BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING MONDAY, MARCH 03, 2008 2:30 P.M.

6th Floor Conference Room, 2180 Milvia Street Teleconference Location – 1636 Channing Way, Berkeley, CA Committee Members: Mayor Bates and Councilmembers Linda Maio and Gordon Wozniak

AGENDA

1. Roll Call

2. Public Comment

3. Approval of Minutes: February 19, 2008

4. Review and Action of draft agendas for March 11, 2008: a. 6:30 p.m. Berkeley Redevelopment Agency Meeting b. 7:00 p.m. Regular City Council Meeting

5. Upcoming Council Items: a. Upcoming Council Workshops and Standing Agenda Items b. Items Referred to Agenda Committee for Future or Possible Scheduling: (1) City Bench Donation Policy (2) Alcohol Fee and Program Ordinance (3) Workshop status: Medical Marijuana (1/29) (4) Nuisance Abatement Against Pacific Steel Casting, 1333 Second Street (5) Fee Reduction And Retroactive Billing: Houseboats (6) Second Reading for Peace and Justice Commission Resolutions

6. Land Use Calendar (no changes) – accept & file

7. Adjournment – next meeting March 17, 2008

Additional items may be added to the draft agenda per Council Rules of Procedure. Rules of Procedure Resolution No. 63,690-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. If the Agenda Committee finds that the matter does not meet the definition of Time Critical and the sponsor does not wish to hold the report for the next Council meeting, the City Clerk shall place the item on the Action Calendar under the Time Critical section. 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, Teleconferencing. Any member of the public may attend this meeting at either the Council Chambers or at the teleconference location. Questions regarding this matter may be addressed to Pamyla Means, 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 28, 2008

Deanna Despain, Deputy City Clerk

Revised 1/07

BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING MINUTES TUESDAY, FEBRUARY 19, 2008 6th Floor Conference Room, 2180 Milvia Street Teleconference Location – 1636 Channing Way, Berkeley, CA Committee Members: Mayor Bates and Councilmembers Linda Maio and Gordon Wozniak (Alternate: Councilmember Max Anderson)

AGENDA

1. Roll Call 2:30 p.m. Present- Bates Wozniak. 2:34p.m. Present - Anderson

2. Public Comment 4

3. M/S/C (Wozniak/Anderson) approved February 4, 2008 minutes:

4. Review and Action of draft agendas for February 26, 2008:

a. M/S/C (Wozniak/Anderson) approved 5:00 p.m. City Council Worksession b. M/S/C (Anderson/Wozniak) approved 7:00 p.m. Regular City Council Meeting as amended including: o Addition of Proposed Condo Conversion Ordinance, BMC Chapter 21.28, o Removal of Proposition 1-C Grant Application for San Pablo Avenue Improvements, Discretionary Budget Allocation: Save Berkeley Iceland o Revisions for Use of the Berkeley Veterans Building for Veterans Activities, Support Lawrence Berkeley National Laboratory Continuing Its Downtown Shuttle and Resolution Opposing Gypsy Spraying

5. Upcoming Council Items: a. Upcoming Council Workshops and Standing Agenda Items b. Items Referred to Agenda Committee for Future or Possible Scheduling: (1) City Bench Donation Policy (2) Alcohol Fee and Program Ordinance (3) Workshop status: Medical Marijuana (1/29) (4) Nuisance Abatement Against Pacific Steel Casting, 1333 Second Street

6. Land Use Calendar – accept & file

7. Adjournment – 2:58 p.m.

Deanna Despain, Deputy City Clerk

DRAFT AGENDA

BERKELEY REDEVELOPMENT AGENCY MEETING TUESDAY, MARCH 11, 2008 6:30 P.M. Council Chambers, 2134 Martin Luther King Jr. Way Teleconference Location – 1636 Channing Way, Berkeley, CA

TOM BATES, CHAIR Agency Members: LINDA MAIO LAURIE CAPITELLI DARRYL MOORE BETTY OLDS MAX ANDERSON KRISS WORTHINGTON DONA SPRING GORDON WOZNIAK This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing. Any member of the public may attend this meeting at either location. Questions regarding this matter may be addressed to Deanna Despain, Deputy City Clerk, 981-6900 Note: Council Rules of Procedure are currently under review and are subject to change. The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Roll Call

Public Comment on Consent Calendar Items Only

Agency Action: The Redevelopment Agency may take action related to any subject listed on the Agenda.

Consent Calendar

The Agency will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Agency reorders the agenda.

G:\CLERK\AGENDA\RULES\RDA Drafts\Draft Agenda\2008\Draft 03-11.doc Consent Calendar

1. Berkeley Redevelopment Agency Annual Report for Fiscal Year 2007 From: City Manager Recommendation: Recommendation: Adopt a Resolution accepting the Berkeley Redevelopment Agency's Annual Report for Fiscal Year 2007. Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400

2. Contract No. 7351 Amendment: Wilber Smith Associates -Additional Traffic Counts and 2015 Analysis in West Berkeley Circulation Master Plan From: City Manager Recommendation: Adopt a Resolution authorizing the Executive Officer to amend the Agency's contract with WilburSmith Associates Transportation Consultants (WSA) for the West Berkeley Circulation Master Plan to add $28,880 to expand the scope of work for a new total of $470,665. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400

Public Comment – 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.

