Berkeley's longstanding commitment to being a sanctuary city. 2844 04:02:42,750 --> 04:02:48,630 To those of our app ad writers, supporting the surveillance system is totally maga. 2845 04:02:49,030 --> 04:02:51,150 Please vote no to renew the flood contract. 2846 04:02:52,090 --> 04:02:52,450 Thank you. 2847 04:02:56,530 --> 04:02:58,810 Next is Keon. 2848 04:02:59,070 --> 04:03:00,490 Keon Bliss. 2849 04:03:05,200 --> 04:03:06,680 You hear me? 2850 04:03:06,680 --> 04:03:08,040 You hear me? 2851 04:03:08,040 --> 04:03:08,420 You hear me? 2852 04:03:14,680 --> 04:03:15,960 Colleges, can you hear me now? 2853 04:03:16,120 --> 04:03:19,260 Yep, can you hear me now? 2854 04:03:21,700 --> 04:03:33,740 Yeah, just wanted to say that BPD and Council members argue that up to two million dollars for private surveillance technology is needed to compensate for BPD staffing challenges. 2855 04:03:33,740 --> 04:03:39,260 The department is running well, because the department is running well below authorized strength, 2856 04:03:40,500 --> 04:03:41,800 but it's actually a false choice. 2857 04:03:42,080 --> 04:03:48,000 Technology and staffing have never been interchangeable and reality, LPR, cameras generate 2858 04:03:48,000 --> 04:03:53,100 leads, but require officers to actually investigate them, and BPDs reduce staffing means fewer 2859 04:03:53,100 --> 04:03:56,060 investigators available to follow up on LPR hits. 2860 04:03:56,600 --> 04:04:00,660 And peer review research already suggests LPR's effectiveness depends on dedicated units. 2861 04:04:00,660 --> 04:04:05,540 creating that capacity requires staffing, not cameras, but BPD itself calls this technology 2862 04:04:05,540 --> 04:04:12,300 a resource multiplier, even as it's ready to fund that resource multiplier by eliminating 2863 04:04:12,300 --> 04:04:14,200 up to six-worn officer positions. 2864 04:04:15,260 --> 04:04:20,620 So BPD's argument for flock actually highlights the need to actually invest in people, 2865 04:04:21,060 --> 04:04:22,440 rather than male and technology. 2866 04:04:22,560 --> 04:04:23,000 Thanks so much. 2867 04:04:25,660 --> 04:04:27,440 Next is Ralph. 2868 04:04:27,720 --> 04:04:29,540 Ralph, you should be able to unmute. 2869 04:04:45,940 --> 04:04:48,360 Ralph Brown, can you hear us? Can you please unmute? 2870 04:04:53,660 --> 04:04:54,460 They will come back to you. 2871 04:04:55,700 --> 04:04:57,320 Next is Katherine Lewis. 2872 04:05:00,000 --> 04:05:00,340 Hello. 2873 04:05:02,840 --> 04:05:13,020 I'm here tonight. And can only think about how this body has failed its residents, its constituents 2874 04:05:13,540 --> 04:05:23,260 over and over again. I can only think of the infants in Gaza four days old, who were bombed 2875 04:05:23,260 --> 04:05:30,660 in their apartment because of surveillance. You've all heard of the Palestine Laboratory. 2876 04:05:32,800 --> 04:05:41,140 Well, the Berkeley City Council is complicit because they failed failed to condemn genocide 2877 04:05:41,140 --> 04:05:51,620 in Gaza and continue to fail. Don't fail the children of Berkeley as well. Say no to 2878 04:05:51,620 --> 04:05:58,520 block. We do not need this surveillance. What a waste. Look into your hearts and do the right thing. 2879 04:06:00,560 --> 04:06:01,460 Thank you. 2880 04:06:03,600 --> 04:06:07,900 Go back to Ralph Brown. Ralph, are you there? 2881 04:06:10,950 --> 04:06:11,610 And unmute. 2882 04:06:17,170 --> 04:06:19,290 Can you hear me? Yes. Yes. There you go. 2883 04:06:20,550 --> 04:06:27,170 Excellent. This morning to note from the supporters, there's a lot of money that's actually invested. 2884 04:06:27,170 --> 04:06:46,140 and in Berkeley City Council members from some of the supporters like Bay Area Council, who is most notably a prime backer of flock in the Bay Area, and that comes out to amount of that $81,000. 2885 04:06:49,500 --> 04:06:58,360 And the, also with the Berkeley police officer association for existing members of City Council. 2886 04:07:00,280 --> 04:07:02,420 I mean, it comes out to even more. 2887 04:07:04,560 --> 04:07:07,060 It should actually be listening. 2888 04:07:07,240 --> 04:07:14,840 I hope you are actually listening to what concern constituents are actually telling you to do as it comes to. 2889 04:07:14,840 --> 04:07:17,760 This surveillance is not actually keeping you safe. 2890 04:07:18,460 --> 04:07:24,220 What it is is just a field good measure for a lot of these folks, and it doesn't actually give it to you. 2891 04:07:24,360 --> 04:07:25,040 Maybe for most people. 2892 04:07:25,420 --> 04:07:25,740 Thanks. 2893 04:07:26,180 --> 04:07:27,020 Your time, sir. 2894 04:07:27,900 --> 04:07:28,980 Next is Elmira. 2895 04:07:33,680 --> 04:07:34,240 Hi there. 2896 04:07:34,540 --> 04:07:35,360 My name is Elmira. 2897 04:07:35,360 --> 04:07:37,380 I'm a resident of district five. 2898 04:07:37,840 --> 04:07:43,260 And I've done about flock for a little bit, but it wasn't until I got an email from the electronic 2899 04:07:43,260 --> 04:07:48,700 Frontier Foundation telling me that the organization that I lead direct action everywhere 2900 04:07:48,700 --> 04:07:57,750 I show up in searches that they've done looking at to flock over 50 different times and over 50 times people who have been doing 2901 04:07:58,340 --> 04:08:05,110 Public property protests have been surveilled and their license plates have been tracked and this is 2902 04:08:05,520 --> 04:08:10,860 Happening to residents of Berkeley. I am your constituent. This is happening to my friends who are your constituent 2903 04:08:10,860 --> 04:08:28,120 So, this is not a hypothetical, this has already been used to suppress free speech and intimidate people trying to make the world a better place and I strongly encourage you to vote no on this contract to protect people in Berkeley and everywhere who are fighting for a better world. Thank you. 2904 04:08:32,770 --> 04:08:38,250 Next is Mimi. Mimi, you should be able to unmute. There you go. 2905 04:08:38,250 --> 04:08:48,890 Hi there. My name is Danny. I'm I live for eight years on District 8 and I thought and hoped when I moved to Berkeley that this would be a place that reflects my values. 2906 04:08:49,970 --> 04:08:55,790 The hundreds of people that have spoken tonight and the hundreds of people that have spoken at the tier gas commission meeting. 2907 04:08:55,790 --> 04:08:58,010 Those people reflect my values. 2908 04:08:58,890 --> 04:09:01,830 The people I've been working with at our BLFD school 2909 04:09:01,830 --> 04:09:02,770 and in my neighborhood, 2910 04:09:03,130 --> 04:09:05,510 to set up community watch and mutual aid networks, 2911 04:09:06,390 --> 04:09:08,110 those people reflect my values. 2912 04:09:09,430 --> 04:09:11,570 I feel like I really shouldn't have to worry 2913 04:09:11,570 --> 04:09:13,910 about the Berkeley City Council embracing 2914 04:09:13,910 --> 04:09:15,490 and the city of Berkeley embracing 2915 04:09:15,490 --> 04:09:18,110 the approaches and tools of fascism. 2916 04:09:18,130 --> 04:09:21,610 I'm appalled and limited that we're all here again tonight. 2917 04:09:22,230 --> 04:09:24,370 This dynamic where your constituents 2918 04:09:24,370 --> 04:09:32,690 you and droves to act in our best interest. And then the council acts at the opposite. It's 2919 04:09:32,690 --> 04:09:39,990 awful, it's disgusting, it's gross and I'm begging you literally on my knees please please do not 2920 04:09:39,990 --> 04:09:42,370 even forward with flock. Thank you. 2921 04:10:00,000 --> 04:10:06,980 Hi, my name is Chelsea. I grew up on military bases. Just one second, I'm fixing the echo. 2922 04:10:10,820 --> 04:10:14,940 I grew up on military bases, specifically with 2923 04:10:16,160 --> 04:10:27,680 in depth knowledge about military warfare and psychological warfare. What flock is, is it's an arm for Naziism, it's an arm for the military, and it's a tool for direct psychological warfare and control. 2924 04:10:29,600 --> 04:10:36,260 And people know this. It's obvious. Follow the money. For example, the founders and the 2925 04:10:36,260 --> 04:10:43,300 people that pay for flock, Peter Teele. He's in charge of play on tear and sales intelligence 2926 04:10:43,300 --> 04:10:50,780 tools to ice, DHS, and the Pentagon. Another example, Marita Capital, gives flock a lot 2927 04:10:50,780 --> 04:10:56,120 of money and makes a lot of decisions that's owned by the U.S. military by the Air Force. 2928 04:10:56,120 --> 04:11:02,080 None of this is subtle. These firms, bankroll companies that surveil the tain or kill on the name of national security. 2929 04:11:03,120 --> 04:11:08,080 We don't want this furthermore. 2930 04:11:09,000 --> 04:11:11,660 I'd like to. 2931 04:11:12,460 --> 04:11:13,700 No, it's not. 2932 04:11:16,480 --> 04:11:18,740 Next is J.L. 2933 04:11:23,980 --> 04:11:25,240 Hi, can you hear me? 2934 04:11:25,860 --> 04:11:26,100 Yes. 2935 04:11:27,060 --> 04:11:27,500 Thank you. 2936 04:11:27,540 --> 04:11:32,860 I'm a longtime Berkeley community member. I've seen videos where members of the public can hack into these feeds. 2937 04:11:32,860 --> 04:11:40,680 That means anyone with the tools could use these feeds to follow a women home or could access playground feed and watch kids. 2938 04:11:42,400 --> 04:11:44,160 Which has already been reported in other cities? 2939 04:11:44,720 --> 04:11:48,680 Or could follow home someone who just bought something expensive and find out where they live in order to rob them? 2940 04:11:48,980 --> 04:11:54,320 So from those perspectives, thoughts flock actually introduces the possibility for more crimes to happen. 2941 04:11:55,380 --> 04:11:59,840 I've also seen reports where police themselves have used surveillance tools to follow their ex-partners around 2942 04:11:59,840 --> 04:12:03,620 Not because the partner was part of anything criminal, but rather because the officer was 2943 04:12:03,620 --> 04:12:04,940 facking up for personal reasons. 2944 04:12:05,520 --> 04:12:09,180 As someone else has said, there's no special wording that could possibly be used in a contract 2945 04:12:09,180 --> 04:12:11,160 that could ensure the data will be safe. 2946 04:12:11,400 --> 04:12:14,700 You can introduce fines, but this is a slap on the risk to a company like Flock. 2947 04:12:15,080 --> 04:12:18,760 Many cities are realizing that these risks, these are risks they do not want to take. 2948 04:12:19,480 --> 04:12:22,860 The legal risk that it opens the city too and the actual data security risk. 2949 04:12:23,140 --> 04:12:26,640 Many have canceled their contracts, and this is what Berkeley should do. 2950 04:12:26,640 --> 04:12:31,800 And so when else has said, please heed the warning from the city attorney and do not wait for me. 2951 04:12:31,880 --> 04:12:33,140 Thanks so much for your comments. 2952 04:12:36,070 --> 04:12:37,490 Next is Willemina. 2953 04:12:40,730 --> 04:12:42,950 Hi, this is Willemina Condon. 2954 04:12:44,070 --> 04:12:45,970 I'm in District 7. 2955 04:12:46,930 --> 04:12:59,650 And I'm watching these and coming to the city council meetings and I'm completely gobsfacked at how the council has set themselves up as sort of a paternalistic 2956 04:12:59,650 --> 04:13:06,190 no all, completely disregarding their constituents. 2957 04:13:07,330 --> 04:13:11,210 To me, this issue in the city of Berkeley is outrageous. 2958 04:13:11,790 --> 04:13:12,810 It's a no-brainer. 2959 04:13:13,370 --> 04:13:16,670 There's nothing that I've studied, nothing that I've heard 2960 04:13:16,670 --> 04:13:18,730 that makes this a good decision. 2961 04:13:19,450 --> 04:13:23,810 Please start representing us, not against us. 2962 04:13:23,850 --> 04:13:24,930 We're not your enemy. 2963 04:13:25,370 --> 04:13:26,650 We voted for you. 2964 04:13:26,650 --> 04:13:33,030 we would never have voted for you if you if we imagined that you would do something like this. 2965 04:13:34,430 --> 04:13:42,000 No, I'm flock. Thank you. Thank you. Next is Todd Andrew. 2966 04:13:47,940 --> 04:13:54,680 Oh, hi, Council. Can you hear me? Yes. Hey, Todd Andrew district five. I know this is a tough decision 2967 04:13:55,720 --> 04:14:01,820 and we all know that crime was coming down before the implementation of the cameras 2968 04:14:01,820 --> 04:14:05,060 And we all know that the cameras help to solve crime. 2969 04:14:05,560 --> 04:14:10,600 So it's a tough decision, but we have a regime at the federal level who has proved 2970 04:14:10,600 --> 04:14:17,700 lawless and unaccountable, along with their immigration and customer enforcement and customs 2971 04:14:17,700 --> 04:14:19,860 and border patrol agencies. 