Berkeley City Council Agenda Committee Special Meeting

BERKELEY CITY COUNCIL AGENDA COMMITTEE SPECIAL MEETING

BERKELEY CITY COUNCIL SPECIAL MEETING MONDAY, FEBRUARY 7, 2011 2:30 P.M.

6th 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: January 31, 2011

4. Review and Action of draft agenda for February 15, 2011 a. 2/15/11 – 5:30 p.m. Special City Council Meeting b. 2/15/11 – 7:00 p.m. Regular City Council Meeting

5. Upcoming Council Items: a. Proposed Upcoming Council Workshops 6. Land Use Calendar – accept and file 7. Adjournment – next meeting Monday, February 28, 2011

Monday, February 7, 2011 AGENDA Page 1 Additional items may be added to the draft agenda per Council Rules of Procedure. Rules of Procedure Resolution No. 64,235-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 Deanna Despain, CMC, 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 February 3, 2011.

Deanna Despain, CMC, City Clerk

Monday, February 7, 2011 AGENDA Page 2 BERKELEY CITY COUNCIL AGENDA COMMITTEE SPECIAL MEETING MINUTES

BERKELEY CITY COUNCIL SPECIAL MEETING MONDAY, JANUARY 31, 2011 2:30 P.M.

6th 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. All present.

2. Public Comment : 0 speakers.

3. M/S/C (Wozniak/Maio) to approve the minutes of January 18, 2011.

4. Review and Action of draft agenda for February 8, 2011 a. M/S/C (Wozniak/Maio) to approve the agenda of the 2/08/11 – 7:00 p.m. Regular City Council Meeting as revised to reflect the following: . Item 5: Contract Amendments: Police Department Towing Services – Contract amount revised to $35,000. . Item 10: Support of Assembly Bill 153, Authored by Assemblymember Nancy Skinner – Revised report submitted. . Item 11: Support of Assembly Bill 37, Authored by Assemblymember Jared Huffman – Revised report submitted and moved to Action Calendar. . Item 12 :Persian Center for the Persian New Year Festival - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds – Revised report submitted. . Item 14 Affordable Housing Impact Fee: Moved to February 15, 2011. . Addition: Excuse Councilmember Anderson from Attendance at Council Meetings due to Illness

5. Upcoming Council Items: a. Review of upcoming Council agendas and Possible Scheduling of additional Council meeting in February – Special meeting scheduled on February 22, 2011. b. Proposed Upcoming Council Workshops 6. Land Use Calendar – accepted and filed. 7. Adjournment – 2:46 p.m.

Deanna Despain, CMC, City Clerk

Monday, January 31, 2011 MINUTES Page 1

DRAFT PROCLAMATION CALLING A SPECIAL MEETING OF THE BERKELEY CITY COUNCIL In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows: TUESDAY, FEBRUARY 15, 2011 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. FY 2011 Mid-Year Update - FY 2012-13 Budget Forecast From: City Manager Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

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 9th day of February, 2011.

Tom Bates, Mayor Public Notice – this Proclamation serves as the official agenda for this meeting. ATTEST:

Date: 02/09/11 Deanna Despain, CMC, City Clerk

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 e- mail 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 [email protected] 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 Libraries: 2180 Milvia Street Main - 2090 Kittredge Street Tel: 510-981-6900 Claremont Branch – 2940 Benvenue TDD: 510-981-6903 West Branch – 1125 University Fax: 510-981-6901 North Branch – 1170 The Alameda Email: [email protected] South Branch – 1901 Russell 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.

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.

Tuesday, February 15, 2011 DRAFT AGENDA Page 2 DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING TUESDAY, FEBRUARY 15, 2011 7:00 P.M. COUNCIL CHAMBERS - 2134 MARTIN LUTHER KING JR. WAY

TOM BATES, MAYOR Councilmembers: DISTRICT 1 – LINDA MAIO DISTRICT 5 – LAURIE CAPITELLI DISTRICT 2 – DARRYL MOORE DISTRICT 6 – SUSAN WENGRAF DISTRICT 3 – MAX ANDERSON DISTRICT 7 – KRISS WORTHINGTON DISTRICT 4 – JESSE ARREGUIN DISTRICT 8 – GORDON WOZNIAK 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 Deanna Despain, 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.

Preliminary Matters

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.

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 2nd reading Ordinances and add them here.

2. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days From: City Manager Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager's threshold will be returned to Council for final approval. Financial Implications: Refuse Collection Disposal - $90,000 Contact: Robert Hicks, Finance, 981-7300

3. Grant: Nutrition Education Program From: City Manager Recommendation: Adopt a Resolution: 1. Authorizing the City Manager to accept grant funds from the California Department of Public Health in the total amount of $446,285 for three years, 10/1/2010 through 9/30/2013, to provide nutrition education and related services; and 2. Authorizing the City Manager to execute the resultant revenue agreements, contracts and any amendments and extensions; and 3. Authorizing the implementation of the project and appropriation of funding for related expenses. Financial Implications: See report Contact: Beth Meyerson, Health Services, 981-5100

Tuesday, February 15, 2011. DRAFT AGENDA Page 2 Consent Calendar

4. Contract No. 7489 Amendment: Software AG for WebMethods Enterprise Service Bus ("Middleware") From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7489 with Software AG. for licensing and maintenance of the WebMethods Enterprise Server Bus ("Middleware"), increasing the amount by $70,000 for a total contract amount not to exceed $255,000, for the term December 21, 2007 to June 30, 2013. Financial Implications: See report Contact: Donna LaSala, Information Technology, 981-6500 5. Grant Application: First 5 Alameda County Neighborhood Partnership Grant - Round 2 From: City Manager Recommendation: Adopt a Resolution: 1. Authorizing the City Manager to submit a second grant application to the First 5 Alameda County Neighborhood Partnership Grant Program to continue operating Kindergarten Readiness programs in the amount of $150,000 over 24 months; and 2. Authorizing the City Manager to accept the grant; and 3. Authorizing the City Manager to execute any resultant revenue agreements and amendments; and 4. Authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant. Financial Implications: See report Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700 6. Early Bird Parking Fee Schedule for City-Owned Garages (continued from January 18, 2011) From: City Manager Recommendation: Adopt a Resolution to: 1. Establish policies and fee schedules to include Early Bird rates for the Center Street Garage and Telegraph/Channing Garage; and 2. Rescind Resolution No. 64,713-N.S. Financial Implications: See report Contact: Andrew Clough, Public Works, 981-6300

7. Purchase Order: Maryland Industrial Trucks, Inc. for One Vactor 2110 Combination Sewer Cleaner Truck From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for Maryland Industrial Trucks, Inc. in an amount not to exceed $379,608 for one Vactor 2110 combination sewer cleaner truck. Financial Implications: Equipment Replacement Fund - $379,608 Contact: Andrew Clough, Public Works, 981-6300

Tuesday, February 15, 2011 DRAFT AGENDA Page 3 Consent Calendar

8. Human Welfare and Community Action Commission Representatives of the Poor From: Human Welfare and Community Action Commission Recommendation: Adopt a Resolution confirming the selection of Justina Cross (District 3) as a representative of the poor, having been selected at the January 19, 2011 Human Welfare and Community Action Commission (HWCAC) meeting and serving until the next election in November 2012. Financial Implications: See report Contact: Leah Talley, Commission Secretary, 981-5400 9. Obtain Humane Treatment and Conditions of Pre-Trial Confinement and Human Rights for Pfc. Bradley Manning From: Peace and Justice Commission Recommendation: Adopt a Resolution to obtain Humane Treatment and conditions of pre-trial confinement and human rights for Pfc. Bradley Manning. Financial Implications: None Contact: Eric Brenman, Commission Secretary, 981-5100 Council Consent Items 10. Proposed Changes to Council Rules of Procedure Section III Part C and Section IV Part A From: Mayor Bates Recommendation: Adopt the following amendments to the rules of the Agenda Committee 1. Two Amendments to Council Rules Section III. Part C - Procedures for Bringing Matters Before City Council Amend Section III, Part C, 1a) Items Authored by a Councilmember or the Auditor Amend second paragraph to: The author of a “referred” item must inform the City Clerk within 24 hours of the adjournment of the Agenda Committee whether they prefer to: 1) hold the item for a future meeting pending modifications as suggested by the Committee; 2) pull the item completely; or 3) re-submit the item with revisions as requested by the Agenda Committee for the following Council agenda.