Tuesday, March 11, 2008 AGENDA Page 2 Consent Calendar

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.

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, March 11, 2008 AGENDA Page 3

DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING TUESDAY, MARCH 11, 2008 7:00 P.M. Council Chambers, 2134 Martin Luther King Jr. Way Teleconference Location – 1636 Channing Way, Berkeley, CA

TOM BATES, MAYOR Councilmembers: DISTRICT 1 – LINDA MAIO DISTRICT 5 – LAURIE CAPITELLI DISTRICT 2 – DARRYL MOORE DISTRICT 6 – BETTY OLDS DISTRICT 3 – MAX ANDERSON DISTRICT 7 – KRISS WORTHINGTON DISTRICT 4 – DONA SPRING DISTRICT 8 – GORDON WOZNIAK This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing. Any member of the public may attend this meeting at either location. Questions regarding this matter may be addressed to Deanna Despain, Deputy 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.

Tuesday, March 11, 2008 DRAFT AGENDA Page 1

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 of Ordinances. Add them here. 2. Minutes for Approval From: City Manager Recommendation: Approve the minutes for the Council meetings of January 29, 2008 (special and regular), February 4, 2008 (special) and February 12, 2008 (special and regular). Financial Implications: None Contact: Deanna Despain, City Clerk, 981-6900 3. Formal Bid Solicitations and Request for Proposals For Possible Issuance in the Next 30 Days From: City Manager Recommendation: Approve the attached new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division. Financial Implications: $4,149,000 Contact: Robert Hicks, Finance, 981-7300

4. Berkeley Municipal Code Chapter 2.20 - City Departments General Provisions From: City Manager Recommendation: Adopt first reading of an Ordinance to repeal Berkeley Municipal Code (BMC) Chapter 2.20 - City Departments and General Provisions. Financial Implications: None Contact: David Hodgkins, Human Resources, 981-6800

Tuesday, March 11, 2008 DRAFT AGENDA Page 2 Consent Calendar

5. Police Officer Recruit Salary Adjustment From: City Manager Recommendation: Rescind Resolution No. 61,352–N.S. and adopt a Resolution amending Resolution No 61,812–N.S., (Classification and Salary Resolution for Unrepresented Employees), to approve cost of living adjustments for the Police Officer Recruit classification. Financial Implications: See report Contact: David Hodgkins, Human Resources, 981-6800

6. Classification: Human Resources Technician From: City Manager Recommendation: Adopt a Resolution to amend Resolution No. 61,812–N.S., Classification and Salary Resolution for Unrepresented Employees, to revise the classification of Human Resources Technician and increase the salary range to $4,529 - $5,559 effective March 23, 2008. Financial Implications: None Contact: David Hodgkins, Human Resources, 981-6800

7. Final Tract Map: 1821-1831 Highland Place From: City Manager Recommendation: Adopt a Resolution approving the final map of Tract Map 7886, a six (6) unit residential condominium located at 1821-1831 Highland Place. Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400

8. Zoning Ordinance Amendments Addressing Alcohol Sales From: City Manager Recommendation: Adopt first reading of an Ordinance amending Zoning Ordinance sections 23C.04.030 and 23E.16.040 and adding Chapter 23B.68 to allow: (1)Abandonment of lawful non-conforming off-sale alcohol beverage sales uses after 90 days of closure; (2)Private right of action against nuisances; and (3)Greater flexibility for the Zoning Adjustments Board when issuing a use permit for a new alcohol sales use when there has been only one prior violation or complaint. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400

9. Agreement: Certified Unified Program Agency - Aboveground Petroleum Storage Tank Act From: City Manager Recommendation: Adopt a Resolution authorizing the Certified Unified Program Agency (CUPA) Manager to enter into Agreement with the California Environmental Protection Agency to implement a sixth CUPA program, the Aboveground Petroleum Storage Tank Act (APSTA) and accept a grant for $44,463.82 available from the California Environmental Protection to set up the program within the Toxics Management Division. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400

Tuesday, March 11, 2008 DRAFT AGENDA Page 3 Consent Calendar

10. ZAB Appeal: 161 Panoramic Way From: City Manager Recommendation: Continue public hearing to March 25. Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400

11. Lease Agreement: 1947 Center Street, Int'l Computer Science Inst From: City Manager Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with International Computer Science Institute (ICSI) at 1947 Center Street, 5th and 6th floors for the purpose of general office and computer research. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

12. Contract No. 7442A Amendment: Lincoln & Associates for Recruitment for Transportation Manager From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7442A with Lincoln & Associates for recruitment of a Transportation Manager, adding to the scope of services and increasing the not to exceed amount by $1,000 to a total $53,500. Financial Implications: Off-Street Parking Fund - $1,000 Contact: Claudette Ford, Public Works, 981-6300

13. Purchase Order: Leader Industries for Three Ambulance From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Leader Industries in an amount not to exceed $721,323 for the purchase of three ambulances for the Fire Department. Financial Implications: Equipment Replacement Fund - $721,323: Contact: Claudette Ford, Public Works, 981-6300