2972 04:14:21,080 --> 04:14:25,740 And we've had capitulations on the part of media, we've had capitulations on the part 2973 04:14:25,740 --> 04:14:30,860 of law firms and other organizations in this country who's to say, flock is not going to do 2974 04:14:30,860 --> 04:14:38,200 same thing. I would urge you can we keep please maybe the hardware in place for when the 2975 04:14:38,200 --> 04:14:43,500 Trump regime has been vanquished and then turn them back on once they are the hell out of here. 2976 04:14:43,800 --> 04:14:46,180 Thanks a lot. Thanks, Todd. 2977 04:14:48,880 --> 04:14:52,160 Next is Gigi. 2978 04:15:00,000 --> 04:15:28,080 Aye, I'm Jackie Geronimo. I'm a resident of Alcerito, where we just successfully beat our flock contract. And like others, I frequently come to Berkeley to visit friends, go to restaurants, and check out your parks, and so while I'm relieved that I'm not going to be surveilled at home, I don't want to be watched when I come to your city. And your decision today is not about cameras. It's about flock. And I want to talk about how bad and toxic of a company flock is. Berkeley is a reputable city with a reputation of being a beacon of progressiveness. 2979 04:15:28,080 --> 04:15:31,860 So I don't really know what you all are doing, contracting with the most, that's just 2980 04:15:31,860 --> 04:15:34,220 reputable company on the market. 2981 04:15:34,720 --> 04:15:37,240 Engaging in mass surveillance is going to harness your reputation. 2982 04:15:37,560 --> 04:15:41,280 Fifty cities have already canceled their contracts, even ring, which is a mass surveillance 2983 04:15:41,280 --> 04:15:43,040 company has canceled its contracts. 2984 04:15:44,540 --> 04:15:49,020 You all need to wake up and realize that you are living in 1939 Germany, so whatever you 2985 04:15:49,020 --> 04:15:52,540 imagine that you would do if you were alive during Nazi Germany, you are doing that right 2986 04:15:52,540 --> 04:15:53,100 now. 2987 04:15:53,300 --> 04:15:57,880 How will you feel in 6 or 12 months when one of your residents starts disappearing, because 2988 04:15:57,880 --> 04:16:01,860 They were protesting and you have to live with the realization that you green with the technology 2989 04:16:01,860 --> 04:16:02,940 that made that possible. 2990 04:16:03,320 --> 04:16:04,360 How will you say that? 2991 04:16:04,480 --> 04:16:04,760 Thank you. 2992 04:16:08,680 --> 04:16:08,780 Thank you. 2993 04:16:08,780 --> 04:16:10,060 Next is Jen. 2994 04:16:10,540 --> 04:16:12,200 Jen, you should be able to unmute. 2995 04:16:13,240 --> 04:16:13,480 Hi. 2996 04:16:13,780 --> 04:16:19,060 I'm a district five resident and I strongly oppose doing business with flock and honestly I feel 2997 04:16:19,060 --> 04:16:22,460 a real sense of despair that we're even having this debate. 2998 04:16:22,920 --> 04:16:27,680 Flock has shown itself to be untrustworthy time and again and it seems to me to be magical 2999 04:16:27,680 --> 04:16:32,360 thinking to believe that Berkeley can somehow prevent data sharing when so many other jurisdictions 3000 04:16:33,100 --> 04:16:38,500 couldn't. The question before the council tonight is not simply one of local safety. I really 3001 04:16:38,500 --> 04:16:44,140 really wish it was, but unfortunately the real question here is whether Berkeley is going to voluntarily 3002 04:16:44,140 --> 04:16:51,080 contribute to a mass surveillance network that aids in humane political agendas and imperils the 3003 04:16:51,080 --> 04:16:57,480 privacy rights well being and sometimes the lives of countless people. Dr. Maya Angelou once said 3004 04:16:57,480 --> 04:17:03,380 when people show you who they are believe them the first time. Flux safety has shown us over 3005 04:17:03,380 --> 04:17:10,660 and over who they are please believe them and vote no on continuing to do business with flock. Thank you. 3006 04:17:12,100 --> 04:17:12,900 Thank you. 3007 04:17:15,270 --> 04:17:18,530 Next is the username just says iPhone. 3008 04:17:26,340 --> 04:17:32,880 If you continue to work with Flock, you will be personally responsible for the arrest of women 3009 04:17:32,880 --> 04:17:37,740 who have abortions, like happened in Texas when police performed a nationwide search 3010 04:17:37,740 --> 04:17:45,300 of cameras, last May, Flock employees accessing videos of children's gymnastics rooms, 3011 04:17:45,660 --> 04:17:51,820 a playground, a school, a Jewish community center, and a swimming pool in Atlanta, Georgia, 3012 04:17:51,820 --> 04:18:03,620 Police drawing guns on innocent families, including children, which happened in Arkansas, police dogs mulling innocent black drivers, like happened in West Hollywood just in March. 3013 04:18:04,440 --> 04:18:15,220 The detention and subsequent torture of immigrants, because according to the ACLU, records revealed that many flock searches were carried out by local officers on behalf of ICE. 3014 04:18:15,220 --> 04:18:20,360 stalking of romantic partners by police which has already been documented 14 times per the 3015 04:18:20,360 --> 04:18:25,720 justice institute. 75-year-old grandma was being repeatedly pulled over due to misidentified 3016 04:18:25,720 --> 04:18:31,340 plates which has happened in Boulder, Colorado over the last few months and countless other 3017 04:18:31,340 --> 04:18:33,060 crying moments. 3018 04:18:37,270 --> 04:18:39,530 Next is John Lindsay Poland. 3019 04:18:41,770 --> 04:18:45,370 There have been several claims this evening that 3020 04:18:45,370 --> 04:18:50,660 Richmond turned off its flood cameras that crime went up and this is just a misreading of the data. 3021 04:18:51,730 --> 04:18:57,030 Richmond's cameras went on in April 2023. They turned them off in November of 2025. 3022 04:18:57,850 --> 04:19:05,790 During that period between 2022 and 2024, robbery rates, when the time when the flood cameras were on, 3023 04:19:05,890 --> 04:19:14,230 robbery rates went up by 29%. Sexual assault went up by 22%. Vehicle theft went up by 6.6% 3024 04:19:14,230 --> 04:19:18,770 arson went up by 15% from the times when the flood cameras were off. 3025 04:19:19,170 --> 04:19:21,410 This is just a misstatement of the facts. 3026 04:19:21,950 --> 04:19:26,070 Crime responds to a lot of other things besides whether people are being watched. 3027 04:19:26,850 --> 04:19:32,490 And this is just not one more reason that you should be convinced. 3028 04:20:00,000 --> 04:20:07,080 Hey guys, I'm yet another district five resident ashamed of my representative, really, really embarrassed. 3029 04:20:08,740 --> 04:20:15,760 I know you're not listening, your own lawyer and auditor have told you not to do this, and you're pushing through anyway. Two weeks ago, 3030 04:20:15,960 --> 04:20:22,940 we were talking about the $30 million deficit, but suddenly you found the money to pay for the lawsuits that are going to come from this. 3031 04:20:22,940 --> 04:20:30,740 Really proud of you for finding the money loved to know where it came from seems like there are better ways to spend tens of millions of dollars that your own lawyer 3032 04:20:30,740 --> 04:20:32,660 have told you your opening is up to 3033 04:20:34,240 --> 04:20:43,020 BPPPPPPD staffing issues have everything to do with the erosion of community trust and the fact that they're lying to you and us to get to get more toys 3034 04:20:43,020 --> 04:20:48,420 to play with the spy on us is not helping. It's actually hurting their own staffing issues and 3035 04:20:49,600 --> 04:20:52,660 The community trust that they keep claiming they want to build 3036 04:20:53,220 --> 04:20:54,820 It's not going to be built on this. 3037 04:20:54,960 --> 04:20:56,420 You want to spy on kids playgrounds. 3038 04:20:56,500 --> 04:20:59,240 You want to track down your ex-girlfriend. 3039 04:20:59,480 --> 04:21:00,700 Do it on somebody else's dime. 3040 04:21:01,240 --> 04:21:02,160 This is a bad idea. 3041 04:21:02,560 --> 04:21:03,180 I wish you'd listen. 3042 04:21:03,380 --> 04:21:03,920 We're all just standing. 3043 04:21:04,220 --> 04:21:05,220 Your time's up right now. 3044 04:21:09,890 --> 04:21:12,590 Next is Avery Arba. 3045 04:21:23,440 --> 04:21:23,920 Avery. 3046 04:21:24,400 --> 04:21:25,040 You're unmuted. 3047 04:21:28,750 --> 04:21:29,950 Avery, you're unmuted. 3048 04:21:30,170 --> 04:21:31,030 Can you hear us? 3049 04:21:39,670 --> 04:21:40,730 Avery, are you there? 3050 04:21:44,330 --> 04:21:45,250 Maybe we come back to that. 3051 04:21:45,250 --> 04:21:46,030 We'll come back. 3052 04:21:48,300 --> 04:21:50,400 Next is Anne Dixon. 3053 04:21:50,400 --> 04:21:51,320 I, 3054 04:21:55,740 --> 04:22:02,480 my name is Anna and I live in District 1, and I just wanted to also mention that I believe 3055 04:22:02,480 --> 04:22:09,060 Trevor has Trevor Chandler, Mr. Flawke, has clear conflicts of interest in this that he's 3056 04:22:09,060 --> 04:22:18,080 been working with us. He is not only a board member of the Bay Area Council, which their 3057 04:22:18,080 --> 04:22:22,920 public safety initiative has come to these meetings twice. 3058 04:22:23,080 --> 04:22:25,200 They were in here earlier and pushed flop. 3059 04:22:25,920 --> 04:22:28,640 He's also an elected member of the San Francisco 3060 04:22:28,640 --> 04:22:30,460 Democrat party. 3061 04:22:30,820 --> 04:22:32,880 And I just, this is way too close. 3062 04:22:33,820 --> 04:22:36,020 It's inappropriate for Berkeley. 3063 04:22:36,220 --> 04:22:38,840 And I think that Flock has, once again, 3064 04:22:39,020 --> 04:22:40,920 just wasted a bunch of people's time. 3065 04:22:41,480 --> 04:22:43,280 They cannot do what they say. 3066 04:22:43,860 --> 04:22:44,920 And I mean, this is inappropriate. 3067 04:22:44,920 --> 04:22:56,300 that we cannot actually prove a contract with what is going on, right now, like this has to be talked about before that. Thank you. 3068 04:22:58,570 --> 04:23:11,850 Thank you. Just so folks know we've got about 13 speakers that, but only about 11 minutes. Oh, sorry, 13 minutes. So it's so we might lose some folks because of the timing. 3069 04:23:11,850 --> 04:23:13,630 next is Vince. 3070 04:23:17,500 --> 04:23:39,060 Hi Vince Montemann district five. Excuse me, district five. A lot of the council questions really frustrated me earlier because I think we got bogged down and questions about our sanctuary policies or what language we can put in the contractor, what about this hypothetical. 3071 04:23:41,080 --> 04:23:46,060 But we're basically saying at the end of the day, we're going to build this surveillance state. 3072 04:23:47,640 --> 04:23:51,320 But Berkeley City Council is going to have control over it. 3073 04:23:51,780 --> 04:23:55,320 And I have an issue with that. I'm not comfortable with that. 3074 04:23:55,540 --> 04:24:01,140 I don't care if you're an left wing person or a right wing person or if you're the president or if you're the city council. 3075 04:24:01,960 --> 04:24:04,800 I don't want you to be spying on me no matter who you are. 3076 04:24:04,800 --> 04:24:10,260 So, I just feel like this is the type, you know, we like to march for no kings. 3077 04:24:10,400 --> 04:24:14,400 This is the type of system that a king would build to control the people. 3078 04:24:15,000 --> 04:24:18,500 So we have to oppose this, please don't know on this item. 3079 04:24:20,200 --> 04:24:21,080 Thank you. 3080 04:24:21,640 --> 04:24:23,140 Mark, can we try to get Avery back? 3081 04:24:23,360 --> 04:24:25,500 I think Avery's got their hand up again. 3082 04:24:27,480 --> 04:24:28,360 Uh, yes. 3083 04:24:31,220 --> 04:24:31,380 Who? 3084 04:24:32,560 --> 04:24:33,000 Avery? 3085 04:24:33,000 --> 04:24:33,300 Okay. 3086 04:24:33,980 --> 04:24:35,040 Avery, you're unmeated. 3087 04:24:35,640 --> 04:24:36,680 Can you hear me this time? 3088 04:24:36,680 --> 04:24:48,700 Yes. Okay, fantastic. Good evening, mayor, night mayor and council members. My name is Avery. I'm the chair of the Berkeley tenants union and head of the Berkeley tenant organizing task force. 3089 04:24:49,320 --> 04:24:59,980 After measure VB was passed, one of the first things are first building why tenants union to enter bargaining with their landlord fought for was a data privacy safety plan to protect. 3090 04:25:03,440 --> 04:25:05,560 Next is NB. 3091 04:25:09,960 --> 04:25:11,220 Hi there. 