Amend Section III. Part C, 1c) Items Authored by Boards and Commissions Remove the clause “While these items are not subject to review by the Agenda Committee” and replace with “The Agenda Committee will assess whether the report meets the requirements as described in the Commission Handbook Section D Commission Reports to Council. If the report is deemed complete, the Agenda Committee will place the item on the Council Agenda. If the report is deemed incomplete, the Agenda Committee will send the item back to the Commission for further development.” 2. Amend the Council Rules on Section IV. Part A

Amend Section IV. Part A1 Public Comment on Consent and Information Items Add to the 3rd paragraph “The Presiding Officer has the authority to reschedule the removed “Consent” item to either the beginning or the end of the Action Calendar.” Financial Implications: None Contact: Tom Bates, Mayor, 981-7100 Tuesday, February 15, 2011 DRAFT AGENDA Page 4 Council Consent Items 11. Request that Pacific Gas and Electric Offer Hard-Wire Option From: Councilmember Maio Recommendation: Request that PG&E offer a hard-wire option to all who have received the Smart Meter and furthermore, that the City make a formal request to PG&E for a hard-wire meter, for those opting out of the Smart Meter program. Financial Implications: None Contact: Linda Maio, Councilmember, District 1, 981-7110

12. Support of HR 22, Authored by Congresswoman Jackie Speier From: Councilmembers Arreguin and Worthington Recommendation: 1. Adopt a Resolution in support of HR 22, "Pipeline Safety and Community Empowerment Act of 2011''; 2. Request PG&E to identify the size, condition, age, location and last inspection dates of all natural gas pipelines in Berkeley that cross the Hayward Earthquake Fault; 3. Request that PG&E install shut-off valves on pipelines crossing the fault. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, 981-6940

13. Official City Sponsorship of Berkeley Animal Shelter Fundraiser From: Councilmember Wengraf Recommendation: Approve City of Berkeley sponsorship of a fundraising event to benefit the Berkeley Animal Shelter to be held at the Berkeley Arts Center March 12, 2011. Financial Implications: None Contact: Susan Wengraf, Councilmember, District 6, 981-7160

14. Temporary Operation Extension for the Warm Water Pool From: Councilmembers Worthington and Arreguin Recommendation: A high priority budget referral to the City Manager to provide funding to extend operation until actual construction absolutely requires operation to cease and to post a notice at the pool that operation will continue after June. Financial Implications: See report Contact: Kriss Worthington, Councilmember, District 7, 981-7170

15. The PEOPLE'S (Preventing Early Obituaries by Proposing Logical Economic Solutions) Budget Alternative From: Councilmember Worthington Recommendation: Adopt the following recommendations responding to the proposed state budget cuts. The following are possible alternatives to the proposed budget cuts toward Medi-Cal, CalWORKs, University of California and California State University, Developmental Services, and In-Home Support Services. Suggested Alternatives:

Tuesday, February 15, 2011 DRAFT AGENDA Page 5 Council Consent Items 1. Cuts to the California Corrections Department a. Cut $2 billion from the prison budget. The California State Senate had previously voted to cut $900 million; b. Early release of elderly inmates and inmates incarcerated due to possession of marijuana. Since marijuana is an infraction, it is reasonable to release anyone currently incarcerated from marijuana possession and are non-violent. c. Eliminate marijuana use as a condition to release for probation or parole. 2. Reform state long-term care to decrease nursing facilities. 3. Reduce the contracting out of consulting and engineering contracts which could easily save $500 million. 4. Cuts to Medi-Cal a. Modify the state’s existing Medicaid Home and Community-Based Services waiver so more people can avoid expensive and unnecessary institutional placement. b. Draw down new federal Medicaid funds for some AB 1632 mental health services for special education students. 5. Cuts to CalWORKs a. Minimize cuts to CalWORKs 6. Cuts to University of California and California State University Systems: a. In light of tuition hikes, for both the UC and CSU systems, reduce the proposed cuts. 7. Cuts to Developmental Services a. Implement the closure plan for Lanterman Development Center, and develop a plan for closing two other Developmental Center, resulting in lower cost for higher quality services b. Consolidate state licensing/quality assurance functions for developmental disabilities system in DDS. 8. Cuts to In-Home Support Services: a. Eliminate the IHSS consumer fingerprinting and timesheet requirements, estimated by the Department of Social Services to require spending $41 million dollars over several years to photograph and fingerprint IHSS consumers. Financial Implications: See report Contact: Kriss Worthington, Councilmember, District 7, 981-7170

16. Raising the Tibetan Flag in Solidarity with the Tibetan People for 52 Years in Exile From: Councilmember Worthington Recommendation: Allow the Tibetan flag to be raised on the City flag pole on Wednesday, March 10, 2011 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170

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.

Tuesday, February 15, 2011 DRAFT AGENDA Page 6 Action Calendar 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. Action Calendar – Appeals

Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal. Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment. Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment. 17. ZAB Appeal: 1423 Kains Avenue From: City Manager Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to deny MODUP No. 10-70000010 and Variance No. 10- 10000071, which would modify Use Permit No. 07-10000045 by reducing the amount of approved off-street parking from four spaces to two, where four spaces are required. Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400 Action Calendar – Old Business

18. Affordable Housing Impact Fee (Continued from January 25, 2011) a. From: City Manager Recommendation: Direct the City Manager to prepare an ordinance adopting an affordable housing impact fee of $20,000 per unit for new multifamily rental housing, and directing proceeds to the City's Housing Trust Fund. Direct the City Manager to draft changes to the inclusionary housing ordinance, specifically, removing components addressing rental housing in order to make Berkeley's requirements consistent with the Palmer/Sixth Street Properties vs. City of Los Angeles court decision. Financial Implications: See report Contact: Jane Micallef, Housing, 981-5400 b. From: Housing Advisory Commission Recommendation: Adopt an Affordable Housing Impact Fee set at $28,000 per unit for new multifamily rental housing, and allow developers the option of setting aside 20% of the base units in a project to be available at below market rate rents, at the levels set under the City’s prior inclusionary housing requirement. The HAC also recommends that City Council review the provisions of any impact fee when the City of Berkeley Housing Element is updated to ensure that they are economically feasible and are designed to serve the community’s highest priorities for the provision of affordable housing. Financial Implications: See report Contact: Kristen Lee, Commission Secretary, 981-5400 Tuesday, February 15, 2011 DRAFT AGENDA Page 7 Action Calendar – Old Business

19. Proposed Open Government Ordinance, Adding BMC Chapter 2.06 (Continued from January 25, 2011) From: City Manager Recommendation: Adopt first reading of an Open Government Ordinance, adding Chapter 2.06 to the Berkeley Municipal Code. Financial Implications: See report Contact: Christine Daniel, Deputy City Manager, 981-7000 20. Sex Reassignment Surgery Policy and Fund (Continued from January 18, 2011) From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to implement a Sex Reassignment Surgery Policy and establishing a fund in the amount of $20,000 each fiscal year to reimburse eligible employees for a portion of the costs associated with Sex Reassignment Surgery (SRS). Financial Implications: Employee Benefit Trust Fund - $20,000 Contact: David Hodgkins, Human Resources, 981-6800 Action Calendar – New Business

21. FY 2011 Mid-Year Budget Revisions Responding to Revenue Shortfall of $1.8 Million From: City Manager Recommendation: Financial Implications: Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

22. Zoning Changes to Encourage Economic Development From: City Manager Recommendation: Consider the proposed grouping and processing of proposed zoning amendments to improve the business climate in Berkeley, bringing Group 1 changes to the Council by June 2011 and Group 2 changes by October 2011. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400

23. Consolidation of City Commissions for Workflow Efficiency and Staff Cost Reduction From: City Manager Recommendation: Direct the City Manager to bring back necessary legislation to consolidate City commissions and adjust the meeting frequency for certain commissions in order to reduce staff costs and increase workflow efficiencies. Financial Implications: See report Contact: Christine Daniel, Deputy City Manager, 981-7000

24. The Safe Resettlement of Cleared Guantánamo Detainees a. From: Peace and Justice Commission Recommendation: Adopt a Resolution to assist in the safe resettlement of cleared Guantánamo detainees. Financial Implications: None Contact: Eric Brenman, Commission Secretary, 981-5100

Tuesday, February 15, 2011 DRAFT AGENDA Page 8 Action Calendar – New Business

b. From: City Manager Recommendation: Take no action at this time on the Commission's recommendation relating to the "safe resettlement of cleared Guantánamo detainees." Financial Implications: None Contact: Christine Daniel, Deputy City Manager, 981-7000

Information Reports

25. Audit: Mental Health Adult Clinic Surprise Cash Count: Client Funds Could Be Lost, Stolen or Misused From: City Manager Contact: Beth Meyerson, Health Services, 981-5100

26. Update on Medi-Cal Mental Health Audit From: City Manager Contact: Beth Meyerson, Health Services, 981-5100

27. Change in Public Hearing Notices for Zoning Applications From: City Manager Contact: Dan Marks, Planning and Development, 981-7400

28. Panoramic Hill (ESR) Zoning Ordinance Definition of Bedroom From: City Manager Contact: Dan Marks, Planning and Development, 981-7400

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.ci.berkeley.ca.us/video and KPFB Radio 89.3. Archived indexed video streams are available at http://www.ci.berkeley.ca.us/citycouncil. Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

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.

Tuesday, February 15, 2011 DRAFT AGENDA Page 9

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil and may be read at reference desks at the following locations: City Clerk Department Libraries: 2180 Milvia Street Main - 2090 Kittredge Street Tel: 510-981-6900 Claremont Branch – 2940 Benvenue TDD: 510-981-6903 West Branch – 1125 University Fax: 510-981-6901 North Branch – 1170 The Alameda Email: [email protected] South Branch – 1901 Russell 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.

Tuesday, February 15, 2011 DRAFT AGENDA Page 10

Human Welfare and Community Action Commission CONSENT CALENDAR February 15, 2011

To: Honorable Mayor and Members of the City Council From: Human Welfare and Community Action Commission Submitted by: Leah Talley, Secretary, Human Welfare and Community Action Commission Subject: Human Welfare and Community Action Commission Representatives of the Poor

RECOMMENDATION Adopt a Resolution confirming the selection of Justina Cross (District 3) as a representative of the poor, having been selected at the January 19, 2011 Human Welfare and Community Action Commission (HWCAC) meeting and serving until the next election in November 2012.

FISCAL IMPACTS OF RECOMMENDATION Failure to maintain full membership on the HWCAC, which also acts as the Board of the Berkeley Community Action Agency (CAA), could result in a loss of Community Services Block Grant (CSBG) funding. Vacancies on the Berkeley CAA Board were noted as a “finding” during the most recent monitoring visit of this program conducted by the State Department of Community Services and Development.

