Agenda Packet (PDF1.96 MB)

BERKELEY CITY COUNCIL AGENDA COMMITTEE

SPECIAL MEETING

BERKELEY CITY COUNCIL SPECIAL MEETING

TUESDAY, MAY 29, 2012

2:30 P.M.

6 th

Floor Conference Room, 2180 Milvia Street

Committee Members:

Mayor Bates, Councilmembers Linda Maio and Gordon Wozniak

(Alternate: Councilmember Anderson)

AGENDA

1. Roll Call

2. Public Comment

3. Approval of Minutes: May 14, 2012

4. Review and Approve draft agendas for June 12, 2012 and June 19, 2012 a. 6/12/12 – 5:30 p.m. Special City Council Meeting b. 6/12/12 – 7:00 p.m. Regular City Council Meeting c. 6/19/12 – 5:00 p.m. Special City Council Meeting d. 6/19/12 – 7:00 p.m. Special City Council Meeting e. Adjournments in memory of -

5. Upcoming Council Items: a. Proposed Upcoming Council Worksessions b. Condominium Conversion Program - Annual Report (Capitelli) c. Community Disaster Preparedness Update (City Manager) d. Measure GG Expenditure Report (City Manager)

6. Land Use Calendar – accept and file

7. Adjournment – next meeting June 11, 2012

Tuesday, May 29, 2012 AGENDA Page 1

Additional items may be added to the draft agenda per Council Rules of

Procedure.

Rules of Procedure Resolution No. 65,337-N.S., Article III, C3c - Agenda - Submission of Time Critical

Items

Time Critical Items. A Time Critical item is defined as a matter that is considered urgent by the sponsor and that has a deadline for action that is prior to the next meeting of the Council and for which a report prepared by the City Manager, Auditor, Mayor or council member is received by the City Clerk after established deadlines and is not included on the Agenda Committee’s published agenda.

The City Clerk shall bring any reports submitted as Time Critical to the meeting of the Agenda Committee.

If the Agenda Committee finds the matter to meet the definition of Time Critical, the Agenda Committee may place the matter on the Agenda on either the Consent or Action Calendar.

The City Clerk shall not accept any item past the adjournment of the Agenda Committee meeting for which the agenda that the item is requested to appear on has been approved.

This is a meeting of the Berkeley City Council Agenda Committee. Since a quorum of the Berkeley City

Council may actually be present to discuss matters with the Council Agenda Committee, this meeting is being noticed as a special meeting of the Berkeley City Council as well as a Council Agenda Committee meeting.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to

Mark Numainville, CMC, Acting City Clerk, 981-6900.

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

I hereby certify that the agenda for this special meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 24, 2012.

Mark Numainville, CMC, Acting City Clerk

Tuesday, May 29, 2012 AGENDA Page 2

BERKELEY CITY COUNCIL AGENDA COMMITTEE

SPECIAL MEETING MINUTES

MONDAY, MAY 14, 2012

2:30 P.M.

6 th

Floor Conference Room, 2180 Milvia Street

Committee Members:

Mayor Bates, Councilmembers Linda Maio and Gordon Wozniak

(Alternate: Councilmember Anderson)

1. Roll Call: 2:30 p.m.

2. Public Comment: 0 speakers.

3. M/S/C (Wozniak/Maio) to approve the of Minutes of April 30, 2012.

4. Review and Approve draft agendas for May 29, 2012 a. M/S/C (Maio/Wozniak) to approve agenda of the 5/29/12 – 6:00 p.m.

Special City Council Meeting b. M/S/C (Wozniak/Maio) to approve the agenda of the 5/29/12 – 7:00 p.m.

Regular City Council Meeting revised to reflect the following:



Item 19 Decommission California Nuclear Power Plants and Transition to Green Non-

Nuclear Power Generation Sources – Moved to Action Calendar



Item 22 Appointment of City Manager – Revised material submitted by Mayor Bates



Item 23 FY 2013 Budget Referral for the Berkeley Arts Center – Councilmember

Capitelli added as a co-sponsor.



Item 24 FY 2013 Budget Referral for J-Sei, BOCA Community Partnership Program and BYA Park Youth Employment – Revised material submitted by Councilmember

Moore. Councilmembers Anderson, Arreguin, and Worthington added as co-sponsors.



Item 25 Streamlined affidavit of Residency Requirements – Revised material submitted by Councilmember Arreguin. Item held over to June 12, 2012.



Item 26 Support Senate Bill 1434 Relating to Warrantless Cell Phone Tracking –

Revised material submitted by Councilmember Arreguin.



Item 28 Support a Proclamation to Honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month and Authorize the City Manager to Fly the Rainbow Flag for the Month of June – Councilmember Moore added as a co-sponsor.



Item Added: Resolution in Support of Full Access to Comprehensive Health Care

Services – Submitted by Councilmember Maio.



Item Added: Alameda County Transportation Expenditure Plan – Submitted by

Councilmember Worthington. Item to be added as 34c. c. Adjournments in memory of – none.

5. Upcoming Council Items: a. Proposed Upcoming Council Worksessions

1. Office of Economic Development (OED) Update – scheduled for

June 12, 2012.

Monday, May 14, 2012 MINUTES Page 1

03

b. Condominium Conversion Program - Annual Report (Capitelli) c. Community Disaster Preparedness Update (City Manager) d. Measure GG Expenditure Report (City Manager)

6. Land Use Calendar – accepted and filed

7. Adjourned at 2:40 p.m.

Mark Numainville, CMC, Acting City Clerk

Monday, April 16, 2012 AGENDA Page 2

D R A F T P R O C L A M A T I O N

C A L L I N G A S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L

In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

TUESDAY, JUNE 12, 2012

5:30 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Preliminary Matters

Roll Call

Public Comment – Items on this agenda only

Worksession:

1. Berkeley’s Employment and Business Trends, Recent Economic Development

Program Initiatives and Project Highlights

From: City Manager

Contact: Michael J. Caplan, Economic Development Manager, 981-2490

Adjournment

I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 31st day of May, 2012.

Tom Bates, Mayor

Public Notice – this Proclamation serves as the official agenda for this meeting .

ATTEST:

Date: 5/31/12

Mark Numainville, Acting CMC, City Clerk

4a

D ISTRICT 1 – L INDA M AIO

D ISTRICT 2 – D ARRYL M OORE

D ISTRICT 3 – M AX A NDERSON

D ISTRICT 4 – J ESSE A RREGUIN

T OM B ATES , M AYOR

Councilmembers:

D ISTRICT 5 – L AURIE C APITELLI

D ISTRICT 6 – S USAN W ENGRAF

D ISTRICT 7 – K RISS W ORTHINGTON

D ISTRICT 8 – G ORDON W OZNIAK

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil

Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City

Council decision to approve or deny a Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via Internet accessible video stream at http://www.CityofBerkeley.info/video and KPFB Radio 89.3.

Archived indexed video streams are available at http://www.CityofBerkeley.info/CityCouncil .

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record.

If you do not want your email address or any other contact information to be made public, you may deliver communications via

U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City

Clerk at 981-6908 or clerk@cityofberkeley.info

for further information.

Agendas and agenda reports may be accessed via the Internet at http://www.CityofBerkeley.info/CityCouncil and may be read at reference desks at the following locations:

City Clerk Department

2180 Milvia Street

Tel: 510-981-6900

TDD: 510-981-6903

Fax: 510-981-6901

Email: clerk@CityofBerkeley.info

Libraries:

Main - 2090 Kittredge Street

Claremont Branch – 2940 Benvenue

North Branch – 1170 The Alameda





Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

4b

D R A F T A G E N D A

BERKELEY CITY COUNCIL MEETING


7:00 P.M.

COUNCIL CHAMBERS - 2134 MARTIN LUTHER KING JR. WAY


Councilmembers:




D

ISTRICT

4 – J

ESSE

A

RREGUIN




D

ISTRICT

8 – G

ORDON

W

OZNIAK

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.

Any member of the public may attend this meeting. Questions regarding this matter may be addressed to

Mark Numainville, CMC, Acting City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.


Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.

Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters .

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information

Calendar. Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item. The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar. Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the

“Consent Calendar”, or move “Consent Calendar” items to action. Items that remain on the “Consent

Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council

Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point. Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

1. Check for 2 nd

Reading Ordinances and add them here.

2. Minutes for Approval


Recommendation: Approve the minutes for the Council meetings of May 1, 2012

(special and regular), May 8, 2012 (special closed and special), May 15, 2012

(special and regular), and May 22, 2012 (special).

Financial Implications: None

Contact: Mark Numainville, Acting City Clerk, 981-6900

3. FY 2013 Tax Rate: Business License Tax on Large Non-Profits


Recommendation: Adopt first reading of an Ordinance setting the FY 2013 tax rate for Business License Tax on large non-profits at $0.52.4 (52.4 cents) per square foot of improvements.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

4. FY 2013 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping


Recommendation: Adopt first reading of an Ordinance setting the FY 2013 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.12015 (12.015 cents) per square foot of taxable improvements.



Tuesday, June 12, 2012 DRAFT AGENDA Page 2


5. FY 2013 Tax Rate: Emergency Services for the Severely Disabled


Recommendation: Adopt first reading of an Ordinance setting the FY 2013 tax rate for the provision of emergency services for the disabled at $0.01240 (1.240 cents) per square foot of improvements.



6. FY 2013 Tax Rate: Neighborhood Branch Library Improvements Project

General Obligation Bonds - Election of November 2008


Recommendation: Adopt first reading of an Ordinance setting the FY 2013 tax rate for the Neighborhood Branch Library Improvements Project General Obligation

Bonds (Measure FF, November 2008) at 0.012%.



7. FY 2013 Tax Rate: Fund the Provision of Emergency Medical Services


Recommendation: Adopt first reading of an Ordinance setting a special tax rate of

$0.0321 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.



8. FY 2013 Tax Rate: Fire Protection and Emergency Response and

Preparedness (Measure GG)


Recommendation: Adopt first reading of an Ordinance setting the FY 2013 tax rate for Fire protection and Emergency Response and Preparedness at an annual rate of

$0.04432 (4.432 cents) per square foot of improvements for dwelling units and setting the rate for all other property at an annual rate of $0.06708 (6.708 cents).



9. FY 2013 Tax Rate: Disaster Fire Protection (Measure Q)


Recommendation: Adopt first reading of an Ordinance setting the FY 2013 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.





10. FY 2013 Tax Rate: Fire Seismic General Obligation Bonds-Election of 1992

(Measure G, 2002 and 2007 General Obligation Refunding Bonds)


Recommendation: Adopt first reading of an Ordinance setting the FY 2013 tax rate for Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General

Obligation Refunding Bonds at 0.0130%).



11. FY 2013 Tax Rate: Animal Shelter General Obligation Bonds-Election of

November 2002


Recommendation: Adopt first reading of an Ordinance setting the FY 2013 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002) at

0.002%.