14. Opposing the Use of and Other Private Contractors From: Peace and Justice Commission Recommendation: Oppose the use of Blackwater and other private mercenary contractors by the United States in or anywhere else and call on the United States to stop all such mercenary employment; call on the United States to rescind Order 17, and investigate and prosecute all human rights violations perpetrated by the aforementioned ; and convey by letter to the Planning Commission, Mayor and City Council of Potrero, CA solidarity for their actions opposing Blackwater being permitted to establish training facilities in their community. Financial Implications: None Contact: Manuel Hector, Commission Secretary, 981-5100

Tuesday, March 11, 2008 DRAFT AGENDA Page 4 Consent Calendar

15. Supporting the People of Haiti From: Peace and Justice Commission Recommendation: 1) Call on all authorities in Haiti, the Mission to Haiti, and the United States, Canada, France and Brazil, who call themselves the friends of Haiti, to work for rapid implementation of the following: a) release of all political prisoners, b) guarantee freedom of speech and assembly, c) bring about the safe return of Human Rights Activist Lovinsky Pierre-Antoine, d) compensate victims of United Nations raids in Cite Soleil and elsewhere as well as victims of rapes and sexual exploitation by United Nations troops, and e) withdraw all foreign occupying forces including the United Nations and United States forces; 2) call on members of the Bay Area Congressional Delegation to co-sponsor H.Res.241, specifically the Speaker of the House. Financial Implications: None Contact: Manuel Hector, Commission Secretary, 981-5100

Council Consent Items

16. Develop an Efficient Graywater Permit Process From: Councilmember Maio Recommendation: Request the City Manager to develop guidance material and a streamlined process for residents and businesses interested in installing a graywater system, in particular, and green technologies, in general. Financial Implications: None Contact: Linda Maio, Councilmember, District 1, 981-7110

17. Opposing Governor Schwarzenegger’s Proposed 2008-09 Budget From: Councilmember Worthington Recommendation: Adopt a resolution opposing Governor Arnold Schwarzenegger’s proposed 2008-09 budget. 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. 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.

Tuesday, March 11, 2008 DRAFT AGENDA Page 5 Action Calendar – Old Business

18. License Agreement: 90 Bolivar Drive in Aquatic Park to San Francisco Institute of Architecture (Held over from February 26, 2008) From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with San Francisco Institute of Architecture (SFIA) for City property located at 90 Bolivar Drive in Aquatic Park for nine months for an amount of $100. Financial Implications: $100 in revenue. Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

19. Letter To Canadian Officials Requesting Sanctuary For U.S. War Resisters (Held over from February 26, 2008) From: Councilmembers Worthington and Anderson Recommendation: Send a letter to Canadian Prime Minister Stephen Harper, Minister of Citizenship and Immigration Diana Finley and Liberal Party leader Stephane Dion requesting that the government of Canada establish provisions to provide sanctuary for U.S. military service members who are living in Canada to resist fighting in the . Financial Implications: See report Contact: Kriss Worthington, Councilmember, District 7, 981-7170

20. Proposed Condo Conversion Ordinance, BMC Chapter 21.28 (Held over from February 26, 2008) From: City Manager Recommendation: Adopt first reading of a new Condominium Conversion Ordinance. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400

Information Reports

21. Unrepresented Temporary Employee From: City Manager Contact: David Hodgkins, Human Resources, 981-6800

22. LPC NOD: 2500 Durant Avenue From: City Manager Contact: Dan Marks, Planning and Development, 981-7400

23. Potential Reduction In Biodiesel Fuel Percentage From: City Manager Contact: Claudette Ford, Public Works, 981-6300

24. Pedestrian Safety and Public Review Draft of the Pedestrian Master Plan From: City Manager Contact: Claudette Ford, Public Works, 981-6300

Tuesday, March 11, 2008 DRAFT AGENDA Page 6

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.

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.

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, March 11, 2008 DRAFT AGENDA Page 7

Peace and Justice Commission CONSENT CALENDAR March 11, 2008

To: Honorable Mayor and Members of the City Council

From: Peace and Justice Commission

Submitted by: Robert Meola, Chairperson

Subject: Opposing the Use of Blackwater and Other Private Mercenary Contractors

RECOMMENDATION Oppose the use of Blackwater and other private mercenary contractors by the United States in Iraq or anywhere else and call on the United States to stop all such mercenary employment; call on the United States to rescind Order 17, and investigate and prosecute all human rights violations perpetrated by the aforementioned mercenaries; and convey by letter to the Planning Commission, Mayor and City Council of Potrero, CA solidarity for their actions opposing Blackwater being permitted to establish training facilities in their community.

FISCAL IMPACTS OF RECOMMENDATION None.

CURRENT SITUATION AND ITS EFFECT Blackwater is an American company that provides private sector solutions to the United States government and non-United States clients, and is the leading mercenary company of the United States occupation of Iraq. It took on this role in the summer of 2003, after receiving a $27 million no-bid contract to provide security for Ambassador Paul Bremer, the original head of the Coalition Provisional Authority. Since its original Iraq contract, Blackwater has won more than $700 million in “diplomatic security” contracts from the State Department alone.