3092 04:25:12,740 --> 04:25:17,240 So, a lot of people are talking about drones, cameras, software, keeping that safe. 3093 04:25:17,440 --> 04:25:20,520 As others have said, there's no independent evidence, such as any of that. 3094 04:25:20,740 --> 04:25:25,280 The surveillance methods decrease crime, or improve clearance rates, right? 3095 04:25:25,300 --> 04:25:26,620 There's no independent studies on this. 3096 04:25:26,940 --> 04:25:33,900 But I also want to talk about what it means for us to do this, even if it did keep us safe, 3097 04:25:33,900 --> 04:25:42,260 We would be throwing everyone else under the bus in the states and localities that Mr. Fox said this stuff is legal right they follow the law 3098 04:25:42,260 --> 04:25:51,080 That means in Texas. They harass trans people and find women getting abortions in Kansas where they overnight made trans drivers life in the legal 3099 04:25:51,080 --> 04:25:56,120 They can track them down. So why would we give our money to this company help train their AI models? 3100 04:25:56,200 --> 04:26:01,790 It's impossible to remove data from an AI model once it's been trained. We don't have that capability. Why would we do that? 3101 04:26:01,790 --> 04:26:07,590 Even if it did keep us safe, why would we throw everyone else in the country under the bus, all of our marginalized communities? 3102 04:26:16,890 --> 04:26:18,170 Devon, you should be able to unmute. 3103 04:26:19,510 --> 04:26:19,690 Yeah. 3104 04:26:20,850 --> 04:26:22,330 Yeah, here I am. Can you hear me? 3105 04:26:22,430 --> 04:26:22,750 Yes. 3106 04:26:23,350 --> 04:26:25,230 Hi, my name is Dr. Devon Pestica. 3107 04:26:25,510 --> 04:26:30,050 I've lived in Berkeley for over 20 years and have been really happy here. 3108 04:26:30,090 --> 04:26:34,150 I live in District 3 with then Bartlett as my council member. 3109 04:26:34,150 --> 04:26:42,230 And I just can't believe I just heard that the license plates are automatically imaged. 3110 04:26:44,030 --> 04:26:50,390 I just can't believe like basically a system that I don't consent to. 3111 04:26:50,790 --> 04:26:56,070 And so many of us don't consent to will be just rolled out like this. 3112 04:26:56,070 --> 04:27:04,950 And I can't believe that Elistrito voted the flock proposal down and here in this progressive left-leaning city that I really have 3113 04:27:04,950 --> 04:27:12,770 expensive excited about living, living in, that they're actually believing that a private corporation will be 3114 04:27:12,770 --> 04:27:23,610 responsible and trustworthy with all of our surveillance data. And that the courts, of course, and federal agencies can 3115 04:27:23,610 --> 04:27:24,670 Go to the courts. 3116 04:27:25,150 --> 04:27:26,170 Thanks for your comment. 3117 04:27:26,730 --> 04:27:26,970 Time's up. 3118 04:27:27,570 --> 04:27:28,390 Next is Deb. 3119 04:27:31,800 --> 04:27:32,120 Hi. 3120 04:27:32,540 --> 04:27:36,940 I just wanted to point out what hasn't been discussed that there's a potential for increasing 3121 04:27:36,940 --> 04:27:43,740 costs over time with flocks, flocks, as a subscription service that they can raise their 3122 04:27:43,740 --> 04:27:47,220 fees over time and apparently they've done that with other jurisdictions. 3123 04:27:48,000 --> 04:27:54,320 So that's kind of another cost that the current council is putting us in for going forward. 3124 04:27:54,320 --> 04:27:55,460 Thank 3125 04:27:57,830 --> 04:27:59,950 you. 3126 04:28:02,980 --> 04:28:04,880 Next is Ann Parker. 3127 04:28:13,390 --> 04:28:13,870 Are you there? 3128 04:28:14,310 --> 04:28:14,930 Ann Parker. 3129 04:28:19,610 --> 04:28:20,750 Let me start over. 3130 04:28:20,850 --> 04:28:25,410 When I hear Mass surveillance being considered as a wave life in Berkeley, I just don't recognize 3131 04:28:25,410 --> 04:28:31,310 the city I've been for years as a student, mom, grandma, pediatrician. 3132 04:28:32,390 --> 04:28:34,670 I'm sure this is not the will of Berkeley residents. 3133 04:28:35,030 --> 04:28:37,530 What's the city council missing and why? 3134 04:28:37,530 --> 04:28:47,030 This is contrary to the reason we live in Berkeley and in this country, country built on generations of people who fled fascism and autocracy. 3135 04:28:47,850 --> 04:28:53,470 Please support democracy in several civil liberties and not democracy and distrust. 3136 04:28:53,770 --> 04:29:00,250 Safety is associated with communities, supporting communities through funding its institutions and not mass surveillance. 3137 04:29:00,250 --> 04:29:15,210 Please hear us hear the majority of those thinking you hear tonight, and the majority of citizens in Berkeley, both against surveillance and begin by voting against this contract with floss for many reasons presented tonight. 3138 04:29:15,630 --> 04:29:16,910 Most of us, 3139 04:29:19,410 --> 04:29:23,330 and most law, rethink supporting fascist. 3140 04:29:23,390 --> 04:29:24,050 Thank you. 3141 04:30:00,050 --> 04:30:19,090 Hello, can you hear me? Yes. Hi, I'm a district five resident and I just wanted to come here tonight to say that like I've listened to everybody's wonderful comments. I've learned a lot from everybody here and whether or not you are 3142 04:30:19,090 --> 04:30:26,670 or against or whatever your political leanings are or whatever whether you believe that we're living under fascism and whatnot. 3143 04:30:27,850 --> 04:30:43,090 It doesn't matter that there has been decades, decades of research into the sorts of things that can be done by a community and a civil infrastructure to reduce the crime to stop crime. 3144 04:30:43,710 --> 04:31:07,090 the surveillance infrastructure is never one of those things. I mean, somebody brought up the Patriot Act earlier and I just wanted to bounce off that because the Patriot Act has been around longer than I've been alive and my whole life I've been hearing about crime crime crime and the Patriot Act is it gives intelligence agencies and the government the ability to 3145 04:31:14,300 --> 04:31:24,060 I am a black mom and tenant organizer in District 7, demanding that you reject and cancel the contract with Flock expansion of the fascist maga police surveillance state. 3146 04:31:24,740 --> 04:31:30,280 Flock is a fascist escalation diametrically and irritate considerably opposed to Berkeley sanctuary city policy. 3147 04:31:30,280 --> 04:31:35,420 There's no way to ethically vote to deploy flock in a quote-unquote sanctuary city, and there's 3148 04:31:35,420 --> 04:31:40,460 especially no way to ethically ignore a vast majority of Berkeley civilian constituents, 3149 04:31:41,100 --> 04:31:45,520 legal counsel, UC research, and the police accountability board, all of whom overwhelmingly 3150 04:31:45,520 --> 04:31:51,660 reject this, listen, no on flock, cancel the contract, reject flock, and break democracy. 3151 04:31:52,040 --> 04:31:56,800 If you still plan to vote for a flock tonight, you should just resign instead, before expanding 3152 04:31:56,800 --> 04:31:59,700 the most of various surveillance technology in the world, 3153 04:31:59,920 --> 04:32:02,300 develop resources to essential tech-like public zoom 3154 04:32:02,300 --> 04:32:05,180 meetings that don't boot constituents multiple times 3155 04:32:05,180 --> 04:32:06,580 in between pandemics. 3156 04:32:06,920 --> 04:32:09,280 Do not wait for further harm to come to your constituents, 3157 04:32:09,980 --> 04:32:11,720 community and neighbors like Martinez, 3158 04:32:11,980 --> 04:32:14,360 not five times, and the giant psychological toll 3159 04:32:14,360 --> 04:32:16,620 of knowing that we are being stalked undemocratically 3160 04:32:16,620 --> 04:32:18,180 by local police and government. 3161 04:32:18,220 --> 04:32:19,740 Right now, in a time set. 3162 04:32:20,600 --> 04:32:22,100 Next is Distavo. 3163 04:32:28,400 --> 04:32:37,400 Um, Gustavo Espinoza, high performance computing machine learning engineer, um, one thing I want to bring up is that 3164 04:32:38,740 --> 04:32:44,400 Flock the whole, I mean, in terms of an efficiency thing, the technology is just not 3165 04:32:44,400 --> 04:32:51,200 efficient. The models are open source, you're able to find them online, and you're essentially just paying for 3166 04:32:51,200 --> 04:32:59,880 Server $2 million for Server costs. That doesn't really make sense. You could just hire an engineer to do this stuff for you. 3167 04:33:02,000 --> 04:33:06,640 There's no fiscal reason why you would invest $2 million in the flock. 3168 04:33:07,380 --> 04:33:13,140 Lastly, there's something I do want to bring up. There's been a lot of parallel between Palestine and Israel 3169 04:33:13,140 --> 04:33:21,140 and it's kind of weird that Mr. Flock used to be associated with a pack up until like 2018, 2019. 3170 04:33:23,400 --> 04:33:24,920 That's kind of telling. 3171 04:33:29,700 --> 04:33:32,740 There's more to say about the title if anyone's curious. 3172 04:33:33,320 --> 04:33:34,300 Thanks for your time, sir. 3173 04:33:34,600 --> 04:33:36,160 Next is KC. 3174 04:33:36,880 --> 04:33:40,860 There's only three people left. I'd like to let them go. 3175 04:33:41,880 --> 04:33:41,960 So... 3176 04:33:41,960 --> 04:33:43,000 Well, there's more reason. 3177 04:33:43,000 --> 04:33:47,200 Well, I'm going to take those three people that we just said that we're left. 3178 04:33:48,500 --> 04:33:48,780 Hi. 3179 04:33:48,960 --> 04:33:50,000 This is Karen Chen. 3180 04:33:50,140 --> 04:33:51,860 I'm a resident of district four. 3181 04:33:52,080 --> 04:33:55,700 I've been here for the past five years in Berglien's 60 for six years. 3182 04:33:57,080 --> 04:34:02,880 I just want to encourage the council and the mayor to vote no on this contract because 3183 04:34:02,880 --> 04:34:03,860 it is. 3184 04:34:04,000 --> 04:34:08,500 This type of surveillance technology is very clearly counter to the aim of community safety 3185 04:34:08,500 --> 04:34:15,900 and obviously a drain on taxpayer resources. Thank you. Thank you. 3186 04:34:15,900 --> 04:34:20,680 And next is Kelly Hammergren. 3187 04:34:32,830 --> 04:34:38,200 Kelly should be able to show us that you're unmuted. 3188 04:34:40,950 --> 04:34:42,490 Kelly, can you hear us? You're unmuted. 3189 04:34:42,490 --> 04:34:43,290 and 3190 04:34:47,160 --> 04:34:52,640 we can come back to Kelly C Rock. 3191 04:35:00,000 --> 04:35:09,760 Aye, aye, aye, give anything. Mayor and members of the city council, my name is Syracmy Kiel. I actually am right outside, but just came back from the housing advisory commission. 3192 04:35:10,640 --> 04:35:13,600 We will not be safe with any version of a flood contract. 3193 04:35:14,140 --> 04:35:19,600 Flock, which has already shared data with ICE, will not fight in a court order to protect the city's data. 3194 04:35:20,200 --> 04:35:27,060 There is nothing we can put in our contract to prevent flood from sharing this, and previous violations of the law and contract by Flock. 3195 04:35:27,060 --> 04:35:31,020 Cities were unaware of data privacy breaches until after they already happened. 3196 04:35:31,460 --> 04:35:35,360 In several cases, city officials still don't know the extent of what happened with their 3197 04:35:35,360 --> 04:35:38,600 constituent state of violations could happen without any of us knowing. 3198 04:35:39,020 --> 04:35:44,220 Law enforcement have violated, fault contracts, and use private data to detain immigrants, 3199 04:35:44,600 --> 04:35:48,160 punish people seeking abortions that even sought ex-partners of police officers. 3200 04:35:48,740 --> 04:35:53,240 And even if we believe BPD's claim that flock will result in hundreds of thousands of dollars in savings, 3201 04:35:53,240 --> 04:35:55,780 which I do not. This contract exposes the city 3202 04:35:55,780 --> 04:35:57,440 to tens of millions of dollars in liability. 3203 04:35:57,960 --> 04:35:59,660 As documented, the city attorney's memos 3204 04:35:59,660 --> 04:36:00,960 provided to the daily call. 3205 04:36:01,200 --> 04:36:02,820 Please, doesn't community and stop, fuck. 3206 04:36:03,440 --> 04:36:04,020 Thanks, Eric. 3207 04:36:05,500 --> 04:36:08,680 I see, uh, Mark, I see Kelly's iPad that probably is Kelly. 3208 04:36:08,920 --> 04:36:10,900 Yes. And that would be our last speaker. 3209 04:36:14,470 --> 04:36:16,210 Okay, can you hear me this time? 3210 04:36:16,430 --> 04:36:19,170 Yes, we can. You are a final speaker for this evening. 3211 04:36:19,910 --> 04:36:21,550 Oh, that's a big responsibility. 3212 04:36:21,550 --> 04:36:22,170 ability. 