12. FY 2013 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007

Refunding Bonds)


Recommendation: Adopt first reading of an Ordinance setting the FY 2013 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding

Bonds) at 0.020%.



13. Levying a Special Tax for FY 2013 to Fund the Provision of Library Services


Recommendation: Adopt first reading of an Ordinance setting the FY 2013 tax rate for the Library Services Tax at $0.1718 (17.18 cents) per square foot for dwelling units and $0.2597 (25.97 cents) per square foot for industrial, commercial, and institutional buildings.



14. Notice of Appropriations Limit for FY 2013


Recommendation: Adopt a Resolution providing notice that:

1. Council will adopt an appropriations limit for Fiscal Year 2013 at its meeting of

June 26, 2012; and

2. The amount of the limit and the background material used in its calculation will be available for public review in the City Clerk's Office on or before June 11, 2012.





15. Temporary Appropriations FY 2013


Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2012, until the effective date of the FY 2013 Annual Appropriations Ordinance.



16. Contract No. 7381E Amendment: Corporate Care, LLC for the provision of

Carpet Cleaning and Carpet Maintenance Services


Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7381E with Corporate Care, LLC for the provision of carpet cleaning and carpet maintenance services at the Mental Health clinic sites to increase the amount by $13,000 for a total contract amount not to exceed $69,300 and extending the term through June 30, 2013.

Financial Implications: Various Funds - $13,000

Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

17. Grant: California Childhood Lead Poisoning Prevention Branch for the

Childhood Lead Poisoning Prevention Program


Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from the California Childhood Lead Poisoning Prevention Branch (CLPPB) for the Childhood Lead Poisoning Prevention Program (CLPPP) in the amount of

$234,774 to implement the "Childhood Lead Poisoning Prevention Program" for the period July 1, 2011 to June 30, 2014; and to execute the resultant revenue agreements, contracts and any amendments and extensions.

Financial Implications: Health Fund - $234,774 (revenue)


18. Grants: Tuberculosis Local Assistance Subvention from California Department of Public Health


Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the California Department of Public Health (CDPH) for funds in the amount of $30,806 (Local Assistance and Subvention) in Fiscal Year 2013 for conducting public health tuberculosis surveillance, control, and prevention services; accept the grant; execute any resultant revenue agreements and amendments; and implement the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Health Fund - $30,806 (revenue)




19. Contract No. 7050D Amendment: Berkeley Food & Housing Project for

Operating Costs for the Russell Street Residence and Third Party

Administration of Mental Health Client Funding Supports and Assistance


Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7050D with the Berkeley Food & Housing Project to increase the amount by $100,000 for a total contract amount not to exceed $487,500 and to extend the contract through June 30, 2013 for operating costs for the Russell

Street Residence supportive housing facility and to provide third party administration of Mental Health client funding supports and assistance.



20. Contract No. 7207A Amendment: Lakehurst Hall, Inc. for Temporary Housing


Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7207A with Lakehurst Hall for the provision of temporary housing to Mental Health clients increasing the contract amount by $10,000 for a total contract amount not to exceed $91,500, and extending the term through June

30, 2013.



21. Contract No. 7852 Amendment: Lan Do Associates, LLC for the Provision of

Translation and Interpretation Services


Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7852 with Lan Do Associates, LLC in the amount

$20,100, increasing the total contract amount to $90,100 for the provision of translation and interpretation services for mental health programs and to extend the expiration date to June 30, 2013.

Financial Implications: Mental Health Services Act Fund - $20,100


22. Contract Amendments: Mental Health Services Act Prevention and Early

Intervention and Community Services and Support


Recommendation: Adopt 7 Resolutions authorizing the City Manager to execute amendments for the following contracts that are funded through Mental Health

Services Act (MHSA) Prevention and Early Intervention (PEI) or Community

Services and Supports (CSS) monies increasing the contract amount and extending the contracts through June 30, 2013:

1. Increasing Contract No. 8801 with Center for Independent Living (CIL) in the amount of $26,520 for a total contract amount not to exceed $53,040 for supports for seniors;

2. Increasing Contract No. 8560 with G.O.A.L.S. For Women, Inc. in the amount of

$26,520 for a total contract amount not to exceed $79,560 to serve African American women and their families;



3. Increasing Contract No. 8516 with Pacific Center for Human Growth in the amount of $26,520 for a total contract amount not to exceed $79,560 to serve low income Lesbian, Gay, Bi-sexual, Transgender, Queer, Questioning and Intersex

(LGBTQQI) individuals;

4. Increasing Contract No. 8573 with Albany Unified School District (Albany USD) by $53,040 for a total contract amount not to exceed $159,120 for services to Asian

Pacific Islander, Latino, and African American youth;

5. Increasing Contract No. 8606 with Youth Engagement Advocacy Housing

(YEAH), in the amount of $26,520 for a total contract amount not to exceed $79,560 for support groups for transition age youth (TAY);

6. Increasing Contract No. 8439 with Youth Engagement Advocacy Housing

(YEAH), in the amount of $101,768 for a total contract amount not to exceed

$305,304 for services to Asian and Latino transition age youth;

7. Increasing contract No. 8975 (CMS No. AC8CT) with Berkeley Unified School

District (BUSD) in the amount of $35,000 for a total contract amount not to exceed

$90,000 for elementary school aged youth.

Financial Implications: Mental Health Services Act Fund - $295,888


23. Contract No. 8287 Amendment: Claremont Behavioral Services for Employee

Assistance Program Services


Recommendation: Adopt a Resolution authorizing the Interim City Manager to amend Contract No. 8287 with Claremont Behavioral Services (Claremont) in order to provide continued services for the Employee Assistance Program (EAP) by increasing expenditure authority in an amount not to exceed $315,000, for a total contract amount of $635,000, through June 30, 2015.

Financial Implications: Payroll Deduction Trust Fund - $315,000

Contact: David Hodgkins, Human Resources, 981-6800

24. Contract No. 7258B Amendment: KANA Community Relationship Management

(CRM) Software Maintenance


Recommendation: Adopt a Resolution authorizing the City Manager to amend

Contract No. 7258B with KANA Software (formerly Lagan Technologies, Inc.) for software maintenance, increasing the amount by $27,773 for a total not to exceed

$593,273 from March 23, 2007 through June 30, 2013.

Financial Implications: General Fund - $27,773

Contact: Donna LaSala, Information Technology, 981-6500

25. Contract No. 6893E Amendment: Nexus IS for Telephone Maintenance and

Equipment Replacement



Contract No. 6893E with Nexus IS for an extended telephone equipment warranty, increasing the amount by $55,000, for a total contract amount not to exceed

$465,000 for the term January 1, 2006 through June 30, 2013.





26. Contract No. 7167D Amendment: SunGard Public Sector for FUND$ Software

Maintenance



Contract No. 7167D with SunGard Public Sector for maintenance and support of the

City's FUND$ system, increasing the amount of the current contract by $145,000 for a total not to exceed $950,000 from July 1, 2006 through June 30, 2013.



27. Contract No. 7562B Amendment: Decade Software Company for Software

Licensing and Support



Contract No. 7562B with Decade Software Company for software licensing and support, increasing the original amount by $43,184 for a total not to exceed

$181,333 from February 21, 2008 to June 30, 2013.



28. Contract No. 5864E Amendment: Granicus Video Streaming Services



Contract No. 5864E with Granicus Inc. for video streaming, podcasting, and archiving, increasing the amount by $50,800 for a total not to exceed $285,600 from

November 14, 2002 to June 30, 2014.



29. Grant and Contract: 2011 Edward J. Byrne Memorial Justice Assistance Grant

(JAG) for Berkeley Police Department Costs


Recommendation: Adopt a Resolution authorizing the City Manager to accept

$57,650 in Federal funds from the 2011 Edward J. Byrne Memorial Justice

Assistance Grant (JAG) to be used for funding overtime costs associated with serious violent crimes for a period of approximately 24 months.

Financial Implications: JAG Grant Fund: $54,768

Contact: Michael Meehan, Police, 981-5900

30. Contract: EVRA Construction, Inc. for Fire Station No. 5 Renovation


Recommendation: Adopt a Resolution:

1. Approving the plans and specifications for Fire Station No. 5 Renovation,

Specification No. 12-10638-C;

2. Deeming that the lowest bid received from S&H Construction, Inc. is nonresponsive;

3. Accepting the bid of EVRA Construction, the lowest responsive and responsible bidder; and



4. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with approved plans and specifications, in an amount not to exceed $475,200 for the period of 120 days from the date of the notice to proceed.

Financial Implications: Measure G Public Safety Facilities/Seismic Improvements

Fund - $475,200

Contact: Andrew Clough, Public Works, 981-6300

31. Contract: Building Opportunities for Self Sufficiency for Leaf and Litter

Abatement


Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Building Opportunities for Self Sufficiency for leaf and litter abatement in an amount not to exceed $1,602,500 for the period July 1,

2012 to June 30, 2017.

Financial Implications: Refuse Collection Disposal - $1,602,500


32. Repeal and Reenact Berkeley Municipal Code Chapter 12.34 Semi Automated

Curbside Refuse Collection


Recommendation: Adopt first reading of an Ordinance repealing and reenacting

Chapter 12.34 of the Berkeley Municipal Code (BMC) regulating Curbside Refuse

Collection.

Financial Implications: Refuse Fund - $25,000


33. Proclaiming June 26, 2012 as United Nations International Day in Support of

Victims of Torture

From: Peace and Justice Commission

Recommendation: Adopt a Resolution proclaiming June 26, 2012 as United

Nations International Day in Support of Victims of Torture.


Contact: Eric Brenman, Commission Secretary, 981-5114

34. Endorse Economists' Statement in Support of Occupy Wall Street


Recommendation: Endorse the Economists' Statement in support of Occupy Wall

Street.





35. Restore Due Process and the Right to Trial


Recommendation: Adopt a Resolution:

1. Opposing indefinite military detention (without trial) as authorized by the National

Defense Authorization Act ("NDAA") and seeking the repeal of its detention (without trial) provisions;

2. Instructing all our public agencies to decline requests by federal agencies acting under detention powers granted by the NDAA that could infringe upon residents' freedom of speech, religion, assembly, privacy, or rights to counsel; and

3. Supporting the restoration of due process and the right to trial.



36. Free All Political Prisoners in Burma and Support Respect for Basic Human

Rights


Recommendation: Adopt a Resolution calling for the immediate release of all

Burmese political prisoners and supporting the right of the Burmese people to exercise fundamental political and civil liberties, including freedom of expression, assembly, association, movement, press, and the right to multiparty elections.



37. Ask Governor Jerry Brown to Release Human Trafficking Victim Sara Kruzan with Time Served


Recommendation: Adopt a Resolution and send a letter asking Governor Jerry

Brown to release human trafficking victim Sara Kruzan with time served.