Blackwater was the perpetrator of the infamous Nisour Square Massacre on September 16, 2007, wherein at least 28 innocent Iraqi civilians, including a young Iraqi family with an infant, and other men, women and children were killed due to the launching of some sort of grenade by Blackwater troops, followed by repeated gunfire by Blackwater troops and other Iraqi civilians being injured. The Iraqi government and survivors of the attack have stated that the attack by Blackwater troops was completely unprovoked.

2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.5110 TDD: 510.981.6903 Fax: 510.981.5130 E-mail: [email protected]

Opposing the Use of Blackwater & Other Private Mercenary Contractors CONSENT CALENDAR March 11, 2008

The United States Department of Justice needs to be pressured to investigate and prosecute the actions and human rights violations of Blackwater employees and employees of other mercenary companies.

BACKGROUND At the meeting of February 4, 2008, the Peace and Justice Commission discussed the use of Blackwater and other private mercenary contractors by the United States. After much discussion, the Commission approved the following motion:

M/S/C (Meola/Sherman) 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 369.070); and

WHEREAS, it is distressing enough that the United States launched an illegal, immoral and unprovoked war of aggression in Iraq based on the numerous lies of the Bush Administration and is threatening the possibility of war in Iran; and

WHEREAS, wars have produced catastrophic loss of human life, both civilian and military, as well as physically maiming and deforming and psychologically destroying countless numbers of civilians and military personnel; and

WHEREAS, the people of the City of Berkeley have long voiced their stand for peace and against unnecessary wars; and

WHEREAS, the United States war in Iraq is the most privatized war in history and “according to the Government Accounting Office [GAO], there are as many as 180 mercenary firms in Iraq with tens of thousands of employees” [from ’s article, “Making A Killing,” in the October 15, 2007 issue of The Nation magazine]; and

WHEREAS, Blackwater, the leading mercenary company of the United States occupation of Iraq received its original $27 million no-bid contract to provide security in the summer of 2003 and since that contract “has won more than $700 million in ‘diplomatic security’ contracts through the State Department alone” [see Scahill’s article quoted above] and therefore, citizens of Berkeley, who are United States taxpayers, are funding these mercenaries at great moral and material cost; and sustaining a vested class of Americans, profiting off of the militarization of the American economy, often to the detriment of soldier morale; and

WHEREAS, Blackwater was the perpetrator of the infamous Nisour Square Massacre on September 16, 2007, wherein at least 28 innocent Iraqi civilians, including a young Iraqi family with an infant, and other men, women and children were killed due to the launching of some sort of grenade by Blackwater troops, followed by repeated gunfire by Blackwater troops and other Iraqi civilians were injured and in critical condition; and the Iraqi government and survivors of the attack by Blackwater troops have stated that the attack was completely unprovoked; and

2

Opposing the Use of Blackwater & Other Private Mercenary Contractors CONSENT CALENDAR March 11, 2008

WHEREAS, there were at least six other deadly incidents last year involving Blackwater troops killing groups of Iraqis and Iraqi officials tried several times to contact the United States through administrative and diplomatic channels to complain about Blackwater’s conduct in these incidents and there complaints went nowhere; and

WHEREAS, Order 17, signed by Paul Bremer on June 27, 2004, granted sweeping immunity to private contractors working for the United States in Iraq, and is a potent symbol of the utter lack of any Iraqi sovereignty, self-rule or independence, even when it involves “the murder of citizens in cold blood by Blackwater—a terrorist action against civilians just like any other terrorist organization.” [statement by officials from Iraq’s Interior, National Security and Defense Ministries]; and

WHEREAS, the United States Department of Justice needs to be pressured to investigate and prosecute the actions and human rights violations of Blackwater employees and employees of other companies [like those (according to Amnesty International) of Halliburton’s subsidiary, KBR, accused of gang raping their fellow employee, Jamie Leigh Jones, in Iraq]; and

WHEREAS, the massive use of a private army impedes the transparency and accountability necessary for effective government.

NOW THEREFORE, BE IT RESOLVED that the Peace and Justice Commission recommends that the Council of the City of Berkeley go on record as opposing the use by the United States of Blackwater and other private mercenary contractors in Iraq or anywhere else and calls on the United States to stop all such mercenary employment;

BE IT FURTHER RESOLVED, that the Berkeley City Council call on the United States to rescind Order 17, and investigate and prosecute all human rights violations perpetrated by the aforementioned mercenaries; and

BE IT FURTHER RESOLVED, that the Berkeley City Council convey by letter to the Planning Commission, Mayor and City Council of Potrero, California, the solidarity of the City of Berkeley to the people of Potrero, California for their actions opposing Blackwater being permitted to establish training facilities in their community; and

BE IT FURTHER RESOLVED, that the Berkeley City Council send copies of this Resolution to President George Bush, Speaker of the House Nancy Pelosi, Senator Barbara Boxer, Senator Dianne Feinstein, and Congresswoman Barbara Lee.

Ayes: Bohn, Brody, Cohen, Freedkin, Kafin, Lippman, Litman, Meola, Sherman, sorgen, Winkelman; Noes: Wornick; Absent: Kenin.

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Opposing the Use of Blackwater & Other Private Mercenary Contractors CONSENT CALENDAR March 11, 2008

CITY MANAGER The City Manager takes no position on the recommendations of the Commission.