3213 04:36:25,660 --> 04:36:32,180 You know, people have said so much tonight. It's hard to even add anything to that. 3214 04:36:32,780 --> 04:36:39,280 Flock. Flock is a nationwide surveillance system. It's the wrong decision. It's the wrong way to go. 3215 04:36:39,640 --> 04:36:45,740 And I plead with you, plead with you, to say no to Flock. 3216 04:36:45,740 --> 04:36:55,760 It, um, there just isn't anything good that I have been able to find about, except looking 3217 04:36:55,760 --> 04:37:04,480 at the Flock website maybe, but everything else I pick up is about all the problems with 3218 04:37:04,480 --> 04:37:11,880 Flock and how data is shared and misused, and we just shouldn't be doing that in the city 3219 04:37:11,880 --> 04:37:20,180 Berkeley. So I plead with you to please say no. And if there hadn't been a line I'd be 3220 04:37:20,180 --> 04:37:22,460 there in person. Thanks Kelly. 3221 04:37:27,060 --> 04:37:31,220 Hey, thank you so much everyone. I appreciate hearing all of 3222 04:37:31,220 --> 04:37:35,600 the public comments. We have now had three hours of public comment, two hours in person, 3223 04:37:35,920 --> 04:37:41,540 one hour of mine. So we will now move on to council comments. Starting with council member, 3224 04:37:41,540 --> 04:37:48,020 back. Great. Thank you, Madam Mayor. So it started first. I just wanted to thank everyone 3225 04:37:48,020 --> 04:37:55,500 who came for speaking out and singing out as the case may be tonight. Over the past few weeks 3226 04:37:55,500 --> 04:38:02,120 and especially the last couple of days I've heard from many residents on all sides of this issue. 3227 04:38:02,620 --> 04:38:08,780 I appreciate all the thoughtful emails and phone calls we've received from folks in district six 3228 04:38:08,780 --> 04:38:13,060 from former colleagues on the police kind of building board, from local business owners, 3229 04:38:13,260 --> 04:38:17,020 from members of the Berkeley Immigration, Collective, and so many others. 3230 04:38:17,700 --> 04:38:22,000 And today with the benefit of that feedback and that input, I want to share how I'm making this decision 3231 04:38:22,000 --> 04:38:27,880 weighing these many factors. The concerns that I have heard, I know many of us have heard 3232 04:38:27,880 --> 04:38:34,300 from constituents are real and serious. Data privacy, the risk of federal authority is gaining access 3233 04:38:34,300 --> 04:38:38,500 the local data and the safety of vulnerable members of our community. 3234 04:38:39,260 --> 04:38:43,480 Given the Trump administration's aggressively unlawful immigration enforcement actions, 3235 04:38:43,920 --> 04:38:46,100 those worries are not abstract. 3236 04:38:46,780 --> 04:38:50,980 I take them seriously and they have shaped how I'm approaching this vote. 3237 04:38:52,180 --> 04:38:56,380 Berkeley's police department is among the finest in the country. 3238 04:38:57,160 --> 04:39:03,800 Chief Louis, Deputy Chief Tate Mr. Momburg and our officers serve our community every day 3239 04:39:03,800 --> 04:39:07,860 with professionalism, intelligence, dedication, and compassion. 3240 04:39:08,820 --> 04:39:14,360 I strongly support the work of the BPD and everything they do to keep our community safe every day. 3241 04:39:15,000 --> 04:39:19,540 I also strongly support the use of modern technology with clear guardrails and frequent 3242 04:39:19,540 --> 04:39:21,340 audits to advance public safety. 3243 04:39:22,220 --> 04:39:26,320 ALPR technology has proven, I think you'll like what I would say. 3244 04:39:26,920 --> 04:39:30,220 ALPR technology has proven to be an important investigative tool. 3245 04:39:30,220 --> 04:39:35,700 Over the past 18 months, Fawke LPRs have assisted Berkeley police in more than 161 cases, 3246 04:39:36,040 --> 04:39:40,380 contributing to 83 arrests involving serious crimes, such as attempted homicide, 3247 04:39:40,580 --> 04:39:47,680 hitting runs, car jackings, assaults, and kidnappings, including six alerts in just one day last week 3248 04:39:47,680 --> 04:39:51,160 that led to a series of investigative follow-ups. 3249 04:39:51,920 --> 04:39:53,920 Behind these numbers are real people. 3250 04:39:54,360 --> 04:39:59,480 I heard earlier tonight, people were trying to discount the numbers, but these are all real people 3251 04:39:59,480 --> 04:39:59,980 and ff 3252 04:40:00,000 --> 04:40:06,060 That I got from the Department. The District 6 alone, ALPRs have helped us solve a series of home invasion 3253 04:40:06,060 --> 04:40:13,620 robberies, recover stolen vehicles, apprehend a roofing and construction scam, rain, yes, 3254 04:40:13,780 --> 04:40:22,260 those exist, and get justice for a sexual assault victim. These people matter too. Some 3255 04:40:22,260 --> 04:40:26,660 critics have suggested that we hire more police officers instead of licensing technology tools. 3256 04:40:27,340 --> 04:40:29,680 Unfortunately, this is a false choice. 3257 04:40:30,420 --> 04:40:33,000 Despite focused work on recruitment and retention, 3258 04:40:33,620 --> 04:40:37,000 BPD has been understaffed for years, not for the lack of effort, 3259 04:40:37,320 --> 04:40:40,740 but this is a hard market to recruit and retain police officers. 3260 04:40:41,460 --> 04:40:44,460 And just the past few months, Berkeley has lost six officers 3261 04:40:44,460 --> 04:40:47,040 to San Francisco's aggressive recruitment campaign. 3262 04:40:47,740 --> 04:40:50,680 We can't just hire our way out of this. 3263 04:40:50,900 --> 04:40:53,460 On the contrary, providing officers with effective tools 3264 04:40:53,460 --> 04:40:57,320 is part of how we recruit and retain them. 3265 04:40:57,700 --> 04:41:02,440 Walking away from modern technology would make our staff in problem worse, not better. 3266 04:41:03,440 --> 04:41:08,320 At the same time, the city must ensure that any public safety technology is 3267 04:41:08,320 --> 04:41:11,820 prepared from a company that can earn and maintain the public's trust. 3268 04:41:12,460 --> 04:41:16,960 That community trust is crucial to me and to everyone up here. 3269 04:41:16,960 --> 04:41:25,000 Flock has faced criticism for past data sharing practices rightfully so, involving outside agencies without local authorization. 3270 04:41:25,680 --> 04:41:29,880 These concerns of understandably created real skepticism within parts of our community. 3271 04:41:30,080 --> 04:41:32,840 We've heard much of it here tonight. I've heard much of it over the last couple of weeks. 3272 04:41:33,680 --> 04:41:36,300 They want careful consideration before moving forward. 3273 04:41:37,000 --> 04:41:43,120 I know Flock has indicated that they have taken steps to remediate, but the outcome remains to be seen. 3274 04:41:47,240 --> 04:41:49,420 As I mentioned from the start, 3275 04:41:49,420 --> 04:42:00,260 This technology is important for Berkeley, but equally important is making sure that we get this decision right, and build the public trust that we need in our decision making process. 3276 04:42:00,780 --> 04:42:06,180 I have full confidence in Chief Lewis and the professionalism of our officers in uniform and the BPD staff. 3277 04:42:07,080 --> 04:42:13,740 We should be equally sure that the tools that we license these same superior standards of performance. 3278 04:42:13,740 --> 04:42:19,360 I believe tonight it's more important to get it right than to get it fast. 3279 04:42:20,100 --> 04:42:22,180 So I propose that we do take that time. 3280 04:42:23,080 --> 04:42:29,300 So for the purposes of moving the process forward and I look forward to comments from my colleagues. 3281 04:42:30,060 --> 04:42:34,960 I've got a multiple part motion and I'll try and lay it out for Mark because I know he's 3282 04:42:34,960 --> 04:42:35,820 right and fast. 3283 04:42:36,860 --> 04:42:42,680 So the motion would be starting with the chief's updated proposal as the base motion. 3284 04:42:43,220 --> 04:42:49,800 as amended by the Supplemental from Mayor Issue, Council Member Runa Park, Council Member Traygad. 3285 04:42:50,280 --> 04:42:53,680 There are sections one through six, eight and nine. 3286 04:42:54,820 --> 04:43:00,360 Not to move forward, we will not move forward with the MSA, the full MSA execution, as proposed. 3287 04:43:01,080 --> 04:43:02,180 Do you want to see what MSA means? 3288 04:43:02,220 --> 04:43:02,580 That's all right. 3289 04:43:02,700 --> 04:43:04,980 We will not move forward with the full contract at this point. 3290 04:43:05,600 --> 04:43:10,880 We will refer to the C Manager, the Initiation of an RFP process, and consultation with police 3291 04:43:10,880 --> 04:43:14,820 kind of build a board in BPD for each of the components and for their integration. 3292 04:43:16,880 --> 04:43:22,400 Through that RFP period, extend the ALPR contract, incorporating as many contract changes 3293 04:43:22,400 --> 04:43:27,120 as possible from the Humberit BlackBee Supplementals plus the letter that we received back 3294 04:43:27,120 --> 04:43:33,460 from flock that indicated acceptance of some of those contract terms and to take no action 3295 04:43:33,460 --> 04:43:36,260 on item 1B on tonight's agenda. 3296 04:43:36,960 --> 04:43:42,020 So, yeah, I just want to thank everyone second by motion, and thank you for thanks for listening. 3297 04:43:43,380 --> 04:43:43,700 Thank you. 3298 04:43:44,100 --> 04:43:45,900 The second was from Council Member Humberg. 3299 04:43:48,940 --> 04:43:50,780 So, yeah, you're in the queue. 3300 04:43:51,400 --> 04:44:00,160 So, I would also like to ask that we sever the part of your motion that was referring 3301 04:44:00,160 --> 04:44:07,960 to our portions, the 1 through 6, 8 and 9 from the supplemental, and I can just request to do 3302 04:44:07,960 --> 04:44:08,100 that. 3303 04:44:08,240 --> 04:44:09,700 So I'm going to do that. 3304 04:44:10,260 --> 04:44:14,900 And then, yeah, does anyone else have anything about this particular motion before we 3305 04:44:14,900 --> 04:44:15,800 continue on? 3306 04:44:16,600 --> 04:44:17,360 Is it symmetrical? 3307 04:44:18,180 --> 04:44:18,580 Yes. 3308 04:44:18,900 --> 04:44:23,960 So the sections, 1 through 6, let me just pull it up. 3309 04:44:23,960 --> 04:44:30,920 And yeah, they are referring to the use the policies around the items themselves. 3310 04:44:31,820 --> 04:44:40,660 And then specifically our asking number eight is referred to the City Manager to amend 3311 04:44:40,660 --> 04:44:46,300 ordinance 2.99 to include a violation slash termination clause for surveillance technology 3312 04:44:46,300 --> 04:44:46,660 vendors. 3313 04:44:46,660 --> 04:44:59,900 And number nine was referred to the City Manager in City Attorney, additional contractual language required vendor to inform the city of any request for information, including but not limited to Sapena's discovery request. 3314 04:45:00,000 --> 04:45:10,660 And through the RFP period, it is for a period of up to 12 months. If we figure out sooner and end up somewhere sooner, you know, we can move sooner, but the extension goes up to 12 months for that RFP period. 3315 04:45:11,240 --> 04:45:17,320 Okay. Thank you. All right. Let's go through the comments. Council member Trigab. Can I clarify quickly? Yes. 3316 04:45:17,320 --> 04:45:28,200 We are severing the supplemental and not the ALPR, the part of the motion that includes 3317 04:45:29,080 --> 04:45:33,240 our supplemental pieces because then we can just vote on that separately. 3318 04:45:34,940 --> 04:45:39,340 Okay, I think I'm still confused, but I'll just, okay, we can we can check in about that. 3319 04:45:39,560 --> 04:45:42,220 All right, Council Member Trigger, Vice Mayor Trigger. 3320 04:45:43,280 --> 04:45:44,500 Thank you, Madam Mayor. 3321 04:45:45,300 --> 04:45:53,120 Everyone wants to feel and be safe, and based on lived experiences, safety means different things to different people. 3322 04:45:53,920 --> 04:46:02,180 For businesses and many of our residents, it might mean having cameras and other technologies that help the poor perpetrators of workplace and workplace. 3323 04:46:02,920 --> 04:46:13,460 And to many other Barclay residents, particularly within our most vulnerable communities, it might mean being free from state surveillance and potential prosecution. 