Council Consent Items

38. Delivery Vehicles on Telegraph Ave

From: Mayor Bates

Recommendation: Refer to the Transportation Commission amendments to BMC

Chapter 14.56 that would limit deliveries to businesses on Telegraph Avenue between Dwight Way and Bancroft Way to delivery vehicles of 30 feet or less, and only between 6 a.m. and 11 a.m.

Financial Implications: Unknown

Contact: Tom Bates, Mayor, 981-7100

39. Streamlined Affidavit of Residency Ordinance

From: Councilmember Arreguin

Recommendation: Adopt the attached Ordinance streamlining the Affidavit of

Residency process.


Contact: Jesse Arreguin, Councilmember, District 4, 981-7140


Council Consent Items

40. Downtown No Smoking Signage: Relinquishment of Council Office Budget

Funds to General Fund and Grant of Such Funds

From: Councilmember Arreguin

Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember for No Smoking Signs in the Downtown with funds relinquished to the City's general fund for this purpose from the discretionary

Council Office Budgets of Councilmember Arreguín and any other Councilmembers who would like to contribute.

Financial Implications: Councilmember's Discretionary Fund - $250

Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Action Calendar – Public Hearing

41. West Berkeley Project – Master Use Permit Process (Continued from May 22,

2012)


Recommendation: Conduct a public hearing, and upon conclusion:

1. Adopt a Resolution certifying the Final Environmental Impact Report (FEIR) for the Master Use Permit amendments and adopting CEQA findings and the Mitigation

Monitoring Program;

2. Adopt a Resolution approving amendments to the West Berkeley Plan, and by reference the General Plan; and

3. Adopt the first reading of the Ordinance to repeal and reenact BMC Chapter

23B.36 Master Use Permits.


Contact: Eric Angstadt, Planning and Development, 981-7400

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Staff shall introduce the public hearing item and present their comments. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.


Action Calendar – New Business

42. Borrowing of Funds and the Sale and Issuance of FY 2013 Tax and Revenue

Anticipation Notes


Recommendation: Adopt a Resolution approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2013 Tax and Revenue Anticipation Notes.



43. City Council Comments on FY 2013 Proposed Budget


Recommendation: Discuss comments from Council on the FY 2013 Proposed

Budget.

Financial Implications: See May 1, 2012 Proposed FY 2013 Budget Report

Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

44. Voting Delegates - League of California Cities Annual Conference


Recommendation: Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on

Friday, September 7, 2012, at the San Diego Convention Center.


Contact: Mark Numainville, Acting City Clerk, 981-6900

45. Utility Users Tax Ballot Measure


Recommendation:

1. Adopt a Resolution placing the attached measure to amend the utility users tax on the ballot at the November 6, 2012 General Municipal Election.

2. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code

Section 9282.



Information Reports

46. Landmarks Preservation Commission Notice of Decision for Structural

Alteration Permit (LM No.11-40000012)

From: Planning and Development

Contact: Eric Angstadt, Planning and Development, 981-7400

47. Permeable Pavers Trial Project

From: Public Works Commission

Contact: Jeff Egeberg, Commission Secretary, 981-6406

Public Comment – Including Items Not Listed on the Agenda –

Adjournment


NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:

1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code

65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of

Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via internet accessible video stream at http://www.cityofberkeley.info/video and KPFB Radio 89.3.

Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil .


Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil and may be read at reference desks at the following locations:


2180 Milvia Street

Tel: 510-981-6900

TDD: 510-981-6903

Fax: 510-981-6901

Email: clerk@ci.berkeley.ca.us

Libraries:









4b.33

Peace and Justice Commission

CONSENT CALENDAR

June 12, 2012

To:

From:

Honorable Mayor and Members of the City Council


Submitted by: George Lippman, Chairperson, Peace & Justice Commission

Subject: Proclaiming June 26, 2012 as United Nations International Day in Support of Victims of Torture

RECOMMENDATION

Adopt a Resolution proclaiming June 26, 2012 as United Nations International Day in

Support of Victims of Torture.

FISCAL IMPACTS OF RECOMMENDATION

None.

CURRENT SITUATION AND ITS EFFECTS

The Peace and Justice Commission unanimously adopted the following recommendation:

Adopt a Resolution proclaiming June 26, 2012 as United Nations International Day in


M/S/C: (Maran/Rabkin)

Ayes

: Haney, Lippman, Maran, Meola, Rabkin, Siegel, Sochet

Noes : None.

Abstain : None.

Absent

: Bohn (excused), Gozal, Kenin, Mundu, Nicely (excused), Rueda

RATIONALE FOR RECOMMENDATION

The Peace and Justice Commission, consistent with its mandate to promote peace and justice, locally, nationally and internationally, recommends that the Council support this

Resolution proclaiming June 26, 2012 as United Nations International Day in Support of

Victims of Torture.

ALTERNATIVE ACTIONS CONSIDERED

None.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099

E-Mail: manager@CityofBerkeley.info

Website: http://www.CityofBerkeley.info/Manager

Proclaiming June 26, 2012 as United Nations International Day

In Support of Victims of Torture

Consent Calendar

June 12, 2012

CITY MANAGER

The City Manager takes no position on the content and/or recommendations of the

Commission’s Report.

CONTACT PERSON

Rita Maran, Commissioner, Peace & Justice Commission

Eric Brenman, Secretary, Peace & Justice Commission, 981-5114

Attachment:

1. Resolution

Page 2

RESOLUTION NO. –N.S.

PROCLAIMING JUNE 26, 2012 AS UNITED NATIONS INTERNATIONAL DAY IN

SUPPORT OF VICTIMS OF TORTURE

WHEREAS, June 26 is the day on which the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment came into force in 1987; and

WHEREAS, at that time, few treatment centers for torture survivors existed, while today there are more than 200 centers or programs around the world, with several of them in the Bay area; and

WHEREAS, torture treatment centers are currently able to offer clinical, scientific, legal, and psychosocial support to torture victims, from diagnosis through rehabilitation; and

WHEREAS, the Government of the United States ratified the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 1994, bringing the Convention into U.S. law in keeping with the U.S. Constitution, Article VI; and

WHEREAS, the United Nations Voluntary Fund for Victims of Torture collects and distributes funds donated by individuals as well as governments, in support of torture treatment programs in the United States and around the world; and

WHEREAS, the United Nations has proclaimed June 26 the International Day in

Support of Victims of Torture; and

WHEREAS, the United Nations calls on all Governments and members of civil society to take action, every year, at the international, regional, national, provincial, community, village, professional, family, and individual level, to defeat torture and torturers everywhere.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that

the

Council hereby proclaims June 26, 2012 as United Nations International Day in


BE IT FURTHER RESOLVED that a record signature of said Resolution to be on file in the office of the City Clerk.

4b.34


CONSENT CALENDAR

JUNE 12, 2012

To: Honorable Mayor and Members of the City Council

From: Peace and Justice Commission


Subject: Endorse Economists’ Statement in Support of Occupy Wall Street

RECOMMENDATION

Endorse the Economists’ Statement in support of Occupy Wall Street.


None.


The Peace and Justice Commission adopted the following recommendation:

That the Council endorse the Economists’ Statement in support of Occupy Wall Street.

M/S/C: (Kenin/Sorgen)

Ayes

: Bohn, Kenin, Lippman, Maran, Meola, Nicely, Rueda, Sochet, Sorgen

Noes : Siegel

Abstain : Rabkin )

Absent

: Armendariz, Gozal (excused), Masri


The Peace and Justice Commission, consistent with its mandate to promote peace and justice, locally, nationally and internationally, recommends that the Council endorse the following Economists’ Statement in support of Occupy Wall Street:

“We are economists who oppose ideological cleansing in the economics profession.

Equally we oppose political cleansing in the vital debate over the causes and consequences of our current economic crisis.

We support the efforts of the Occupy Wall Street movement across the country and across the globe to liberate the economy from the short-term greed of the rich and powerful “one percent”.




Endorse the Economists’ Statement in Support of Occupy Wall Street CONSENT CALENDAR

June 12, 2012

We oppose cynical and perverse attempts to misuse our police officers and public servants to expel advocates of the public good from our public spaces.

We extend our support to the vision of building an economy that works for the people, for the planet, and for the future, and we declare our solidarity with the Occupiers who are exercising our democratic right to demand economic and social justice.”


None.

CITY MANAGER



CONTACT PERSON

Wendy Kenin, Commissioner, Peace & Justice Commission


Attachment:

1) Background materials & links (including list of signatories to the Economists’

Statement)

Page 2

Background Materials & Links: a) http://econ4.org/statement-on-ows b) List of signatories to the Economists’ Statement in Support of Occupy Wall

Street:

Gerald Epstein / University of Massachusetts Amherst

James K. Boyce / University of Massachusetts Amherst

Taro Abe / Nagoya Gakuin University

Fikret Adaman / Bogazici University

Bengi Akbulut / University of Manchester

Randy Albelda / University of Massachusetts Boston

Gar Alperovitz / University of Maryland

Nurul Aman / University of Massachusetts Boston

Miguel Arce / Universidad del Valle

Michael Ash / University of Massachusetts Amherst

Enid Arvidson / University of Texas at Arlington

Dennis Badeen / York University

Lee Badgett / University of Massachusetts Amherst

Ron Baiman / Center for Tax and Budget Accountability

Dean Baker / Center for Economic and Policy Research

Samuel L. Baker / Purdue University

Scott Baker / Public Banking Institute

Erdogan Bakir / Bucknell University

Benjamin Balak / Rollins College

Radhika Balakrishnan / Rutgers University

Fabian Balardini / Borough of Manhattan Community College

Nesecan Balkan / Hamilton College

Ahmet Baytas / Montclair State University

Nina Banks / Bucknell University

Deepankar Basu / University of Massachusetts Amherst

Michael Beggs / University of Sydney

José Bellver/ Complutense University of Madrid

Ravi Bhandari / St. Mary’s College

Peter C. Bloch / University of Wisconsin-Madison

Roger Evan Bove / West Chester University

Elissa Braunstein / Colorado State University

Ted Burczak /Denison University

Isabela Prado Callegari – São Paulo School of Economics

Al Campbell / University of Utah

Martha Campbell / Potsdam College (SUNY)

