HomeMy WebLinkAboutTC Min 2020-08-27 ' TOWN COUNCIL
��� SPECIAL & I2�GULAR M��TING
� MINUTCS
Consistent with Executive Orders No. N-25-20 a��d N-29-20 from the Executive Department of
the State of Califiornia and the County Public Healtl� Department's May ]8, 2020 Shelter in Place
Order, councilmen�bers attended tl�is meeti��g by telecoi�fierei�ce. Members of the publie were
i��vited t�o participate in the meeting by live-streamii�<i the meetinb on the "I,own's website and �
submittinb comments to commcntsia�to���noftiburon.or�r to be included in the public record for
the meeting.
SPI�CIAL MLETING —6:30 P.M. '
CALL TO ORD�R AND ROLL CALL �
PRESENT (Town of Tib�u�on): Co�n�ciimember Ryai�. Councilmember Welner, Vice ��
Mayor Thier, Mayor Fredericl<s �
ABSENT (Town of Tiburon): Councilmei��ber Kulilc
PRESENT (City of Belvedere): Councilmcmber Mcnuliife, Cou��cilmembe►-McCaslcill,
Councilmember Willcinso��, Vice Mayor Campbell, Mayor
1<emn itzer
EX OFFICIO: Tiburon To���i� Mana<,�er Greg Chanis, Belvede�-e City
Mana��?er Craig Middletoi�, Tibu�•on Tow» Attorney �
Benjamii� Stocl<. Belvedere City Attorney Ei��ily �
Longfiellow. Tiburon 'To���n Cle�-I<Lea Stefani
VIRTUAL TOWN HALL - CONIMUNITY FORUM
The Town Council of Tiburon and Cit� Council of'Bel��eder•e will conduct a special Virtual
Town Hall-Community Forum. Staff���ill p►•o��ide a brief upclate on aetions talcen
subsequent to an incident involving police of�tice►-s from Tiburon and Belvedere and the
owners of Yema, a Black-owned business in do���ntown 'Tiburon. The meeting will then
provicie an opportunity for members of'the communih� to coinment and provide ���
constructive ideas as part of an effort to clevelop actionable steps that allow us to learn �
from this expe�•ience and crcate a communit�� that is more inclusive, equitable and
���elcomin; to all. l
Mayor Fredericl<s enco�u�aged speal<ers to com���ent and bring ideas for a to-do list oi� the topics
of structural racism, racial injustice, equity. inclusion. diversit��, and white privilege. Mayor
Kemnitizer shared the same sentii��ent. ;
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Membei-s of both Councils expressed bratitude for the opport�mity to hear fi�o��� the commu»ity
� � tonight, particularly for Yema I<halif and Hawi A�vasl�'s ei�forts t�o come forward and speal<.
Tiburo�� �I�owi� Manabei-Chanis reported on the To�vn's action since the incident occurred, and
said he had authorized a�� independent investigation by the law offices of Amy Oppenl�ei���ei•.
Both Town Manager Chanis a��d Belvedere Giry Mana<rei- Middletoi� coi�firmed that members ol�
the Tibw-o�� Yolice and Belvedere Police would not be present at tonight's forum dlie to tl�ei�•
involvement in the i��vestibation.
Mayor Predericics i�1t�-oduced ►-eside��t ai�d mod�rator Noah Gritfin. en�imei•ating his cducational
and professional acco»�plislunents, exte��sive bacl<ground in positive civil rights activity, a��d
applauded his local civic involvement.
Mr. Griffin introd�iced the first speal<ers of the evei�ing: Ye���a store owners and Tiburon
residents Yema Khalif a��d Hawi Awash.
Yema Khalif said he enjoyed living and owning a business ii� the Tib�iron coi��munity, but said
he had had nebative experiences with both the "T�iburon and Belvedere police departmei�ts. He
spol<e of nu���erous occasio��s in which he was followed. questioned, o�- his presence i�� Tiburon
was suspected for no appai•ent reason. He hoped the community would �u�derstand the context of
the incident and said his expei-iences are noi ones white people ar-e exposed to. He expressed his
desire to have mutual respect between people of color and law enforcement. and his hope that
tonigl�t's discussion will lead to positive cha��ge.
Hawi Awash said she and Mr. Khalif value love, gratitude and respect She said people of color �
ai-e often expected to prove they are not a suspect or a threat without probable cause. She said
she feared for Mr. Khalif's life while l�e spol:e to the oftice�-, who held his hand on his gun. She
recommended the Towi� a»d City consider commui�ity-based policinb, in ��vhich officers
inti-od��ce themselves to business ow��ers ai�d residei�ts a��d police fi-om a fou��dation of
protection, service, and commlu�ity, rather than force and authority.