CURRENT SITUATION AND ITS EFFECTS Section 3.78.080 of the City of Berkeley Municipal Code states that “Elections for representatives of the poor shall be held biennially in the month of November in the even numbered years…” and “…three of the six total representatives (and one of each district’s two representatives) will be elected at alternate elections every two years.” Section 3.78.080 also states that …“the remaining representatives of the poor, acting alone, shall select a person to fill the vacancy until the next election, at which time the vacancy shall appear on the ballot to fill any existing and remaining unexpired term.”

At the January 19, 2011 HWCAC regular meeting, a motion was made, seconded and unanimously approved (M – Rea g a n , S – Woodson; No abstentions) to select Justina Cross to fill one of the remaining vacant seats in District 3 until the seat is eligible for election in November 2012.

The Municipal Code (section 3.78.080) allows for both elected and selected representatives of the poor. Elections are held every other year in even numbered

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us/manager Human Welfare and Community Action Commission Representatives of the Poor CONSENT CALENDAR February 15, 2011

years. The HWCAC must inform Council of who is elected to represent the poor. If seats are not filled during elections, or elected commissioners leave the HWCAC, vacant seats designated for representatives of the poor can be selected to serve on the HWCAC until the next election cycle. Elected representatives of the poor are responsible for selecting additional representatives to fill the vacant seats and Council must confirm their selection.

BACKGROUND The HWCAC is made up of fifteen members, with nine appointed by Berkeley City Council members and six serving as elected representatives of the poor. Berkeley Municipal Code Section 3.78.080 stipulates that elections of representatives of the poor are held biennially in the month of November in even numbered years. An election was held in November of 2010, and the next election will be held in November 2012.

RATIONALE FOR RECOMMENDATION Failure to maintain full HWCAC members could threaten future CSBG funding.

ALTERNATIVE ACTIONS CONSIDERED None.

CITY MANAGER The City Manager concurs with the content and recommendations of the Commission’s Report.

CONTACT PERSON Praveen Sood, Chairperson, HWCAC Leah Talley, Secretary, HWCAC 981-5401

Attachments: 1: Resolution

Page 2

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

CONFIRMING THE SELECTION OF MS. JUSTINA CROSS AS A REPRESENTATIVE OF THE POOR ON THE HUMAN WELFARE AND COMMUNITY ACTION COMMISSION

WHEREAS, Berkeley Municipal Code 3.78.080 stipulates that elections for three of the six representatives of the poor seated on the Human Welfare and Community Action Commission (HWCAC) are held biennially in the month of November in even numbered years, and the next election will take place in November 2012; and

WHEREAS, Subsection C of the ordinance states that the remaining representatives of the poor select representatives to fill any existing and remaining vacancies and that Council must confirm their selection; and

WHEREAS, at the January 19, 2011 regular HWCAC meeting, the remaining elected representatives of the poor selected Ms. Justina Cross (District 3) to fill one vacancy with her term ending at the next election to be held in November 2012.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley confirms Ms. Justina Cross (District 3) as an elected representative of the poor serving on the Human Welfare and Community Action Commission until the next election in November 2012.

Peace and Justice Commission CONSENT CALENDAR February 15, 2011

To: Honorable Mayor and Members of the City Council From: Peace and Justice Commission Submitted By: Eric Brenman, Secretary, Peace and Justice Commission

Subject: Obtain Humane Treatment and Conditions of Pre-Trial Confinement and Human Rights for Pfc. Bradley Manning

RECOMMENDATION Adopt a Resolution to obtain Humane Treatment and conditions of pre-trial confinement and human rights for Pfc. Bradley Manning.

FISCAL IMPACTS OF RECOMMENDATION None.

CURRENT SITUATION AND ITS EFFECTS At its regular meeting on January 10, 2011, the Peace and Justice Commission adopted the following recommendation:

Adopt a Resolution to obtain humane treatment and conditions of pre-trial confinement and human rights for Pfc. Bradley Manning.

M/S/C: (Meola/Marley)

Ayes: Bohn; Kenin; Lippman; Maran; Marley; Meola; Mungovan; Nicely; Sorgen

Noes: None.

Abstain: Rabkin; Siegel (Basis for abstention: “Unease with sources.”)

Absent: Abdul-khabir; Litman (excused)

BACKGROUND Pfc. Bradley Manning has been held in solitary confinement at a military facility since his arrest on May 22, 2010. Reports of the conditions of his pre-trial confinement include prolonged daily solitary confinement (23 hours per day), extended exposure to light

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-5114 ● TDD: (510) 981-6903 ● Fax: (510) 981-5112 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Commssion

Obtain Humane Treatment and Conditions of Pre-Trial Confinement ACTION CALENDAR and Human Rights for Pfc. Bradley Manning February 15, 2011

(even when attempting to sleep), sleep deprivation and other treatment that is, at a minimum, suggestive of inhumane treatment and unnecessarily harsh conditions.

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 calls for the immediate end to the cruel, inhuman, and degrading treatment of PFC. Bradley Manning during his military confinement. ALTERNATIVE ACTIONS CONSIDERED None.

CITY MANAGER The City Manager takes no position on the Commission’s recommendations or the contents of its Report.

CONTACT PERSON Wendy Kenin, Chairperson, Peace and Justice Commission Robert Meola, Commissioner, Peace & Justice Commission Eric Brenman, Secretary, Peace and Justice Commission, 510-981-5114

Attachments: 1. Resolution 2. Background & Reference materials

Page 2

RESOLUTION NO. –N.S.

RESOLUTION TO OBTAIN HUMANE TREATMENT AND CONDITIONS OF PRE- TRAIL CONFINEMENT AND HUMAN RIGHTS FOR PFC. BRADLEY MANNING

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 3.69.070); and

WHEREAS, PFC. Bradley Manning has been held in solitary confinement for 23 hours a day since his arrest on May 22nd, 2010 and “In 2006, a bipartisan National Commission on America's Prisons was created and it called for the elimination of prolonged solitary confinement. Its Report documented that conditions whereby ‘prisoners end up locked in their cells 23 hours a day, every day. . . is so severe that people end up completely isolated, living in what can only be described as torturous conditions.’ The Report documented numerous psychiatric studies of individuals held in prolonged isolation which demonstrate ‘a constellation of symptoms that includes overwhelming anxiety, confusion and hallucination, and sudden violent and self-destructive outbursts.’ The above-referenced article from the Journal of the American Academy of Psychiatry and the Law states: ‘Psychological effects can include anxiety, depression, anger, cognitive disturbances, perceptual distortions, obsessive thoughts, paranoia, and psychosis.’”1; and

WHEREAS, PFC. Bradley Manning is made to sleep in his boxer shorts with no pillow and no sheets and a heavy blanket so rough that he must turn carefully beneath it to avoid rug burn; and

WHEREAS, PFC. Bradley Manning is required to sleep with light shining in his eyes at night and is required to affirm every five minutes when awake that he is OK when asked; and

WHEREAS, PFC. Bradley Manning, although originally put on suicide watch, soon had his status changed by the military to “Prevention of Injury” watch (POI), “and under this lesser pretense he has been forced into his life of mind-numbing tedium. His treatment is harsh, punitive and taking its toll.”2 and

WHEREAS, PFC, Bradley Manning has not been outdoors for months and has not been allowed to exercise in or out of his cell and has only been allowed out of his cell to shower and walk in chains and has not been allowed to watch TV during news time nor

1 “The inhumane conditions of Bradley Manning’s detention”, Glenn Greenwald, 15 December 2010, http://www.salon.com/news/wikileaks/index.html?story=/opinion/greenwald/2010/12/14/manning 2 “Bradley Manning’s Life Behind Bars”, Denver Nicks, 17 December 2010, http://www.thedailybeast.com/blogs-and-stories/2010-12-17/bradley-manning-wikileaks-alleged-sources- life-in-prison/

read a newspaper nor have personal possessions in his cell, nor have a pen or a pencil at most times or see most of the mail addressed to him; and WHEREAS, PFC. Bradley Manning has yet to receive a trial date and is innocent of all charges until proven guilty. NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley calls for the immediate end to the cruel, inhuman, and degrading treatment of PFC. Bradley Manning during his military confinement. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Quantico Base Commander, COL Daniel Choike [Phone: (703) 784-2707] 3250 Catlin Avenue Quantico, VA 22134, the Marine Brig Commander, CWO4 James Averhart [Fax: (703) 784-4242] 3247 Elrod Avenue Quantico, VA 22134, Secretary of the Army, John McHugh, Secretary of Defense Robert M. Gates, Congresswoman Barbara Lee, Senator Barbara Boxer, Senator Dianne Feinstein, and President Barack Obama. A record signature copy of said Resolution to be on file in the Office of the City Clerk.

Attachment 2

References: “The inhumane conditions of Bradley Manning’s detention”, Glenn Greenwald, 15 December 2010, http://www.salon.com/news/wikileaks/index.html?story=/opinion/greenwald/2010/12/14/ manning “A Typical Day for PFC Bradley Manning”, David E. Coombs, 18 December 2010, http://www.armycourtmartialdefense.info/2010/12/typical-day-for-pfc-bradleymanning.html “Bradley Manning’s Life Behind Bars”, Denver Nicks, 17 December 2010, http://www.thedailybeast.com/blogs-and-stories/2010-12-17/bradley-manning-wikileaks- alleged-sources-life-in-prison/ Bradley Manning Support Network, http://www.bradleymanning.org/ http://www.bradleymanning.org/15812/speak-out-against-the-inhumane-imprisonment- of-bradley-manning/

Former Commander of Headquarters Company at Quantico Objects to Treatment of Bradley Manning

http://warisacrime.org/node/56307 From DAVID C. MACMICHAEL

General James F. Amos Commandant of the Marine Corps 3000 Marine Corps Pentagon Washington DC 20350-3000

Dear General Amos:

As a former regular Marine Corps captain, a Korean War combat veteran, now retired on Veterans Administration disability due to wounds suffered during that conflict, I write you to protest and express concern about the confinement in the Quantico Marine Corps Base brig of US Army Pfc. Bradley Manning.