Emanuele Campiglio / New Economics Foundation

Juan Camilo Cardenas / Universidad de Los Andes

Jessica Carrick-Hagenbarth / University of Massachusetts

Amherst

Scott Carter / University of Tulsa

Hugo E. A. da Gama Cerqueira / Universidade Federal de

Minas Gerais

Paresh Chattopadhyay / University of Quebec

Robert Chernomas / University of Manitoba

Jens Christiansen / Mount Holyoke College

Alan B. Cibils / Universidad Nacional de General Sarmiento

Jennifer Cohen / University of Massachusetts Amherst

Steve Cohn / Knox College

Paul Cooney / Universidade Federal do Pará

Lilia Costabile / University of Naples

J. Kevin Crocker / University of Massachusetts Amherst

James Crotty / University of Massachusetts Amherst

James M. Cypher / Universidad Autónoma de Zacatecas

Omar S. Dahi / Hampshire College

Anita Dancs / Western New England University

Adel Daoud / University of Gothenburg

Erik Dean / University of Missouri Kansas City

Carmen Diana Deere / University of Florida

Francois Delorme / Association des Economistes Québécois

Joao Paulo de Souza / University of Massachusetts Amherst

George DeMartino / University of Denver

Serkan Demirkilic / University of Massachusetts Amherst

Maarten de Kadt

Hans Despain / Nichols College

Carlo D’Ippoliti / Sapienza University of Rome

Jonathan Diskin / Earlham College

Geert Dhondt / City University of New York

David Donald / Glasgow Caledonian University

Peter Dorman / Evergreen State College

Mathieu Dufour / City University of New York

Lynn Duggan / Indiana University Bloomington

Anil Duman / Central European University

Gary Dymski / University of California Riverside

Marie Christine Duggan / Keene State College

Nina Eichacker / University of Massachusetts Amherst

David Ellerman / University of California at Riverside

Benan Eres / Ankara University

Bilge Erten / United Nations, DESA

Paula Esteves / Federal University of Minas Gerais

Ramon Garcia Fernandez / Universidade Federal do ABC

Kade Finnoff / University of Massachusetts Boston

Nancy Folbre / University of Massachusetts Amherst

L. Carlos Freire-Gibb / Aalborg University

Gerald Friedman / University of Massachusetts Amherst

James K. Galbraith / University of Texas Austin

Robert F. Garnett / Texas Christian University

Heidi Garrett-Peltier / University of Massachusetts Amherst

David George / La Salle University

Armagan Gezici / Keene State College

Don Goldstein / Allegheny College

Jonathan P. Goldstein / Bowdoin College

Mitch Green / University of Missouri Kansas City

Robin Hahnel / American University

Jay P. Hamilton / City University of New York

Amy Hart / University of Sydney

Martin Hart-Landsberg / Lewis and Clark College

James Heintz / University of Massachusetts Amherst

Doug Henwood / Left Business Observer

Arturo Hermann / ISTAT

Marianne Hill / Mississippi Center for Policy Research

Michael G. Hillard / University of Southern Maine

Wolfgang Hoeschele / Truman State University

Joan Hoffman / City University of New York

Sue Holmberg / University of Massachusetts Amherst

Kiaran Honderich / Williams College

Jong Haak Hong / Kyungwon University

Barbara Hopkins / Wright State University

Julio Huato / St. Francis College

Alan Hutton / Glasgow Caledonian University

Ruth Indeck / Economy Connection

Ryan Isakson / University of Toronto

Frederic B. Jennings Jr. / Center for Ecological Economics and Ethical Education, Ipswich, MA

Tae-Hee Jo / Buffalo State College

Calanit Kamala / UC Berkeley

Emily Kawano / University of Massachusetts Amherst

Seçil Aysed Kaya / Ankara University

Mehmet Rauf Kesici / Kocaeli University

Marlene Kim / University of Massachusetts Boston

Yun Kyu Kim / Trinity College

Mary C. King / Portland State University

Robert Kirsch / Virginia Tech

Mark Klinedinst / University of Southern Mississippi

Katharine Kontak / Bowling Green State University

Gonca Konyali / Dokuz Eylul University

David Kotz / University of Massachusetts Amherst

Philip Kozel / Rollins College

David Kristjanson-Gural / Bucknell University

David Laibman / City University of New York

Eric Larsen / Public Policy Institute of California

Mehrene Larudee / Al-Quds Bard Honors College

Michael A. Lebowitz / Simon Fraser University

Chai-On Lee / Chonnam National University

Frederic Lee / University of Missouri Kansas City

Fernando Leiva / University at Albany (SUNY)

Gerald Levy / LaGuardia Community College (CUNY)

Antonio Lopes / Second University of Naples

Fiona Maclachlan / Manhattan College

Carlos Marentes / University of Massachusetts Amherst

Stephen A Marglin / Harvard University

Wesley Marshall / UAM-Iztapalapa

Thomas Masterson / Levy Economics Institute of Bard

College

Julie Matthaei / Wellesley College

Matthew May / University of Missouri Kansas City

Elaine McCrate / University of Vermont

Andrew Mearman / University of the West of England, Bristol

Michael Meeropol / Western New England University

Ralph Meima / Marlboro College Graduate School

César Viteri Mejía / University of Massachusetts Amherst

Peter B. Meyer / University of Louisville

Gary Mongiovi / St. John’s University

Fred Moseley / Mount Holyoke College

Albert Mosley / Smith College

Jamee K. Moudud / Sarah Lawrence College

Catherine P. Mulder / City University of New York

Marta Murray-Close / University of Massachusetts Amherst

Ellen Mutari / The Richard Stockton College of New Jersey

Sirisha Naidu / Wright State University

Kamran Nayeri / University of California Berkeley

Jessica Gordon Nembhard / City University of New York

Julie A. Nelson / University of Massachusetts Boston

Eric Nilsson / California State University San Bernardino

Richard B. Norgaard / University of California Berkeley

Erik Olsen / University of Missouri Kansas City

Hiroshi Onishi / Kyoto University

Miguel Otero-Iglesias / ESSCA – School of Management

Cem Oyvat / University of Massachusetts Amherst

Aaron Pacitti / Siena College

Thomas Palley / New America Foundation

Susan Parks / University of Wisconsin-Whitewater

Eva Paus / Mount Holyoke College

Samuel R Pavel / Southern Illinois University Carbondale

Karl Petrick / Western New England University

Paddy Quick / St. Francis College

Peter Radford

Wendy Rayack / Wesleyan University

Arslan Razmi / University of Massachusetts Amherst

Jack Reardon / Hamline University

Sanjay G. Reddy / The New School for Social Research

Robert Reinauer / Rollins College

Stephen Resnick / University of Massachusetts Amherst

Meenakshi Rishi / Seattle University

Igor Lopes Rocha / University of Cambridge

Charles P. Rock / Rollins College

Leopoldo Rodriguez / Portland State University

Sergio Rossi / University of Fribourg

Héctor Sáez / University of Massachusetts Amherst

Daniel E. Saros / Valparaiso University

Harwood D. Schaffer / University of Tennessee Institute of

Agriculture

Helen Scharber / Hampshire College

Ted P. Schmidt / Buffalo State College

Alyssa Schneebaum / University of Massachusetts Amherst

Markus P. A. Schneider / University of Denver

Juliet Schor / Boston College

Elliott Sclar / Columbia University

Ian J. Seda-Irizarry / University of Massachusetts Amherst

Kristen Sheeran / Economics for Equity and the Environment

Barry Shelley / Brandeis University

Ceren Soylu / University of Massachusetts Amherst

Peter Spiegler / University of Massachusetts Boston

Liz Stanton / Tufts University

Martha A. Starr / American University

Mark Stelzner / University of Massachusetts Amherst

Tamara Stenn / Keene State College

John Stifler / University of Massachusetts Amherst

Engelbert Stockhammer / Kingston University

Ian C. Strachan / Nichols College

Sarah Surak / Virginia Tech

Janet M. Tanski / University of Missouri

Linwood Tauheed / University of Missouri Kansas City

Kenna Taylor / Rollins College

Pavlina R. Tcherneva / Franklin and Marshall College

Hasan Tekgüç / Mardin Artuklu University

Jim Tober / Marlboro College

Zdravka Todorova / Wright State University

Junji Tokunaga / University of Massachusetts Amherst

Mariano Torras / Adelphi University

Mayo Toruño / California State University San Bernardino

Andrew Trigg / Open University

A. Dale Tussing / Syracuse University

Eric Tymoigne / Lewis and Clark College

Hendrik Van den Berg / University of Nebraska – Lincoln

Roberto Veneziani / Queen Mary University of London

Valerie Voorheis / University of Massachusetts Amherst

Mwangi wa G ĩ th ĩ nji / University of Massachusetts Amherst

Thomas E. Weisskopf / University of Michigan

Julian Wells / Kingston University

Anastasia C. Wilson / University of Massachusetts Amherst

Marty Wolfson / University of Notre Dame

L. Randall Wray / University of Missouri Kansas City

Michael D. Yates / University of Pittsburgh at Johnstown

Jong-Il You / KDI School of Public Policy and Management

Ajit Zacharias / Bard College

Jeffrey Zink / Morningside College

Klara Zwickl / University of Massachusetts Amherst

4b.35


CONSENT CALENDAR

JUNE 12, 2012

To:

From:




Subject: Restore Due Process and the Right to Trial

RECOMMENDATION

Adopt a Resolution:

1. Opposing indefinite military detention (without trial) as authorized by the National

Defense Authorization Act (“NDAA”) and seeking the repeal of its detention (without trial) provisions;

2. Instructing all our public agencies to decline requests by federal agencies acting under detention powers granted by the NDAA that could infringe upon residents' freedom of speech, religion, assembly, privacy, or rights to counsel; and

3. Supporting the restoration of due process and the right to trial.


None.



Adopt a Resolution opposing indefinite military detention (without trial) as authorized by the National Defense Authorization Act (“NDAA”), seek the repeal of the NDAA’s detention (without trial) provisions and supporting the restoration of due process and the right to trial.

M/S/C: (Meola/Nicely)

Ayes

: Armendariz, Bohn, Kenin, Lippman, Maran, Meola, Nicely, Rueda

Noes

:

Absent

:

None.

Abstain : Siegel. (Basis for abstention: “recommendation should be modified to apply [to] only citizens and legal residents.” )

Gozal, Masri, Mundu (unexcused), Rabkin (unexcused), Sochet

(unexcused)




Restore Due Process and the Right To Trial CONSENT CALENDAR

June 12, 2012



Resolution to uphold constitutional safeguards, including due process and the right to trial.


None.

CITY MANAGER



CONTACT PERSON

Bob Meola, Commissioner, Peace & Justice Commission, 644-1102


Attachments:

1. Resolution

2. Background Materials

Page 2


RESTORE DUE PROCESS AND THE RIGHT TO TRIAL

WHEREAS, the Peace and Justice Commission advises the City Council on all matters relating to the City of Berkeley’s role in issues of peace and social justice (Berkeley

Municipal Code (BMC) Chapter 3.68.070); and

WHEREAS, the Constitution of the United States is the foundation of our nation’s rights and freedom, and the basis of our representative democracy; and

WHEREAS, on February 5, 2002, the Berkeley City Council passed Resolution No.

