Berkeley City Council Agenda Committee Regular Meeting

BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING

TUESDAY, FEBRUARY 16, 2010 2:30 P.M.

6th Floor Conference Room, 2180 Milvia Street Committee Members: Mayor Bates, Councilmembers Gordon Wozniak and Max Anderson

AGENDA

1. Roll Call

2. Public Comment

3. Approval of Minutes: February 1, 2010

4. Review and Action of draft agenda for February 23, 2010 a. 2/23/10 – 5:00 p.m. - Special Worksession – Budget – Refuse Fund review b. 2/23/10 – 7:00 p.m. Regular City Council Meeting

5. Upcoming Council Items: a. Proposed Upcoming Council Workshops b. Items Referred to Agenda Committee for Future or Possible Scheduling 1. Community Choice Aggregation – Worksession - Spring 2010 2. ZAB Appeal: 2421 Ninth Street (Referred at January 19 ,2010 meeting) 3. Panoramic Hill (ESR) Zoning Ordinance Revision (Referred at January 26, 2010 meeting) – Deadline for action- June 2010. 4. Development of Columbaria, and Amending Numerous BMC Chapters (Referred at February 9, 2010 meeting) 6. Land Use Calendar – accept and file 7. Adjournment – next meeting Monday, March 1, 2010

Tuesday, February 16, 2010 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 11, 2010

Deanna Despain, CMC, City Clerk

Tuesday, February 16, 2010 AGENDA Page 2

BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING MINUTES

MONDAY, FEBRUARY 1, 2010 2:30 P.M. 6th Floor Conference Room, 2180 Milvia Street Committee Members: Mayor Bates, Councilmembers Linda Maio and Gordon Wozniak

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 19, 2010

4. Review and Action of draft agenda for January 26, 2010 a. M/S/C (Wozniak/Maio) to approve the agenda for 2/9/10 5:00 p.m. - Special Worksession - Budget b. 2/9/10 – 7:00 p.m. Regular City Council Meeting  Item 2: Revisions to Claim/Refund Ordinance, BMC Section 7.20.020 - removed from agenda  Item 5: Contract No. 7050 Amendment: Berkeley Food and Housing Project – removed from agenda  Item 7: Classification and Salary: Deputy Director Rent Stabilization Program – removed from agenda  Item 17: Modifying the City Website to Encourage Pro-Active Aid Donations – removed from agenda  Item 18: Inflationary Adjustment for Maximum Nonprofit Bingo Prize Value – revised recommendation to “That the Council direct staff to return with an amendment to the…”; moved to Action Calendar  Item 21: Send a Letter Supporting Water Protection and Reinvestment Trust Fund – held over to date uncertain  Addition: February 12, 2010 deadline for Application to the California Redistricting Commission submitted by Councilmember Worthington

5. Upcoming Council Items: a. Proposed Upcoming Council Workshops 1 Recycling Programs b. Items Referred to Agenda Committee for Future or Possible Scheduling 1. Alcohol Fee and Program Ordinance 2. Community Choice Aggregation – Worksession - Spring 2010 3. ZAB Appeal: 2421 Ninth Street (Referred at January 19 ,2010 meeting) 4. Panoramic Hill (ESR) Zoning Ordinance Revision (Referred at January 26, 2010 meeting for scheduling for April council meeting)

6. Land Use Calendar – accepted and filed

Monday, February 1, 2010 MINUTES Page 1

7. Adjournment – 2:52 p.m.

Deanna Despain, CMC, City Clerk

Revised 1/07

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 23, 2010 5:30 P.M. Council Chambers – 2134 Martin Luther King Jr. Way

Roll Call

Public Comment – Items on this agenda only

Worksession:

1. Refuse Fund Review – Overview of Fund Deficit and Challenges From: City Manager Contact: Claudette Ford, Public Works, 981-6300 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 18th day of February, 2010.

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

Date: February 18, 2010 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.

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

Tuesday, February 23, 2010 DRAFT AGENDA Page 2 DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING TUESDAY, FEBRUARY 23, 2010 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, City Clerk, 981-6900. The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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. Lease Agreement: Charles and Theresa Lee, DBA Michelle's Yogurt and Sweets, at 2430 Durant Avenue at the Telegraph Channing Garage Shops From: City Manager Recommendation: Adopt second reading of Ordinance No. 7,128-N.S. authorizing the City Manager to execute a lease agreement with Charles and Theresa Lee, doing business as Michelle's Yogurt and Sweets, for the purpose of a yogurt and sweets shop at 2430 Durant Avenue in the Telegraph Channing Garage Shops for the period April 1, 2010 to March 31, 2015. First Reading Vote: All Ayes Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

2. Settlement of Claim by Gerald Weber From: City Manager Recommendation: Adopt a Resolution approving the settlement of the claim submitted by Gerald Weber in the amount of $42,500. Financial Implications: $42,500 Contact: Zach Cowan, City Attorney, 981-6950

3. Minutes for Approval From: City Manager Recommendation: Approve the minutes for the Council meetings of January 26, 2010 (regular), February 8, 2010 (special closed), and February 9, 2010 (special and regular). Financial Implications: None Contact: Deanna Despain, City Clerk, 981-6900

Tuesday, February 23, 2010. DRAFT AGENDA Page 2 Consent Calendar

4. Donation: The Stephen and Mary Birch Foundation to the Animal Shelter From: City Manager Recommendation: Adopt a Resolution approving a donation to the Animal Shelter in the sum of $10,000 from the Stephen and Mary Birch Foundation. Financial Implications: Animal Shelter Donation Fund - $10,000 (donation) Contact: Phil Kamlarz, City Manager, 981-7000

5. 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: Various Funds - $3,795,000 Contact: Robert Hicks, Finance, 981-7300

6. Classification and Salary: Deputy Director Rent Stabilization Program From: City Manager Recommendation: Adopt a Resolution to establish the Deputy Director Rent Stabilization Program classification in Representation Unit Z-9 with a monthly salary range without steps of $8,629 to $11,340, effective February 21, 2010. Financial Implications: See report. Contact: Dave Hodgkins, Human Resources, 981-6800

7. Agreement: Community Energy Services Corporation From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source agreement with the Community Energy Services Corporation for the period March 1, 2010 through June 30, 2011 in the amount of $60,236, for administration of the Smart Solar program. Financial Implications: ARRA Stimulus Fund - $60,236 Contact: Dan Marks, Planning and Development, 981-7400

8. Increase Purchase Order for Evidence Testing From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to increase FY 2010 Purchase Order No. 77845 to Alameda County Criminalist Laboratory by $25,000 for evidence testing and analysis services provided in FY 2010 as expenditures exceed the $25,000.00 purchase limit currently authorized. Financial Implications: General Fund - $25,000 Contact: Michael K. Meehan, Police Chief, 981-5900