Manning, if the information I have is correct, is charged with having violated provisions of the Uniform Code of Military Justice by providing to unauthorized persons, among them specifically one Julian Assange and his organization Wikileaks, classified information relating to US military operations in Iraq and Afghanistan and State Department communications. This seems straightforward enough and sufficient to have Manning court-martialed and if found guilty sentenced in accordance with the UCMJ.

What concerns me here, and I hasten to admit that I respect Manning’s motives, is the manner in which the legal action against him is being conducted. I wonder, in the first place, why an Army enlisted man is being held in a Marine Corps installation. Second, I question the length of confinement prior to conduct of court-martial. The sixth amendment to the US Constitution, guaranteeing to the accused in all criminal prosecutions the right to a speedy and public trial, extends to those being prosecuted in the military justice system. Third, I seriously doubt that the conditions of his confinement—solitary confinement, sleep interruption, denial of all but minimal physical exercise, etc.—are necessary, customary, or in accordance with law, US or international.

Indeed, I have to wonder why the Marine Corps has put itself, or allowed itself to be put, in this invidious and ambiguous situation. I can appreciate that the decision to place Manning in a Marine Corps facility may not have been one over which you had control. However, the conditions of his confinement in the Quantico brig are very clearly under your purview, and, if I may say so, these bring little credit either to you or your subordinates at the Marine Corps Base who impose these conditions.

It would be inappropriate, I think, to use this letter, in which I urge you to use your authority to make the conditions of Pfc. Manning’s confinement less extreme, to review my Marine Corps career except to note that my last duty prior to resigning my captain’s commission in 1959 was commanding the headquarters company at Quantico. More relevantly, during the 1980s, following a stint as a senior estimates officer in the CIA, I played a very public role as a “whistleblower “in the Iran-contra affair. At that time, I wondered why Lt.Col. Oliver North, who very clearly violated the UCMJ—an d , i n m y opinion, disgraced our service—was not court-martialed.

When I asked the Navy’s Judge-Advocate General’s office why neither North nor Admiral Poindexter were charged under the UCMJ, the JAG informed me that when officers were assigned to duties in the White House, NSC, or similar offices they were somehow not legally in the armed forces. To my question why, if that were the case, they continued to draw their military pay and benefits, increase their seniority, be promoted while so serving, and, spectacularly in North’s case, appear in uniform while testifying regarding violations of US law before Congress, I could get no answer beyond, “That’s our policy.”

This is not to equate North’s case with Manning. It is only to suggest that equal treatment under the law is one of those American principles that the Marine Corps exists to protect. This is something you might consider.

Sincerely,

David C. McMichael

Office of the Mayor CONSENT CALENDAR February 15, 2011

To: Honorable Members of the City Council

From: Mayor Tom Bates

Subject: Proposed Changes to Council Rules of Procedure Section III Part C and Section IV Part A

RECOMMENDATION: Adopt the following amendments to the rules of the Agenda Committee

1. Two Amendments to Council Rules Section III. Part C - Procedures for Bringing Matters Before City Council

Amend Section III, Part C, 1a) Items Authored by a Councilmember or the Auditor Amend second paragraph to: The author of a “referred” item must inform the City Clerk within 24 hours of the adjournment of the Agenda Committee whether they prefer to: 1) hold the item for a future meeting pending modifications as suggested by the Committee; 2)have the item appear on the next available Council agenda as originally submitted; 3) pull the item completely; or 4) re-submit the item with revisions as requested by the Agenda Committee for the following next Council agenda.

Amend Section III. Part C, 1c) Items Authored by Boards and Commissions Remove the clause “While these items are not subject to review by the Agenda Committee” and replace with “The Agenda Committee will assess whether the report meets the requirements as described in the Commission Handbook Section D Commission Reports to Council (see reference below). If the report is deemed complete, the Agenda Committee will place the item on the Council Agenda. If the report is deemed incomplete, the Agenda Committee will send the item back to the Commission for further development.”

2. Amend the Council Rules on Section IV. Part A

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us/mayor Proposed Changes to Council Rules of Procedure Section III Part C and Section IV Part A CONSENT CALENDAR February 15, 2011

BACKGROUND: These recommendations will help the Agenda Committee ensure that Council Items are complete and prepared for City Council consideration.

CONTACT PERSON: Mayor Tom Bates, 981-7100.

For Reference: Commission Handbook: Section D - #4 Complete, Concise and Accurate Reports It is the responsibility of the commission to provide complete, concise and accurate reports to the City Council. The reports should be prepared in such a manner that the City Council fully understands the issue and what action, if any, it is being requested to take. (The vote should be included in any case, listing those voting for, against, abstaining, and those who are absent.) There is an accepted and specific report format for each type of report shown on the following pages. In general, however, Commission reports should include: Clear recommendation. The reason for the recommendation. The facts on which it is based. Points of disagreement within the Commission or with staff, if any. The required Resolution or Ordinance, in proper format.

- 2 -

Linda Maio Councilmember District 1

CONSENT CALENDAR February 15, 2011

To: Honorable Mayor and Members of the City Council From: Councilmember Linda Maio Subject: Request that PG&E Offer Hard-Wire Option

RECOMMENDATION Request that PG&E offer a hard-wire option to all who have received the Smart Meter and furthermore, that the City make a formal request to PG&E for a hard-wire meter, for those opting out of the Smart Meter program.

FINANCIAL IMPLICATIONS None.

BACKGROUND Due to the overwhelming concerns of the potential health impacts posed by the electromagnetic frequencies of Smart Meters, the City urges PG&E to offer the hard- wire option to those who want to opt out completely of the wireless device. The utility is presently considering such an opt-out option.

In the 2011-2012 Regular Session of the California Legislature, Assemblymember Jared Huffman, has introduced AB 37, requiring PG&E to offer hard-wire smart meters as an option. AB 37 would add Section 8370 to the Public Utilities Code, relating to electricity, and declaring the urgency thereof, to take effect immediately.

CONTACT PERSON Councilmember Linda Maio Council District 1 510-981-7110

Attachments: CA Assembly Bill No. 37

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● TDD: (510) 981-6903 ● Fax: (510) 981-7111 E-Mail: [email protected]

Jesse Arreguín Councilmember, District 4 CONSENT CALENDAR February 15, 2011

To: Honorable Mayor and Members of the City Council

From: Councilmembers Jesse Arreguín and Kriss Worthington

Subject: Support of HR 22, Authored by Congresswoman Jackie Speier

RECOMMENDATION: That the Berkeley City Council:

1) Adopt a Resolution in support of HR 22, “Pipeline Safety and Community Empowerment Act of 2011’’ 2) Request PG&E to identify the size, condition, age, location and last inspection dates of all natural gas pipelines in Berkeley that cross the Hayward Earthquake Fault 3) Request that PG&E install shut-off valves on pipelines crossing the fault

BACKGROUND: On September 9, 2010 a PG&E natural gas pipeline exploded in San Bruno, killing eight people and leaving about fifty people injured. Thirty eight homes were destroyed in the massive fire caused by the explosion and at least seven more were damaged.

Following this tragic event, questions have been raised concerning the root cause of the explosion and many concerns have been raised over the standards of pipeline safety, the lack of enforcement of current laws and the unavailability of information to the public.

Congresswoman Jackie Speier has introduced HR22, a national pipeline safety bill that would mandate increased inspection, disclosure of information, and automatic shut-off valves on certain pipes.

FINANCIAL IMPLICATIONS: NONE.

CONTACT PERSON: Jesse Arreguín, Councilmember, District 4 981-7140

Attachments: 1. Resolution 2. HR 22

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-7144 E-Mail: [email protected] RESOLUTION NO. XXXXX

SUPPORTING HR 22 RELATING TO NATIONAL PIPELINE SAFETY

WHEREAS, in September 2010, the explosion of a PG&E natural gas pipeline in San Bruno caused a massive fire which killed eight people, injured fifty others and destroyed thirty eight homes; and

WHEREAS, it was not clear for the first thirty minutes that the blaze was a natural gas fire and it took approximately one and half hours for the PG&E crew to turn off the manual valves for the natural gas that fed into the San Bruno fire; and

WHEREAS, this delay could have been shortened if automatic shut-off valves were installed in areas near seismic faults and other high risk locations and if pipeline operators were mandated to inform the public and the Pipeline and Hazardous Safety Materials Administration of emergency plans covering actions to be taken in case of a pipeline rupture; and

WHEREAS, PG&E gas transmission lines traverse the Hayward fault, a very high risk area, in locations currently undisclosed to the public; and

WHEREAS, HR 22, introduced by Congresswoman Jackie Speier, calls for the enforcement of new inspection and leak detection standards, the installation of automatic shut-off valves on certain pipes, and the development of emergency action plans.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports HR 22 and that copies of this resolution shall be sent to Congresswoman Jackie Speier, Congresswoman Barbara Lee, House Speaker John Boehner, House Transportation and Infrastructure Committee, and the House Energy and Commerce Committee.

Susan Wengraf Councilmember District 6 CONSENT CALENDAR February 15, 2011

To: Honorable Mayor and Members of the City Council From: Councilmember Susan Wengraf Subject: Official City Sponsorship of Berkeley Animal Shelter Fundraiser

RECOMMENDATION Approve City of Berkeley sponsorship of a fundraising event to benefit the Berkeley Animal Shelter to be held at the Berkeley Arts Center March 12, 2011.