61,449-N.S. establishing a policy that the City will cooperate only with constitutionally valid requests from the federal government, and all actions by the Berkeley Police

Department will remain in accord with Amendments 4-8 of the U.S. Constitution, the due process clauses of the California Constitution, and the United Nations Charter, Article

55; and

WHEREAS, the indefinite military detention, without trial, of any person, including

United States citizens, is allowed by Sections 1021 and 1022 of the National Defense

Authorization Act (NDAA); and

WHEREAS, the indefinite military detention of any person without trial violates the 5th and 6th amendments of the Constitution of the United States, Article III of the

Constitution of the United States, and the Posse Comitatus Act; and

WHEREAS, the NDAA corrodes the ideals of presumed innocence and right to a fair trial on which our nation was founded, and which generations of activists and military servicemen and women have fought to preserve; and

WHEREAS, the City of Berkeley re-affirms its gratitude for the supreme sacrifice of those in the Armed Forces who have died in battle in the name of those same cherished rights and liberties; and

WHEREAS, the NDAA’s detention provisions could, under Humanitarian Law Project v.

Holder

, allow the targeted detention of activists, journalists and other Americans exercising their First Amendment rights despite the crucial role of Free Speech in preserving liberty; and

WHEREAS, the NDAA’s detention provisions could allow the recurrence of torture in military detention in violation of the Eighth Amendment and in violation of the

Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or

Punishment, a treaty ratified by the United States in 1994 and part of the law of the land, under Article 6 of the Constitution; and

WHEREAS, the detention provisions could force US military service members to serve as domestic jailers, a role for which they are neither trained nor equipped, nor is ever appropriate; and

WHEREAS, the FBI Director, Secretary of Defense, Leon Panetta, the Director of

National Intelligence, the Department of Defense, and many of our nation’s generals, admirals, and servicemen and women have opposed the NDAA’s detention provisions; and

WHEREAS, the Council of the City of Berkeley has an extensive history of protecting its residents’ civil rights and liberties.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley, that the

Council, acting in the spirit and history of our community, does hereby declare that we:

1. Strongly affirm our loyalty to the rights and liberties enshrined within the

Constitution of the United States, including the Fifth Amendment right to due process and the Sixth Amendment right to trial.

2. Instruct all our public agencies to decline requests by federal agencies acting under detention powers granted by the NDAA that could infringe upon residents' freedom of speech, religion, assembly, privacy, or rights to counsel.

3. Expect all federal and state law enforcement officials acting within the City of

Berkeley to work in accordance with local law, and in cooperation with the

Berkeley Police Department, by allowing any detainees, among Berkeley’s residents or visitors, access to a trial, counsel and due process, as provided by

Article III of the Constitution of the United States.

4. Request that our United States Congressperson, Barbara Lee, and California’s

United States Senators, Barbara Boxer and Dianne Feinstein, monitor the implementation of the NDAA and actively work for the repeal of the NDAA’s detention provisions to restore fundamental rights and liberties embodied in the

Constitution of the United States.

BE IT FURTHER RESOLVED that copies of this resolution be sent, by the Clerk of the

City of Berkeley, to United States Representative Barbara Lee and Senators Barbara

Boxer and Dianne Feinstein, the United States Senate Committee on the Judiciary, the

United States Senate Select Committee on Intelligence, the United States House of

Representatives Committee on the Judiciary, the United States House of

Representatives Permanent Select Committee on Intelligence, the Attorney General of the United States, Eric Holder, and the President of the United States, Barack Obama.

A record signature of said Resolution to be on file in the office of the City Clerk.

Attachment 2

4b.36


CONSENT CALENDAR

JUNE 12, 2012


From: Peace and Justice Commission


Subject: Free All Political Prisoners in Burma and Support Respect for Basic

Human Rights

RECOMMENDATION

Adopt a Resolution calling for the immediate release of all Burmese political prisoners and to supporting the right of the Burmese people to exercise fundamental political and civil liberties, including freedom of expression, assembly, association, movement, press, and the right to multiparty elections.


None.


The Peace and Justice Commission unanimously adopted the following recommendation:

Adopt a Resolution to call for the immediate release of all Burmese political prisoners and to support the right of the Burmese people to exercise fundamental political and civil liberties, including freedom of expression, assembly, association, movement, press, and the right to multiparty elections.

M/S/C: (Nicely/Armendariz)

Ayes : Armendariz, Bohn, Kenin, Lippman, Maran, Meola, Nicely, Rueda,

Noes : None.

Abstain

: Siegel (Basis for Abstention: “I’d like to see the final changes to the recommendation [prior to supporting it].”)

Absent : Gozal, Masri, Mundu (unexcused), Rabkin (unexcused), Sochet

(unexcused)




Free All Political Prisoners in Burma and

Support Respect for Basic Human Rights

Consent Calendar

June 12, 2012



Resolution to free all political prisoners in Burma and to support respect for basic human rights.


None.

CITY MANAGER

The City Manager takes no position on the content and recommendations of the


CONTACT PERSON

Mary Nicely, Commissioner, Peace & Justice Commission


Attachment:

1. Resolution

Page 2


FREE ALL POLITICAL PRISONERS IN BURMA AND SUPPORT RESPECT FOR

BASIC HUMAN RIGHTS

WHEREAS, the Peace and Justice Commission advises the City Council and the

Berkeley School Board on all matters relating to the City of Berkeley's role in issues of peace and social justice (Berkeley Municipal Code (BMC) Chapter 3.68.070); and expressing the sense of the citizens of Berkeley regarding the systematic violation of human rights in Burma committed by the Burmese Government, call for the immediate release of all political prisoners, and supporting respect for basic human rights; and

WHEREAS, the Burmese Government continues to officially deny the existence of political prisoners in Burma 1 , referring to them as common criminals who have breached prevailing law and continues to repress all peaceful attempts by the Burmese people to bring democratic change to the country by denying universally recognized liberties, including freedom of speech, assembly, association, and movement of the press; and

WHEREAS, on January 13, 2012, President Thein Sein ordered the most substantial and significant release of political prisoners in Burma to date, resulting in the release of

300 political prisoners, though regrettably, their release was authorized under Article

401 of the Criminal Procedural Code and effectively allows for their re-arrest without warrant at any time, and those released can be made to serve the remainder of their sentences, extreme terms that often surpass 65 years; and

WHEREAS, more than 851 political prisoners remain behind bars in Burma, prodemocracy and human rights activists who worked for a successful transition to democracy in Burma have been incarcerated and sentenced under draconian totalitarian laws; and

WHEREAS, there has been intensified political and social repression following prison amnesties, with a recent disturbing trend of dissident monks being placed under “village arrest” and having their monasteries sealed off; and

WHEREAS, the Burmese Government is highly resistant to prison transparency and the fate of many political prisoners remain unknown; and

WHEREAS, the plight of ethnic villagers is being neglected in the process of engagement with the Burmese Government, as they continue to be subjected to mass arrests, rape as a weapon of war, forced labor, and being used as human minesweepers, of particular concern is the case of Sayeddul Amin, Ali Zuhar, and

Mohamed Noor, of Arakan State, who were arrested, severely tortured in the village

1 “

Burma: Government must go further with prisoner release”, Amnesty International, Oct. 13, 2011.

http://www.amnesty.org.au/news/comments/26994

administration office, and the Nasaka (local border security force) demanded 700,000

Kyat to release them despite them not committing any crime, in December 2011 2 ; and

WHEREAS, former political prisoners face ongoing harassment after their release, and are subject to considerable barriers to resuming their normal lives; and

WHEREAS, the Asian Legal Resource Center launched an appeal in December 2011 to reinstate the licenses of 32 human rights lawyers in Burma who did nothing more than freely represent their political opinions in accordance with the law, among them Aung

Thein, a lawyer who has represented Aung San Suu Kyi, U Gambira, and Min Ko

Naing 3 ; and

WHEREAS, two former political prisoners, Zaw Lin Htun and Thet Nwe, passed away immediately after their release from prison since the prison amnesty in October 2012, as a direct result of injuries sustained during their time in prison and prolonged denial of basic medical care; and

WHEREAS, the absence of the rule of law reigns supreme in Burma, and the Burmese

Government carries out "summary trials" to expeditiously sentence pro-democracy leaders to try to intimidate and silence other pro-democracy activists in the country, while world attention is primarily focused on the rapid pace of so-called democratic reforms 4 ; and

WHEREAS, the Burmese Government has engaged in mass arrests of dissidents and ethnic minorities while it continues to receive foreign diplomats such as US Secretary of

State Hillary Clinton and UK Foreign Secretary William Hague, and the United Nations

Human Rights Council is slated to meet in Geneva in March 2012 5 ; and

WHEREAS, member states of the European Union are planning to convene in advance of the annual April meetings to discuss lifting of economic sanctions in response to positive changes in Burma, though the deplorable situation for dissidents and political prisoners has not changed; and

WHEREAS, the Burmese Government has repeatedly violated the rights enshrined in the Universal Declaration of Human Rights, and other international and regional human rights agreements, and has violated the mandates issued by the United Nations Human

Rights Council; and

2 “Background Note: Burma,” U.S. Department of State, Aug. 3, 2011. http://www.state.gov/r/pa/ei/bgn/35910.htm

3

A special appeal on behalf of lawyers in Myanmar (Burma) whose licenses have been revoked for defending persons accused in political cases or for political activities, Asian Legal Resource Center, Dec. 23, 2011 . http://www.alrc.net/PDF/ALRC-CPL-001-2011.pdf

4

“ Burma’s Political Prisoners”, BBC New Asia, Jan. 13, 2012. http://www.bbc.co.uk/news/world-asia-pacific-11741612

“Assistance Association for Political Prisoners ( Burma)”.http://www.aappb.org/aboutaapp.html

5

“ Burma: Promises of Change, but Abuses Continue”, Human Rights Watch, Jan. 24, 2012. http://www.hrw.org/news/2012/01/23/burmapromises-change-abuses-continue

WHEREAS, pro-democracy leaders and ordinary citizens in Burma have come together to call for the immediate release of all Burmese political prisoners on a number of occasions, with over 100,000 Burmese signing a petition on September 2011 calling for the release of political prisoners; and

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley urges the Congress of the United States to condemn the brutal crackdown of the government of Burma on the nation's peaceful pro-democracy movement and dissidents and calls for the immediate and unconditional release of all Burmese political prisoners.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley urges the

Congress of the United States to support the right of the Burmese people to exercise fundamental political and civil liberties, including freedom of expression, assembly, association, movement, press, and the right to multiparty elections.


Congress of the United States work with the member countries of the United Nations

Human Rights Council to ensure a resolution that includes the strongest possible condemnation of the continued crackdown of dissidents and of the gross human rights violations committed by the Burmese government, and to press for an independent investigation into possible crimes against humanity.


Congress of the United States to oppose lifting sanctions until all political prisoners are released unconditionally and Burma adheres to international human rights standards, such as those delineated in the Universal Declaration of Human Rights.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley urges member states of the United Nations Human Rights Council, and the international community, to press for an independent and regular monitor to be allowed into all prisons and detention centers in Burma, with a mandate of verifying the number of political prisoners and ensuring that places of imprisonment and detention meet internationally accepted standards, including the UN Standard Minimum Rules for the Treatment of Prisoners 6 .