Tuesday, February 23, 2010 DRAFT AGENDA Page 3 Consent Calendar

9. Contract No. 8042 Amendment: Page + Moris, LLC From: Board of Library Trustees Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8042 with Page + Moris, LLC by increasing the expenditure authority by $10,000 in an amount not to exceed $60,000 for the provision of library service/building program consulting services for the branch library bond program. Financial Implications: Measure FF Fund - $10,000 Contact: Donna Corbeil, Library, 981-6100

Council Consent Items

10. Extend the Housing Trust Fund Allocation for 1200 Ashby From: Councilmember Moore Recommendation: That the Berkeley City Council extends the Housing Trust Fund reservation allocated to 1200 Ashby at the July 23, 2009 City Council meeting. Financial Implications: See report Contact: Darryl Moore, Councilmember, District 2, 981-7120

11. Buy Local Preference From: Councilmember Moore Recommendation: Direct the City Manager to explore ways in which to improve our current Buy Local Preference. Financial Implications: See report Contact: Darryl Moore, Councilmember, District 2, 981-7120 12. City Manager Referral: Request for Report on FUND$ From: Councilmembers Capitelli, Moore, Wengraf and Wozniak Recommendation: Request that the City Manager present a status report to City Council on plans for the replacement of FUND$. A cost/benefit analysis with regard to security issues as well as functionality should be included. In addition, a transition plan to implement a modern financial system and a timetable for implementation should be addressed. Defer to the budget discussion implementation of a new system based on the City Manager's report. Financial Implications: Significant Contact: Councilmember Gordon Wozniak Council District 8 510-981-7180; Councilmember Susan Wengraf Council District 6 510-981-7160

13. Send a Letter Supporting the Amendments to the Water Protection and Reinvestment Trust Fund From: Councilmember Worthington Recommendation: Send letters urging Congresswoman Barbara Lee, Senator Barbara Boxer, and Diane Feinstein to support the creation of a Water Protection and Reinvestment Trust Fund and amendments to the Trust Fund bill (H.R. 3202). Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Tuesday, February 23, 2010 DRAFT AGENDA Page 4 Council Consent Items

14. Support the Elimination of Mobile Billboard Advertising Within the City From: Councilmember Worthington Recommendation: Refer the City Manager to consider drafting an ordinance banning mobile billboards as an outlet of advertising upon any public place within the city. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170

15. American Relief Efforts in Haiti From: Councilmember Worthington Recommendation: Adopt a Resolution officially urging President Barack Obama and his administration to make certain concessions regarding Haitian policy; primarily, to commit to prioritize aid and relief over military intervention in the wake of the recent earthquake to hit the nation of Haiti. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170

16. Support Dawn Johnsen's Nomination to the U.S. Office of Legal Counsel From: Councilmember Worthington Recommendation: Send a letter asking U.S. Senators Barbara Boxer and Diane Feinstein to actively support the confirmation of Dawn Johnsen to the post of Head of the U.S. Office of Legal Counsel (OLC), and send a letter to President Barack Obama thanking him for his continued support and re-nomination of Johnsen. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170

17. Formation of Inter-Agency Liaison Committee with Alameda Contra-Costa Transit District (“AC Transit”) From: Councilmember Worthington Recommendation: Create a special committee of no more than three (3) council members and request the city manager to appoint various city staff members to meet with AC Transit officials on a quarterly basis. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170

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.

Tuesday, February 23, 2010 DRAFT AGENDA Page 5 Action Calendar – Appeals 18. ZAB Appeal: 1630 Capistrano Avenue From: City Manager Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit (AUP) No. 09-20000072 to allow the establishment of one (1) uncovered off-street parking space within the required rear yard setback of a property with an existing single-family dwelling. Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400 Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue. 19. Pools From: City Manager Recommendation: (placeholder)r Financial Implications: Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700 Action Calendar – Old Business

20. Universal and Unconditional Amnesty for Iraq, Afghanistan and Pakistan War Military Resisters and Veterans (continued from 1/19) From: Peace and Justice Commission Recommendation: At its meeting on November 2, 2009, the Peace and Justice Commission unanimously approved the following recommendation: Adopt a Resolution requiring the City of Berkeley to call for and support universal and unconditional amnesty for Iraq, Afghanistan and Pakistan war military resisters and veterans. Financial Implications: Contact: Eric Brenman, Commission Secretary, 981-5100 Action Calendar – New Business 21. ZAB Certification: 3095 Telegraph Avenue From: City Manager Recommendation: Adopt a Resolution: 1 Certifying the Zoning Adjustments Board's (ZAB) action regarding Administrative Use Permit No. 09-20000161, for the project at 3095 Telegraph Avenue, for review by the Council, and 2 Set this matter for hearing on March 23, 2010. Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400

Tuesday, February 23, 2010 DRAFT AGENDA Page 6

Council Action Calendar

22. Approve a Resolution to Rescind Resolution 64,581-N.S. Adopting Findings for the Downtown Area Plan From: Mayor Bates Recommendation: That the Berkeley City Council approve a resolution to rescind Resolution 64,581-N.S., adopting findings for the Downtown Area Plan regarding environmental impacts, mitigation measures, alternatives, overriding consideration, and other matters in accordance with the California Environmental Quality Act, a mitigation monitoring and reporting program, the Downtown Area Plan and associated amendments to the General Plan to incorporate the Downtown Area Plan, approved by Berkeley City Council on July 14, 2009. Financial Implications: None Contact: Tom Bates, Mayor, 981-7100

23. Discussion of Proposed Revisions to the Downtown Area Plan including Building Heights, Provisions of Public Benefits by Developers and Developmental Feasibility From: Mayor Bates Recommendation: In the event that the City Council rescinds the Downtown Area Plan (Resolution 64,581-N.S.), discuss the proposed revisions to the Downtown Area Plan (DAP) building heights, provision of public benefits by developers, and developmental feasibility, and request the City Manager to return to City Council with staff analysis and recommendations for action. Financial Implications: Staff time Contact: Tom Bates, Mayor, 981-7100 Information Reports

24. Lennard Davis v. City of Berkeley - Alameda County Superior Court Case No. RG07 317975 From: City Manager Contact: Zach Cowan, City Attorney's Office, 981-6950

25. Investment Report: Quarter Ended December 31, 2009 From: City Manager Contact: Robert Hicks, Finance, 981-7300

26. Six Month Status Update: Grants Awarded Through the American Recovery and Reinvestment Act of 2009 From: City Manager Contact: Jane Micallef, Housing, 981-5400

27. Measure WW Project Applications From: City Manager Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Tuesday, February 23, 2010. DRAFT AGENDA Page 7

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.

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 23, 2010. DRAFT AGENDA Page 8

Board of Library Trustees CONSENT CALENDAR February 23, 2010

To: Honorable Mayor and Members of the City Council From: Board of Library Trustees Submitted by: Donna Corbeil, Director of Library Services Subject: Contract No. 8042 Amendment: Page + Moris, LLC

RECOMMENDATION Adopt a Resolution authorizing the City Manager to amend Contract No. 8042 with Page + Moris, LLC by increasing the expenditure authority by $10,000 to an amount not to exceed $60,000 for the provision of library service/building program consulting services for the branch library bond program.

