annotated agenda special meeting of the berkeley …

AN N O T AT E D AG E N D A S PE CI AL M EET I NG O F T HE B E R K E LE Y C I T Y C O U N CI L

Friday, August 18, 2017

3:00 P.M.

COUNCIL CHAMBERS - 2134 MARTIN LUTHER KING JR. WAY Teleconference Location – 516 North Kainalu Drive, Kailua, Hawaii

Teleconference Location – 1404 Le Roy Avenue, Berkeley, California

JESSE ARREGUIN, MAYOR

Councilmembers:

DISTRICT 1 – LINDA MAIO DISTRICT 5 – SOPHIE HAHN DISTRICT 2 – CHERYL DAVILA DISTRICT 6 – SUSAN WENGRAF DISTRICT 3 – BEN BARTLETT DISTRICT 7 – KRISS WORTHINGTON DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE

Preliminary Matters

Roll Call: 3:06 p.m.

Present: Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Droste, Arreguin

Absent: Worthington

Public Comment - Items on this agenda only - 45 speakers

Action Calendar

Attachment H City of Berkeley 1

1. Urgency Ordinance to Authorize the City Manager to Issue Rules for StreetEvents without PermitsFrom: City ManagerRecommendation: Adopt an Urgency Ordinance adding a new Chapter 13.45 tothe Berkeley Municipal Code Title 13 (Public Peace, Morals and Welfare) toauthorize the City Manager to issue rules for unpermitted street events.Financial Implications: See reportContact: Farimah Brown, City Attorney, 981-6950

Action: M/S/C (Arreguin/Maio) to accept revised materials from staff. Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Droste, Arreguin; Noes – None; Abstain – None; Absent – Worthington.

Action: M/S/C (Maio/Arreguin) to adopt Urgency Ordinance No. 7569–N.S. adding a new Chapter 13.45 to the Berkeley Municipal Code Title 13 (Public Peace, Morals and Welfare) to authorize the City Manager to issue rules for unpermitted street events as revised below.

13.45.010 Definitions. A. “Streets” means those streets defined in the circulation element of

the Berkeley General Plan as local streets. B. “Sidewalk” has the same meaning as stated in Berkeley Municipal

Code Section 1.04.010. C. “Street event” includes any march, demonstration, assembly,

parade, festival, or street fair expected to draw 100 people or more. D. “City Manager” shall mean the City Manager of the City of Berkeley

and any designee of the City Manager, except as context dictates otherwise.

13.45.020 City Manager Authorization. The City Manager or his or her designee is authorized to issue such

narrowly tailored temporary regulations in a defined area of the City and consistent with the First Amendment to the United States Constitution and take such other narrowly tailored actions as are necessary to preserve public health, public safety and property on City streets and sidewalks during street events planned or proposed to be held in the City and for which no permit has been obtained pursuant to Chapter 13.44 of this Title, includinglimited to establishing perimeters or separations, and the prohibitingon of certain items that have been known to be used as weapons or or are hazardous or restriction of them to certain times and/or locations. Failure to obey any directive issued by the City Manager or his or her designee pursuant to this section shall be a violation of this chapter. Twenty-Four (24) Hour notice of such regulations promulgated by the City Manager shall be given and posted on the City’s website.

13.45.110 Sunset – Expiration of Ordinance. This ordinance shall expire on December 31, 2017 unless extended by the

City Council.

The Council also directs the City Manager to submit an information report to the City Council on regulations issued pursuant to Chapter 13.45.


Vote: Ayes – Maio, Bartlett, Harrison, Hahn, Wengraf, Droste, Arreguin; Noes – Davila; Abstain – None; Absent – Worthington.

Adjournment

Action: M/S/C (Hahn/Maio) to adjourn the meeting. Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Droste, Arreguin; Noes – None; Abstain – None; Absent – Worthington.

Adjourned at 5:18 p.m. in memory of those that died in the Charlottesville protests.

1. Lieutenant H. Jay Cullen2. Trooper Berke M. M. Bates3. Heather Heyer

Communications

None

Supplemental Communications and Reports 1

None


Item 1: Urgency Ordinance to Authorize the City Manager to Issue Rules for Street Events without Permits

1. Jeannette McNeil2. Phoebe Anne Sorgen3. Nancy Schimmel4. Sally Nelson (2)5. Tree Fitzpatrick6. Genevieve Wilson7. Jesse Townley8. Carol Denney9. Catherine Orozco10. Kelly Hammargren11. Linda Franklin12. Jeffrey J. Carter13. Katherine Harr14. Dana Burd15. Brandi Campbell16. Kim Nemirow


Item 1: Urgency Ordinance to Authorize the City Manager to Issue Rules for Street Events without Permits

17. Revised materials, submitted by City Manager’s Office18. Donald Goldmacher (3)19. Jennifer Bymun


20. Catherine Ference21. David Finley22. Elizabeth Mead23. Tracy Cook / Jacquelyn McCormick24. Joshua Pfeffer25. Judy Nakadegawa26. Phoebe Sorgen (2)27. Kim Nemirow28. Cecile Pineda29. Lorrie Beth Slonsky30. Maris Arnold31. Pamela Tellew32. Unknown


SUBJECT: RESTRICTIONS AND PROHIBITIONS IN DEFINED AREA OF BERKELEY FOR SEPTEMBER 14, 2017

PURPOSE

The purpose of this rule is to preserve public safety, protect public and private property, and facilitate First Amendment rights of freedom of speech and assembly an event being held at Zellerbach Hall at the UC Berkeley campus on September 14, 2017.