BE IT FURTHER RESOLVED that the Council of the City of Berkeley urges Congress of the United States, member states of the United Nations Human Rights Council, and the international community, call for legislative reform and the lifting of repressive and draconian laws, such as the Unlawful Associations Act 7 , Emergency Provisions Act, and

Electronic Transactions Act, as these laws allow for long-term detention and imprisonment of peaceful activists, and is a primary obstacle to ensuring that former political prisoners are allowed to fully participate in Burma’s political process without threat of reprisal.

6

UN Standard Minimum Rules for the Treatment of Prisoners. http://www2.ohchr.org/english/law/treatmentprisoners.htm

7

“Unlawful Associations Act.” http://www.blc-burma.org/html/burma%20code/lr_e_bc02_23.html

BE IT FURTHER RESOLVED that the Council of the City of Berkeley asks the

Congress of the United States, member states of the United Nations Human Rights

Council, and the international community, urge the government of Burma to advocate for reforms to law and policy to eradicate torture in Burma, including ratifying the

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment 8 and abolishing policies that allow for arbitrary detention and enforced disappearances.

BE IT FURTHER RESOLVED that copies of this resolution be sent to President Barack

Obama, Secretary of State Hillary Clinton, Senator Dianne Feinstein, Senator Barbara

Boxer, Senator Harry Reid, Senator John McCain, Representative John Boehner,

Representative Barbara Lee, Ambassador Susan Rice, United Nations Secretary

General Ban Ki-Moon, United Nations Special Rapporteur Tomas Ojea Quintana. A record signature of said Resolution to be on file in the office of the City Clerk.

8

“Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” http://www.hrweb.org/legal/cat.html

4b.37


CONSENT CALENDAR

JUNE 12, 2012

To:

From:




Subject: Ask Governor Jerry Brown to Release Human Trafficking Victim Sara

Kruzan with Time Served

RECOMMENDATION

Adopt a Resolution and send a letter asking Governor Jerry Brown to release human trafficking victim Sara Kruzan with time served.


None.



Adopt a Resolution asking Governor Jerry Brown to release human trafficking victim

Sara Kruzan with time served.

M/S/C: (Meola/Bohn)

Ayes : Armendariz, Bohn, Kenin, Lippman, Masri, Meola, Nicely, Rueda, Siegel

Noes

: None.

Abstain : Maran

Absent : Gozal, Mundu (unexcused), Rabkin (unexcused), Sochet (unexcused)



Resolution asking Governor Jerry Brown to release human trafficking victim Sara

Kruzan with time served.


None.




Ask Governor Jerry Brown to Release Human Trafficking

Victim Sara Kruzan with Time Served

Consent Calendar

June 12, 2012

CITY MANAGER



CONTACT PERSON

Rita Maran, Commissioner, Peace & Justice Commission


Attachment:

1. Resolution

2. Proposed Letter to Governor Brown

3. Background Materials and Links

Page 2


ASK GOVERNOR JERRY BROWN TO RELEASE HUMAN TRAFFICKING VICTIM

SARA KRUZAN WITH TIME SERVED

WHEREAS, the Peace and Justice Commission advises the City Council on all matters relating to the City of Berkeley’s role in issues of peace and social justice (Berkeley

Municipal Code (BMC) Chapter 3.68.070); and

WHEREAS, the Peace and Justice Commission and the Berkeley City Council have previously gone on record in opposition to unduly harsh sentences for juveniles, including on February 10, 2009 Council’s approval of a “letter to Michigan Governor

Jennifer Granholm in support of the immediate release of Efren Paredes, Jr., condemning his sentence, juvenile life in prison without parole, as a human rights violation in contravention of various treaties.”; and

WHEREAS, sixteen-year-old human trafficking victim, Sara Kruzan, was sentenced to life in prison without parole for shooting to death her pimp in a desperate attempt to escape her three years of captivity and forced prostitution; and

WHEREAS, now 34 years old, Sara has spent more than half her life in California prisons as a model prisoner, her sentence reduced, by former Gov. Arnold

Schwarzenegger, from life in prison without the possibility of parole, to 25 years to life with the possibility of parole, stating that her sentence was excessive because of her young age at the time of her offense and the significant abuse she endured; and

WHEREAS, Sara’s reduced sentence is still disproportionately severe, because current law, established shortly after her initial conviction, mandates shorter prison terms for those who commit crimes while attempting to leave abusive relationships.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the

Council recommends that Governor Jerry Brown immediately grant clemency to Sara

Kruzan and release her on the basis of her time already served.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley send a copy of this Resolution and a letter to Governor Jerry Brown. A record signature of said

Resolution to be on file in the office of the City Clerk.

Attachment 2

Honorable Governor, Jerry Brown,

We are writing to urge you to grant clemency to Sara Kruzan, and commute her current sentence of 25 years to life in prison, with the possibility of parole, to time served.

Sara’s current sentence is still too extreme and disproportionate to her youth and the circumstances surrounding her crime, and fails to appropriately reward the remarkable personal growth and transformation that she has demonstrated during her 17 years in prison.

Sara was just two months past her 16th birthday when she shot and killed a well-known pimp who sexually abused her since she was 11 and prostituted her since she was 13.

Now 34 years old, Sara has spent more than half her life in prison. She has been a model inmate, and has earned her college education, and received a 2009 Honor Dorm

"Woman of the Year" award from corrections officers.

Prior to her incarceration, Sara grew up in Riverside, California where she excelled in school, making the honor roll and running track. But starting at a young age, Sara was a victim of regular abuse: she was molested by several men, gang-raped by neighbors, physically and emotionally abused by her mother, and then abused and manipulated by her pimp. Two nationally known experts have determined that Sara was suffering from the effects of intimate partner battering when she committed the crime.

Despite being only 16 and having no criminal record, Sara was tried as an adult and sentenced to life without the possibility of parole. At the time of her sentencing, the

California Youth Authority found Sara amenable to treatment. Had the court followed this recommendation, Sara would have been released at age 25.

Even while her youth, abuse, and trauma help to mitigate her offense, Sara expresses remorse for her crime. In a 2007 Human Rights Watch interview, she reflects:

“I definitely know that I deserve punishment. You don’t just take someone’s life and think it’s okay…I am very sorry to take his life like that…If I had a parole hearing, I would want to tell the people that, first of all, I have learned what moral scruples are.

Second, that every day is a challenge, but I realize that…I have a lot of good to offer.

Now the person who I am today, at 29, I believe that I could set a positive example…”

The terrible crimes committed by youth can take and ruin lives. Yet we believe that the sentencing choices in California should reflect the circumstances of the offender as well as the nature of the crime, and leave open the possibility that a person redeem herself.

This is especially true of youth. As the United States Supreme Court re-affirmed earlier this year, youth are different from adults, and thus a life without parole sentence and even a sentence of 25 years to life is “an especially harsh sentence for juveniles.”

Sara Kruzan is not the same person that she was at age 16. Considering her background of trauma and abuse, her young age at the time of the offense, and her

rehabilitation over the last 17 years, we ask that you commute her sentence to time served.

Regards,

Council of the City of Berkeley

[Note: The information used to write this resolution and the text of the letter to the governor is based on the information provided at change.org

( http://www.change.org/petitions/view/ask_gov_schwarzenegger_to_release_human_tr afficking_victim_sara_kruzan_with_time_served ) and the text of its petition to the governor, as well as a video interview available for viewing online at http://www.youtube.com/watch?v=qR7mno6p9iQ&feature=player_embedded .]

The press release issued by the National Center for Youth Law, “Governor Grants

Clemency to Sara Kruzan; Kruzan’s Life Without Possibility of Parole Sentence

Commuted” at http://www.youthlaw.org/press_room/press_releases/2011_press_releases/governor_gr ants_clemency_to_sara_kruzan_kruzans_life_without_possibility_of_parole_sentence_ commuted/ footnote 1: “Viewpoints: Brown Should Release Kruzan From Prison” by Dr. Alan

Bonsteel, The Sacramento Bee, July 1, 2011.

4b.38

Office of the Mayor

CONSENT CALENDAR

June

Members of the City Council To:

From: Mayor Tom Bates

Subject: Delivery Vehicles on Telegraph Ave

RECOMMENDATION:

Refer to the Transportation Commission amendments to BMC Chapter 14.56 that would limit deliveries to businesses on Telegraph Avenue between Dwight Way and Bancroft

Way to delivery vehicles of 30 feet or less, and only between 6 a.m. and 11 a.m.

BACKGROUND:

On April 13–14, 2012, Berkeley Design Advocates (BDA) hosted a Telegraph Avenue

Design charette to address current conditions and the future of Telegraph Avenue on the south side of the UC campus. The charette was well attended by elected officials, local business owners, architects, designers, and members of the public.

One of the outcomes of the charette was a list of recommendations to improve the physical environment and traffic circulation patterns on Telegraph Avenue. One recommendation geared towards reducing traffic congestion on Telegraph was to restrict deliveries to businesses on Telegraph to the hours from 6 a.m. and 11 a.m. only with exceptions for Federal Express, UPS or similar vehicles. Another recommendation was to restrict the size of delivery vehicles to 40 feet or less in an attempt to prevent 18 wheel tractor trailer type vehicles from creating more congestion.

This referral to the Transportation Commission is to have them examine the issues and make recommendations to the City Council with a transportation ordinance amendment or other appropriate tool to help implement these changes.

FINANCIAL IMPLICATIONS:

Unknown.

CONTACT PERSON:


E-Mail: mayor@ci.berkeley.ca.us Website: http://www.ci.berkeley.ca.us/mayor

4b.39

Jesse Arreguin

Council District 4


CONSENT CALENDAR

June 12, 2012

To:

From: Councilmember Jesse Arreguin

Subject: Streamlined Affidavit of Residency Ordinance

RECOMMENDATION:

Adopt the attached ordinance streamlining the Affidavit of Residency process.

BACKGROUND:

At the September 27 th , 2011 City Council meeting, the City Clerk’s office submitted an information item with recommendations for possible changes to the Affidavit of

Residency process so it may operate in a more efficient manner while still accomplishing its intent.

The attached ordinance reflects the recommendation that the City Clerk report non-filers to the appointing members instead of immediate and automatic termination. This proposal will dramatically reduce the amount of paperwork associated with the reappointment of commissioners by allowing appointing members the opportunity to prevent unwanted terminations.


Unknown. Some savings resulting from decreased staff time processing paperwork.

CONTACT PERSON:

Jesse Arreguin, Councilmember, District 4 981-7140

Attachments:

1. Affidavit of Residency Process Information Item, 9/27/2011

2. Affidavit of Residency Referral, 6/28/2011

3. Streamlined Affidavit of Residency Ordinance

2180 Milvia Street, 5 th Floor, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-7144

E-Mail: jarreguin@CityofBerkeley.info

Attachment 3

BMC 2.04.145 Affidavit of residency.