FISCAL IMPACTS OF RECOMMENDATION Following City Council approval, the contract scope will be amended to include additional consulting services specifically related to further incorporating library programming objectives into the design of the branch library facilities. A contract amendment will be submitted to the City Manager for execution increasing the contract authorized amount from $50,000 to the project’s budgeted set-aside amount of $60,000. No change to the contract term through December 31, 2011 is proposed. Funding for these tasks of the program is available through Measure FF in budget code 308-9301-450.65-70 = $60,000. The CMS number for this amendment request is XTNLN.

CURRENT SITUATION AND ITS EFFECTS The consultant firm of Page + Moris, LLC is providing library programming services through the conclusion of the architectural design phase of the Branch Library Improvement Program. Integral to these services the consultant is participating in project related meetings and is developing documents according to the work plan specified in the contracted scope of services. In conjunction with the performance of these contracted services the Library seeks to engage additional services encompassing meetings to provide specialized programming expertise in reviewing layout and general plans; forums to present and explain the program on an as-needed basis to architectural design teams, staff, and the public; and to advise on functional

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 Contract No. 8042 Amendment: Page + Moris, LLC

and operational issues, spatial relationships, and other matters relating to library services in the branch facilities. Public and staff participation in the design process is critical to the success of the project. Engaging the consultant to attend and facilitate additional meetings will assist in ensuring that the public and the design teams have a comprehensive and informed understanding of the Library’s program and service goals applicable to a facility’s building design. The consultant will also provide additional plan review services to ensure that layout and design are aligned with the Library’s building program requirements. An amendment is needed to authorize compensation for expenditures above the Library Director’s $50,000 approval limit for personal services contracts. Billing will be at the existing contracted hourly rate on an as-needed basis.

BACKGROUND On June 1, 2009 the Library entered into Contract No. 8042 with Page + Moris, LLC for a not-to-exceed amount of $50,000 for the period from July 5, 2009 through December 31, 2011. On January 13, 2010 under Resolution No. 10-08 the Board of Library Trustees recommended to the City Council to grant authorization to the City Manager to execute an amendment to Contract No. 8042 in an amount of $10,000 for a revised not-to- exceed amount of $60,000 for the provision of additional library programming services for the Measure FF funded Branch Library Improvement Program.

RATIONALE FOR RECOMMENDATION The City does not have the internal resources or staff expertise necessary to perform the specialized services required to complete this portion of the design planning process of which four separate branch library program plans will have been produced, one for each library project. While staff has some experience in library renovation and construction, the consultant possesses a greater breadth of similar project experience and extensive specialized expertise and knowledge unavailable from other internal sources. In addition, Page + Moris possess professional facilitation and meeting management skills needed to work efficiently and effectively in a public setting. And, while the number of meetings was estimated at the beginning of the program the actual and projected number of public and branch staff internal meetings has since increased. It would be advantageous to the project’s success to have the consultant attend these meetings. In addition, a contingency was not included in the initial contract; the additional allowance will create a 20% contingency to be used as needed.

ALTERNATIVE ACTIONS CONSIDERED No alternative is recommended. Engaging another consultant to complete the work would likely result in substantial program delays. The current consultant has worked efficiently and effectively meeting prescribed timelines and is best situated to complete the additional work – which is aligned with the original contract scope of services. The

Contract No. 8042 Amendment: Page + Moris, LLC request for additional meetings, facilitation, and document review is to further ensure public and staff participation in the planning/design phase and to assure that the programmatic needs of the Library are satisfactorily met.

CONTACT PERSON Donna Corbeil, Director, Library Services, 981-6195

Attachment: 1. Resolution 2. Board of Library Trustees Resolution No. R-10-08

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

CONTRACT NO. 8042 AMENDMENT: PAGE + MORIS, LLC.

WHEREAS, on June 1, 2009 the Library entered into Contract No. 8042 with Page + Moris, LLC for library programming services for a not-to-exceed amount of $50,000 for the period from July 5, 2009 through December 31, 2011; and

WHEREAS, on January 13, 2010 under Resolution No. 10-08 the Board of Library Trustees recommended to the City Council of the City of Berkeley to grant authorization to the City Manager to execute a contract amendment in an amount of $10,000 for a revised not-to-exceed amount of $60,000 for the provision of additional library programming services; and

WHEREAS, the Library seeks to engage the consultant in additional services encompassing meetings to provide specialized programming expertise in reviewing layout and general plans; forums to present and explain the program on an as-needed basis to architectural design teams, staff, and the public; and to advise on functional and operational issues, spatial relationships, and other matters relating to library services in the branch facilities; and

WHEREAS, the cost for these additional services related to the Branch Library Improvement Program will be performed at currently contracted hourly rates and is estimated at $10,000 for a revised total contract amount not-to-exceed $60,000; and

WHEREAS, funds are available from Measure FF in budget code 308-9301-450.65-70, and the CMS number is XTNLN.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley hereby authorizes the City Manager to execute an amendment to Contract No. 8042 with Page + Moris, LLC to a not-to-exceed amount of $60,000 for the period from July 5, 2009 through December 31, 2011.

City Council Darryl Moore Councilmember District 2 CONSENT CALENDAR February 23, 2010

To: Honorable Mayor and Members of the City Council

From: Councilmember Darryl Moore

Subject: Extend the Housing Trust Fund Allocation for 1200 Ashby

RECOMMENDATION: Extend the Housing Trust Fund reservation allocated to 1200 Ashby at the July 23, 2009 City Council meeting.

BACKGROUND: On July 24, 2009, the City Council voted (7-1-1) to approve (denying the appeal) Ashby Arts, a 98-unit permanently affordable senior citizen housing project located at 1200 Ashby Avenue (the southeast corner of Ashby and San Pablo Avenues). The proposed project is a LEED-certified, transit-oriented infill development that will bring much needed change to this important Berkeley gateway intersection.

At the time of that approval the Council voted (9-0-0) to grant the project a $1,381,450 Housing Trust Fund (HTF) loan after City staff identified two sources to pay for these funds, the sale of one property and the proceeds from foreclosure proceedings of another. As previously demonstrated the proposed project provides more amenities for less City subsidy than any non-profit projects ever has. Resolution No. 64,595-N.S. allocated these funds conditioned upon Ashby Arts receiving a reservation of 9% Low Income Housing Tax Credits by September 9, 2009 and automatically expired on October 30, 2009, if it did not. The City routinely extends funding commitments for projects such as this, sometimes for years at a time. Unwarranted delay will cause the project to miss critical state and federal funding submittal deadlines.

The first deadline to submit for a tax exempt bond allocation to the California Debt Limit Allocation Committee (CDLAC) is March 26, 2010. To succeed on this track, the project will need the reallocation of the HTF by February 16, 2010. The applicants have met with City staff to answer questions about project financing and the timing of bond application. The applicants have also provided a current appraisal of the property and additional project financing information. The HTF loan, when paired with the 87 project based Section 8 vouchers, makes the project extremely competitive for both CDLAC and the 4% California Tax Credit Allocation Committee (TCAC) processes of 2010.