3324 04:46:13,460 --> 04:46:19,920 and just for their existence in this country, all of these perspectives are ones that I 3325 04:46:19,920 --> 04:46:25,620 heard from constituents and other Barclay neighbors. All these are to be held with equal 3326 04:46:25,620 --> 04:46:32,640 humanity as we make our decision. For my first hand experience is an immigrant, and as a member 3327 04:46:32,640 --> 04:46:38,220 of a vibrant immigrant community, I can tell you that these fears are grounded in the current 3328 04:46:38,220 --> 04:46:43,960 reality, especially now in the current national climate and current administration, where 3329 04:46:43,960 --> 04:46:49,800 data has been accessed and used in their hands in ways that could undermine Berkeley's 3330 04:46:49,800 --> 04:46:51,080 sanctuary city commitments. 3331 04:46:52,140 --> 04:46:57,280 BPD has demonstrated that there are great community partners and approach their work with 3332 04:46:57,280 --> 04:47:00,540 a strong sensitivity towards all community members. 3333 04:47:01,240 --> 04:47:07,120 I agree that providing our hardworking police officers with effective tools is critically 3334 04:47:07,120 --> 04:47:07,680 important. 3335 04:47:09,700 --> 04:47:15,320 At the same time, vetting these tools with careful consideration is equally as important 3336 04:47:15,320 --> 04:47:20,600 and makes all the difference in our community's trust and city government. Over the last several 3337 04:47:20,600 --> 04:47:25,900 months, the prevailing concern and theme among my district for constituents has been trust. 3338 04:47:26,440 --> 04:47:33,260 A quick blonde rinse of them, conservatively, nearly 95 percent of the over 150 who have contacted 3339 04:47:33,260 --> 04:47:39,840 my office have expressed grave concerns about flock. History and evidence have shown that, however, 3340 04:47:40,100 --> 04:47:45,240 well-meaning its admissions may be tonight, the vendor lacks accountability, and therefore 3341 04:47:45,240 --> 04:47:52,320 cannot be relied on as a trusted partner, I share those concerns. Tonight for being asked to expand 3342 04:47:52,320 --> 04:47:57,600 the system without comprehensive documentation of procurement requirements and without a full 3343 04:47:57,600 --> 04:47:58,860 evaluation of alternatives. 3344 04:47:59,720 --> 04:48:02,480 We're also being asked to do so without ever assessing 3345 04:48:02,480 --> 04:48:05,740 the surveillance system as a whole, not just individual 3346 04:48:05,740 --> 04:48:08,220 components like license plate readers or cameras, 3347 04:48:08,800 --> 04:48:11,500 but the combined network, including 12 and 10-year-old time 3348 04:48:11,500 --> 04:48:14,720 monitoring and its cumulative impact on cost, data use, 3349 04:48:14,920 --> 04:48:15,680 and civil liberties. 3350 04:48:16,780 --> 04:48:21,740 A competitive RFB process would allow us to define 3351 04:48:21,740 --> 04:48:24,300 our needs clearly compare multiple vendors 3352 04:48:24,300 --> 04:48:26,520 and consider a different system designs. 3353 04:48:27,520 --> 04:48:29,880 Furthermore, diversifying our vendors 3354 04:48:29,880 --> 04:48:33,160 would create resilient, senior public safety technologies. 3355 04:48:34,760 --> 04:48:37,340 Flock has made at least four changes to standard terms 3356 04:48:37,340 --> 04:48:39,520 and conditions in the last seven months, 3357 04:48:39,820 --> 04:48:43,020 leading to their most recent February, 2020, 3358 04:48:43,180 --> 04:48:44,520 six version of the contract. 3359 04:48:45,200 --> 04:48:47,900 All of these changes deserve careful consideration 3360 04:48:47,900 --> 04:48:50,580 before renewing our city's contract with Flock. 3361 04:48:51,260 --> 04:48:53,380 While the city technically owns the data, 3362 04:48:53,380 --> 04:48:58,440 The company appears to control how and when we can access it in and what format. 3363 04:48:58,720 --> 04:49:01,760 Grazing weird questions about what ownership means in practice. 3364 04:49:02,540 --> 04:49:06,460 The company now claims a perpetual right to use our data to improve its services, 3365 04:49:07,140 --> 04:49:10,560 although those terms may have been adjusted. 3366 04:49:12,280 --> 04:49:16,660 And the agreement expands protections against liability for real-full misconduct 3367 04:49:16,660 --> 04:49:22,280 across negligence shifting responsibility away from flock and taken together these changes 3368 04:49:22,280 --> 04:49:24,320 which shift control from the city 3369 04:49:24,320 --> 04:49:27,260 and towards the vendor, increasing long-term risks. 3370 04:49:29,750 --> 04:49:32,170 There are also real concerns about how data 3371 04:49:32,170 --> 04:49:34,850 might be used beyond our local control. 3372 04:49:35,370 --> 04:49:37,010 We have heard from residents who worry 3373 04:49:37,010 --> 04:49:38,930 that surveillance data could be subpoenaed 3374 04:49:39,370 --> 04:49:41,330 or accessed by federal agencies 3375 04:49:41,330 --> 04:49:44,810 in ways that conflict with partly sanctuary city values. 3376 04:49:45,690 --> 04:49:46,510 And I was. 3377 04:49:47,030 --> 04:49:49,410 The perception alone of this happening here, 3378 04:49:49,490 --> 04:49:52,030 can a world trust and public safety depends 3379 04:49:52,030 --> 04:49:59,970 on people feeling protected not monitored. For all of these reasons, I will support any 3380 04:50:00,000 --> 04:50:07,240 Any effort of this council to pause an expansion of this contract and conduct a formal competitive procurement 3381 04:50:07,240 --> 04:50:13,560 process. We should evaluate alternatives fully understand the cost and risks, seek legal guidance 3382 04:50:13,560 --> 04:50:18,860 on these evolving contract terms and ensure that any system we adopt aligns with our values 3383 04:50:18,860 --> 04:50:24,320 of transparency, accountability and civil liberties. This is not about projecting technology 3384 04:50:24,320 --> 04:50:30,920 out right, it is about making sure we get it right. Tonight's decision is not just about 3385 04:50:30,920 --> 04:50:36,280 a contract. It is about whether we uphold the standards of good governance, protect the 3386 04:50:36,280 --> 04:50:41,120 rights of a resident, and build the kind of trust on which the community safety depends. 3387 04:50:41,360 --> 04:50:42,240 Thank you. 3388 04:50:42,560 --> 04:50:45,180 Thank you. Okay. 3389 04:50:49,170 --> 04:50:52,510 Tell some of our lunar par was right. I meant to sever the portion of 3390 04:50:52,510 --> 04:50:55,030 contract, which was just the extension of ALPR. 3391 04:50:55,710 --> 04:50:56,450 So, thank you. 3392 04:50:58,830 --> 04:51:01,130 So, are you changing? 3393 04:51:01,710 --> 04:51:06,930 I'm just saying the sever was just the ALPR extension piece. 3394 04:51:06,930 --> 04:51:08,350 So, we'll vote on that piece. 3395 04:51:08,450 --> 04:51:09,410 Oh, that's all. 3396 04:51:09,410 --> 04:51:11,730 Okay, everything else will stay together. 3397 04:51:12,090 --> 04:51:12,530 Yes, that's all. 3398 04:51:12,610 --> 04:51:12,890 Thank you. 3399 04:51:13,210 --> 04:51:13,450 Okay. 3400 04:51:14,350 --> 04:51:14,850 It's speaking off. 3401 04:51:14,950 --> 04:51:15,390 It's your turn. 3402 04:51:19,420 --> 04:51:21,060 Okay, thank you very much, Madam Mayor. 3403 04:51:21,580 --> 04:51:25,420 Thank you to our police chief, Deputy Chief Tate. 3404 04:51:25,420 --> 04:51:36,040 Mr. Maulberg, Ms. Lee, Mr. Chandler, as well as all of the public commenters and those who were in person, 3405 04:51:36,140 --> 04:51:43,440 as well as on Zoom and I also want to thank those who have emailed, have engaged with us in other 3406 04:51:43,440 --> 04:51:48,780 ways who are unable to be here tonight, as well as those who did so during our last meeting in March. 3407 04:51:48,780 --> 04:51:57,160 And I know this is a really contentious issue with strong opinions and I just want you 3408 04:51:57,160 --> 04:52:04,400 to know that I have heard your public comments and like my colleagues, I'm concerned 3409 04:52:04,400 --> 04:52:08,360 about the data sharing breaches that have occurred in the past with this vendor. 3410 04:52:09,160 --> 04:52:15,520 I know that we will never have what some are seeking, which is this 100% guarantee that 3411 04:52:15,520 --> 04:52:22,120 want to occur in the future. But I do feel reassured by what we heard from Mr. Chandler tonight 3412 04:52:22,120 --> 04:52:27,780 about the way that Flock has adapted to data security concerns by changing the capabilities 3413 04:52:27,780 --> 04:52:36,360 of its system. One of the public commenters asked why some of us are open to extending or renewing 3414 04:52:36,360 --> 04:52:42,180 this contract. And so I, you know, I just want to be honest about it. It's when you are an elected 3415 04:52:42,180 --> 04:52:50,460 official, you don't have the luxury of just listening to who has the time to come to the meeting 3416 04:52:50,460 --> 04:52:56,640 in person and share their opinion. You have to consider everyone that you represent. I happen 3417 04:52:56,640 --> 04:53:03,460 to represent 15,000 people in my district. Some of them have been victims of serious violent crime. 3418 04:53:04,900 --> 04:53:10,760 A big consideration for me are the crimes that have been solved by the use of automated licensed 3419 04:53:10,760 --> 04:53:15,480 plate reader technology, you know, some people are talking about stats, you know, in 3420 04:53:15,480 --> 04:53:25,440 2025, Berkeley police made at least 52 arrests for burglaries, robberies, sexual assault, 3421 04:53:25,940 --> 04:53:31,760 and homicide, homicide directly from ALPR data. 3422 04:53:32,520 --> 04:53:37,880 And they use a network to issue all 29 other cases, you can disagree, but you cannot interrupt 3423 04:53:37,880 --> 04:53:38,280 her. 3424 04:53:38,280 --> 04:53:44,920 And respectfully, I have not heard anyone against the fraught contract renewal propose how, 3425 04:53:44,920 --> 04:53:48,820 how will we solve these serious violent crimes? 3426 04:53:49,360 --> 04:53:55,100 If we fail to at least extend this contract for 12 months, to give ourselves more time 3427 04:53:55,100 --> 04:53:56,520 to weigh our options. 3428 04:54:01,080 --> 04:54:05,440 So as an elected official, I have to think about the worst outcome. 3429 04:54:05,440 --> 04:54:21,020 And that is the possibility that if we do not extend this contract for at least 12 months that I will be responsible for the serious and dangerous outcome of violent criminals who are not caught and arrested. 3430 04:54:23,040 --> 04:54:29,980 Also wait on my conscience with equal weight as the possibility of a data breach. 3431 04:54:30,660 --> 04:54:36,940 So that is why we have been elected to make these hard decisions to weigh difficult 3432 04:54:36,940 --> 04:54:38,980 competing trade-offs. 3433 04:54:39,900 --> 04:54:41,500 And that's what we are doing tonight. 3434 04:54:42,880 --> 04:54:44,280 And I thank you for listening. 3435 04:54:44,620 --> 04:54:46,640 I listen to you for three hours tonight. 3436 04:54:46,640 --> 04:54:54,980 I listen to you for maybe five hours last night, last time in March, and I thank you for listening to me. 3437 04:54:55,620 --> 04:54:56,580 Thank you. 3438 04:54:59,420 --> 04:54:59,760 Folks. 3439 04:55:02,490 --> 04:55:10,270 All right, so we're going to go to council member Luna Paa and then we're going to go online to council member Taplin. 3440 04:55:12,210 --> 04:55:26,810 Thank you. We made a promise to our immigrant residents. We told them in January 2025 to go live a normal life, to go to school, to work, to grocery store, and to believe us that we would do everything in our power to keep them safe. 3441 04:55:26,810 --> 04:55:33,830 We asked them to place their trust in us, and passing this contract would be a slap in the face to those who did trust us. 3442 04:55:36,090 --> 04:55:44,730 I feel exhausted and deeply deeply disappointed that our promises to our residents and our values of sanctuary are so shallow, so fragile, 3443 04:55:45,210 --> 04:55:48,570 that we are not willing to back them up the minute we have to give up even the smallest thing. 3444 04:55:48,650 --> 04:55:52,270 In this case, technology that we have no proof does anything to deter crime. 3445 04:55:54,800 --> 04:56:00,600 I am so frustrated that we have made our community members and organizations who spend their scarce 3446 04:56:00,600 --> 04:56:05,320 time and resources fighting endlessly on behalf of our immigrant residents facing the wrath 3447 04:56:05,320 --> 04:56:09,620 of the federal government argue with the city of Berkeley instead. They are organizing legal 3448 04:56:09,620 --> 04:56:14,040 support. They are camping out at day labor spots to watch out for ice and we are supposed to be 3449 04:56:14,040 --> 04:56:18,580 their allies and instead we are working as if we were purposely trying to waste their time. 3450 04:56:20,540 --> 04:56:26,260 It is easy to say that we support immigrants and transgender people and pregnant people 3451 04:56:26,260 --> 04:56:30,720 and activists and all marginalized people who are targets of federal government, it is easy 3452 04:56:30,720 --> 04:56:34,360 to say that we are willing to stand up to fascism and do everything we can to protect them 3453 04:56:34,360 --> 04:56:38,140 and it is much, much harder to actually do it, especially when it gets hard. 3454 04:56:38,980 --> 04:56:43,720 Yesterday, the Trump administration released its new national counterterrorism strategy. 