A. Every commissioner, except those exempted from the residency requirement pursuant to Section 2.04.140

, shall execute an Affidavit of Residency, signed under penalty of perjury, prior to their appointment to a city board or commission. The original executed Affidavit of Residency and the appointment form for said commissioner shall be filed with the City Clerk at the same time. No commissioner shall be appointed, nor may he or she serve on a commission if an Affidavit of Residency has not been filed with his or her appointment form.

B. Every commissioner serving on a commission shall file an original Affidavit of

Residency annually no later than April 1 of each year. An annual affidavit need not be filed if the commissioner filed an affidavit pursuant to subsection (A) on or after January

1 but before April 1.

C. If a commissioner fails to file the annual Affidavit of Residency by April 1, the City

Clerk shall notify the appointing member or body of said commissioner. If a commissioner fails to file the annual Affidavit of Residency by May 1,

he or she shall be automatically terminated from the commission.

4b.40

Jesse Arreguín

Councilmember, District 4


CONSENT CALENDAR

JUNE 12, 2012

Subject: Downtown No Smoking Signage: Relinquishment of Council Office Budget

Funds to General Fund and Grant of Such Funds

RECOMMENDATION

Adopt a Resolution approving the expenditure of an amount not to exceed $250 per

Councilmember for No Smoking Signs in the Downtown with funds relinquished to the

City’s general fund for this purpose from the discretionary Council Office Budgets of

Councilmember Arreguín and any other Councilmembers who would like to contribute.


No General Fund impact; $250 is available from Councilmember Arreguín’s Council

Office Budget discretionary account.

BACKGROUND

In December 2011, City Council directed the City Manager to direct Public Works Staff to work with the Berkeley City College Tobacco-less Club to develop No Smoking Signs to be placed in various locations Downtown.

After months of collaboration, signage has been designed and submitted for a price quote. The quoted total of the signs is $1300, not including staff time for installation.

CONTACT PERSON

Jesse Arreguin, Councilmember, District 4 981-7140

Attachments:

1. Resolution

2. “No Smoking Signs in the Downtown” Item, December 6, 2011


E-Mail: jarreguin@cityofberkeley.info

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

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE

EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT

TO PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE

WHEREAS, Councilmember Jesse Arreguín has surplus funds in his office expenditure account (budget code 010-0242-410); and

WHEREAS, Public Works Staff have worked with the Berkeley City College Tobaccoless Club to create No Smoking Signage for the Downtown and seek funds to fabricate and install such signs; and

WHEREAS, the provision of such funds would fulfill the following municipal public purpose: to create and install No Smoking Signs throughout the Downtown to create awareness of the public health hazards of second hand smoke and the fact that the

Downtown is a Smoke-Free Zone.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $250 per office shall be granted to the General Fund for the fabrication and installation of No Smoking Signs by Public Works.

Attachment 2

Jesse Arreguín

Councilmember, District 4

CONSENT CALENDAR

December 6, 2011

To:

From:

Subject:


Councilmembers Jesse Arreguín and Laurie Capitelli

No Smoking Signs in the Downtown

RECOMMENDATION:

Direct the City Manager to work with the Public Works Department and the Berkeley

City College Tobacco-less Club to create “No Smoking” signs and develop a plan to install signs at key locations throughout the Downtown area.

BACKGROUND:

Berkeley Municipal Code 12.70.030 prohibits smoking in all public places, including, but not limited to all commercial area sidewalks, effectively making the Downtown Area a smoke-free zone. Despite downtown businesses voluntarily posting No Smoking signs, however, many violations occur on the sidewalk on a daily basis.

Councilmember Capitelli and I recently attended a Berkeley City College Tobacco-less

Club meeting to discuss how the City can help decrease smoking in the Downtown. It was noted that the No Smoking signage posted by businesses is very helpful in cutting smoking down. However, many of those who still violate the ban expressed unawareness of law since the private signs are largely not interpreted as an official, public pronouncement that carry possible penalties.

A quick survey of the Downtown reveals that there is official No Smoking signage, however, only in the form of relatively small stickers on lamp posts –many of them fading, torn or otherwise vandalized. There is no prominent signage for No Smoking in the Downtown similar to other general information signs.

The BCC Tobacco-less Club would like to partner with the City to design public No

Smoking signs to be posted throughout the Downtown and has indicated that they would like to see a sign that is

both effective and prominent to the extent permissible by sign regulations. A photo of a No Smoking sign is attached to provide an example of what the BCC Tobacco-less Club considers to be effective and creative signage.




Unknown

CONTACT PERSONS:

Jesse Arreguín, Councilmember, District 4

Jeff Nicol, BCC Tobacco-less Club

981-7140 jffnicol@gmail.com

ATTACHMENTS:

1. Example of No Smoking sign, as posted at Berkeley City College



4b.47

Public Works Commission

INFORMATION CALENDAR

June 12, 2012

To:

From:


Public Works Commission

Submitted by: Keith Alward, Chair, Public Works Commission

Subject: Permeable Pavers Trial Project

INTRODUCTION

At its November 14, 2011 meeting, the City Council requested that staff and the Public

Works Commission (PWC) return to the Council with possible candidate sites for a trial project involving full-width installation of permeable concrete pavers in a City street.

This report provides an update on action taken in response to this Council request.


As recommended by the PWC, Council adopted an update to the Street Repair Policy in

December 2009 (Resolution No. 64,733). The changes included: 1) encouraging the experimentation and application of new technologies and materials for sustainable street management; and 2) reaffirming allocation of 15% of the annual budget for

“discretionary” projects, and assigning top priority for trial applications of innovative technology, such as permeable paving.

For a permeable paver experimental site, staff has selected certain street locations from the 5-Year Paving Plan as possible candidates. The PWC concurs with the candidates identified by staff, which are:

1. Warring Street, from Dwight Way to Derby Street

2. Brookside Drive, from Claremont Avenue to Claremont Avenue

3. Stanton Street, from Russell Street to Ashby Avenue

4. Vine Street, from McGee Avenue to Edith Street

During summer 2012, these sites will be the subject of a Request for Proposals (RFP) issued by staff for a design/build contract which would provide technical expertise to execute Berkeley’s first installation of permeable pavers, and possibly one of the nation’s first installations if in a location with at least moderate traffic volumes, as preferred by the PWC.

At its meeting on May 3, 2012, the PWC discussed the above sites and felt that perhaps other sites should also be considered in order to find the best location. The above sites were selected by staff because: 1) they are presently scheduled for reconstruction in the

5-Year plan, and 2) are in the last 2 years of the Plan (because the streets in the earlier years are already being planned and engineered). Staff will proceed to review the

5-Year Plan for other candidates that may be better suited for a trial.


E-Mail: manager@cityofberkeley.info

Website: http://www.cityofberkeley.info/manager

Permeable Pavers Trial Project INFORMATION CALENDAR

June 12, 2012

The trial project will have particular challenges because, as opposed to the most common applications in parking lots, driveways and alleys, street installations involve the presence of subsurface utilities that may restrict the depth and design of the subsurface filtration system for the permeable pavers and will require access for ongoing maintenance in the future. Another challenge for Berkeley’s trial project is the adverse soil conditions (non-porous) throughout Berkeley and the Bay Area. Because of the lack of technical expertise in these regards, staff recommends a design/build approach to solicit leading industry expertise with these innovative materials under these conditions.

BACKGROUND

On December 2009, the City Council expanded the application of the traditional 5-Year

Paving Program to include experimental applications of alternative materials such as permeable pavers.

In the era of extreme climate change, it is essential to change many approaches to environmental protection. One important technique to improving water quality and reducing pollutants and environmental risks is the promise of the many benefits of pervious and permeable paving materials. Other alternative permeable paving systems are being evaluated, but permeable pavers should be the first choice to move forward with timely implementation of a trial project.

POSSIBLE FUTURE ACTION

If the evaluation phase is successful, the design and construction of a trial project would be implemented at the site that is finally selected. Council will be requested to approve this contract.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION

In 2013, up to $420,000 will be budgeted for a permeable paver trial. If the proposed final trial project is estimated to be higher, additional funds would be sought at that time, unless other outside fund sources, such as grants, have been identified in the meantime. The construction phase of the contract would not be authorized until all funds have been secured.

CONTACT PERSON

Keith Alward, Chair, Public Works Commission

Jeffrey Egeberg, Secretary, Public Works Commission, 981-6400

Page 2

4c






5:00 P.M.



Roll Call


Worksession:

1. Revisions to Policies Regarding BPD Mutual Aid Memoranda of Understanding



Adjournment


IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 14th day of June, 2012.

Tom Bates, Mayor


ATTEST:

Date: 6/14/12







Councilmembers:


















2180 Milvia Street

Tel: 510-981-6900

TDD: 510-981-6903

Fax: 510-981-6901


Libraries:









4d






7:00 P.M.



Roll Call


Action Calendar:

1. a. Berkeley Police Department's (BPD) Mutual Aid Agreements,

Understandings and Policies (Mutual Aid Pacts) for 2012 (Continued from May

22, 2012)

From: Police Review Commission

Recommendation: Approve the BPD's 2012 Mutual Aid Pacts, including modifications to the following: 1) Northern California Regional Intelligence Center

(NCRIC); and 2) Urban Area Security Initiative (UASI) Agreements; and 3) General

Orders J-1 - Jail Policy; and 4) C-1 - Criminal Intelligence; 5) M-2 - Mutual Aid

Policy; and 6) UCPD Agreement.


Contact: Lillian Mayers, Commission Secretary, 981-4950 b. Revisions to Policies Regarding BPD Mutual Aid Memoranda of

Understanding (Continued from May 22, 2012)


Recommendation:

1. Direct the City Manager to prepare policies for the Berkeley Police Department to implement the following Mutual Aid Memoranda of Understanding (MOU) as set forth in this report, and return with the complete package of 2012 Mutual Aid MOU’s for approval in September 2012: a. Northern California Regional Intelligence Center (NCRIC) b. Department of Homeland Security, Urban Area Security Initiative (UASI) c. University of California Berkeley Police Department.

2. Adopt a Resolution amending Resolution No. 63,711 stating that the City of

Berkeley will not comply with ICE civil immigration detainers, except as to dangerous persons who will be held for no more than 48 hours (excluding Saturdays, Sundays and court holidays) pursuant to an ICE detainer.

3. Direct the City Manager to modify the following Berkeley Police Department

General Orders as described in this report: Jail Operations and Mutual Aid Policy.

Financial Implications: Staff time


Adjournment


IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 14th day of June, 2012.