2180 Milvia Street . Fifth Floor . Berkeley . CA . 94704 . TEL: (510) 981-7120 . FAX: (510) 981-7122 WEB: www.ci.berkeley.ca.us

It should be noted that the Housing Department is currently processing a Request for Proposals to allocate $1.4 million in HOME funds that must be committed by August 31, 2010. Those funds are independent of the funds committed to Ashby Arts. The applicants have met with City staff who are aware of the project’s plans for financing the project via 4% tax credits and tax-exempt bonds.

The project’s sponsors, Ali Kashani and Mark Rhoades, have requested a one year extension of the HTF allocation in order to pursue the 2010 rounds of CDLAC and TCAC financing. As previously indicated, the project’s loan came due this month (February 2010) but the applicant’s have successfully obtained an extension on that loan.

There are a number of reasons that the City should extend the HTF allocation for Ashby Arts.

 This is a good project at an important location. The project will provide a strong architectural entry statement to the city and aid in the revitalization of the neighborhood.

 This is the lowest HTF request per unit the City has ever received. Typical affordable housing projects request more than $76,000 of HTF money per unit on average (more than $62,000 per unit less than Ashby Arts). A typical affordable housing project would need nearly $7,500,000 in HTF funds for 98 units.

 The Ashby Arts applicants made an extraordinary gesture to the City of Berkeley in order to secure the HTF allocation. They provided personal financial guarantees for the loan. This has never been done by an HTF receiver in Berkeley.

 The City of Berkeley regularly and typically allows extensions that go from one to several years for an HTF allocation.

 Ali Kashani has completed 15 similar projects on time and under budget, many of which are located in Berkeley.

The project will provide a dedication along Ashby Avenue that allows for a new intersection configuration to alleviate the City’s longstanding traffic congestion issues at San Pablo Avenue.

FINANCIAL IMPLICATIONS: None. Funds have already been allocated

CONTACT PERSON: Councilmember Darryl Moore, District Two 981-7120

Recent Housing Trust Fund Allocations – City of Berkeley

Project Developer # Units HTF $ HTF $ per Unit Received 2009 Ashby Arts CityCentric 98 1,381,450 14,096 ASHBY ARTS HTF PER UNIT REQUEST $14,096 2008 Oxford Plaza* RCD 96 1,274,258 94,104 Ashby Lofts** AHA 43,753 46,031 2007 Oxford Plaza* RCD 96 2,707,741 * 2006 Oxford Plaza* RCD 96 1,760,000 * Ashby Lofts** AHA 54 1,955,964 ** Helios Corner**** Satellite 79 1,444,672 51,337 2005 Oxford Plaza* RCD 96 120,000 * 2004 Oxford Plaza RCD 79 2,200,000 * M. Breland Jubilee 27 450,000 104,008 Sacramento AHA 40 727,072 53,176 Senior***** UNA****** AHA 27 529,133 99,084 2003 M. Breland *** Jubilee 27 1,252,108 *** Ursula Sherman BOSS 7 600,250 85,750 1419 Ashby NCLT 4 220,000 55,000 Helios Corner Satellite 79 1,900,000 **** 2002 Sacramento AHA 40 1,400,000 ***** Senior***** M. Breland *** Jubilee 27 863,108 *** 3222 Adeline RCD 19 1,887,474 99,340 UNA****** AHA 27 1,903,141 ******

AVERAGE NON-PROFIT HTF PER UNIT ALLOCATION $76,400 * Oxford Plaza/RCD has received at least $8,161,999 + @$864,000 (fee waivers) for $94,104 per unit ** Ashby Lofts/AHA received $1,999,717 + @$486,000 (fee waivers) for $46,031 per unit *** Breland Homes/Jubilee received a total of $2,565,216 + @$243,000 (fee waivers) for $104,008 per unit **** Helios Corner/Satellite received a total of $3,344,672 + @$711,000 (fee waivers) for $51,337 per unit. ***** Sacramento Senior Homes/AHA received a total of 2,127,072 + @$360,000 (fee waivers) for $53,176 per unit ****** UNA/AHA received a total of $599,619 + @$243,000 (fee waivers) for $99,084 per unit.

CiTy COuncil Darryl Moore Councilmember District 2 CONSENT CALENDAR February 23, 2010

To: Honorable Mayor and Members of the City Council

From: Councilmember Darryl Moore

Subject: Buy Local Preference

RECOMMENDATION: Direct the City Manager to explore ways in which to improve our current Buy Local Preference.

BACKGROUND: The City of Berkeley extends a 5% preference on bids to local business enterprises for supplies, equipment and nonprofessional services from $100 to $25,000. Bids received from local vendors will be reduced by the applicable percentage before an evaluation is made to determine the lowest responsible bidder. After this determination is made, an award will be recommended in the amount shown in the vendor’s bid. For example, a local business bidding $1,000 for a pencil contract to the City would be evaluated as if it had bid $950. If the bid is awarded to the local business, it is paid the bid price of $1,000.

The “Buy Local Preference” policy is designed to focus expenditures from the City to nurture local businesses. While this is an admirable goal, the way in which the current system is designed does not incorporate an informational infrastructure to make this policy function the way it was intended. There are several areas that could make it much easier to ensure that the city is complying with the policy and would also make the policy much more effective.

One glaring gap that currently exists is that there is no “back-end” data collection, ie. who is ultimately awarded these contracts, whether or not they are local businesses, etc. This type of data would make inreach and outreach efforts (inreach meaning interfacing with other city departments and outreach meaning interfacing with vendors throughout the city) much more effective by showing where unmet needs might exist.

Another method of improving Berkeley’s Buy Local Preference would be to determine what types of commodities and services are being purchased by the City compared to

2180 Milvia Street . Fifth Floor . Berkeley . CA . 94704 . TEL: (510) 981-7120 . FAX: (510) 981-7122 WEB: www.ci.berkeley.ca.us the commodities and services that are available locally so that public dollars could be leveraged to most effectively to stimulate Berkeley’s economy.

It is recommended that the City Manager explore various methods of improving our existing Buy Local Preference policy, including those outlined above, to make the policy more effective and to generate usable data that would allow the City to evaluate how the policy is working.

FINANCIAL IMPLICATIONS: Although exact data is unavailable, due to some of the factors mentioned above, the City would be able to capture 1% of any taxable sales. There is also the Local Multiplier Effect (LME) that is more difficult to determine, but presumably some portion of those dollars being recycled into the local economy would be taxable sales, which would add to tax revenues.

CONTACT PERSON: Councilmember Darryl Moore, District Two 981-7120

Laurie Capitelli, District 5 Darryl Moore, District 2 Susan Wengraf, District 6 Gordon Wozniak, District 8 CONSENT CALENDAR February 23, 2010

To: Honorable Mayor and Members of the City Council From: Councilmembers Capitelli, Moore, Wengraf & Wozniak Subject: City Manager Referral: Request for Report on FUND$

RECOMMENDATION Request that the City Manager present a status report to City Council on plans for the replacement of FUND$. A cost/benefit analysis with regard to security issues as well as functionality should be included. In addition, a transition plan to implement a modern financial system and a timetable for implementation should be addressed. Defer to the budget discussion implementation of a new system based on the City Manager’s report.