CONTACT PERSON Robert Meola, Chairperson, Peace and Justice Commission, (510) 644-1102 Michael Sherman, Peace and Justice Commission, (510) 548-4270 Manuel Hector Jr., Secretary, Peace and Justice Commission, (510) 981-5110

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Peace and Justice Commission CONSENT CALENDAR March 11, 2008

To: Honorable Mayor and Members of the City Council

From: Peace and Justice Commission

Submitted by: Manuel Hector, Secretary

Subject: Supporting the People of Haiti

RECOMMENDATION 1) Call on all authorities in Haiti, the United Nations Mission to Haiti, and the United States, Canada, France, and Brazil, who call themselves the friends of Haiti, to work for rapid implementation of the following: a) release of all political prisoners, b) guarantee freedom of speech and assembly, c) bring about the safe return of Human Rights Activist Lovinsky Pierre-Antoine, d) compensate victims of United Nations raids in Cite Soleil and elsewhere as well as victims of rapes and sexual exploitation by United Nations troops, and e) withdraw all foreign occupying forces including the United Nations and United States forces; 2) call on members of the Bay Area Congressional Delegation to co-sponsorship H.Res.241, specifically Speaker of the House Nancy Pelosi [CA-8], Zoe Lofgren [CA-16], Anna Eshoo [CA-14], and George Miller [CA-7], and direct the City Manager to send letters to that effect to these representatives; 3) request that Representative Barbara Lee [CA-9] re-introduce legislation similar to H.R.946, to establish an Independent Commission on the 2004 Coup d’Etat in the Republic of Haiti, and request Senators Barbara Boxer and Dianne Feinstein to introduce similar legislation to H.R.946 in the Senate, and support the amendment included in the FY 2006 Foreign Operations Appropriations Conference Report prohibiting arms transfers and sales; and 4) express our city’s solidarity with the people of Haiti and that the people of Berkeley extend a standing invitation to President Aristide to visit our City.

FISCAL IMPACTS OF RECOMMENDATION None.

2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7000 TDD: 510.981.6903 Fax: 510.981.7099 E-mail: [email protected]

Supporting the People of Haiti CONSENT CALENDAR March 11, 2008

CURRENT SITUATION AND ITS EFFECTS The 2004 Haiti Coup d’Etat was a regime overthrow that happened as the result of conflicts fought for several weeks in Haiti during February 2004. It resulted in the premature end of President Jean-Bertrand Aristide’s second term, and the installment of an interim government led by Prime Minister Gérard Latortue and President Boniface Alexandre.

Many of the supporters of the Famni Lavalas party and Aristide, as well as progressive and independent observers worldwide, denounced the rebellion as a foreign controlled coup d’etat orchestrated by Canada, France, and United States to remove a democratically elected President.

On May 14, 2006, Rene Garcia Preval was sworn in as the President of Haiti, following democratic elections in which 2.2 million Haitians (more than 60% of registered voters) participated. President Preval’s election is a sign of hope for the people of Haiti who have suffered tremendously as a result of violence and natural disasters. However, the government of Haiti needs the support and assistance of the international community to ensure national reconciliation and sustainable development for the Haitian people. Debt cancellation is essential to this process.

H.Res.241 urges multilateral financial institutions to cancel completely and immediately Haiti’s debts to such institutions. Cancellation of Haiti’s debts will enable the democratically elected government to improve health care, education and other essential government services; invest in critical infrastructure; and improve the lives of the Haitian people.

BACKGROUND At the regular meeting on February 4, 2008, the Peace and Justice Commission discussed the ongoing struggle for full human rights and true democracy by the people of Haiti. After the discussion, the Commission approved the following motion:

M/S/C (Bohn/sorgen) WHEREAS, in 1990, the Berkeley City Council adopted a Human Rights Policy based on Articles 55 and 56 of the United Nations Charter; and

WHEREAS, Chapter 3.68.010 of the Berkeley Municipal Code found that, “…The residents of Berkeley have continually demonstrated their concern for peace and justice based on equality among all peoples…”; and

WHEREAS, Berkeley citizens have demonstrated concern for the people of Haiti, working with organizations including the Haiti Action Committee, Ecumenical Peace Institute, Clergy & Laity Concerned, East Bay Sanctuary Covenant, Institute for Justice and Democracy in Haiti, TRANSCEND, Women’s International League for Peace and Freedom, Berkeley Fellowship of Unitarian Universalists’ Social Justice Committee, and the Father Bill O’Donnell Social Justice Committee of St. Joseph the Worker Church; and

2 Supporting the People of Haiti CONSENT CALENDAR March 11, 2008

WHEREAS, since the February 29, 2004 coup d’etat that overthrew the elected government of Jean-Bertrand Aristide in Haiti, even though an election was held on February 7, 2006 in which Rene Preval was elected President, Haiti remains under United Nations occupation, and the constitutional government and judicial system still remains under the control of coup forces, and many Aristide supporters remain imprisoned and subjected to inhumane conditions without due process; and

WHEREAS, the citizens of Berkeley have voted for impeachment of President George Bush, and the sponsoring of a coup d’etat against Haiti is an impeachable offense committed by the Bush Administration; and