3455 04:56:44,260 --> 04:56:49,400 It names as one of its top three national security threats, what it calls violent secular 3456 04:56:49,400 --> 04:56:54,720 political groups, whose ideology is, quote, anti-American, radically pro-transgender and anarchist. 3457 04:56:54,720 --> 04:56:56,300 It explicitly names Antifa. 3458 04:56:57,080 --> 04:57:02,580 It promises, and it's own words, to quote, rapidly, identify and neutralize these groups 3459 04:57:02,580 --> 04:57:08,040 using, again, in their words, all tools available to map their membership and cripple them 3460 04:57:08,040 --> 04:57:08,760 operationally. 3461 04:57:09,440 --> 04:57:14,040 It is truly naive to a baffling level that any of us would think that simple contract 3462 04:57:14,040 --> 04:57:17,360 language would save us from a government that is openly telling us that they think that 3463 04:57:17,360 --> 04:57:18,080 they are above the law. 3464 04:57:27,500 --> 04:57:33,980 I also want to respond to this idea that people who support flock are somehow in the silent 3465 04:57:33,980 --> 04:57:41,460 majority. In the past month there was a pretty biased survey that went around Berkeley trying 3466 04:57:41,460 --> 04:57:48,980 to find that a majority of Berkeley supports flock. And in campaigns when a survey a poll isn't 3467 04:57:48,980 --> 04:57:53,680 released that usually means it's because it didn't go your way. And we haven't seen the results 3468 04:57:53,680 --> 04:57:56,080 of that poll. So I think we can take that. 3469 04:58:02,280 --> 04:58:05,460 Okay, with that, I have two amendments, 3470 04:58:05,660 --> 04:58:10,660 friendly amendments that I would like to make it to the motion. And I'm going to share 3471 04:58:10,660 --> 04:58:16,860 my screen quickly. One of them is what I mentioned earlier around first amendment. 3472 04:58:19,940 --> 04:58:20,740 The UAS 3473 04:58:20,740 --> 04:58:27,760 First amendment authorized use to use the, can everyone see this? 3474 04:58:28,780 --> 04:58:29,580 Can you make it a bit? 3475 04:58:29,780 --> 04:58:32,780 It's amendment, amending the UAS surveillance use policy. 3476 04:58:34,360 --> 04:58:36,520 To respond to violent criminal activity, 3477 04:58:36,840 --> 04:58:38,240 I'm asking gatherings or special events, 3478 04:58:38,560 --> 04:58:40,160 only when there is probable cause of a felony 3479 04:58:40,160 --> 04:58:42,540 and an active threat of serious bodily injury. 3480 04:58:44,040 --> 04:58:47,760 And then my second amendment is to the ALPR extension, 3481 04:58:47,760 --> 04:58:55,440 and it should include a referral to include an efficacy assessment and review for compliance 3482 04:58:55,440 --> 04:58:59,140 to be presented to Council at least 30 days before the end of the extension. 3483 04:59:01,140 --> 04:59:01,220 Thanks. 3484 04:59:01,480 --> 04:59:03,260 It's acceptable to me. 3485 04:59:03,880 --> 04:59:05,940 Councillor member Humbard, do you? 3486 04:59:05,940 --> 04:59:06,160 Councillor Humbard, do you? 3487 04:59:06,440 --> 04:59:06,560 Councillor Humbard. 3488 04:59:08,300 --> 04:59:09,760 Yes, Brent has. 3489 04:59:09,920 --> 04:59:11,800 He says, Councillor Humbard, excuse me. 3490 04:59:12,080 --> 04:59:12,740 Council member Bakery. 3491 04:59:14,300 --> 04:59:14,840 Yes, okay. 3492 04:59:15,240 --> 04:59:15,900 Thank you. 3493 04:59:16,100 --> 04:59:16,520 Thank you. 3494 04:59:16,520 --> 04:59:29,180 I also was wondering if the police department could quickly explain their supplemental and just briefly go over it because I just want to make sure that everyone understands what that is changing. 3495 04:59:30,100 --> 04:59:40,960 The only thing it's changing is identifying that once we are in a space to authorize or get authority to enter into contract we want to point to the most current and comprehensive procurement vehicle that exists. 3496 04:59:41,460 --> 04:59:44,300 So that was updating to what that vehicle would have been. 3497 04:59:44,300 --> 04:59:52,300 Thank you. That's a little bit. Thank you. Thank you very much. Okay. Going to online with Councilmember Taplin. 3498 04:59:53,320 --> 04:59:59,120 Yes. Thank you, Madam Mayor and good evening, everyone. I would like to thank city admin, legal. 3499 05:00:00,400 --> 05:00:09,640 The PD directly for your diligence and your hard work to address the concerns of the council and the community itself of this process. 3500 05:00:10,680 --> 05:00:20,880 I also want to thank my fellow co-authors, as well as council member Blackbee and the mayor for calling for additional restrictions and guardrails. 3501 05:00:24,260 --> 05:00:29,600 I completely understand the trepidation and reaction to Washington. 3502 05:00:29,600 --> 05:00:37,180 The city also needs to be able to function and provide basic tools for critical public safety services. 3503 05:00:39,080 --> 05:00:46,840 In my view, it would be logical and practical to cause for the system to come down this July. 3504 05:00:48,040 --> 05:00:50,600 And therefore I will be supporting the motion. Thank you. 3505 05:00:51,180 --> 05:00:54,320 Thank you. Moving on to Council Member Humber. 3506 05:00:55,060 --> 05:00:56,160 Thank you, Madam Mayor. 3507 05:00:57,520 --> 05:01:03,200 And I want to thank everybody who appeared here and spoke today. 3508 05:01:03,640 --> 05:01:12,620 I want to thank our police leadership and Mr. Chandler for appearing here and responding to questions. 3509 05:01:13,580 --> 05:01:16,020 I respect the positions of all my colleagues. 3510 05:01:16,700 --> 05:01:20,020 And I've listened to all the concerns that have been expressed here tonight. 3511 05:01:20,520 --> 05:01:23,360 I agree that some of the concerns at least are justified. 3512 05:01:23,360 --> 05:01:29,520 And at the same time, I think there's good evidence that automated license plate readers 3513 05:01:29,520 --> 05:01:33,920 in other technological tools are creating crucial public safety benefits. 3514 05:01:34,700 --> 05:01:38,400 A great example was just last week, there was a reference made to it. 3515 05:01:38,700 --> 05:01:42,480 The Prox system led to six apprehensions in a single day. 3516 05:01:42,700 --> 05:01:43,820 That's a real result. 3517 05:01:44,520 --> 05:01:48,560 Those are six people potentially brought to justice and potentially untold number of 3518 05:01:48,560 --> 05:01:50,520 additional crimes prevented. 3519 05:01:50,520 --> 05:01:54,380 And, you know, I'd also go further afield and mention that 3520 05:01:54,380 --> 05:02:00,680 Frock ALPRs help apprehend a heavily armed ex-police officer who apparently intended to kill 3521 05:02:00,680 --> 05:02:07,400 black Americans at a New York New Orleans jazz festival within the past couple of weeks. 3522 05:02:07,900 --> 05:02:10,100 So they do have the potential to save lives. 3523 05:02:10,320 --> 05:02:12,500 I think they probably saved lives there. 3524 05:02:13,360 --> 05:02:17,780 I believe we can get to a place where we have sufficient protections for our data 3525 05:02:17,780 --> 05:02:22,060 in the ability to get out of this agreement, such that the benefits outweigh the risks. 3526 05:02:22,980 --> 05:02:27,280 I understand and can respect the principal position that any marginal risk in this regard 3527 05:02:27,280 --> 05:02:34,980 is too much, but in my view, but my view remains that our residents face public safety risks 3528 05:02:34,980 --> 05:02:41,840 every day, robberies, gunfire, and organized theft. These are the real concrete everyday safety 3529 05:02:41,840 --> 05:02:47,620 threats against which I am rang. And I appreciate it. Councilmember Kester Wani's comments 3530 05:02:47,620 --> 05:02:52,260 on this. I am weighing the more marginal impacts of things like data leaks. 3531 05:02:54,460 --> 05:02:55,620 So I was 3532 05:02:55,620 --> 05:03:01,900 willing, that said I believe that the contract provisions I proposed alongside Councilmember 3533 05:03:01,900 --> 05:03:06,740 Staffland Kester Wani and O'Keef are essential. And I think Councilmember Blackbees and 3534 05:03:06,740 --> 05:03:13,620 amendments or appropriate. And of course, I've just seconded Council member Black Abies motion. 3535 05:03:14,920 --> 05:03:22,120 So that's really about all I have to say on it. My views have not modified since we last took 3536 05:03:22,120 --> 05:03:28,220 this up last March. Thanks. Thank you very much. Council member, I'm going to Council member 3537 05:03:28,220 --> 05:03:29,580 Thank you. 3538 05:03:29,580 --> 05:03:30,060 Thank you. 3539 05:03:30,700 --> 05:03:36,800 I have a statement, but first I want to ask about, I guess, the motion maker, about my 3540 05:03:36,800 --> 05:03:38,860 supplemental, about the drone UAS. 3541 05:03:39,180 --> 05:03:43,760 I initially thought, well, it doesn't matter anymore, because we're not really doing anything 3542 05:03:43,760 --> 05:03:49,720 on drone tonight, but I think if we are going to accept, I mean, I think there is a marginal 3543 05:03:49,720 --> 05:03:50,560 use for it. 3544 05:03:51,020 --> 05:03:52,300 So would you open to it? 3545 05:03:52,520 --> 05:03:54,280 We're going to move the use policies. 3546 05:03:54,840 --> 05:04:06,500 And I'll just say my main concern is if DFR is intended to sort of also clear cases that don't necessarily involve, like, imminent risk. 3547 05:04:07,300 --> 05:04:14,920 But smiling concern is one of the factors of using the DFR is there would be able to sort of clear cases where we don't need a center officer. 3548 05:04:16,500 --> 05:04:19,480 And so I just wanted to make sure that that was captured. That's my concern. 3549 05:04:19,480 --> 05:04:21,520 So you don't have to report my supplements? 3550 05:04:21,680 --> 05:04:24,500 If you want to have a separate vote on, I'd be able to have a vote on it. 3551 05:04:24,600 --> 05:04:26,120 Yeah, I would like that. 3552 05:04:26,360 --> 05:04:27,800 So we could suffer that. 3553 05:04:27,860 --> 05:04:30,460 So we could adopt it, but sever it. 3554 05:04:32,160 --> 05:04:35,900 Okay, so the city attorney is let me know that 3555 05:04:35,900 --> 05:04:40,520 Choose some concerns about the severability or not the severability. 3556 05:04:40,700 --> 05:04:44,740 But I guess the severability of the use policy from the fall contract specifically. 3557 05:05:00,000 --> 05:05:07,020 So it's not necessarily to the severability, but there's a little bit of concern. I thought the council 3558 05:05:07,020 --> 05:05:16,600 was going to just do the vote on extending the contract and then kind of do the use policies later. 3559 05:05:17,180 --> 05:05:24,900 Some of the use policies are very, the flux specific. So I think we need to take a look at that issue. 3560 05:05:25,340 --> 05:05:26,840 How specific are the use policies? 3561 05:05:26,840 --> 05:05:29,880 I think that that was reviewed when we submitted our supplemental. 3562 05:05:30,620 --> 05:05:34,360 So we can take a quick basis to discuss that if you think that's appropriate. 3563 05:05:35,020 --> 05:05:35,760 Yeah, it would be really helpful. 3564 05:05:36,180 --> 05:05:40,460 All right, I do kind of want to let Council Member Bartlett speak, though, 3565 05:05:40,660 --> 05:05:42,520 because he gave us all the comments. 3566 05:05:42,880 --> 05:05:44,220 Yeah, I also wanted to make a statement. 3567 05:05:44,520 --> 05:05:44,860 That's okay. 3568 05:05:45,060 --> 05:05:45,740 Oh yeah, that was my preliminary. 3569 05:05:46,000 --> 05:05:46,320 Yeah, go ahead. 3570 05:05:46,420 --> 05:05:48,480 I'll make a statement and then we'll talk about the, the Dome thing. 3571 05:05:48,620 --> 05:05:52,160 Yeah, I think it, yeah, I'll let you make your comments and then I'm going to have 3572 05:05:52,160 --> 05:05:54,280 Council Member Bartlett make his comments then we'll take a quick rest. 3573 05:05:54,280 --> 05:05:56,760 First, I want to move to extend by 15 minutes. 3574 05:05:56,760 --> 05:05:57,480 second. 