FINANCIAL IMPLICATIONS Significant

BACKGROUND In 1994, the City of Berkeley started using the FUND$ system. Now in 2010, FUND$ is an outdated expensive system to operate and is notoriously user unfriendly. It lacks many of the tools and features required to effectively manage the COB budget. Issues regarding security and functionality have been identified as problematic in audits over the past sixteen years. These problems remain outstanding and unresolved.

The cost of replacing the system has been estimated at $10 million. As a result of the enormous financial cost, the City has delayed purchase of a new program.

This item requests a report on the status and current plans to replace FUND$.

CONTACT PERSON

Councilmember Gordon Wozniak Council District 8 510-981-7180 Councilmember Susan Wengraf Council District 6 510-981-7160

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● 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 23, 2010

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

Subject: Send Letters Supporting the Amendments to the Water Protection and Reinvestment Trust Fund

RECOMMENDATION Send letters urging Congresswoman Barbara Lee, Senator Barbara Boxer, and Diane Feinstein to support the creation of a Water Protection and Reinvestment Trust Fund and amendments to the Trust Fund bill (H.R. 3202).

BACKGROUND According to Food and Water Watch, the Water Protection and Reinvestment Trust Fund is designed to support and protect our public water systems and the Trust Fund bill would allow funds to be used only for projects of public utilities. The Trust Fund would provide a dedicated federal funding source to protect our essential water resources. It is also vital that the Trust Fund support only our public water system, not private water companies. For systems that are currently private, trust fund money should be available to local governments to support the remunicipalization of private systems.

The American Society of Civil Engineers has given a D- to the U.S. water and wastewater infrastructure. Our water system is in desperate need of repair. It is imperative that the City of Berkeley support the Trust Fund. Water is a Human Right and Public Good.

FINANCIAL IMPLICATIONS None.

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 23, 2010

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

Subject: Support the elimination of mobile billboard advertising within the city

RECOMMENDATION Refer the City Manager to consider drafting an ordinance banning mobile billboards as an outlet of advertising upon any public place within the city.

BACKGROUND The intention of this item is to deter advertising from public spaces in order to address concerns for public safety, sustain the environment by reducing air pollution, and maintain the aesthetic appearance of the city. Cities such as West Hollywood and Austin have adopted such ordinances with concerns for potential street distractions and citywide clutter that contribute to a number of hazards; copies of ordinances and related litigation have been provided to the City Manager and City Attorney for review.

Mobile advertising has recently risen as a marketing device on wheels to target consumers. A vehicular advertising device is defined as any sign, writing, picture, poster, painting, notice, bill, model, display, symbol, emblem, or similar device, which is so designed that it draws the attention of person in any public street, roadway, or other public place.

On September 9, 2008, the Court of Appeal in the Second District, Division 1, of California upheld the City of West Hollywood ordinance. They found that the ordinance was content-neutral, served a significant government interest while narrowly tailored, and did not deprive association of alternative channels for communication.

This action step is not to limit the right to freedom of speech as emphasized by prohibiting only vehicles, or wheeled conveyances/trailers which carries, conveys, pulls, or transports any sign or billboard for the primary purpose of advertising a business or entity that is independent to the owner of the vehicle’s primary business. There are a plethora of avenues to advertise and this ordinance would simply prohibit mobile billboards in the interest of the public and its government, while preserving the constitutional rights of advertisers.

FINANCIAL IMPLICATIONS None.

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 23, 2009

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

Subject: American relief efforts in Haiti

RECOMMENDATION Adopt a Resolution officially urging President Barack Obama and his administration to make certain concessions regarding Haitian policy; primarily, to commit to prioritize aid and relief over military intervention in the wake of the recent earthquake to hit the nation of Haiti.

BACKGROUND President Obama has promised that the “people of Haiti will have the full support of the United States in the urgent effort to rescue those trapped beneath the rubble, and to deliver the humanitarian relief”. However, U.S. military response and intervention has largely taken priority over providing relief and aid to the Haitians.

Similarly, Haitians have asked for the return of exiled former president Jean-Bertrand Aristide to Haiti, in order for him to assist in rebuilding the nation. The Resolution takes this into consideration and compels President Obama to work to return Mr. Aristide to Haiti.

FINANCIAL IMPLICATIONS None.

CONTACT PERSON Councilmember Kriss Worthington 510-981-7170

Attachment: 1: Resolution RESOLUTION NO. ##########

COMPELLING THE PRESIDENT OF THE UNITED STATES OF AMERICA TO PRIORITZE GIVING OF AID OVER MILITARY INTERVENTION IN RELIEF EFFORTS TO THE COUNTRY OF HAITI, AND TO RETURN ARISTIDE TO HAITI

WHEREAS, President Barack Obama has promised that the “people of Haiti will have the full support of the United States in the urgent effort to rescue those trapped beneath the rubble, and to deliver the humanitarian relief”; and

WHEREAS, instead of delivering on this commitment, the U.S. military response has taken priority; and

WHEREAS, compelling testimony from humanitarian organizations on the ground demonstrates that U.S. military actions have prevented them from using airports to bring in relief supplies, to no clear security purpose; and

WHEREAS, the main demand by the majority of Haitians continues to be for the immediate return of former President Jean-Bertrand Aristide to Haiti.

NOW THEREFORE BE IT RESOLVED that the Council of the City of Berkeley call upon the Administration of President Barack Obama to guarantee the following:

• A public commitment to prioritize distribution of vital aid—in the form of supplies and personnel such as food, water, medical equipment and staffers, and shelter—over the existing American priority of deployment of military personnel and equipment. This involves, in part, that President Obama instruct U.S. Marines to halt interference with relief/rescue efforts made by aid workers, and instead assist in the distribution and delivery of such provisions as foodstuffs and potable water.

• A public commitment to deliver aid, as listed above, without delay to areas that have yet to be delivered urgently needed supplies, and reaffirmed commitment to aid populations which are already being served provisions.

• A public commitment to prevent further death and disease—due to such factors as dehydration, infection and starvation—by quickly pursuing relief efforts described above.

• A public commitment to work with any government and/or civil organizations that are willing and capable of delivering needed services and resources. Haitian public coordination in relief efforts, as well as long term rebuilding efforts, is also encouraged.

• The Administration should publicly affirm to the world that these aforementioned resolutions shall be the priority in providing relief to the country of Haiti, and shall be the next steps in relation to Haitian relief efforts.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley direct the City Clerk to send copies of this resolution to President of the United States Barack Obama, U.S. Secretary of State Hillary Clinton, U.S. Speaker of the House of Representatives Nancy Pelosi, U.S. Senator Barbara Boxer, U.S. Senator Dianne Feinstein, and U.S. Congressperson Barbara Lee.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley ask President Obama and Secretary of State Clinton to support the will of the Haitian people in facilitating the return of former president Jean-Bertrand Aristide, who has asked that he be allowed to play a humanitarian role in the efforts to aid Haiti in the wake of the recent devastating earthquake.