Pursuant to Berkeley Municipal Code (“BMC”) Chapter 13.45, the City Manager is authorized to issue narrowly tailored temporary regulations in a defined area of the City that are consistent with the First Amendment to the U.S. Constitution, and is authorized to take such other narrowly tailored actions as are necessary to preserve public health, public safety and property on City streets and sidewalks when no permit has been obtained pursuant to BMC Chapter 13.44.

No person or association has applied for or obtained a permit for use of the streets and sidewalks in connection with the UC Berkeley event at Zellerbach Hall on September 14, 2017. Therefore, the conditions, restrictions and prohibitions of this Rule shall apply.

The September 14, 2017 event is being planned by a UC Berkeley-affiliated student group in the wake of a February 1, 2017 campus event that drew numerous protesters, as well as dozens of masked agitators who started fires, destroyed property, and engaged in violent confrontations with other protesters, forcing UC Berkeley to cancel the event and impose a campus-wide lockdown. The riot spread into the City streets, requiring a substantial police response. Subsequently, rallies and demonstrations were held at Civic Center Park and the surrounding streets on March 4, 2017, April 15, 2017, April 27, 2017, and August 27, 2017. The March 4 and April 15 assemblies turned violent, fights broke out, and numerous people were seriously injured. Arrests were made for offenses that included battery and assault with a deadly weapon. Violence at the events has been well documented by the Berkeley Police Department, the news media, and participants on social media. Some participants came to the park with metal pipes, baseball bats, lengths of 2”x 4” lumber (some with nails in them), bricks, pepper spray, mace, daggers, combat shields, poles, axe handles, hatchets, helmets, masks, and similar items. Numerous participants wore masks or otherwise covered their faces so as to attempt to evade identification while attempting to or committing crimes and engaging in violence.

ADMINISTRATIVE RULE


On August 27, 2017, coordinated groups of individuals used Ohlone Park as a meeting place to stage weapons, shields, and other implements of riot, and to practice fighting maneuvers and tactics. These individuals donned masks and collectively marched with their weapons and shields to Civic Center Park, accompanied by a flatbed truck that carried additional implements of riot. Once at the park, a member of the assembled group gave amplified announcements warning, “If you don’t want violence, move away.” The group deployed purple smoke to create confusion, violently attacked several individuals, and attempted to provoke physical confrontations with police officers. Several people were seriously injured, and 13 people were arrested.

Issuance of this regulation is not a waiver of the City’s current authority to enforce rules against unpermitted events, and does not constitute a sanction of any unpermitted event.

REGULATION

PURSUANT TO BMC 13.45.020:

On September 14, 2017, the following items are prohibited from being brought by any person into the area of Berkeley designated on Exhibit A (attached hereto) and bounded by the following roads: Martin Luther King, Jr. Blvd to the west; Piedmont Avenue, Gayley Road, La Loma Avenue and LeConte Avenue to the east: Dwight Way to the south, and Cedar Street to the north:

Bricks

Rocks

Billy clubs

Poles, sticks, staffs, dowels or baseball bats modified for use as a weapon

No flags, signs, or banners mounted on poles, boards, sticks, or staffs unless affixedto a building or non-movable structure

Pepper or bear spray (OC spray)

Mace

Knives or daggers

Firearms

Shields

Axes, axe handles, or hatchets

Ice picks

Tasers

Improvised explosive devices (IEDs)

Fire works

Dynamite

Torches, lanterns or other devices that use fire or fuel


Slingshots

Any other item that is generally considered an “implement of riot” that can be used asa weapon.

Law enforcement personnel are exempt from this Rule.

City Manager

September 12, 2017 Date


Exhibit A


SUBJECT: RESTRICTIONS AND PROHIBITIONS IN CIVIC CENTER PARK AND OHLONE PARK FOR AUGUST 5, 2018

PURPOSE

The purpose of this rule is to preserve public safety, protect park property, safely and fairly balance competing uses of the City’s parks, and facilitate First Amendment rights during events being planned for Civic Center Park and Ohlone Park on August 5, 2018.

Pursuant to Berkeley Municipal Code (“BMC”) Chapters 13.44 and 6.46, the City Manager is authorized to impose conditions on the issuance of a permit for a street or park event. No one has applied for or obtained a permit for use of Civic Center Park or Ohlone Park, or for the use of City streets in the vicinity of those parks, for August 5, 2018. Therefore, the conditions, restrictions and prohibitions of this Rule shall apply.