Ms. Awash also �-ecommended police ofticers have an��ual bacl<�ro�md checl:s, lil<e those in the
medical pf-ofessions, so officers are l�eld to a high standard. She ei�coin-a;ed trainii�b progra»�s
that emphasize `u��learninb' interi�al biases. and recommended several resources to educate o��
uncoi�scious bias. She hoped the Co�mcil would encourage i��eaninbful change ai�d would
consider a tasl< force specific to both this issue and a <�reater problem of systemic racisn� in
�� 1�U1'011.
ORAL COMMUNICATIONS
�I'evia Bari�es said her feelii�bs of being safe in 'Tiburon had been jeopardized and spol<e about
white privilege of not having ro be concerned about theii� sai�ety whei� di-iving a�-o�u1d town oi�
interactinb with policc. She hoped the ui�conscious bias of local police ofl�ic�rs wo��ld be
uncovered and the law firm hired undei-stood constitutional law.
Amber Allen-Pierson stressed the urgency of white An�ericans to have empathy foi�the pai�� and
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� fear of Blacl:Americans. She believed the small size oi�"I�ibui-on did not merit a Police �
� Department budget of its size and questioned Tibw�on Police�s hiri�lg practices. Sl�e called foc the
removal of the Policc Chief.
Debra Bogaards remarlced on the coura�e of Yema and Ha�vi to tall< abo�it their experience and
inspirc change. She spol<c i�� favor of an investi��ation but hoped it ���ould not talce focus away
fi-om fixii�b the problem. She provided resources to revcal bi�ses.
Pari Cholcsi believed there was a lacl< of accoimtability i�� the leade��ship. He recomi��ei�ded
psycholobical profiling and bias training for ail police ol-ticers. He said the Police budget should �
be reallocatcd to other services. �
Joe Kinb expressed sympathy to Yema and Hawi but said he did not� see a racist coi��i��ent made. �
Mare I,oupe said he shared Ye���a's experiences with the police ai�d recalled stories i�� w}�ich he
had been confronted a��d detained by police. 1-�e recoi�imended officers �-eceive bias training and � �
bacl<gi•ound checl<s and subbested greater diversity o�� the police f�orce.
Amy H. said police policies are not beinb enforced eq�iitably and urged an investigatio�� i��to the
�reater issue beyond this one incide��t. She said Tiburon shouid st�rive to attract� and emb�•ace
citizens lil<e Ye»�a ai�d Hawi. She ►•ecommei�ded bias/empathy training, ii�cl�iding de-escalation
tecl�niques, and commu��ity polici��g.
Robert Wilson believed bias ti•ai��ing would be lost on an officer with dee��ly root�d ►•acist beliefs
ai�d candidates should be better vett�ed before hiring. ]-le believed Tibul-on had less need for
militarized law enfoeceu�ent a��d more need for social services.
Natale Servii7o believed police officers sho��ld �et to I<now business owners, and employees, so
they feel more protected. He said officers should be morc con��ected to the co���munity and less
authoritarian.
Melanie Hamburber said the incident was i��sensitive_ demeaning. and ins�-iltinb. She str-essed the
need to have more voices of color in positions of po�ver to sho�v a more equitable representation
Of t�le C0111t11U111ty.
Conor I=lahei-ty said Yema a��cl Hawi arc the I<ii�d of people Tib�n�on �-vant� to have— I<ind, �
successi-ul, ai�d e��ba�ed with the com�nunity. I-le said the comm�inity needs to listei� to people
who have different e�periences than then�selves to clevelop empathy and understandinb.
BTyan Kemnitzer reco���mended a bool< to helE� white people undei-stand racis�r�. He offered to
donate several copies to the Town and Police so statf could read it.
Ly��i� Feinerman believed Police should be present at toni«ht�s meetinb t�o hear comm�n�ity
feedbacl<. She said Tiburoi� is mostly white and spol<e of her expe�-iei�ces ii� havinb fi-iends of
coloi- visit �ut �feelii�� lilce she must escort them out of to���n so they would not be pulled over.
She agreed with reallocating police funding to���ard other services.
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Logan Grime thanlced Yei��a ai�d Hawi foi-t�heir bravery. Hc told a story ot�Serbeant Blasi's
involveme��t in the death of his father. 1-]e said the "I�o���n should review his record and retlect on
what I<i»d of person it wants on its police force.
Doug Zesiger said school curriculu��� sho��ld incl��de better lessons on racisi�� and slavery in
A���erican histoiy, stressing t�he i�eed to educate yo�ith on the mistal<es ofthe past. ]-le
�-ecommended al1 review their own personal biases.
Kyle Alexandra said racism is systemic in Tiburo��, and this incident is not new or isolated. He
called for an investigation ofthe officer's bacl<ground ���d hi�-in�.