FINANCIAL IMPLICATIONS

None. City sponsorship of the event will be limited to the use of the City’s name

BACKGROUND The City of Berkeley is building a new animal shelter. Supplemental funds must be raised to outfit and furnish the animal hospital within the new shelter. The City’s official sponsorship will facilitate the success of this event.

The benefit will feature a book reading and signing by author Jeffrey Masson from his most recently published book “The Dog Who Couldn’t Stop Loving”. Mr. Masson has written widely on animal behavior including “When Elephants Weep”, and “Dogs Never Lie About Love”.

CONTACT PERSON Councilmember Susan Wengraf Council District 6 510-981-7160

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]

Kriss Worthington Councilmember, City of Berkeley, District 7 2180 Milvia Street, 5th Floor, Berkeley, CA 94704 PHONE 510-981-7170 FAX 510-981-7177 [email protected]

CONSENT CALENDAR February 15, 2011

To: Honorable Mayor and Members of the City Council From: Councilmember Kriss Worthington Councilmember Jesse Arreguin

Subject: Temporary Operation Extension for the Warm Water Pool

RECOMMENDATION A high priority budget referral to the City Manager to provide funding to extend operation until actual construction absolutely requires operation to cease and to post a notice at the pool that operation will continue after June.

BACKGROUND The warm water pool was slated to close in June 2011. Possible construction delays could result in at least six months of non-operation, thus needlessly denying residents access and use of the pool. The pool serves a diverse group of users, including many disabled and elderly residents. Therefore, it is crucial that operation of the warm water pool be temporarily extended and that the community is aware of the extension.

FINANCIAL IMPLICATIONS Continuation of prior years’ funding.

CONTACT PERSON Councilmember Kriss Worthington 510-981-7170 Councilmember Jesse Arreguin 510-981-7140

Kriss Worthington Councilmember, City of Berkeley, District 7 2180 Milvia Street, 5th Floor, Berkeley, CA 94704 PHONE 510-981-7170 FAX 510-981-7177 [email protected]

CONSENT CALENDAR February 15, 2011

To: Honorable Mayor and Members of the City Council

From: Councilmember Kriss Worthington

Subject: The PEOPLE’S (Preventing Early Obituaries by Proposing Logical Economic Solutions) Budget Alternative

RECOMMENDATION Adopt the following recommendations responding to the proposed state budget cuts. The following are possible alternatives to the proposed budget cuts toward Medi-Cal, CalWORKs, University of California and California State University, Developmental Services, and In-Home Support Services. Suggested Alternatives: 1. Cuts to the California Corrections Department a. Cut $2 billion from the prison budget. The California State Senate had previously voted to cut $900 million; b. Early release of elderly inmates and inmates incarcerated due to possession of marijuana. Since marijuana is an infraction, it is reasonable to release anyone currently incarcerated from marijuana possession and are non-violent. c. Eliminate marijuana use as a condition to release for probation or parole. 2. Reform state long-term care to decrease nursing facilities. 3. Reduce the contracting out of consulting and engineering contracts which could easily save $500 million. 4. Cuts to Medi-Cal a. Modify the state’s existing Medicaid Home and Community-Based Services waiver so more people can avoid expensive and unnecessary institutional placement. b. Draw down new federal Medicaid funds for some AB 1632 mental health services for special education students. 5. Cuts to CalWORKs a. Minimize cuts to CalWORKs 6. Cuts to University of California and California State University Systems: a. In light of tuition hikes, for both the UC and CSU systems, reduce the proposed cuts. 7. Cuts to Developmental Services a. Implement the closure plan for Lanterman Development Center, and develop a plan for closing two other Developmental Center, resulting in lower cost for higher quality services b. Consolidate state licensing/quality assurance functions for developmental disabilities system in DDS. 8. Cuts to In-Home Support Services: a. Eliminate the IHSS consumer fingerprinting and timesheet requirements, estimated by the Department of Social Services to require spending $41 million dollars over several years to photograph and fingerprint IHSS consumers.

BACKGROUND Members of the disabled and senior communities have indicated that if the proposed additional cuts are implemented people will die. Therefore, we request a serious consideration of the alternative budget cuts.

The Governor's proposed budget plan addresses an estimated $25.4 billion state budget problem—consisting of an $8.2 billion deficit that would remain at the end of 2010-11 absent additional budgetary action and an estimated $17.2 billion gap between current-law revenues and expenditures in 2011-12. The Governor’s budget proposes to cut $12.5 billion.

FINANCIAL IMPLICATIONS Significant reduction to City and County costs to pick up the pieces for people damaged by these drastic cuts.

CONTACT PERSON Councilmember Kriss Worthington 510-981-7170 Kriss Worthington Councilmember, City of Berkeley, District 7 2180 Milvia Street, 5th Floor, Berkeley, CA 94704 PHONE 510-981-7170 FAX 510-981-7177 [email protected]

CONSENT CALENDAR February 15, 2011

To: Honorable Mayor and Members of the City Council From: Councilmember Kriss Worthington

Subject: Raising the Tibetan Flag in Solidarity with the Tibetan People for 52 Years in Exile

RECOMMENDATION Allow the Tibetan flag to be raised on the City flag pole on Wednesday, March 10, 2011 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day.

BACKGROUND On February 6, 1996 the Berkeley City Council, at the request to Bay Area Friends of Tibet (a non-sectarian, non-profit organization located in Berkeley), voted to raise the Tibetan flag on March 10, 1996 as a demonstration of solidarity with the cause of Tibetan self-determination and human rights.

On April 25, 2009, the Dalai Lama traveled to the City of Berkeley to speak before crowds of over six thousand. The Dalai Lama is a Tibetan spiritual leader whose dedication and advocacy for nonviolence and harmony has influenced many in endeavoring for societal parity. In support of the preservation of Tibetan identity and human rights, President Barack Obama welcomed a visit from the Dalai Lama to the White House on February 17, 2010.

This year marks the sixteenth year of raising the Tibetan flag in the City of Berkeley. The public is welcome to attend the flag raising ceremony at 8 a.m. on March 10, 2011 at Civic Center Park.

FINANCIAL IMPLICATIONS None.

CONTACT PERSON Councilmember Kriss Worthington 510-981-7170

Housing Advisory Commission ACTION CALENDAR January 25, 2011

To: Honorable Mayor and Members of the City Council From: Housing Advisory Commission Submitted by: Kristen Lee, Secretary, Housing Advisory Commission Subject: Affordable Housing Impact Fee

RECOMMENDATION Adopt an Affordable Housing Impact Fee set at $28,000 per unit for new multifamily rental housing, and allow developers the option of setting aside 20% of the base units in a project to be available at below market rate rents, at the levels set under the City’s prior inclusionary housing requirement. The HAC also recommends that City Council review the provisions of any impact fee when the City of Berkeley Housing Element is updated to ensure that they are economically feasible and are designed to serve the community’s highest priorities for the provision of affordable housing.

FISCAL IMPACTS OF RECOMMENDATION The City’s Housing Trust Fund would receive $28,000 per unit of market rate rental housing built.

CURRENT SITUATION AND ITS EFFECTS At its January 13, 2011 meeting, the Housing Advisory Commission discussed the Housing and Community Services Department‘s recommendation to City Council to adopt an affordable housing impact fee of $20,000 per unit for new multifamily rental housing and to direct the proceeds to the City’s Housing Trust Fund. The HAC voted to support a higher fee than that proposed by staff to encourage developers to opt for the waiver to promote the integration of affordable units into market rate housing developments. The HAC also voted to revisit the Affordable Housing Impact Fee every five years when the City updates its Housing Element, to ensure that the fee is feasible and continues to promote affordable housing.

BACKGROUND At its January 13, 2011 meeting, the HAC discussed a memo written by Jane Micallef, Director of the City’s Housing & Community Services Department, which proposed that City Council support an affordable housing impact fee. A motion passed (M/S/C: Casalaina/Levenson. Ayes: Casalaina, Dunner, Kingeter, Levenson, Soto-Vigil. Noes: Coulter, Panzer, Sawicki, Wolfe. Abstentions: None) recommending that City Council adopt an Affordable Housing Impact Fee set at $28,000 per unit for new multifamily

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: http://www.CityofBerkeley.info/Manager Affordable Housing Impact Fee ACTION CALENDAR January 25, 2011

rental housing. Dissenting commissioners cited their opinion that a higher fee in today’s depressed economic climate may dissuade developers from creating housing development. A second motion was passed (M/S/C: Casalaina/Kingeter. Ayes: Casalaina, Dunner, Kingeter, Levenson, Panzer, Sawicki, Wolfe. Noes: Coulter. Abstentions: Soto-Vigil) recommending that, irrespective of any fees adopted, the City Council allow housing developers the option of setting aside 20% of the base units in a project to be available at below market rate rents, at the affordability levels set under the City’s prior inclusionary housing requirement. A third motion passed (M/S/C: Casalaina/Levenson. Ayes: Casalaina, Coulter, Dunner, Kingeter, Levenson, Panzer, Sawicki, Soto-Vigil. Noes: None. Abstentions: Wolfe) recommending that City Council review the provisions of any impact fee every five years, when the City of Berkeley Housing Element is updated, to ensure that the fees are economically feasible and are designed to serve the community’s highest priorities for the provision of affordable housing.

RATIONALE FOR RECOMMENDATION An Affordable Housing Impact Fee of $28,000 per unit for new multifamily rental housing is not expected to depress housing production and will encourage developers to set aside units in market rate housing developments to integrate affordable housing into these developments.