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 23, 2010

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

Subject: Support Dawn Johnsen’s nomination to the U.S. Office of Legal Counsel

RECOMMENDATION Send a letter asking U.S. Senators Barbara Boxer and Diane Feinstein to actively support the confirmation of Dawn Johnsen to the post of Head of the U.S. Office of Legal Counsel (OLC), and send a letter to President Barack Obama thanking him for his continued support and re-nomination of Johnsen.

BACKGROUND Dawn Johnsen has been twice nominated by President Obama to the position of Head of the OLC. Her current nomination, announced by the Obama camp in early January 2010, faces obstruction by Senate members who criticize her associations with the progressive organization NARAL (National Abortion & Reproductive Rights Action League) Pro-Choice America, and onetime comments regarding the efficacy of the OLC. Her previous nomination by President Obama, made in 2009, was delayed by the Senate until the end of their session due to similar criticisms. The President’s confidence in Johnsen as a nominee is exemplified by his re-nomination of Johnsen, despite his initial nomination of her being delayed by the Senate to the point where no action was made on her nomination.

Johnsen’s record of public service extends far and wide. Johnsen’s qualifications for the position in question are assuredly ample, after decades spent not only working in varied positions in the OLC, but additionally with a long record of public servitude outside of the OLC. Most notably, she served as legal counsel to NARAL Pro-Choice America, and as both Deputy Assistant Attorney General and Acting Assistant Attorney General at the OLC. She currently is a professor of Constitutional law at the Maurer School of Law at University of Indiana.

FINANCIAL IMPLICATIONS None.

CONTACT PERSON Councilmember Kriss Worthington 510-981-7170

Dear Senators Boxer and Feinstein,

The City of Berkeley encourages that you actively support the confirmation of Dawn Johnsen as Head of the Office of Legal Counsel at the Justice Department.

Dawn Johnsen, twice nominated by President Barack Obama to this post, is eminently qualified for the position after decades spent working in varied positions in the OLC, as well as a long record of public service outside of the OLC. Johnsen is currently a faculty member at the University of Indiana’s law school, the Maurer School of Law, where she is a professor of Constitutional law. Johnsen received her undergraduate degree at Yale University in 1983, summa cum laude, and went on to earn her J.D. at Yale Law School in 1986. Following graduation from Yale Law, Johnsen worked as a clerk for United States Appeals Court Judge Richard Dickson Cudahy of the United States Court of Appeals for the Seventh Circuit until 1987. Johnsen then fellowed for a year as a staff counsel at the American Civil Liberties Union. She then went on to serve, until 1993, as legal counsel to the then-called National Abortion & Reproductive Rights Action League (NARAL), now known as NARAL Pro-Choice America. At the OLC, Johnson took on the roles of Deputy Assistant Attorney General and, later, Acting Assistant Attorney General, giving her experience in the office in which she recently became nominated to head. In 2009, Johnsen was nominated by President-Elect Obama to this same position, and was approved by the Judiciary Committee before her nomination was sent to the Senate for confirmation. However, major delays occurred in the Senate in confirming her appointment; eventually, the Senate’s session for the year ended without having acted on the nomination.

President Obama has shown great confidence in Ms. Johnsen’s legal abilities and dedication to public service by re-nominating her for the position—however, her nomination appears once again to be obstructed from confirmation. This obstruction, both now and in 2009, arises largely out of distaste for Johnsen’s onetime criticisms of the OLC during former President George W. Bush’s administration, and her stances on abortion rights and reproductive freedom. Johnsen’s qualifications for the position are obviously apparent, and her appointment to the position of Head of Legal Counsel has been unfairly stalled for too long.

Please do whatever is possible to actively advocate confirmation of Dawn Johnsen to her nominated post as Head of the Office of Legal Counsel in the Justice Department. The City of Berkeley respectfully urges you to do so, and we thank you for your time and consideration of this plea.

Dear Mr. President,

The City of Berkeley, California, would like to thank you deeply for your continued support of Dawn Johnsen as your nominee to the position of Head of the Office of Legal Counsel (OLC) in the Justice Department.

Your re-nomination of Johnsen demonstrates great confidence in Ms. Johnsen as the most qualified person for the position. She is an impressive candidate and we applaud your decision to stand by her as your desired nominee.

We see Johnsen as an excellent candidate for the position, based not only on her grasp of Constitutional law and execution thereof, but her previous experience in working in the OLC in two different capacities. We need not extol her virtues and previous positions to you, but suffice it to say that her record of public service amply demonstrates in and of itself her abilities as a leader and legal expert.

Whereas most politicians, presidential or otherwise, would back down and give up supporting their original candidates for any nominated position after a onetime defeat or delay in confirmation (as Johnsen was in the Senate’s last session), we find your re- nomination of Johnsen refreshing. Continued belief in a nominee speaks volumes about the nominee, and we thus are glad to know you do honestly believe Johnsen to be the right person for the job.

Our appreciation for you for standing by your nominee is great; thank you for demonstrating to us and the nation that you have faith in her capacity to serve the country well as Head of the OLC. You have the City of Berkeley’s utmost respect.

With gratitude, The City of Berkeley’s Councilmembers

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 23, 2010

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

Subject: Formation of Inter-Agency Liaison Committee with Alameda Contra-Costa Transit District (“AC Transit”)

RECOMMENDATION Create a special committee of no more than three (3) council members and request the city manager to appoint various city staff members to meet with AC Transit officials on a quarterly basis.

BACKGROUND AC Transit has Inter-agency Liaison Committees with cities in its operating area. These committees meet once a quarter (or three times a year) and consist of at least two AC Transit Board Members, AC Transit service planning staff, a couple of council members as well as various city staff members that are responsible for transit issues. The Committee’s purpose is to serve as a vehicle for city officials to express their concerns about AC Transit service and allow AC Transit to adjust its service in a manner that comports with such concerns. It also gives AC Transit a chance to work with city officials on issues that affect the city.

Currently, the city of Berkeley is one of only two cities that have yet to participate in these committee meetings with AC Transit.

FINANCIAL IMPLICATIONS None.

CONTACT PERSON Councilmember Kriss Worthington 510-981-7170

Peace and Justice Commission

CONSENT CALENDAR January 19, 2010

To: Honorable Mayor and Members of the City Council From: Peace and Justice Commission Submitted by: Eric Brenman, Secretary, Peace and Justice Commission Subject: Universal and Unconditional Amnesty for Iraq, Afghanistan and Pakistan War Military Resisters and Veterans

RECOMMENDATION At its meeting on November 2, 2009, the Peace and Justice Commission unanimously approved the following recommendation:

Adopt a Resolution requiring the City of Berkeley to call for and support universal and unconditional amnesty for Iraq, Afghanistan and Pakistan war military resisters and veterans.

M/S/C: (Meola, B./Lippman, G.)