3575 05:06:01,470 --> 05:06:07,590 Okay. To extend to 11 15 PM. Councilmember Kesterwani. Yes. 3576 05:06:07,890 --> 05:06:14,490 Tap one. Part. Part list. Yes. Trigo. Hi. Okay. Yes. Black me. Yes. 3577 05:06:14,570 --> 05:06:22,390 In the parah. Yes. Amber. Yes. And Mary is she. No. Okay. I said I already said to everyone. I said 3578 05:06:22,390 --> 05:06:29,710 we're finishing it 11. That's it. So go ahead. Continue. I can speak. Okay. Thank you. Okay. So I'm 3579 05:06:29,710 --> 05:06:32,210 I'd be happy to support the motion made by Katzavov, 3580 05:06:32,550 --> 05:06:35,510 remember, back of the, I think it's fundamentally reasonable, 3581 05:06:35,710 --> 05:06:37,350 and I really want to thank him for bringing it so 3582 05:06:38,370 --> 05:06:40,530 thoughtfully, except for the doing part. 3583 05:06:44,250 --> 05:06:50,770 I was prepared to go forward tonight with the original proposal, 3584 05:06:51,430 --> 05:06:54,190 but really my bright line rule is retaining the ALPRs, 3585 05:06:54,210 --> 05:06:58,150 as they exist right now, and so because that's being proposed, 3586 05:06:58,150 --> 05:07:04,090 I'm happy to support it, but really been a valuable tool and I would not be okay taking them away. 3587 05:07:05,570 --> 05:07:10,950 I really believe they taking away the LPR's at this point would make our citizens less safe. 3588 05:07:11,810 --> 05:07:17,510 And I would actually be breaking a campaign promise if I were to agree to that. 3589 05:07:18,270 --> 05:07:21,090 So that is actually like, that is actually how democracy works. 3590 05:07:21,270 --> 05:07:26,870 It was something I campaigned on was allowing police to have better and more effective technology 3591 05:07:26,870 --> 05:07:36,470 and I was like that I saw that so that's important to me. Rolling out, but back to the 3592 05:07:36,470 --> 05:07:41,530 motion that we're debating, it's fine. Rolling out the newer technologies, it can take 3593 05:07:41,530 --> 05:07:45,990 more time. I think we have a good chance to hopefully build more public trust in the process 3594 05:07:45,990 --> 05:07:51,690 before making the next step and that feels appropriate. I do have a question though about whether 3595 05:07:51,690 --> 05:07:54,190 It's possible to build public trust. 3596 05:07:54,310 --> 05:07:55,870 We want survey today. 3597 05:08:01,430 --> 05:08:03,070 Were she talking about my thing? 3598 05:08:03,990 --> 05:08:05,330 Okay, that's misunderstood. 3599 05:08:06,230 --> 05:08:08,010 But I don't want to talk about that right now. 3600 05:08:08,810 --> 05:08:09,790 That's not what that was. 3601 05:08:10,530 --> 05:08:11,230 I do. 3602 05:08:11,230 --> 05:08:11,850 Okay, folks. 3603 05:08:12,350 --> 05:08:13,430 I do wonders. 3604 05:08:14,050 --> 05:08:15,070 I have to say. 3605 05:08:15,670 --> 05:08:17,750 And I really would appreciate it if you all would listen. 3606 05:08:17,950 --> 05:08:20,090 And you can yell in your after if you like. 3607 05:08:21,370 --> 05:08:24,050 I wonder about the good faith. 3608 05:08:24,050 --> 05:08:28,910 whether or not people came here in good faith, willing to consider that. 3609 05:08:29,070 --> 05:08:30,030 Public trust is possible. 3610 05:08:30,850 --> 05:08:34,710 My position on this topic has been well stated in the uped that I offered along with 3611 05:08:34,710 --> 05:08:36,070 my council colleagues. 3612 05:08:37,390 --> 05:08:43,030 So I won't believe it here except to say that it was brought up several times tonight 3613 05:08:44,330 --> 05:08:45,630 and always with criticism. 3614 05:08:46,210 --> 05:08:48,270 And while I understand many disagreed with it, that's fine. 3615 05:08:48,410 --> 05:08:50,410 I didn't expect everybody to agree with it. 3616 05:08:50,410 --> 05:08:57,470 I didn't hear anyone really refute in its fundamental logic, which is that our surveillance 3617 05:08:57,470 --> 05:09:05,690 state should do after, thank you, which is our surveillance state is really unchanged by whatever 3618 05:09:05,690 --> 05:09:14,050 it is we do here tonight. If you, okay folks, you came in here with an iPhone or whatever in your 3619 05:09:14,050 --> 05:09:17,190 I have bad news for you. 3620 05:09:17,530 --> 05:09:19,050 Stop, Nathanna. 3621 05:09:20,950 --> 05:09:22,550 Folks, let her finish speaking. 3622 05:09:23,350 --> 05:09:25,290 You're just, you're, you're using up our time. 3623 05:09:25,370 --> 05:09:26,230 Come on. 3624 05:09:28,260 --> 05:09:30,960 You're already being surveilled to a level of intensity that 3625 05:09:30,960 --> 05:09:33,540 pales in comparison to what's being proposed. 3626 05:09:34,140 --> 05:09:36,160 When I walked to work the other day, 3627 05:09:36,400 --> 05:09:39,780 I counted nine cameras that I walked past. 3628 05:09:40,040 --> 05:09:45,000 Do I have any idea if facial recognition was used on the images 3629 05:09:45,000 --> 05:09:50,500 that captured? Nope. Do I have any idea what happened to those images? Who can access them? 3630 05:09:50,840 --> 05:09:54,220 I do not. I'm sorry to tell you that that is our reality. 3631 05:09:57,480 --> 05:09:59,980 Please hate, excuse me, all I said, I understood people for nothing. 3632 05:10:00,560 --> 05:10:07,400 Okay, let her finish speaking, but I hope it has a more reality-based conversation about what's really at stake. 3633 05:10:09,820 --> 05:10:19,940 Let her finish speaking, sit down, sit down, order or we'll take our recess right now. Sit down, Nathan. Go ahead. 3634 05:10:23,020 --> 05:10:29,260 Okay, I guess, I guess. Folks. Okay, I guess I can speak in this moment now. 3635 05:10:29,260 --> 05:10:33,020 Boarder, we're hearing from Council Member Bartlett now. 3636 05:10:34,060 --> 05:10:37,900 Well, this is a very instructive. 3637 05:10:38,580 --> 05:10:40,260 Context really is king. 3638 05:10:40,940 --> 05:10:42,200 I'm a dented by the administration. 3639 05:10:43,160 --> 05:10:49,000 This council deliberated and implemented the burq dot, 3640 05:10:49,340 --> 05:10:50,500 which was a form of this. 3641 05:10:50,500 --> 05:10:54,800 This was a technology way to kind of remove police bias 3642 05:10:54,800 --> 05:10:56,300 from the automotive policing. 3643 05:10:57,340 --> 05:11:19,900 We did put some cameras up and there was a very little fanfare, is a small grouping and in that meeting, actually, if you recall, it's a couple of years ago, like I said, I thought hard for a motion that I made to air gap our data and air that means to separate it so it can't be used and can't be shared without our control. 3644 05:11:19,900 --> 05:11:22,600 I mean, that motion, I thought hard for it, and it failed. 3645 05:11:23,520 --> 05:11:30,880 Because I knew that while we were trusting a democratic president, things could change. 3646 05:11:30,940 --> 05:11:35,660 Things always change, and that the next administration, because governments can change, 3647 05:11:35,940 --> 05:11:39,060 governments can go bad, it might be a different context. 3648 05:11:39,160 --> 05:11:40,720 And now we're in the context now. 3649 05:11:42,260 --> 05:11:43,460 So it's interesting. 3650 05:11:44,240 --> 05:11:47,620 And my district, district 3 is in the house here for sure. 3651 05:11:49,100 --> 05:11:55,020 I'm going to tell you, my district is really amazing, you know, these are my family, I love all of you who's so much. 3652 05:11:55,340 --> 05:12:04,180 My district is very diverse. It has the wealthiest person in Berkeley, has homeless people, has, has my mayor. 3653 05:12:05,380 --> 05:12:08,060 Yes, my mayor and good friend, a neighbor. 3654 05:12:08,060 --> 05:12:16,980 I have African-Americans, seniors, college people, techies, who else. 3655 05:12:17,200 --> 05:12:19,900 It has people that is the center of disability rights in America. 3656 05:12:21,100 --> 05:12:25,180 It has hospital, it has an ad-bart station, a supermarket. 3657 05:12:25,840 --> 05:12:27,180 It runs the gamut. 3658 05:12:27,380 --> 05:12:32,300 It has the new homeowners, the old homeowners, and two, the person. 3659 05:12:33,660 --> 05:12:38,060 Every single person had managed me to not approve this deal. 3660 05:12:47,940 --> 05:13:08,920 And it's important because if you, if you know what, you know, our tenure, especially the work I've done to these years, you know, they're really, they're a patient, they let me do the wild things I like to do, interesting concepts, they support it, they forgive me when I mess up, they teach me, they're really amazing bunch of people. 3661 05:13:08,920 --> 05:13:24,900 And they let me kind of have my way, but every now and then, every now and then, there's an issue that they care about, and when they care about it, I care about it, because I am them and they are mean. 3662 05:13:25,920 --> 05:13:28,040 So that's my position tonight, the same as yours. 3663 05:13:30,640 --> 05:13:31,600 Thank you. 3664 05:13:31,780 --> 05:13:31,980 Okay. 3665 05:13:33,760 --> 05:13:35,340 We are going to take a brief rest. 3666 05:13:37,940 --> 05:13:38,680 Thank you. 3667 05:14:01,430 --> 05:14:03,170 All right, folks, please. 3668 05:14:04,570 --> 05:14:06,990 I need everyone to quiet down. 3669 05:14:08,270 --> 05:14:09,430 If you can hear me clap once. 3670 05:14:10,070 --> 05:14:11,150 If you can hear me clap twice. 3671 05:14:11,810 --> 05:14:13,090 If you can hear me clap three times. 3672 05:14:14,850 --> 05:14:15,810 Oh, okay. 3673 05:14:16,830 --> 05:14:17,370 All right. 3674 05:14:17,650 --> 05:14:19,210 Wow, amazing how much that works. 3675 05:14:20,830 --> 05:14:24,350 So we have some clarifications around the motions that I think 3676 05:14:24,350 --> 05:14:27,110 needs to be made and just to generally, a couple of clarifications. 3677 05:14:27,350 --> 05:14:29,830 I have some comments and then I'd like us to take a vote. 3678 05:14:30,610 --> 05:14:31,790 So did you want to clarify something? 3679 05:14:32,090 --> 05:14:34,110 Councilman, the little part of the- 3680 05:14:34,110 --> 05:14:38,830 Yeah, I wanted to clarify that the poll that I was talking about was not Council 3681 05:14:38,830 --> 05:14:42,470 Member O'Keeves' personal Google Survey for her constituents. 3682 05:14:42,670 --> 05:14:45,730 It was a separate paid official poll. 3683 05:14:46,110 --> 05:14:46,990 I just wanted to clarify that. 3684 05:14:46,990 --> 05:14:47,250 Okay. 3685 05:14:47,510 --> 05:14:48,090 Thank you. 3686 05:14:48,190 --> 05:14:48,510 Go ahead. 3687 05:14:48,510 --> 05:14:49,370 Councilor Lackaby. 3688 05:14:49,530 --> 05:14:54,730 Clerk, for case you need the motion on the on the extension portion for up to 12 months, and 3689 05:14:54,730 --> 05:14:57,610 200 k, just to be clear, there's a dollar figure attached to it. 3690 05:14:57,630 --> 05:14:58,570 Okay, a touch to it. 3691 05:14:58,710 --> 05:14:59,210 Okay, thank you. 3692 05:15:00,000 --> 05:15:11,500 Did you have something? Yeah. I wanted to first of all, I appreciate this motion, and I know we're going to 3693 05:15:11,500 --> 05:15:20,280 out an item. I wanted to see if the maker and seconder would be friendly to since the 3694 05:15:21,560 --> 05:15:32,600 the exploration of what was previously in the MSA but is going to be in a potential negotiation 3695 05:15:32,600 --> 05:15:39,800 of the 12-month extension if the maker and seconder would be amenable to an exploration 3696 05:15:39,800 --> 05:15:49,700 of uping the poor violation penalty to $290,000 for violation. 3697 05:15:50,480 --> 05:15:51,920 Yeah, that's acceptable. Yes. 3698 05:15:54,740 --> 05:15:55,120 Thank you. 3699 05:15:55,200 --> 05:15:56,940 Okay. Any other qualifications? Yes. 3700 05:15:56,940 --> 05:15:58,480 Councilmember O'Keefe, did you have something? 3701 05:15:59,420 --> 05:16:03,100 Oh, yeah. I wanted to ask again if I think we've got some clarification. 3702 05:16:03,520 --> 05:16:09,940 I would like to request that we suffer out the UAS use policy both as an issue. 3703 05:16:09,940 --> 05:16:14,980 And, well, I guess, do I also make emotion, then we don't need to, you can request a separate. 3704 05:16:15,360 --> 05:16:22,940 I would like to request a separate, and then I have, I can say what I want to be wrote it on for that. 3705 05:16:23,700 --> 05:16:24,420 Substitute motion? 3706 05:16:25,480 --> 05:16:26,060 I think that's different. 3707 05:16:26,180 --> 05:16:28,520 No, we're just, we would just vote on it. 3708 05:16:28,900 --> 05:16:29,160 Yes, separately. 3709 05:16:29,440 --> 05:16:33,900 So should I say what I want us to vote on? 3710 05:16:34,320 --> 05:16:35,660 Now, or what should I wait? 3711 05:16:37,750 --> 05:16:38,050 Mark? 3712 05:16:38,370 --> 05:16:39,390 Well, I'll just take my intention. 