ALTERNATIVE ACTIONS CONSIDERED None.

CITY MANAGER See companion report.

CONTACT PERSON Kristen Lee, Community Services Specialist, Housing and Community Services Department, 981-5427

Peace and Justice Commission ACTION CALENDAR February 15, 2011

To: Honorable Mayor and Members of the City Council From: Peace and Justice Commission Submitted By: Eric Brenman, Secretary, Peace and Justice Commission

Subject: The Safe Resettlement of Cleared Guantánamo Detainees

RECOMMENDATION Adopt a Resolution to assist in the safe resettlement of cleared Guantánamo detainees.

FISCAL IMPACTS OF RECOMMENDATION None.

CURRENT SITUATION AND ITS EFFECTS At its regular meeting on December 6, 2010, the Peace and Justice Commission adopted the following recommendation:

Adopt a Resolution to assist in the safe resettlement of cleared Guantánamo detainees.

M/S/C: (Maran/Sorgen)

Ayes: Abdul-khabir; Bohn; Kenin; Lippman; Maran; Meola; Nicely; Rabkin; Sorgen

Noes: Siegel

Abstain: None.

Absent: Litman (excused); Marley

RATIONALE FOR RECOMMENDATION The Peace and Justice Commission, consistent with its mandate to promote peace and justice, locally, nationally and internationally, recommends that the United States lift its ban on the domestic repatriation of cleared Guantanamo detainees and that following the removal of this legal impediment, that assistance be given for their safe resettlement to the United States. It is proposed that the City of Berkeley then welcome one or two detainees to live in Berkeley, with needed housing and other support offered by the Berkeley community.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-5114 ● TDD: (510) 981-6903 ● Fax: (510) 981-5112 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Commssion

The Safe Resettlement of Cleared Guantánamo Detainees ACTION CALENDAR February 15, 2011

The City has a longstanding policy in support of peace and justice including previously welcoming refugees from other countries who unjustly suffered imprisonment, torture, and related traumatic experiences. Consistent with that policy leadership, the Council of the City of Berkeley is urged to take a position to support the resettlement of one or two Guantanamo detainees to Berkeley. Similar actions were adopted by the cities of Amherst and Leverette, both in Massachusetts. ALTERNATIVE ACTIONS CONSIDERED None.

CITY MANAGER The City Manager recommends that no action be taken on the Commission’s recommendation at this time because of existing federal law explicitly prohibiting the domestic repatriation of Guantanamo detainees (see companion Report).

CONTACT PERSON Wendy Kenin, Chairperson, Peace and Justice Commission Rita Maran, Commissioner, Peace & Justice Commission Eric Brenman, Secretary, Peace and Justice Commission, 510-981-5114

Attachment: 1. Resolution 2. Background Information

Page 2

RESOLUTION NO. –N.S.

TO ASSIST IN THE SAFE RESETTLEMENT OF CLEARED GUANTANAMO DETAINEES

WHEREAS, according to the Berkeley Municipal Code, Sections 3.68.010 (E) and (L) “Peace & Justice Commission – Findings: “Peace is inseparable from justice….[and] [t]he residents of Berkeley have in years past welcomed to our City those who have been forced into exile, or who have come fleeing torture and death"; and

WHEREAS, President Barack Obama stated in January 2009 that the prison at Guantánamo Bay Naval Base would be closed by January 2010; and

WHEREAS, as of December 2010, after 8-plus years of imprisonment without trial or charges against them, 38 detainees at Guantánamo have been cleared by the US government of wrongdoing, and it has been determined that they pose no threat to the United States; and

WHEREAS, many of these detainees cannot be repatriated because they are either stateless or have a well-founded fear of harm if returned to their home country; and

WHEREAS, the US government has asked other countries to accept cleared detainees but has banned their settlement in the United States; and

WHEREAS, Berkeley residents have in the past welcomed refugees from other countries who unjustly suffered imprisonment, torture, and related traumatic experiences.

NOW THEREFORE, BE IT RESOLVED that the Berkeley City Council:

1) Urges Congress to agree to the release of cleared detainees into the United States, as requested of Congress members on July 28, 2010 by fifteen eminent non- governmental organizations* (cited below); and

2) Would welcome the resettlement of one or two cleared detainees to Berkeley upon confirmation that no Congressional ban is in place.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley send copies of this Resolution to U.S. President Barack Obama, U.S Attorney General Eric Holder, U.S. Senators for California Dianne Feinstein and Barbara Boxer, U. S. Representative for California District Nine Barbara Lee, and the UN High Commissioner on Human Rights, the Honorable Navi Pillay. A record signature copy of said Resolution to be on file in the Office of the City Clerk.

*List of Non-Governmental Organizations: Alliance for Justice, American Civil Liberties Union, Amnesty International USA, Appeal for Justice, The Constitution Project, Friends Committee on National Legislation, Human Rights First, Human Rights Watch, International Justice Network, Japanese American Citizens League, Justice at Stake, National Association of Criminal Defense Lawyers, New Security Action, Open Society Policy Center, United Methodist Church, General Board of Church and Society

Attachmen t 2

Background materials re: Guantanamo cleared detainee 1. The Congressional bills on settling cleared detainees in the United States. 2. Amherst and Leverett, Massachusetts, Resolutions 3. Background material on the detainees 4. Preparing a plan for resettling and supporting cleared Guantanamo detainees in Berkeley 5. Talking Points

1. The Congressional bills on settling cleared detainees in the United States The following material is excerpted from Guantanamo Detention Center: Legislative Activity in the 111th Congress Anna C. Henning, Legislative Attorney, June 17, 2010 Congressional Research Service, 7-5700, www.crs.gov, R40754

p. 3 Enacted Laws To date in the 111th Congress, provisions relating to Guantanamo detainees have been enacted as part of six laws: the 2009 Supplemental Appropriations Act (P.L. 111-32); the Department of Homeland Security Appropriations Act, 2010 (P.L. 111-83); the 2010 National Defense Authorization Act (P.L. 111-84); the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (P.L. 111-88); the Consolidated Appropriations Act, 2010 (P.L. 111-117); and the Department of Defense Appropriations Act, 2010 (P.L. 111-118).

For the present purposes, we refer to H.R. 2346 – Supplemental Appropriations Act 2009: The 2009 Supplemental Act was the first relevant act; although subsequent provisions differ slightly, provisions restricting the transfer and release of detainees developed during conference committee deliberations for the 2009 Supplemental13 are reflected in subsequent measures. The National Defense Authorization Act and the Homeland Security Appropriations Act each contain Guantanamo-related provisions in addition to those restricting detainees’ transfer or release. Subsequent FY2010 measures include provisions restricting the transfer and release of detainees which mirror those in the Homeland Security Appropriations measure. Restrictions on Transfer and Release All of the relevant measures enacted to date in the 111th Congress prohibit or place conditions on the use of federal funds to release or transfer Guantanamo detainees into the United States. Such measures may be prompted by perceived

security risks to U.S. citizens that some argue could arise if suspected terrorists were detained or tried in the United States.14

Restrictions on the Use of Funds to Release Detainees into the United States All of the measures place strict bans on the use of funds to release Guantanamo detainees into the United States. The 2009 Supplemental Act banned the use of funds appropriated under that or previous acts to release any Guantanamo detainee into the continental United States, Hawaii, or Alaska.15 Section 1041 of the National Defense Authorization Act prohibits the U.S. Department of Defense from using funds authorized to be appropriated to it by that act or otherwise available to the department to release a Guantanamo detainee into the United States or its territories during the period beginning October 1, 2009, and ending December 31, 2010. The remaining FY2010 measures similarly prohibit the use of federal funds—particularly those appropriated during the 2010 fiscal year—to transfer a Guantanamo detainee into the United States or specified territories.17

p. 9, 10 The Homeland Security Appropriations Act includes two additional provisions affecting the treatment of Guantanamo detainees. Section 553, which appears to apply beyond the end of the 2010 fiscal year, requires that former detainees be included on the “No Fly List,” “unless the President certifies in writing to Congress that the detainee poses no threat to the United States, its citizens, or its allies.”50 A second provision prohibits the use of funds appropriated under that act to “provide any immigration benefit” to any former Guantanamo detainee, including a visa, admission into the United States, parole into the United States, or classification as a refugee or applicant for asylum.51 The prohibition is similar to proposals introduced earlier during the 111th Congress; however, the other proposals would apply permanently, whereas the prohibition in the Homeland Security Appropriations Act appears to apply only to funds appropriated by that act.52 p. 52 For example, H.R. 1238 would make an alien detained at Guantanamo “permanently ineligible” for both “admission to the United States for any purpose” and “parole into the United States or any other physical presence in the United States that is not regarded as an admission.” Likewise, S. 1071, the Protecting America’s Communities Act, would amend the Immigration and Nationality Act to prohibit the admission, asylum entry, or parole entry of a Guantanamo detainee into the United States. It would also require that a Guantanamo detainee be detained for an additional six months after the “removal period” if the Secretary of Homeland Security certifies that (1) the detainee “cannot be removed due to the refusal of all countries designated by the [detainee] or under this section to receive the [detainee]”; and (2) “the Secretary is making reasonable efforts to find alternative means for removing the [detainee].” Similarly, the Protection from Enemy Combatants Act, S. 108, would forbid the release by a U.S. court of any “covered alien”— defined as any person who “was detained” at Guantanamo— into the United States. Protection from Enemy Combatants Act, S. 108, 111th Cong. (2009). It would also bar the issuance of an immigration visa or the granting of any immigration status that might facilitate a detainee’s entry into the

United States or continued presence after release from custody. However, S. 108 contains a waiver provision that would allow the President to remove the restriction where doing so would be “consistent with the national security of the United States.” S. 1081, introduced by Senator Graham, includes measures similar to those in H.R. 1238 and S. 108, but it would apply only to non-U.S. citizens who had been determined by a Combatant Status Review Tribunal to be enemy combatants. A bill to prohibit the release of enemy combatants into the United States, S. 1081, 111th Cong. (2009).