Peter Brool<s expressed sorrow at Yema's experience ai�d said it ���as abs�u�d t�o �fiu�d the police to
act in this way. �
Richard Finlc said he wo�ild lil<e to see more diversity in Tiburon and 6elvedere. He a�reed that
bias t�•aining wo��ld not weed out deeply rooted racist belief�s and spol<e in fiavor ofi community
polici��b by spending less time ii� cars and more time `��all:ing thc beat`.
Eva said racis��� can be exhibited without any comment but can be an �ii�equal applicatio�� of �
policii�g based on someo»e's race. She shared personal experiei�ccs of racism in Tib�u-on and
asked the Town to do self=reflection on ��ace and incquality.
Phillip Nieman shared personal experiences of racial protilinb of his biracial childre��. He
believed Tiburon has a problem with white privile�e. He i-ecomn�ei�ded the discussion start with �
the top leadership and i���plored the Town to put a stop to this police cond�ict.
Marlc Monterastelli believed the incident was represei�tative of�•acial pro�ling. He believed tl�at
for the Town to apologize and dismiss this i��cident as a misunderstanciing would be to
perpetuate and approve the behavior.
Etai� said membei•s oFtlle Council i-a�� i�or oftice to n�al<e a clii'fer-ence in the lives of residents,
and now is the time to do that. He stressed the need to recognize inherei�t bias and bave exa�nples
of white privilege. He felt the ofiicers should be held accountable for violating the 4`�'
amendment.
Tanisha Austin said a lacl< of understanding of why this incident was racist due to people seeinb
it from a position of white privilebe, and from a positioi� of ncver h��vin�� l�ad these experie��ces
eve�y day. Sl�e said racisi�� was `racial pcejudice plus power�. �
Molly Horan su;;ested a comm��nity citizen's oversight commit�tee and for the coi�imunity to �
have input in the hiring of the next I'olice Chiei�. She spol<e in support of coi��i��u��ity polieing
and coi��mended Logan Grime for his bravery ii� speal<ii�g about his father's death.
Colin O`Brien recoi��mended the officers involved tal<e implicit bias training to understand why
their behavior i�� this ineidei�t �vas �vrong. I-le enco�n-a��ed the Town t�o promote education
� progran�s about racism.
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� ICerry Pierson spol<e about Tiburon`s lon� history ofexclusion and told a sto�y oi�racist statues
� that used to stand along Mai�� Street. He said Tibui•on has a bad reputation for being racist. He
supported reallocating Police funds and encouraged changing out the cntire Police Department.
Lisa [3ennet spol<e of pe�-sonal experienccs of�her brother-ii�-la�-v. ���ho had been follo���ed and
questioned by police about his residency many ti���es. She asl<ed the Council to examine wl�y
E31ac1< people do ��ot feel safe in Tiburon, the ���eaning o�i�public safetv. and if Tib�u-on Police is
providin� that service.
Gayle Bur�ns expi-essed concern that local police are not holdin�� white people in the coi��mu»ity
accountable for their behavior and does not teach kids the right values.
Bryant S. supported Hawi's recommendations to the Council and called on residei�ts to recogi�ize
thei�-ow�� role in perpet��ating racist calls to the Police.
Blair Parlce�-expressed disbeliefthat local police officers clid not ki�o��� the owi�ers ofthis
busii�ess. I�3e believed racism was present and questioned the type of training requirecl to be a
police ofiticer.
Harifa Baporia said the Council needed to review this incident in the context of what is
happening nationally and in Yema's local experiei�ce in to��m. and it is now eveiyone's
i-esponsibility to review police conduct. �
Davina Adjani expressed anger tl�at Lo;an Grime was li�nited ii� telling his sto�y about his
father's death. She recommended the officers be investibated for bias. She feared what the
outcome of this incident could have been if the white neighbor had i�ot intervei�ed.
Alai� Reid shared personal experiences of police sinblin�� hin� out for not lool<in�;� lil<e other
residents ii� Tiburon. He said the Police Department ��eeds to mal:e changes soon because the
nation is now watchinb Tiburon as an eaample of how those ���itl� ���hite privilege i»ai�age this.
Anh S. recomi��ended ���al<ing cha��bes in the department before labor contract negotiations in �
� 2021, establishn�ent of a citizen ove�•sight committee_ implement policies that police n�isconduct
settlements be paid from the Police budget rather thai� the General Fund. citizen com��laint �
reform, reallocation of Police fiu�dii�b to a social services division_ de-escalation traini��g, and
consideration of the C�HOOTS mocieL ��
Cheryl Caspi recounted personal experience ofi harassm�nt by a "Tiburon police officer. which ��
caused her to move out of Tib�n-on. She would lilce to see the department tal<e actioi� to eradicate �
this behavior. ��,
Angelo Capozzi felt the ii�cident could have been avoided if�I�iburon police were more engaged '
witl� reside��ts and store owners ai�d had e»gabed in coi��munity poli�in<� rather than ti�om a �
stance of authority. '
Hilary Heave�� said Yema ai�d Hawi had approached the situatio�� ��ith «race, and said it is hard
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� � to understand ho��� the ofticers could not have la�own them. She implored tl�e Police Depai-tment
t�o mal<e cha��<,es.