WHEREAS, in a press release dated December 20, 2007, a representative of Amnesty International stated, "The Haitian authorities have a responsibility under international law to protect the legitimate rights of human rights defenders to organize and take action without restrictions or fear of reprisals," and the organization has mobilized its global network of activists on behalf of two human rights defenders in Haiti, one abducted and the other facing physical threats, and is calling on the Haitian authorities to redouble efforts to find Lovinsky Pierre-Antoine, who was abducted in August, and to protect Wilson Mesilien, who has recently been threatened with physical harm; and

WHEREAS, Haiti, the most impoverished country in the Western Hemisphere, owes over one billion dollars to multilateral financial institutions, much of which was accumulated during the oppressive rule of the United States-supported Duvalier regime, which did not use the money to benefit the Haitian people; and

WHEREAS, on March 13, 2007, Representative Maxine Waters [CA-35] (for herself, and Representatives Spencer Bachus [AL-6], William Delahunt [MA-10], Barbara Lee [CA-9], Donald Payne [NJ-10], John Conyers [MI-14], Luis Gutierrez [[IL-4], and Carolyn Maloney [NY-14] introduced H.Res.241 urging the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and other multilateral financial institutions to cancel Haiti’s debts completely and immediately.

NOW THEREFORE, BE IT RESOLVED that Peace & Justice Commission recommends that the Council of the City of Berkeley, in solidarity with the Haitian people in their ongoing struggle for full human rights and true democracy, call on all authorities in Haiti, the United Nations Mission to Haiti, and the United States, Canada, France, and Brazil, who call themselves the friends of Haiti, to work for rapid implementation of the following:

1. Release of all political prisoners, 2. Guarantee freedom of speech and assembly, 3. Bring about the safe return of Human Rights Activist Lovinsky Pierre-Antoine, 4. Compensate victims of United Nations raids in Cite Soleil and elsewhere as well as victims of rapes and sexual exploitation by United Nations troops, and 5. Withdraw all foreign occupying forces including the United Nations and United States forces.

3 Supporting the People of Haiti CONSENT CALENDAR March 11, 2008

BE IT FURTHER RESOLVED, that the Council of the City of Berkeley call on members of the Bay Area Congressional Delegation to co-sponsorship H.Res.241, specifically, Speaker of the House Nancy Pelosi [CA-8], Zoe Lofgren [CA-16], Anna Eshoo [CA-14], and George Miller [CA-7], and direct the City Manager to send letters to that effect to these representatives.

BE IT FURTHER RESOLVED, that the Council of the City of Berkeley request that Representative Barbara Lee [CA-9] re-introduce legislation similar to H.R.946, to establish the Independent Commission on the 2004 Coup d’Etat in the Republic of Haiti, and request Senators Barbara Boxer and Dianne Feinstein to introduce similar legislation to H.R.946 in the Senate, and support the amendment included in the FY 2006 Foreign Operations Appropriations Conference Report prohibiting arms transfers and sales.

BE IT FURTHER RESOLVED, that the Council of the City of Berkeley express our city’s solidarity with the people of Haiti, and that the people of Berkeley extend a standing invitation to President Aristide to visit our City.

BE IT FURTHER RESOLVED, that the Council of the City of Berkeley direct the City Manager to send copies of this Resolution to the United Nations High Commissioner for Human Rights Louise Arbour, United States Secretary of State Dr. , Senators Barbara Boxer and Dianne Feinstein, and Representative Barbara Lee, President Rene Preval of Haiti, Jean Bertrand Aristide, and the Ambassadors of Canada, France, and Brazil.

Ayes: Bohn, Brody, Cohen, Freedkin, Kafin, Lippman, Litman, Meola, Sherman, sorgen, Winkelman; Noes: Wornick; Absent: Kenin.

Past Council Action On March 13, 2007, Council adopted Resolution No. 63,606–N.S. supporting H.R.351 to establish an independent commission to investigate the role of the United States government in the February 2004 Coup d’Etat in the Republic of Haiti.

CITY MANAGER The City Manager takes no position on the recommendations of the Commission.

CONTACT PERSON Robert Meola, Chairperson, Peace & Justice Commission, (510) 644-1102 Diana Bohn, Peace & Justice Commission, (510) 525-5497 Manuel Hector, Secretary, Peace & Justice Commission, (510) 981-5110

4

Linda Maio Councilmember District 1 CONSENT CALENDAR March 11, 2008

To: Honorable Mayor and Members of the City Council From: Councilmember Linda Maio Subject: Develop an Efficient Graywater Permit Process

RECOMMENDATION Request the City Manager to develop guidance material and a streamlined process for residents and businesses interested in installing a graywater system, in particular, and green technologies, in general.

FINANCIAL IMPLICATIONS Unknown

BACKGROUND Graywater is wastewater from your laundry, bathtubs, showers, and bath sinks. Water from clothes washing and bathing is, for the most part, an excellent source of water to irrigate residential landscapes and compost piles. Wastewater water from kitchen sinks and dishwashers is not considered graywater. The beauty of collecting graywater is that it provides a water source during the dry season, unlike the collection of rain water (which is also advised).

In 2001, the Arizona Department of Environmental Quality issued guidelines for the design of graywater systems. Their rules enable residents to use graywater from the appropriate sources without applying for a plumbing permit if the system and circumstance meets roughly 13 conditions (see attached pages 2-3).