Footnote 16, p. 8: “At least prior to the enactment of the Supplemental Appropriations Act, 2009 (P.L. 111-32), the Executive considered the possibility of releasing at least some detainees who are not considered a threat into the United States. See Director of National Intelligence Dennis Blair, “Media Roundtable Discussion,” March 26, 2009, available athttp://www.dni.gov/interviews/20090326_interview.pdf. The Supplemental Appropriations Act, 2009 (P.L. 111-32), Department of Homeland Security Appropriations Act, 2010 (P.L. 111-83), National Defense Authorization Act for Fiscal Year 2010 (P.L. 111-84), and the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (P.L. 111-88), all contain provisions barring funds from being used to release Guantanamo detainees into the United States, and some of these measures also bar the release of detainees into specified U.S. territories.”

“Closing the Guantanamo Detention Center: Legal Issues.” Congressional Research Service Report, November 17, 2009. Michael John Garcia, Legislative Attorney; Elizabeth B. Bazan, Legislative Attorney; R. Chuck Mason, Legislative Attorney; Edward C. Li, Legislative Attorney; Anna C. Henning, Legislative Attorney. Transfer of Detainees into the United States, p. 7

For further references, see: p. 55 For example, H.R. 148, H.R. 565, H.R. 633, H.R. 701, H.R. 794, H.R. 817, H.R. 829, H.R. 951, H.R. 1073, H.R. 1186, H.R. 1566, H.R. 2315, and H.R. 4120; 2010 homeland security appropriations act (P.L. 111-83), H.R. 1238. National Defense Authorization Act for Fiscal Year 2011, S. 3454, 111th Cong. (2010), at § 1043. 57

2. Massachusetts Cities’ Resolutions, to Assist in the Safe Resettlement of Cleared Guantánamo Detainees. Amherst Approved: November 4, 2009. Leverett Approved: April 24, 2010 WHEREAS, President Obama has vowed to close the prison at Guantánamo Bay Naval Base by January 2010; and WHEREAS, many detainees at Guantánamo have been cleared by our government of wrongdoing and have been determined to pose no threat to the

United States; and WHEREAS, many of these detainees cannot be repatriated because they are either stateless or fear the harm awaiting them if returned to their home country; and WHEREAS, our government has asked other countries to accept cleared detainees but has banned their settlement in the United States; and WHEREAS, these detainees have suffered unjust imprisonment for many years; and WHEREAS, the Pioneer Valley has many resources to help such detainees with trauma from their imprisonment; and WHEREAS, the Pioneer Valley has welcomed in the past many refugees from a variety of traumatic experiences in other countries, THEREFORE BE IT RESOLVED that Amherst Special Town Meeting 2009: 1) Urges Congress to repeal the ban on releasing cleared detainees into the United States and 2) Welcomes such cleared detainees into our community as soon as the ban is lifted. And BE IT FURTHER RESOLVED that copies of this Resolution be sent to the President and Attorney General of the United States, the United States Senators for Massachusetts, and the United States Representative for Massachusetts’ First District.

3. Detainee Backgrounds: Ravil Mingazov and Djamel Ameziane, two cleared detainees. Ravil Mingazov was born in Russia in 1967. He became a ballet dancer with several dance troupes. Conscripted into the Russian Army at the age of 19, he first served in the Army ballet troupe. After his conscription ended in 1988, he served voluntarily until 1996 and later returned to the military in the food supply section, where he took over a program that was in bad shape and transformed it into a model program, “the best in all the Army's.” In recognition of his achievement, he said that the General gave him a watch. Ravil states that his trouble began when he converted to Islam while still in the Russian Army, amidst general intolerance towards Muslim soldiers. When Ravil’s requests for fair treatment, such as halal food and time for worship, fell on deaf ears, he sought assistance outside the Army—from his mayor and from a political party. His commanders retaliated, and the KGB stepped up its surveillance and harassment, ransacking Ravil’s house.

Ravil, now married to a Muslim woman and the father of a young child, weighed his options. His request for a passport was denied for reasons that were not explained to him. He then decided to travel to a Muslim country where he would be free to practice his faith. He left his wife and child behind, planning on sending for them once he had located a hospitable place for them to live. Sometime after he reached Afghanistan, the U.S. invaded. Mingazov fled with other refugees to the Tablighi Islamic Center in Lahore, Pakistan, where he stayed from January to March 2002. In March, three days after Ravil moved to a house for Muslim refugees in Faisalabad, Pakistan, Pakistani police arrested Mingazov and 16

other residents because, unknown to them, someone staying in the house was believed to have had some connection to Abu Zubaydah. The men were brought to a prison in Islamabad, Pakistan. After one month there, Ravil was turned over to U.S. custody and held at Bagram air base in Afghanistan, where he was beaten, slammed into the ground, hung by his arms, and deprived of food and sleep.

Ravil was so afraid to return to Russia that he fabricated stories about himself-- that he had attended the al-Farouq training camp and that he had listened to Usama bin Laden--in order to be sent from Bagram to Guantánamo. A Red Cross representative assured him he would enjoy humane treatment there in accordance with the Geneva Conventions. Mingazov’s fears of repatriation are well-founded. A report by Human Rights Watch documents the treatment that seven other Russians who were imprisoned at Guantanamo received upon their return to Russia in 2004. All were detained, beaten, and harassed, and one of the men was ultimately killed.

At his Administrative Review Board hearing in 2006, Ravil tried to correct his record. To date, the U.S. has never charged Mingazov with any crime. A judge ordered Ravil's release on May 13, 2010, under the writ of habeas corpus. Current status: Cleared, no charges. The government has appealed his habeas win, so it will be spring 2011 at least before the appeals court hears his case again.

Contact for more information about Ravil Mingazoy Allison M. Lefrak, Litigation Director World Organization for Human Rights USA 2029 P Street, NW, Suite 202 Washington, DC 20036 office: (202) 296-5702 ext. 202; fax: (202) 296-5704 http://humanrightsusa.org [email protected] (Additional biographical information is available upon request to the City of Berkeley Peace & Justice Commission)

Djamel Ameziane FOR IMMEDIATE RELEASE CONTACT: Center for Constitutional Rights [1] October 29, 2010 [email protected] 1:16 PM First Guantánamo Detainee Before Inter-American Commission on Human Rights Given Hearing Today Attorneys from CCR and CEJIL Say Djamel Ameziane is an Excellent Candidate for Resettlement http://www.commondreams.org/newswire/2010/10/29-10

WASHINGTON - October 29 - Today, Mr. Djamel Ameziane, the first individual detained at Guantánamo to file a petition with the Inter-American Commission on Human Rights, was granted a hearing to determine whether his petition will be heard by the international body. Mr. Ameziane filed his petition with the

Commission in August 2008 to challenge his years-long detention without charge at Guantánamo and his risk of forcible repatriation to his native Algeria, where he fears persecution and torture. While the Commission promptly issued urgent protective measures to prevent his transfer from Guantánamo to any country where he would likely face persecution or torture, Mr. Ameziane remains at risk. Mr. Ameziane’s indefinite detention and risk of transfer to torture will end only when a third country comes forward to offer him a safe haven.

“Mr. Ameziane is an ideal resettlement candidate. He is college-educated, speaks several languages including French and English, and loves to draw and paint, read mystery novels, cook and play soccer. He is healthy and hopeful, and dreams of rebuilding and enjoying a quiet life in freedom,” said J. Wells Dixon, Senior Staff Attorney at the Center for Constitutional Rights (CCR). “If one country in Latin America offers safe resettlement to this one man, we will be one step closer to closing Guantánamo.”

Viviana Krsticevic, Executive Director for the Center for Justice and International law (CEJIL) added, “Djamel Ameziane has been detained in Guantanamo for over eight years without charges. Guantánamo has become a shameful symbol of impunity. Now is the time for the United States to seriously commit to closing Guantanamo.” Djamel Ameziane is appealing to the international community to offer him protection and the chance to rebuild his life in safety. The Americans transported him first to the Airbase at Kandahar, Afghanistan, and then to Guantánamo Bay, Cuba, where, after more than six years, he remains imprisoned without charge and, to date, without judicial review of his detention. If Djamel is ever to leave Guantánamo in safety, he needs the protection of a third country to offer him resettlement. For more information on CCR’s work with Mr. Ameziane and documents relating to his IACHR case, visit the Ameziane v. Obama and Ameziane v. United States [2]case page [2]. The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. Contact person for Djamel Ameziane: Cortney Busch, Repriev, P.O. Box 52742, London EC4P 4WS Tel: 020 7353 4640 (Additional biographical information is available upon request to the City of Berkeley Peace & Justice Commission)

4. Preparing a plan for resettling and supporting cleared Guantanamo detainees in Berkeley A. Consultant: Nancy Talanian, No More Guantanamos (www.nogitmos.org)PO Box 618, Whately, MA 01093 Tel:413-665-1150

B. Proposed Cleared Guantanamo Detainee Resettlement Plan An interfaith coalition in Tallahassee, Florida, prepared a detailed plan, including housing, jobs, translation services, transportation, medical and dental, counseling, and other aspects of resettlement in order to accept three Uyghur detainees from Guantánamo Bay in their community. This plan, along with another plan prepared by a Uyghur community in Fairfax County, Virginia, were instrumental in Judge Ricardo Urbina's October 2008 ruling that the 17 Uyghur detainees at Guantánamo must be released into the United States. The Obama administration won its appeal of the ruling. We can use this plan as a template for the Berkeley detainee project.