Ayes: Bohn, D.; Brody, D.; Kenin, W.; Lippman, G.; Litman, J.; Maran, R.; Marley, J.; Meola, B.; Nicely, M.; Sherman, M.; Sorgen, P.

Noes: None.

Abstain: None.

Absent: Wornick, J. (excused)

FISCAL IMPACTS OF RECOMMENDATION None.

CURRENT SITUATION AND ITS EFFECTS Although accurate figures for the number of military personnel who have been classified as Absent Without Leave (“AWOL”), Unauthorized Absence (“UA”), or deserters since 9/11 are not available, the estimates range in the tens of thousands. While it would take a Freedom of Information Act Request to obtain AWOL statistics from the Pentagon,

Universal and Unconditional Amnesty for Iraq, CONSENT CALENDAR Afghanistan and Pakistan War Military Resisters and Veterans December 15, 2009

counselors who speak with AWOL military personnel estimate that the percentage of AWOL personnel has more than doubled, from approximately .85% before 9/11 to 1.7 to 1.9% of the current 2.3 million military personnel (or forty-some thousand AWOLS).

Due to an increase in the overall numbers of persons in the military, the number of AWOL persons has greatly increased in recent years. Many of these, mostly soldiers and marines, but including some sailors, air men and women and coast guard personnel, have stated that they came to see the wars as illegal and/or immoral. Such stories have been commonly expressed to counselors on the GI Rights Hotline (girightshotline.org) over the years and many public resisters have sought assistance from Oakland, California based Courage to Resist and their stories are available at couragetoresist.org. Courage to Resist has assisted approximately 250 public war resisters, about a dozen of which have been charged with speech offenses, and it has counseled approximately 750 more AWOL personnel who have not gone public with their war resistance. Some who have gone AWOL have, like soldiers during the Vietnam War, gone to Canada to live. Kimberly Rivera, Jeremy Hinzman and Robin Long are just a few who have gone to Canada. Some, like Robin Long, have also since been deported from Canada.

A specific example of the burden this current military and civilian policy places on U.S. war resisters and veterans is illustrated by Army Spc. Kimberly Rivera who, while home on leave in January 2007, made the life changing decision that she would not be returning to the Iraq War. She felt the war was senseless and immoral. Instead, she packed up the family car and drove to Canada with her husband and two children. She since has had a third child. She lives in Canada with her husband and her three young children. As of November, 2007 she was one of about fifty AWOL U.S. war resisters who were openly seeking sanctuary in Canada. Kimberly has been fighting the decision of the Canadian government to deport her. On July 9, 2009, following her last hearing to appeal Canada’s decision to deport her and her family, Kimberly stated: “I shouldn’t have to destroy my family for deciding not to destroy somebody else’s family.” Her case is still not resolved.

Robin Long became the first war resister to be deported from Canada since the Vietnam War. After spending fifteen months in a military jail in San Diego, he is now going to school and living in San Francisco. His deportation separated him from his Canadian wife and child.

Soldiers and marines who have spoken out against the wars in Iraq and Afghanistan have received differential treatment and punishment by the U.S. military for doing so. This amounts to being punished for their moral, religious, or political beliefs. This happened to Jeremy Hinzman. He has also received hate mail threatening him with harm if he comes back to the US.

Kevin Benderman didn't even go AWOL -- he only spoke against the war, while remaining active and following orders -- and he was put in jail!

War Resister, Agustin Aguayo, was gone from base only 24 days. A soldier isn't even officially AWOL until 30 days have passed. But during those 24 days, Aguayo spoke out loudly and publicly against the Iraq War, and they threw the book at him. He has spoken

2 Universal and Unconditional Amnesty for Iraq, CONSENT CALENDAR Afghanistan and Pakistan War Military Resisters and Veterans December 15, 2009

about how he was punished more severely than people who were AWOL much longer, because of his vocal and public opposition to the Iraq War. Aguayo said, among other things, "I have been stripped of the ability to provide for my family adequately." A dishonorable discharge achieves this type of result.

Attorney Eric Seitz, who represented Army Lieutenant Ehren Watada and is an expert on US military law, stated that the military used to allow objectors to quietly fade away. However, since 2002, applicants for conscientious objector status and other AWOL soldiers who speak out publicly against the Iraq War have been subjected to severe punishment, as the military seeks to make an example out of them, attempting to deter other troops from doing the same.

War Resister Christian Kjar, left Canada to try to work things out with the military. Because he had spoken out publicly against the war, Christian was hazed and abused so severely that he jumped out of a two-story window in the middle of the night in order to go AWOL again, and went back to Canada.

The wars in Iraq and Afghanistan are far from over. And although not as well known, the United States has waged war in Pakistan, by means of Unmanned Aerial Vehicles (UAVs), commonly known as drones, by secret covert special operations using Navy Seals with long beards and no uniforms, and by use of mercenary contractors including Xe (formerly known as Blackwater).

BACKGROUND On January 20, 1977, in order to heal the political and social wounds of the nation, President Jimmy Carter issued an executive order declaring Unconditional Amnesty and granting a “full, complete and unconditional pardon” to hundreds of thousands of men who had resisted the draft or evaded the draft during the Vietnam War by fleeing the country or by failing to register for the draft. The divisiveness of the Bush regime in prosecuting illegal and immoral wars necessitates a new healing and call for amnesty for America’s wronged military personnel.

RATIONALE FOR RECOMMENDATION This proposed Resolution is recommended to the City Council consistent with the Peace and Justice Commission’s mandate to advise the Council on matters of peace and justice. (B.M.C. Sect. 3.69.070).

CITY MANAGER The City Manager takes no position on the content and/or recommendations of the Commission’s Report.

CONTACT PERSON Robert Meola, Chairperson, Peace and Justice Commission, (510) 644-1102 Eric Brenman, Secretary, Peace and Justice Commission, (510) 981-5114

Attachments: 1. Resolution 2. Background information, reference materials and citations

3 RESOLUTION NO. –N.S.

UNIVERSAL AND UNCONDITIONAL AMNESTY FOR IRAQ, AFGHANISTAN AND PAKISTAN WAR MILITARY RESISTERS AND VETERANS

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 B.M.C. Chapter 3.69.070); and

WHEREAS, the undeclared Iraq War was sold to the American people by the Bush Administration with lies about non-existent “Weapons of Mass Destruction” and a terrorist threat; and the war in Afghanistan is being prosecuted based on fear and misrepresentations as to why it is being fought; and

WHEREAS, United States military personnel have fulfilled their contracts and then due to the policy of “stop-loss,” have been forcibly retained in the military against their will after their legally obligated and agreed upon dates of separation from the military, and in some cases, made to serve fifth, sixth, and seventh terms in the military and, in those wars in Iraq and Afghanistan, during which time, some members of the military have had a crystallization of conscience, based on their experiences, which have led them to resist; and

WHEREAS, men and women in the United States military have, as a matter of conscience, no longer been able to serve in the United States military and have therefore gone Absent Without Leave or on Unauthorized Absence; and

WHEREAS, United States military personnel are subject to formal and informal punishment for what, for civilians, is protected First Amendment speech when that speech is considered to be in opposition to United States government policies in Iraq and Afghanistan and Pakistan; and

WHEREAS, Berkeley is a Sanctuary City for Conscientious Objectors since 1991 and for War Resisters since 2007; and

WHEREAS, on January 20, 1977, President Jimmy Carter issued an executive order declaring Unconditional Amnesty granting a “full, complete and unconditional pardon” to hundreds of thousands of men who had resisted the draft or evaded the draft during the Vietnam War by fleeing the country or by failing to register for the draft.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley recommends that all military personnel who have served in the United States military since October 7, 2001, be granted Universal and Unconditional Amnesty, such amnesty to amount to forgiveness for all convictions of desertion or Absent Without Leave or Unauthorized Absence stemming from absences since October 7, 2001, when such leave or absence was caused by matters of personal conscience in opposition to the illegal wars in Iraq and/or Afghanistan and/or Pakistan.