Tom Bates, Mayor


ATTEST:

Date: 6/14/12



D

ISTRICT

2 – D

ARRYL

M

OORE




Councilmembers:


D

ISTRICT

6 – S

USAN

W

ENGRAF

















2180 Milvia Street

Tel: 510-981-6900

TDD: 510-981-6903

Fax: 510-981-6901


Libraries:










4d.01a

Police Review Commission

To:

ACTION CALENDAR

June 19, 2012

(Continued from May 22, 2012)


From: Police Review Commission

Submitted by: George Perezvelez, Chair, Police Review Commission

Subject: Berkeley Police Department’s (BPD) Mutual Aid Agreements,

Understandings and Policies (Mutual Aid Pacts) for 2012

RECOMMENDATION

Approve the BPD’s 2012 Mutual Aid Pacts, including modifications to the following:

1. Northern California Regional Intelligence Center (NCRIC); and

2. Urban Area Security Initiative (UASI) Agreements; and

3. General Orders J-1 – Jail Policy; and

4. C-1 – Criminal Intelligence; and

5. M-2 – Mutual Aid Policy; and

6. UCPD Agreement.


Generating additional reports and providing additional information, as requested in the

NCRIC, UASI and General Order M-2 recommendations, will likely result in increased personnel costs, but the actual fiscal impacts are unknown.


At its February 14, 2012 meeting, the City Council referred supplemental recommendations on five Mutual Aid Agreements/General Orders, submitted by

Councilmember Jesse Arreguin, to the City Manager and the PRC for consideration in the 2012 Mutual Aid Agreement review process. The PRC recommended modifications to those five agreements/general orders, which are listed below, as well as to General

Order M-2. The PRC’s recommended modifications are attached.

1. Northern California Regional Intelligence Center (NCRIC) (Attachment 1)

2. Department of Homeland Security, Urban Area Security Initiative (UASI)

Program (Attachment 2)

3. University of California Berkeley Police Department (Attachment 6)

4. Jail Operations and Services to Outside Agencies (J-1) (Attachment 3)

5. Criminal Intelligence (C-1) (Attachment 4)

6. Mutual Aid Policy (M-2) (Attachment 5)




Berkeley Police Department’s (BPD) Mutual Aid Agreements,


ACTION CALENDAR

June 19, 2012

BACKGROUND

The Mutual Aid Pacts Subcommittee met on December 14, 2011; and on January 18,

February 15 and 29, March 13, 21 and 28, and April 5 and 11, 2012. The subcommittee submitted its recommendations to the full Commission on April 11, 2012. The

Commission voted as follows:

1. Motion to approve subcommittee’s recommendation on agreement with NCRIC

M/S/C (Adams/Sherman) Motion carried.

Ayes: Adams, Amaral, Perezvelez, Shenoy, Sherman and White.

Noes: Allen, Smith

Abstain: None

Absent: Glasper

2. Motion to approve the subcommittee’s recommendation on the agreement with

UASI.

Ayes: Adams, Allen, Amaral, Perezvelez, Shenoy, Sherman, Smith and White.

Noes: None

Abstain: None

Absent: Glasper

3. Motion to approve the subcommittee’s recommendation on General Order J-1.

M/S/C (Amaral/Shenoy) Motion carried.


Noes: None

Abstain: None

Absent: Glasper

4. Motion to approve the subcommittee’s recommendation on General Order C-1.

M/S/C (Adams/White) Motion carried.

Ayes: Adams, Amaral, Perezvelez, Shenoy, Sherman and White.

Noes: None

Abstain: Allen, Smith

Absent: Glasper

5. Motion to approve the subcommittee’s recommendation on General Order M-2.

(White/Sherman) Motion carried.


Noes: None

Abstain: None

Absent: Glasper

Page 2

Berkeley Police Department’s (BPD) Mutual Aid Agreements,


ACTION CALENDAR

June 19, 2012

6. Motion to approve the subcommittee’s recommendation on agreement with

UCPD.

M/S/C (Allen/Amaral) Motion carried.


Noes: None

Abstain: None

Absent: Glasper

RATIONALE FOR RECOMMENDATIONS

Concerns were expressed by members of the community about intelligence gathering, the protection of civil liberties, compliance with ICE detainers in every circumstance, and the provision and receipt of mutual aid to and from law enforcement agencies that do not subscribe to the same standards and policies as does the BPD. These recommendations attempt to safeguard civil liberties without endangering public safety


None.

CITY MANAGER

See companion report.

CONTACT PERSON

Lillian Mayers, Interim PRC Officer, 981-4950

Attachments

1. Northern California Regional Intelligence Center (NCRIC)

2. Urban Area Security Initiative (UASI)

3. General Order J-1 – Jail Policy

4. General Order C-1 – Criminal Intelligence

5. General Order M-2 – Mutual Aid Policy

6. UCPD Agreement

Page 3

Attachment 1

Northern California Regional Intelligence Center (NCRIC)

Approve the General Understanding agreement with the NCRIC under the following conditions: a. Limit the submission of Suspicious Activity Reports (SARs) to only those individuals/groups that have been charged with a crime, exempting individuals/groups who have committed only a non-violent civil disobedience offense. In addition permit the submission of Suspicious Activity reports in cases where the Police Department has become aware of criminal acts that have not been linked to a specific individual or group. b. The approval and submission of any and all SARs must be from the Chief of

Police or a Captain. The highest level of safeguarding and thorough accountability must be observed at all times. c. A departmental log will be created into which only general and non-specific information will be recorded from any and all SARs for record keeping and reporting purposes. d. A semi-annual report shall be generated for information, review and assessment of the Council, the PRC and the City Manager. e. NCRIC-BPD agreement - if verbal, reduce to writing. f. Additionally, PRC requests that the BPD provide their operating definition of what “suspicious activity” is and provide information on the kinds of cases when a Suspicious Activity Report might be submitted, as well as information on the number of SARs submitted by the BPD and the reasons for why the SARs were submitted.

Page 4

Attachment 2

Urban Area Security Initiative (UASI)

Approve the agreement with the Urban area Security Initiative (UASI), with the following direction to the City Manager and Chief of the Police:

Concerns have been raised about the type of tactics used in Urban Shield exercises and whether they should be applied to incidents involving civil disobedience and civil unrest.

While the BPD has specific policies about crowd control and use of force, the Department should continue to not employ tactics, including those taught by Urban Shield exercises that are contrary to BPD policies. a. Provide for a disclosure and oversight process involving Police Review

Commission review of all training, such as Urban Shield, including the focus of the training and who will be conducting the training, excluding specific tactics. b. Provide visibility into UASI. Request that the BPD provide to the PRC: c. BPD-UASI agreement (if verbal, reduce to writing). d. Comprehensive information about the function of UASI. Clarify the relationship between NCRIC and UASI, and whether UASI makes use of SARs. Explain the various functions of UASI, including funding and training, as well as preparedness and response coordination for disaster and civil unrest in the Bay

Area (i.e., operational functions). e. Suggestions on safeguards to ensure protections of civil liberties in any UASIrelated regional activities in which the BPD participates.

Page 5

Attachment 3

General Order J-1 – Jail Policy

Request that the City Manager and Chief of Police amend General Order J-1 (Jail

Operations), to prohibit the BPD from complying with civil immigrations detainers to hold inmates beyond their time of release, allowing ICE to take custody of the inmate.

Warrants or other detainers would still be honored.

Suggested language to amend General Order J-1 is below:

139 – Jail staff should not knowingly release a prisoner with an active detainer (i.e., warrant), unless it is a civil immigration detainer and the prisoner has not been charged with a serious or violent felony offense and was not convicted of a serious or violent felony offense within the last 5 years.

Nothing in this subsection shall compromise the transfer of prisoners to County facilities in accordance with state and federal law.

Page 6

Attachment 4

General Order C-1 – Criminal Intelligence

Request that the City Manager and Chief of Police amend General Order C-1 (Criminal

Intelligence), to exempt only individuals or groups engaged in or who are suspected to be engaged in non-violent civil disobedience offenses and no other criminal acts or threats to public safety, from being subject intelligence gathering (except video-recording and open sources) as outlined in the policy.

Page 7

Attachment 5

General Order M-2 – Mutual Aid Policy

The PRC acknowledges and appreciates that its own Police department has a team of officers who are utilized for civil unrest situations who are well trained, well supervised, and who demonstrate professionalism and good judgment under pressure and encourages the BPD to continue to exercise its best practices and gives the following direction with regards to evaluating and responding to mutual aid requests involving civil disobedience and First Amendment activity:

Continue to follow the State-wide Law Enforcement Mutual Aid Plan as the guidelines for

Berkeley’s overall approach to mutual aid, however in addition the PRC requests that the

City Manager and Chief of Police amend General Order M-2 (Mutual Aid) to adopt a new local mutual aid policy as follows:

A. The department should continue to take an “event management” approach to civil disobedience offenses and in situations where solely First Amendment activity occurs or the only crimes being committed are civil disobedience offenses, which in the judgment of the Berkeley Police Department does not or will not pose a threat to public safety, the Berkeley Police Department should seriously evaluate whether to respond to a mutual aid request or request mutual aid and the type of BPD involvement. If individuals are engaged in other criminal behavior that does pose a threat to public safety (such as property damage, utilizing weapons and/or engaging in conduct that is physically harmful to others) the Berkeley Police

Department should either request mutual aid or respond to a request for mutual aid to protect public safety.

B. Require a report be presented to the PRC and City Council each time the BPD either requests mutual aid, or has responded to or declined mutual aid requests that involve civil disobedience offenses and First Amendment activity. The report should outline the purpose of the mutual aid request and describe the extent of the city’s involvement and, if possible, estimate the fiscal and operational impacts of the mutual aid response.

Page 8

Attachment 6

UCPD Agreement

We recommend that the Chief of Police make every effort to get the UCBPD Chief to agree that, to the extent practicable, UCBPD will follow our practice for the towing of vehicles (based on Berkeley Police Department Training and Information

Bulletin # 235,

Vehicle Tows for Driver’s License Violations)

while operating within the City’s jurisdiction.

Page 9

05a

Upcoming Workshops

Scheduled Dates

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September 11

Berkeley Police Department Community Engagement

Initiatives Report

Berkeley’s Employment and Business Trends, Recent

Economic Development Program Initiatives and Project

Highlights

Worksession

Worksession

Revisions to Policies Regarding BPD Mutual Aid

Memoranda of Understanding

1. Workers’ Compensation

2. 48/96 Schedule Report

Worksession

Worksession

20 th

Anniversary of Development Agreement with Bayer Worksession

06

Agenda Packet (PDF1.96 MB)

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4b.33

the

Council hereby proclaims June 26, 2012 as United Nations International Day in

Support of Victims of Torture.

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Agenda Packet (PDF1.96 MB)

4a

4b

4b.33

the

Council hereby proclaims June 26, 2012 as United Nations International Day in

Support of Victims of Torture.

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4b.35

4b.36

4b.37

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