C. Groups which can be called upon to support the Berkeley cleared detainees include Berkeley-based congregations, social services, human rights, torture survivor, peace and justice groups, as well as these organizations:

East Bay Sanctuary Covenant 2362 Bancroft Berkeley CA 94720 510-540-5296

Lutheran Social Services, San Francisco Office 290 8th Street San Francisco, CA 94103 415.581.0891; Fax 415.581.0899

American Friends Service Committee (Quakers) 65 9th Street San Francisco CA 94103 415-565-0201 [email protected]

Center for Justice and Accountability Pamela Merchant, Executive Director, [email protected] 870 Market St Suite 682 San Francisco, CA 94102 T415- 544-0444 F415-544-0456, http://www.cja.org The Center for Justice and Accountability is an international human rights organization dedicated to deterring torture and other severe human rights abuses around the world and advancing the rights of survivors to seek truth, justice and redress. CJA uses litigation to hold perpetrators individually accountable for human rights abuses, develop human rights law, and advance the rule of law in countries transitioning from periods of abuse.

Survivors International Uwe Jacobs, [email protected] [email protected]; 415-546-2080x104, 415-546-2084 703 Market Street #301 San Francisco, CA 94103 www.survivorsintl.org

The Center for Victims of Torture (CVT) CVT is a private, nonprofit,

nonpartisan organization founded in 1985. With headquarters in Minneapolis, Minnesota, and offices in St. Paul, Minnesota and Washington, D.C., CVT also operates healing centers in Jordan, Sierra Leone and the Democratic Republic of Congo. CVT's mission is to heal the wounds of torture on individuals, their families and their communities and to stop torture worldwide. 717 E. River Parkway, Minneapolis, MN 55455, (612) 436-4800 [email protected]

The Human Rights Center, University of California School of Law Eric Stover, Faculty Director and Adjunct Professor of Law and Public Health at UC Berkeley. Camille Crittenden, Executive Director 460 Stephens Hall, #2300, Berkeley, CA 94720-2300 Phone: 510-642-0965; Fax: 510-643-3830; Email: [email protected] The Human Rights Center promotes human rights and international justice worldwide and trains the next generation of human rights researchers and advocates.

Amnesty International USA Western Regional Office 350 Sansome St, Ste 210, San Francisco, CA 94104 phone: (415) 288-1800; fax: (415) 391-3228; 1-866-A- REGION; [email protected]

National Religious Campaign Against Torture (NRCAT, Philadelphia, PA) and local affiliate: Bay Area Religious Campaign Against Torture (BARCAT – Berkeley, CA) Convenor, Louise Specht [email protected] Tens of thousands of people of diverse faith traditions, including evangelical Christians, mainline Protestants, Roman Catholics, Orthodox Christians, Quakers, Unitarians, Muslims, Jews, Buddhists, Sikhs, and Hindus, as well as representatives of over 130 religious organizations, are working together to end U.S.-sponsored torture.

5. Talking Points for Cleared Guantánamo Detainee Resolution A. Why these men? How did they get chosen? No More Guantánamos reviewed the stories of several detainees remaining at Guantánamo to find men whose stories touched them. They first checked with the men’s habeas counsel to ensure they supported the group’s plan on behalf of their clients. Djamel Ameziane is appealing to the international community to offer him protection and the chance to rebuild his life in safety. He needs the protection of a third country to offer him resettlement. The other prisoner, Ravil Mingazov of Russia, has never been charged with a crime and is waiting for a habeas corpus hearing he hopes will clear him for release. B. How did we get their stories? How do you know they’re true? We have used information from a variety of sources, including government documents; lawyers’ reports based on their reviews of government evidence and their interviews of the prisoners and their families and others; NGO reports; and books, articles and blogs. C. Why bring them to Berkeley? Will they be welcome here? We hope so.

Berkeley is a community of open-minded people who question stereotypes and false labels like “the worst of the worst,” so we expect to have an honest and reasoned public dialogue about the resolution, based on facts rather than misinformation and rumor. Berkeley also has welcomed refugees from many countries who are now members of its community. The men would face persecution or death if returned to their home countries, and we see their need for a hospitable place to live as no different than the need of any refugee. We have local service agencies and individuals who we believe would help them settle in. Berkeley has a Muslim community, as well as an international community that includes current and former international students and faculty who have chosen Berkeley as their home. It will be up to the men to decide whether to settle in Berkeley and, if they do move here, how long they stay. D. How is this going to be financed, and what plans do you have for detainees’ care: jobs, homes, health care, mental health care? We will seek donations of money, goods and voluntary services from the community to give the men the necessities, and we would provide them with language and job training so that they can support themselves. If and when Congress lifts the ban on relocating any Guantánamo Bay prisoners in the U.S., it should also approve the funds that President Obama requested to close the facility, which could be used to relocate the cleared prisoners in communities. We know that in the past, local groups offering to host refugees have gathered the necessities for them from volunteers within a few weeks. Even though the current ban would prevent us from hosting any men through September 30, 2010, we have contacted local clergy in our area, who have been supportive, and we are inviting community members to volunteer their time and to make donations if and when the men come. For special needs, such as mental health care for victims outside the area, we have contacted providers outside our community. E. What about contacts with the Muslim community? We are fortunate that there are mosques in the East Bay where the one or two men could worship. F. Why can’t they go home? The detainees fear that they would face torture, imprisonment, and death if they returned to their home countries, based on knowledge of what has happened to others who returned home. G. Why are you doing this? We believe that closing Guantánamo Bay prison with justice is necessary to make the United States and the world safer. Misinformation about the prisoners has prevented the administration from carrying out its plan to resettle at least some of the men within the U.S. If it could do that, other countries would be more willing to help than they are, when the administration’s hands are tied by a congressional ban against resettlement in U.S. communities or prison. By using two men’s stories as examples of the men remaining at Guantánamo, we hope that our community will see these men as individual human beings in need of humanitarian assistance, rather than the false image perpetuated for nearly eight years of faceless, nameless “terrorists.” We are confident that when our community looks at the facts, they will see the men as human beings who deserve fair treatment and a presumption of innocence until proven guilty.

H. What makes you think it will be safe to release them? Two administrations have now had opportunities to scrutinize both men’s current and past records and statements and to examine all allegations that have ever been made against them. Mingazov will not be eligible for release until a federal judge reviews his habeas petition and thoroughly examines any public or classified evidence the government has against him. He will not be released unless the judge finds the government has held him unlawfully and orders his release. Djamel Ameziane, after more than six years, remains imprisoned without charge and, to date, without judicial review of his detention. If Djamel is ever to leave Guantánamo in safety, he needs the protection of a third country to offer him resettlement. I. How can you be sure they won’t be anti-American and angry? Other released detainees have indicated that they do not blame the American people for what our government and the U.S. military has done to them. We believe the men will be grateful to the community for the opportunity to leave Guantánamo and to live freely and rebuild their lives. “Guest Post by Lawrence Wilkerson: Some Truths About Guantanamo Bay,” Washington Note, March 17, 2009,http://www.thewashingtonnote.com/archives/2009/03/some_truths_abo/ H uman Rights Watch, The “Stamp of Guantanamo” The Story of Seven Men Betrayed by Russia’s Diplomatic Assurances to the United States, March 2007, Vol. 19, No.2(D).,http://www.hrw.org/reports/2007/russia0307 J. Why is the government allowing cleared detainees to go? When judges order the men’s release, as they have in 31 of 38 habeas corpus hearings, the government can appeal or release the men. Most of the 70 or so men who have been cleared but not yet released were cleared during the Bush administration. The Obama administration has carefully reviewed their records and those of other detainees, to determine which have committed crimes or engaged in hostilities against the U.S. They have determined that the men pose no danger to the U.S. or its allies K. Where will they live? Who will give them a job? We will not bring the men to our community until we have arranged for the housing, goods and services they will need. We know what is involved in hosting refugees in our community, and some of our members have experience in offering sanctuary to refugees who have stayed in our community. We are in contact with specialists in resettling refugees, service agencies that can provide the services they need, and community members whose donations of time, goods, and temporary housing will help ensure a smooth transition for the men. Regarding employment, the men have good work experience. Djamel Ameziane is college-educated, speaks several languages including French and English, and worked as a supervisor responsible for supplying drinking water and waste disposal. He traveled to Austria, where he worked as a top-paid chef in an Italian restaurant. Mingazov has been learning English while at Guantánamo Bay prison. We are prepared to help the men find English-as-a- Second-Language (ESL) training and job skills training, if needed, to help them qualify for gainful employment.

L. If the government lets them out, will they have any sort of status? If the government releases them to the U.S., they would have immigration status under the Department of Homeland Security and would be permitted to work.

M. What sort of help will they receive from the government? We are not sure. President Obama has asked Congress for $60 million to close Guantánamo Bay prison and to resettle the remaining detainees. Given what the men have suffered, we hope that the men would be given some government assistance with which to rebuild their lives. To date, however, Congress has not awarded any funding for those purposes. On the other hand, the Obama administration has awarded Palau, the island nation that has agreed to accept several Guantánamo Uighur detainees temporarily, a total of $200 million in U.S. foreign aid over a period of several years. (Additional information is available upon request to the City of Berkeley Peace & Justice Commission)

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