Karen I-Iarciestv said the people wron��eci in this incident, Yema and Hawi, had shown the ���ost
ei��patl�y. She exp�-essed co��cei-n over hiri��g practices and recom»�ended antiracism resources.
Yanai Perl-y eapi-essed embarrassi��ent, sadi�ess, and an�ei-over his I�ometown's treatment of
people ofcolor. He reqiiested Police f�inding be reallocated and i��sisted o�� transparency in the
ongoii�g exei-cise of i�eform.
Yasmine McGrane was ii�spired by Yema ai�d Hawi and sha►•ed her•expel-ience of beii�b checiced
on by a police ofticer ii� her store while working late, and noted her experience was completely
different. She felt that Ye�na was treated as a suspect because he is Black. She also
recon�mended resources.
Evon Riedei� asked. ii� a comi��ui�ity the small size of"T'iburon with so few sl�ops, how the police
could i�ot 1<i�ow t�he�owner of that store.
Chelsea laleggio asl<ed the Council to lool< at this incident through the lens of a Blacl< pe��son
who has endured thii�gs t�hat� white people have not. She said white people need to ui�derstand the
fear of constantly being followed and suspected because of only the color of their sl<in.
Chelsea Waite asl<ed why a white ma��'s ii�terference was what it took for the police to leave;
why Tiburon ���ould hire someone with a histoiy of violence, and requested the Police
Department review policies and address the root of the behavior.
Karla B. felt it was inappropriate foi-the Police Department to not be present and shared perso��al
experience of being racially protiled in Tiburon. She wo��ld lil<e to see the cominw�ity be more
welcominb of divei�sity and to admit there is ai� issue of racism.
Felicia Gaston said she is worlcing to establish a Mar•it� County Citizen Ove►-si�ht Review to
ii�clude local la�-v cnforcement agc��cies and encouraged Tibur-on and Belvedere to be a part of it.
Marcia McGovern and shared personal eYperience of racist behavior in Belvedere, including her
witness ofi treatment of Blacl< mei� by police offiicers. She said she has raised the issue seve�-al
times and not seen any chan�c. She said she �-�ould also lil.e to see a change in attitude by the
residents to�n�ard nei<�hbors ol�color.
Alexia Salazar-Biagini su�Y��ested white residents ��se their white privile;e to pi•essure chan�e ii�
police behavior by tal<ing video of ei�cow�ters with law enforcement.
Dr. Ruben Kali-a noted the lacl< ofdiversity in "Tibu�•on and Belvedere and would like to see tl�at
change. He asl:ed evei•yo��e to coi�sider the context of what is happening natio��ally ai�d to be
more aware and willii��� to make chanbes.
l�athleen Defever spol<e about the i�ormalization of dismissal of constitutional pi-ii�cip(es in
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� • polici���. She said shc had �vit��essed aggressive attitudes of police and felt there is a systei��ic
problem with police training. She spol<e in favor of community policing.
Denise Wan�-I<line asl:ed abo�it the ex�ectation of tl�e investigation and ihe timefi-ai��e for it to
be concluded.
Lala Luciano said the oftice��s should have I<nown to handle the situatio�� the way they did. She
wa��ted the police to be held more accou��table 1�0�� their behavior.
Several items of�vritten correspondenec ���ere received during the meeting and read into the
reeord fi�om Caroline Talbott. i��Iadcleine Ballard. Marl< Niatchinson. Paul Mourani. John
Madden, Francesca Madden. �Taissa Cherry, a��d I�arina Nielsen.
Mayor Fredericics thanl<ed Noah Gritt7n for i��odei-ating, the speal<ei-s, aud Yema and I-Iawi for
sharin« their experience so the communit}� can leai-n fi•om it. Mayor Kemnitzer also expressed
��ratittlde to Yema and Ela���i for their clariry ofvision and said the recommenclations made
tonight �-vill start tlie pi�ocess of improvement.
Mayor Fredericl<s tha��l<ed the Co�u�cils for meeti��b so c�uickly. Councih��ember Wel»er foiu�d
the comments informative and felt enerbized to deal with the issues the con�munity brought
forwar�d. Vice Mayor Thier thanl<ed the community for theii- bl-ave►-y and input.
ADJOUI2NM�NT
Mayor Fredericics adjourned tl�e ���eeting at 10:30 p.m.
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ALICE FREDERICI<S, MAYOR�
ATTCST:
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LEA S`��I�OWN CLERI<
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Toi�rrl Coin�lcil Rli�rrrtes t!16-2020 17zrgarsl ?�, 2020 