BE IT FURTHER RESOLVED that the City of Berkeley recommends that Universal and Unconditional Amnesty be granted to all military personnel who have been charged or who have not yet been charged with desertion, missing movement and/or Absent Without Leave or on Unauthorized Absence resulting from absences since October 7, 2001, due to matters of personal conscience in opposition to the illegal wars in Iraq and/or Afghanistan and/or Pakistan.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley recommends that military personnel who have been convicted of charges stemming from their exercise of free speech regarding their opposition to the wars in Iraq and/or Afghanistan and/or Pakistan since October 7, 2001, be granted amnesty for those convictions.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley supports Universal and Unconditional Amnesty for all veterans with less than honorable discharges for absence offenses stemming from matters of personal conscience regarding opposition to war commencing on or after October 7, 2001, and that those veterans have those discharges automatically upgraded to honorable discharges or general under honorable conditions, and, that those veterans be granted all benefits otherwise due to them.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley send copies of this resolution to the President of the United States, Barack Obama, Senator Barbara Boxer, Senator Dianne Feinstein, Speaker of the House of Representatives, Nancy Pelosi, and Congressperson, Barbara Lee.

5 Attachment 2

http://www.cbsnews.com/stories/2004/03/29/60II/main609216.shtml AWOL From Iraq

Exclusive: Soldier Says War Is Morally Wrong; His Commanding Officer Responds By Tricia McDermott

Carter pardons draft dodgers Jan. 21, 1977 http://www.politico.com/news/stories/0108/7974.html

The MacNeil/Lehrer Report -- January 21, 1977 CARTER'S PARDON http://www.pbs.org/newshour/bb/asia/vietnam/vietnam_1-21-77.html

 President Carter's Vietnam Amnesty: An Analysis of a Public Policy Decision  David Shichor and Donald R. Ranish  Presidential Studies Quarterly, Vol. 10, No. 3, Why Great Men are, or Are Not, Elected President (Summer, 1980), pp. 443-450 (article consists of 8 pages)  Published by: Blackwell Publishing on behalf of the Center for the Study of the Presidency and Congress  Stable URL: http://www.jstor.org/stable/27547599

http://www.jstor.org/pss/27547599

U.S. Troops Crossed Border, Pakistan Says 20 Locals Reported Killed in Assault

By Candace Rondeaux and Karen DeYoung

Washington Post Foreign Service Thursday, September 4, 2008

http://www.washingtonpost.com/wp- dyn/content/article/2008/09/03/AR2008090300523.html

Our secret war in Pakistan

Posted: Tuesday, October 07, 2008 8:29 AM Filed Under: Kabul, Afghanistan By Richard Engel, NBC News Chief Foreign Correspondent http://worldblog.msnbc.msn.com/archive/2008/10/07/1500617.aspx

Spec ops raids into Pakistan halted

By Sean D. Naylor - Staff writer Posted : Saturday Sep 27, 2008 7:24:36 EDT http://www.armytimes.com/news/2008/09/Army_border_ops_092608w/

U.S. weighs expanded covert war in Pakistan: report Wed Mar 18, 2009 4:41am EDT http://www.reuters.com/article/topNews/idUSTRE52H0QT20090318

U.S. Covert Operations Buildup in Pakistan Anger Citizens Posted by LBG1 on October 29th, 2009 http://deathby1000papercuts.com/2009/10/u-s-covert-operations-buildup-in-pakistan- anger-citizens/

Bush secret order to send special forces into Pakistan

· Fear of escalating regional conflict · White House seeks British backing

http://www.guardian.co.uk/world/2008/sep/12/usforeignpolicy.usa

ISLAMABAD, Pakistan, Sept. 3, 2008

U.S. Special Forces Strike In Pakistan

Rare Use Of Ground Forces Stokes Pakistani Ire, May Indicate High-Value Target

http://www.cbsnews.com/stories/2008/09/03/terror/main4409288.shtml

Flushing Blackwater

By Jeremy Scahill

This article appeared in the September 14, 2009 edition of The Nation. August 26, 2009

http://www.thenation.com/doc/20090914/scahill

Blackwater/Xe Enters Pakistan, In a Big Way http://afpakwar.com/blog/2009/08/28/blackwaterxe-enters- pakistan-in-a-big-way/

Upcoming Workshops Recommended dates February 23, 2010 Refuse Fund Review March 9, 2010 FY 2011 balancing ideas; Public Health Fund review March 23, 2010 20/20 Vision March 23, 2010 Sunshine Ordinance April 20, 2010 Refuse Fund review (detailed plan) May 4, 2010 FY 2011 Mid-biennial Budget Update

Spring 2010 Community Choice Aggregation CITY CLERK'S DEPARTMENT WORKING CALENDAR FOR SCHEDULING LAND USE MATTERS BEFORE THE CITY COUNCIL

*(1) Appeals submitted - date listed is placeholder for possible public Meeting Appeal Council Date for Board/ hearing. (2)Public Management - Notification (1) Appeal Receipt Letter Address Period Determination on Commission Hearings Scheduled Estimated Time (2) Public Hearing Scheduled Letter Ends Appeal Submitted are dates for a Needed public hearing as directed by the City Council. NOD – Notices of Decision 2565 Telegraph Ave ZAB 2/16/2010 145 Forest Lane ZAB 2/16/2010 2329 Valley St ZAB 2/16/2010 3095 Telegraph Ave ZAB 2/23/2010 Appeals Submitted (1) 1630 Capistrano Ave ZAB 10/28/2009 2/23/2010 1007 University Ave LPC 9/22/2009 12/8/2009 Remand to LPC 90 day council deadline - 3/8/2010 Public Hearings Scheduled (2) 2421 Ninth St. ZAB 1/19/2010 Referred to Agenda Committee Iceland - 2727 Milvia St LPC 1/19/2010 Continued to May 18, 2010 *(1) Dates are listed under placeholder for potential public hearings are simply "placeholders" for the Last updated management of Council meetings in the event that following the initial review of the appeal, Council directs 2/10/10 that a hearing be scheduled. This in no way infers that a hearing will in fact be set.