This item requests that the staff review the Arizona process (www.watercasa.org) and develop a process suitable to Berkeley that minimizes red tape and expense of installing a graywater system. In addition, consistent with the Mayor’s Greening Initiative, we should be reviewing our processes for permitting green technology installations in general, with the goal of minimizing the steps and expense to encourage participation and implementation.

CONTACT PERSON

Councilmember Linda Maio Council District 1 510-981-7110 Attachment 1: Graywater Guidelines: The Water Conservation Alliance of Southern Arizona

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● TDD: (510) 981-6903 ● Fax: (510) 981-7111 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 March 11, 2008

To: Honorable Mayor and Members of the City Council

From: Councilmember Kriss Worthington

Subject: Opposing Governor Schwarzenegger’s Proposed 2008-09 Budget

RECOMMENDATION: That the Berkeley City Council adopts a resolution opposing Governor Arnold Schwarzenegger’s proposed 2008-09 budget.

BACKGROUND: From Memorandum from BUSD Superintendent William Huyett to BUSD Board of Education:

The governor’s proposed budget reductions would be disastrous to public schools. The proposed reductions are fundamentally inconsistent with the state’s goal of improving student achievement. The voters passed Proposition 98 almost 20 years ago to ensure our students and schools receive minimum funding. This support was strongly reaffirmed in 2005. Proposals that suspend Proposition 98 conflict with the will of the voters and jeopardize the minimum education funding levels. Our students and schools did not create this budget problem, and their progress should not be undermined because of it. The attached Resolution tells the Governor that we are strongly opposed to the massive budget cuts on the table and urges the Governor and the legislature to discuss all possibilities to solve the budget crisis.

The City Council should join organizations throughout the state in opposing the Governor’s proposed budget and urging the State Legislature to oppose additional cuts to education and other critical services and ensure that the burden does not fall on those most in need, including our children.

FINANCIAL IMPLICATIONS: NONE

CONTACT PERSON: Councilmember Kriss Worthington, 981-7170.

Attachments: 1. Resolution RESOLUTION NO. ##,###-N.S.

OPPOSING GOVERNOR SCHWARZENEGGER’S PROPOSED 2008-09 BUDGET

WHEREAS, California’s more than 6 million students deserve high-quality schools with welltrained educators, small class sizes, quality instructional materials, up-to-date textbooks and dynamic parental support; and

WHEREAS, Governor Schwarzenegger’s 2008–09 budget proposal and the Legislative Analyst Office’s review calls for massive and devastating cuts to K–12 students and schools by reducing Proposition 98 in the current year and for 2008–09; and

WHEREAS, A $4.4 billion cut to Proposition 98 funding would mean laying off tens of thousands of teachers statewide and would also result in increases in class size, not to mention a further erosion of the support system for students provided by classified and paraprofessional staff; and

WHEREAS, Under the governor’s proposed budget, Berkeley Unified School District would lose $3.7 million in 2008–09; and

WHEREAS, According to recently released reports and studies, California spends $1,900 less per student than the national average — seriously underfunding its public schools; and

WHEREAS, The governor’s proposed budget reductions are fundamentally inconsistent with the state’s goal of improving student achievement, at a time when our students are making progress toward meeting rigorous state and federal education standards; and

WHEREAS, The “Getting Down to Facts” studies show that billions more need to be invested in education in California to ensure the opportunity for all students to succeed now and in the future; and

WHEREAS, The $14 billion budget problem was not created by our students and fixing the problem should not come at the expense of their educational progress and success; and

WHEREAS, California voters approved — and continue to strongly support —Proposition 98 to protect schools and students from harmful budget cuts and to establish a minimum level of education funding.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby opposes the Governor’s 2008–09 budget proposal and urges the governor and legislature to discuss all possibilities to solve the budget crisis including new revenue sources.

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 12, 2008 To: Honorable Mayor and Members of the City Council

From: Councilmembers Kriss Worthington and Max Anderson

Subject: Letter To Canadian Officials Requesting Sanctuary For U.S. War Resisters

RECOMMENDATION: Send a letter to Canadian Prime Minister Stephen Harper, Minister of Citizenship and Immigration Diana Finley and Liberal Party leader Stephane Dion requesting that the government of Canada establish provisions to provide sanctuary for U.S. military service members who are living in Canada to resist fighting in the Iraq War.

BACKGROUND: Throughout the Vietnam War era, Canada provided a place of refuge for United States citizens seeking to resist the war. Because of Canada’s rich tradition of being a refuge from militarism, approximately 200 U.S. military service people have moved to Canada to resist fighting in the Iraq War.

However, it has become more difficult to immigrate to Canada and these war resisters are seeking refugee status in accord with United Nations guidelines. Unfortunately, their requests for refugee status have been rejected by the Canadian Refugee Board. Several resisters have appealed the Refugee Board decisions to the Supreme Court of Canada. While a court decision is pending these resisters are vulnerable to deportation back to the United States where they may face years of incarceration or even worst penalties.

There is strong support among the Canadian people for the war resisters and the Canadian House of Commons is currently considering legislation to provide sanctuary to war resisters. A number of anti war organizations have been urging the Canadian government to adopt the proposed legislation and take additional steps to provide refuge to war resisters.