3713 05:16:39,390 --> 05:16:42,910 And I would like my idea is I would like to vote on that separately, and I would like 3714 05:16:42,910 --> 05:16:50,970 I would make a motion for that to be my supplemental and the council member of the 3715 05:16:50,970 --> 05:16:53,890 press suggested to be able to add it to the UAS policy. 3716 05:16:54,630 --> 05:17:00,970 So you would likely need to make a motion to amend the main motion if you wanted your amendments 3717 05:17:00,970 --> 05:17:04,710 in, but the maker and the seconder were not acceptable to a friend. 3718 05:17:04,870 --> 05:17:06,590 Yeah, that's what I wanted to do. 3719 05:17:06,590 --> 05:17:13,410 So just to clarify, I think Councilmember Linnapahra's were already part of it, so, okay, they were all 3720 05:17:13,410 --> 05:17:13,670 separate. 3721 05:17:13,690 --> 05:17:18,030 If we separate out the, yeah, 3722 05:17:21,090 --> 05:17:24,150 okay, I'm being a sub-student motion to amend it with my sub-student 3723 05:17:24,150 --> 05:17:24,330 motion. 3724 05:17:24,330 --> 05:17:24,590 I'm sorry. 3725 05:17:25,510 --> 05:17:27,510 Not in motion to amend the main motion. 3726 05:17:28,770 --> 05:17:29,790 Motion to amend the motion. 3727 05:17:31,110 --> 05:17:31,790 I made that. 3728 05:17:32,110 --> 05:17:33,530 And so we will vote on that first. 3729 05:17:33,630 --> 05:17:34,150 That was second. 3730 05:17:34,530 --> 05:17:34,650 Yeah. 3731 05:17:34,650 --> 05:17:35,350 Thank you. 3732 05:17:35,350 --> 05:17:46,110 So this is a motion to amend the main motion to include Councilmember O'Keeves amendments to the UAS policy into what gets adopted. 3733 05:17:47,010 --> 05:17:51,310 So on motion to amend Councilmember Kesterwani. 3734 05:17:51,550 --> 05:17:52,090 No. 3735 05:17:52,890 --> 05:17:54,210 Tap one. 3736 05:17:57,570 --> 05:17:57,830 No. 3737 05:17:58,830 --> 05:17:58,970 No. 3738 05:17:59,450 --> 05:18:00,350 Councilmember Bartlett. 3739 05:18:01,930 --> 05:18:02,150 No. 3740 05:18:03,210 --> 05:18:03,650 Trigger. 3741 05:18:05,880 --> 05:18:06,380 O'Keeves. 3742 05:18:06,380 --> 05:18:06,840 Yes. 3743 05:18:06,840 --> 05:18:10,480 Black and B. No, Moonapara. Yes. 3744 05:18:10,780 --> 05:18:13,560 Humber. Yes. Mayor E.C. No. 3745 05:18:14,780 --> 05:18:16,620 Councilmember Tragab. Aye. 3746 05:18:17,220 --> 05:18:20,080 Okay, motion, that motion fails. Okay. 3747 05:18:20,640 --> 05:18:20,860 Okay. 3748 05:18:21,620 --> 05:18:23,560 And so we're back to the main motion. 3749 05:18:23,740 --> 05:18:26,000 Thank you. I'm going to give some comments for us in the mobile. 3750 05:18:26,740 --> 05:18:29,980 So I want to thank you all so much for being here this evening. 3751 05:18:29,980 --> 05:18:33,720 I want to thank everyone for coming for your previous presentations 3752 05:18:33,720 --> 05:18:36,140 and also for sitting and listening to our public comment 3753 05:18:36,140 --> 05:18:38,600 answering our questions and engaging in this process. 3754 05:18:39,420 --> 05:18:45,880 I want to make sure folks know that the police chief has been very helpful in answering 3755 05:18:45,880 --> 05:18:51,740 our questions and working with us as we worked on our supplemental in good faith. 3756 05:18:52,300 --> 05:18:56,640 And that my decision here tonight has nothing to do with my trust for the police department. 3757 05:18:57,220 --> 05:19:00,280 I understand that these tools have helped on a number of different cases. 3758 05:19:00,280 --> 05:19:08,080 I myself have seen so many cases that were really heart-wrenching, that would not have been 3759 05:19:08,080 --> 05:19:09,220 solved without these tools. 3760 05:19:09,800 --> 05:19:14,740 So I do understand why it is that police department is interested in having them. 3761 05:19:15,620 --> 05:19:18,040 And at the end of the day, I just don't trust FROCK. 3762 05:19:24,010 --> 05:19:27,670 I don't trust FROCK, and I don't trust our current federal administration. 3763 05:20:00,110 --> 05:20:08,410 Legal safeguards are not enough to ensure that federal authorities will respect local laws and protections. That's what we're seeing now. 3764 05:20:09,190 --> 05:20:15,850 I want to ensure surveillance technologies we adopt fully aligned with Burkese sanctuary city policies and are deeply held free speech values. 3765 05:20:16,550 --> 05:20:29,330 And Flock needs to be proactive, not just reactive. Flock has responsibility to proactively safeguard data and share compliance with contracts and uphold the legal and ethical standards of the communities that it serves. 3766 05:20:29,330 --> 05:20:34,050 When there are legitimate fears, the data could be used to target immigrant communities or 3767 05:20:34,050 --> 05:20:35,390 suppressed, first amendment rights. 3768 05:20:35,550 --> 05:20:38,830 It becomes difficult to justify the use of Fox products. 3769 05:20:40,210 --> 05:20:47,890 Concern about the mass, I'm concerned about the mass aggregation of data with interoperability 3770 05:20:47,890 --> 05:20:53,290 across all platforms and the risks that the interim director of Police Accountability, Kathy 3771 05:20:53,290 --> 05:20:58,910 Lee, and Pav site about over-dependence in one system, increasing our vulnerability as a 3772 05:21:00,250 --> 05:21:05,190 I want to make sure folks understand that the procurement process was done properly. 3773 05:21:06,230 --> 05:21:09,390 And at the same time, I don't feel that it was sufficient. 3774 05:21:09,710 --> 05:21:16,190 So I will be supporting the motion that council members, faculty, and Hamburg have made. 3775 05:21:17,050 --> 05:21:22,190 Flock may be the best technology right now, but we know that technology changes rapidly. 3776 05:21:22,650 --> 05:21:28,230 And our chief has even said that other companies might catch up not too long for now. 3777 05:21:29,270 --> 05:21:30,970 It's not ready for our city yet. 3778 05:21:31,410 --> 05:21:36,810 I don't have full confidence in a company and I can't support something that I just really 3779 05:21:36,810 --> 05:21:37,710 don't trust. 3780 05:21:38,690 --> 05:21:42,370 We've heard so much from the community, I really want to thank you all for coming out to speak. 3781 05:21:42,850 --> 05:21:45,210 I know for some of you this is a really emotional issue. 3782 05:21:48,810 --> 05:21:52,090 And at the end of the day, I know I can't support a thought contract. 3783 05:21:55,470 --> 05:22:02,950 Because if this company does not live up to our standards and our values as a city, we really can't support it. 3784 05:22:03,290 --> 05:22:06,070 So I want to thank you all again, thank you to my colleagues this evening. 3785 05:22:06,710 --> 05:22:11,150 Thank you to the city manager and city attorney and your office, all of our staff. 3786 05:22:11,690 --> 05:22:16,150 For being here and for answering our questions, there's a lot to go through on this issue. 3787 05:22:16,370 --> 05:22:20,670 It's quite complex and we have spent many, many, many hours reviewing all of it. 3788 05:22:20,670 --> 05:22:27,330 So I would like to take a vote, so we have two motions separately. 3789 05:22:28,070 --> 05:22:34,270 I'd like to vote on the first one, not the ALPR part extension, but on the rest of it first. 3790 05:22:35,330 --> 05:22:37,290 So can you please take the roll on that click? 3791 05:22:37,950 --> 05:22:48,670 Okay, so this is the severed portion of the main motion for the use policies as amended 3792 05:22:48,670 --> 05:22:55,390 with the supplemental numbers, 1 to 6 and 8 and 9 in the supplemental materials from the mayor, 3793 05:22:55,870 --> 05:23:03,350 as well as Council Member Winapara's amendments to the UAS and ALPR policies, so on that 3794 05:23:03,350 --> 05:23:10,690 portion of the, because I also include in the no full MSA, right? That's the motion of 10, 3795 05:23:10,950 --> 05:23:14,170 you know, full MSA. Okay. Thank you. 3796 05:23:14,170 --> 05:23:24,530 and no action on one B on that portion of the motion. Councilmember Kesterwani. 3797 05:23:25,650 --> 05:23:27,090 Tap one. Yes. 3798 05:23:27,930 --> 05:23:28,350 Orlet. 3799 05:23:30,050 --> 05:23:30,730 Drag-up. 3800 05:23:31,690 --> 05:23:31,930 Pass. 3801 05:23:32,770 --> 05:23:32,990 Okay. 3802 05:23:33,910 --> 05:23:34,390 Yes. 3803 05:23:35,150 --> 05:23:35,770 Black to be. 3804 05:23:36,890 --> 05:23:37,690 I'm going to parah. 3805 05:23:37,810 --> 05:23:38,170 Yes. 3806 05:23:38,890 --> 05:23:39,150 Humver. 3807 05:23:39,550 --> 05:23:39,590 Yes. 3808 05:23:40,730 --> 05:23:41,230 And Mayor E. 3809 05:23:41,250 --> 05:23:42,090 Yes. 3810 05:23:43,250 --> 05:23:43,750 Councilmember. 3811 05:23:43,750 --> 05:23:44,770 of Vice Mayor Trigger. 3812 05:23:45,550 --> 05:23:52,570 Okay, so that portion is adopted and then on the other severed portion, which is the referral 3813 05:23:52,570 --> 05:24:01,710 to the city manager for our P-Process for the other contract authority, other public 3814 05:24:01,710 --> 05:24:10,710 safety technology and the UAS, the fixed surveillance and the investigative software and the 3815 05:24:10,710 --> 05:24:15,690 extension of the and the extension of the ALPR contract for 12 months with a not to 3816 05:24:15,690 --> 05:24:21,650 see them out $200,000 with a minted contract term for $290,000 penalty 3817 05:24:21,650 --> 05:24:27,370 per violation. So on that portion of the motion, Council Member Kester 3818 05:24:27,370 --> 05:24:28,090 Yes. 3819 05:24:28,550 --> 05:24:29,490 Tap one. 3820 05:24:29,790 --> 05:24:30,030 Yes. 3821 05:24:31,010 --> 05:24:31,610 Bartlett. 3822 05:24:33,630 --> 05:24:33,870 No. 3823 05:24:34,910 --> 05:24:35,370 Trade him. 3824 05:24:35,650 --> 05:24:35,670 No. 3825 05:24:36,910 --> 05:24:37,250 Okay. 3826 05:24:37,550 --> 05:24:38,110 Yes. 3827 05:24:38,510 --> 05:24:39,130 Black could be. 3828 05:24:39,130 --> 05:24:39,670 Yes. 3829 05:24:40,230 --> 05:24:40,750 Anapara. 3830 05:24:41,950 --> 05:24:42,210 Number. 3831 05:24:43,630 --> 05:24:44,270 And Mayor Ishi. 3832 05:24:44,350 --> 05:24:44,850 No. 3833 05:24:45,830 --> 05:24:46,510 Motion carries. 3834 05:24:48,150 --> 05:24:49,050 Thank you. 3835 05:24:50,410 --> 05:24:50,810 That counts remember. 3836 05:24:50,950 --> 05:24:52,030 Keith did you want to see something else? 3837 05:24:52,210 --> 05:24:52,450 I'm sorry. 3838 05:24:52,810 --> 05:24:54,010 I saw your little. 3839 05:24:54,590 --> 05:24:54,850 Okay. 3840 05:24:55,230 --> 05:24:55,390 Sorry. 3841 05:24:56,230 --> 05:24:56,430 Okay. 3842 05:24:57,150 --> 05:24:59,970 All right. Thank you all very much for coming this 3843 05:25:00,000 --> 05:25:05,120 You repeat your motion. I can just so folks, actually, can I just ask because we're nearing the end? 3844 05:25:06,180 --> 05:25:10,260 Well, actually, I think it would be helpful if you clarified for folks what we just voted on. 3845 05:25:11,560 --> 05:25:21,300 So, adopted the use policies for the various technologies to not move forward with the full MSA, with log, initiating an RFP, 3846 05:25:29,400 --> 05:25:29,980 sorry. 3847 05:25:29,980 --> 05:25:37,020 And then extending the ALPR through the period of that RFP process so that we don't go dark in that period. 3848 05:25:37,620 --> 05:25:39,060 And was voted on separately. 3849 05:25:40,160 --> 05:25:43,720 So, so the second vote was on extending the ALPR contract. 3850 05:25:44,280 --> 05:25:46,780 Was the first part, was the rest of it. 3851 05:25:47,360 --> 05:25:47,740 Thank you. 3852 05:25:48,120 --> 05:25:48,280 Okay. 3853 05:25:49,100 --> 05:25:49,360 All right. 3854 05:25:49,880 --> 05:25:54,120 So, and that case, I will see if there's a motion to adjourn. 3855 05:25:54,240 --> 05:25:55,020 So, second. 3856 05:25:55,780 --> 05:25:56,820 Can we take the roll please? 3857 05:25:56,820 --> 05:25:59,920 Okay, to adjourn the meeting, Councilmember Kisterwani. 3858 05:26:00,620 --> 05:26:01,800 Yeah, Councilmember Kisterwani. 3859 05:26:01,800 --> 05:26:02,020 Yeah, Councilmember Kisterwani. 3860 05:26:02,840 --> 05:26:03,320 Hi. 3861 05:26:04,080 --> 05:26:04,540 Bartlett. 3862 05:26:05,340 --> 05:26:05,600 Yes. 3863 05:26:05,920 --> 05:26:06,300 Tragum. 3864 05:26:06,540 --> 05:26:06,660 Hi. 3865 05:26:07,160 --> 05:26:07,340 Okay. 3866 05:26:08,280 --> 05:26:08,600 Yes. 3867 05:26:08,880 --> 05:26:09,320 Lack of ease. 3868 05:26:11,680 --> 05:26:12,320 Humber. 3869 05:26:12,640 --> 05:26:12,880 Yes. 3870 05:26:13,360 --> 05:26:14,100 And Mayor Ishi. 3871 05:26:15,060 --> 05:26:15,460 Yes. 3872 05:26:15,760 --> 05:26:16,180 Okay. 3873 05:26:16,920 --> 05:26:18,540 Meeting is adjourned. 3874 05:26:18,800 --> 05:26:19,180 Thank you, everyone.