The August 5, 2018 events, dubbed, variously, “No to Marxism in America 2/Exposing Communism,” “Stop the Hate Rally,” “Sweep out the Fascists,” are being planned by groups with opposing political viewpoints, such as the “alt-right”, on the one hand, and the anti-fascists, on the other. There are concerns that the motivation behind some of the August 5 events is to mark and revive violent conflicts that occurred during protests in Berkeley in 2017, both on the University of California campus and in City parks and streets. The 2017 events drew large crowds, including masked agitators who started fires, destroyed property, and engaged in violent confrontations with those endorsing opposing viewpoints. The events of 2017, occurring on February 1, 2017, March 4, 2017, April 15, 2017, April 27, 2017, August 27, 2017 and September 24, 2017, required a substantial police response, including mutual aid. During many of these events, participants came armed with metal pipes, baseball bats, lengths of 2”x 4” lumber spiked with nails, bricks, pepper spray, mace, daggers, combat shields, poles, axe handles, hatchets, helmets, masks, and similar items. Fights broke out and numerous people were seriously injured at some of the events. Arrests were made for offenses that included battery and assault with a deadly weapon. Violence at the 2017 events was well documented by the Berkeley Police Department, the news media, and participants on social media. Numerous participants wore masks or otherwise covered their faces so as to attempt to evade identification while attempting to or committing crimes and engaging in violence.

At the August 27, 2017 conflict, coordinated groups of individuals used Ohlone Park as a meeting place to stage weapons, shields, and other implements of riot, and to practice fighting maneuvers and tactics. These individuals donned masks and collectively marched with their weapons and shields to Civic Center Park, accompanied by a flatbed truck that carried additional implements of riot. Once at the park, a member of the assembled group gave amplified announcements warning, “If you don’t want violence, move away.” The group

ADMINISTRATIVE RULE


deployed purple smoke to create confusion, violently attacked several individuals, and attempted to provoke physical confrontations with police officers. Several people were seriously injured, 13 people were arrested, and the violent, masked agitators largely escaped capture.

Events organized by the same or similar groups in other areas of the country this year have resulted in serious injuries to participants and police officers, due to physical assaults and use of explosives such as M-80s and M-1000s.

Issuance of this rule and regulation is not a waiver of the City’s current authority to enforce rules against unpermitted events, and does not constitute a sanction of any unpermitted event.

REGULATION

PURSUANT TO BMC 6.32.030:

On August 5, 2018, it shall be a violation of this Rule for any person to bring into Civic Center Park or Ohlone Park, any of the following items:

• Metal pipes

• Lengths of lumber or wood (anysize)

• Wooden dowels

• Poles or staffs

• Baseball bats or sticks modified foruse as a weapon

• Glass bottles or metal cans modifiedfor use as a weapon

• Bricks

• Rocks

• Pepper or bear spray (OC spray)

• Mace

• Knives or daggers

• Firearms

• Shields

• Axes, axe handles, or hatchets

• Ice picks

• Razor blades

• Tasers

• Improvised explosive devices (IEDs)

• Spray cans

• Fireworks, firecrackers, explosives

• Smoke canisters

• Dynamite

• Heavy-gauge chain

• Torches, lanterns or other devicesthat use fire or fuel

• Slingshots

• Any other item that is generallyconsidered an “implement of riot”that can be used as a weapon

On August 5, 2018, in Civic Center Park and Ohlone Park, signs and flags must be hand held, and may not be affixed to any pole or stick.

On August 5, 2018, in Civic Center Park and Ohlone Park, the wearing of a mask, scarf, bandana or any other accessory or item that covers or partially covers the face and shields the wearer’s face from view, or partially from view, is prohibited, except for coverings worn due to religious beliefs, practices, or observances, or due to medical necessity.


Law enforcement personnel are exempt from this Rule.

___________________________________ August 3, 2018 _______________________ Dee Williams-Ridley, City Manager Date


CHAPTER 15. TEMPORARY AREA RESTRICTIONS

SEC. 32.1501. CHIEF ADMINISTRATIVE OFFICER AUTHORITY TO ISSUE TEMPORARY AREARESTRICTIONS.

(a) The Chief Administrative Officer or the Chief Administrative Officer's designee, after consultingwith the Sheriff or the Sheriff's designees, is authorized to issue Temporary Area Restrictions as arenecessary to preserve public health, public safety and property during events planned, proposed,anticipated or being held in the unincorporated areas of the County, or on property controlled andmanaged by the County pursuant to Government Code section 25353.

(b) Temporary Area Restrictions issued pursuant to this section shall be narrowly-tailored andconsistent with the First Amendment to the United States Constitution, the California Constitution andState law.

(c) Temporary Area Restrictions shall be limited to establishing perimeters and/or separations forsuch events and prohibiting or otherwise limiting items that have been known to be used as weaponsor implements of riot.

(d) Temporary Area Restrictions issued by the Chief Administrative Officer pursuant to this sectionshall be conspicuously posted in the areas subject to the order and on the County's public website atleast 24 hours prior to implementation and enforcement.

(e) Failure to obey any Temporary Area Restriction issued pursuant to this section shall be aviolation of this Code.

(Added by Ord. No. 10497 (N.S.), effective 9-26-17; amended by Urgency Ord. No. 10544 (N.S.),effective 6-26-18)

Attachment H County of San Diego 12

annotated agenda special meeting of the berkeley …

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