Berkeley has a proud tradition of promoting peaceful means of intervention in international issues and has strongly opposed the war in Iraq. Recently, the City Council adopted a resolution making Berkeley a City of Sanctuary for Conscientious Objectors. The City should continue in its efforts of providing refuge to conscientious objectors and urge the Canadian government to establish provisions to provide sanctuary to U.S. war resisters.

FINANCIAL IMPLICATIONS: NONE

CONTACT PERSON: Councilmember Kriss Worthington, 981-7170. Councilmember Max Anderson, 981-7130.

Attachments: 1. Proposed letter February 13, 2008

The Right Honorable Stephen Harper Prime Minister of Canada 80 Wellington Street Ottawa, Ontario K1A 0A2 Canada

Dear Prime Minister Harper,

The Berkeley City Council strongly urges you to approve measures to provide sanctuary for United States military service members who are living in Canada to resist fighting in the Iraq War.

During the Vietnam War era, more than 50,000 Americans moved to Canada in order to avoid fighting in what they considered to be an immoral war. Today Canada again faces the moral choice of whether to give refuge to resisters of an unjust war.

There are approximately 200 war resisters right now in Canada. However, unlike the situation forty years ago, it is much more difficult to immigrate to Canada. So many of these war resisters are seeking refugee status in accord with the United Nations guidelines which read “Soldiers who refuse to fight in wars that are widely condemned by the international community as contrary to standards of human conduct should be considered as refugees.”

Unfortunately, the Canadian Refugee Board has refused to hear arguments that the war in Iraq is illegal and has not supported war resisters requests for sanctuary. The first two U.S. objectors who applied, and Brandon Hughey have appealed the Refugee Board’s decision to the Supreme Court of Canada.

Another war resister, Robin Long nearly became the first war resister to be deported but luckily Canadian officials have put his deportation on hold. Nevertheless, despite the fact that their cases are pending before the Supreme Court, it is still possible for these resisters to be deported.

Regardless of the decisions of the Refugee Board or the courts, the Canadian government should not be a party to the persecution to war resisters. These resisters are risking their lives to stand up to an unjust war. If forced back to the United States these soldiers face years of incarceration or even worst penalties.

Nearly two out of three Canadians are in favor of the US war resisters being allowed to stay in a recent poll and many have opened their homes and hearts to the resisters. Please continue in Canada’s rich and just tradition of being a refuge from militarism. The City of Berkeley has a long history of advocating for peaceful means of resolving international conflicts. The City is on record as strongly opposing the Iraq War and in response to the growing number of war resisters, last year the City Council adopted a resolution making Berkeley a City of Sanctuary for Conscientious Objectors.

We understand that legislation is currently being considered in the House of Commons to provide sanctuary for Iraqi War resisters. We ask that your government take immediate action to prevent any deportations of war resisters and adopt measures to provide sanctuary to these soldiers of conscience.

Thank you for your consideration.

CITY CLERK DEPARTMENT 2008 UPCOMING CITY COUNCIL WORKSHOPS AND STANDING ITEMS

COUNCIL WORKSHOPS: February 12, 2008 5:00 p.m. Possible Ballot Measure Discussion: Existing Taxes and Funding Options February 26, 2008 5:00 p.m. Possible Ballot Measure Discussion: Public Safety & Youth 6:00 p.m. Quarterly Economic Development Status Report March 11, 2008 5:00 p.m. Possible Ballot Measure Discussion: Infrastructure & Capital Improvements April 22, 2008 5:00 p.m. Climate Action Plan May 6, 2008 6:00 p.m. Undergrounding

ONGOING REPORTS TO COUNCIL FREQUENCY

Crime Reports (7/19/05/2/21/06) 2nd meeting – Jan/April/July/October

Bids & Contracts (7/19/05) Quarterly

Library Issues (11/15/05) Quarterly

Audit: Follow-up Cash Receipts/Cash Annually Handling (5/16/06)

Economic Development Reports (9/19/06) 1st meeting – Jan/April/July/October

Sustainability Workshop/Update Annual

Employee Safety & Workers Quarterly Compensation Update

Investments Report Quarterly

Audit recommendation – Sports field Semi-Annual Users (Parks)

2-1-1 Phone Service (Social Services Quarterly Hotline) (9/11/07) 1/29/08

G:\CLERK\AGENDA\CC\CALENDARS\Upcoming Workshops - Standing Items to Council.doc

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 Council Date for Board/ Appeal hearing. (2)Public Management - Notification (1) Appeal Receipt Letter Address Determination on Commission Period Ends Hearings Scheduled Estimated Time (2) Public Hearing Scheduled Letter Appeal Submitted are dates for a Needed public hearing as directed by the City Council. NOD – Notices of Decision 3173 College Ave ZAB 3/4/2008

Appeals Submitted (1)

Public Hearings Scheduled (2) 161 Panoramic Way ZAB 3/29/2007 6/26/2007 7/17/2007; 3 hours cont'd 9/11/07; 9/11/07 con'td to 11/6/07 cont'd to 1/29/08; cont'd to 2/12/08 Sent 4/19/07

*(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 2/21/08 cc: Allison that a hearing be scheduled. This in no way infers that a hearing will in fact be set.