berkeley city council agenda committee regular …...monday, april 13, 2009 agenda page 1 berkeley...

Monday, April 13, 2009 AGENDA

BERKELEY CITY COUNCIL AGENDA COMMITTEE

REGULAR MEETING

MONDAY, APRIL 13, 2009 2:30 P.M.

6th Floor Conference Room, 2180 Milvia Street

Committee Members: Mayor Bates and Councilmembers Linda Maio and Gordon Wozniak

AGENDA

1. Roll Call

2. Public Comment

3. Approval of Minutes: March 16, 2009

4. Review and Action of draft agendas for April 21, 2009 and April 28, 2009 a. 04/21/09 - 5:00 p.m. Worksession – Citywide Pools Master Plan b. 04/21/09 – 7:00 p.m. Regular City Council Meeting c. 04/28/09 – 5:00 p.m. Joint Worksession – City Council and Berkeley

Redevelopment Agency: West Berkeley Circulation Master Plan and West Berkeley Zoning

5. Upcoming Council Items: a. Upcoming Council Workshops and Standing Agenda Items

Schedule Special Worksessions April 28, 2009 – 5:00 p.m. – Joint Worksession – City Council and

Berkeley Redevelopment Agency : West Berkeley Circulation Master Plan and West Berkeley Zoning

May 19, 2009 – 5:00 p.m. – City Council – Downtown Area Plan b. Items Referred to Agenda Committee for Future or Possible Scheduling

(1) Alcohol Fee and Program Ordinance (2) Nuisance Abatement Against Pacific Steel Casting, 1333 Second

Street (3) Sunshine Ordinance – Information Item, May 2009 - Tentative Worksession – September 2009

6. Land Use Calendar – accept and file

7. Adjournment – next meeting April 27, 2009

Monday, April 13, 2009 AGENDA

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, Acting City Clerk, 981-6900. COMMUNICATION ACCESS INFORMATION: This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this Special meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 9, 2009

Deanna Despain, CMC, Acting City Clerk

Monday, March 16, 2009 MINUTES Page 1

BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING MINUTES

MONDAY, MARCH 16, 2009 2:30 P.M.

6th Floor Conference Room, 2180 Milvia Street Committee Members:

Mayor Bates and Councilmembers Linda Maio and Gordon Wozniak

1. Roll Call – 2:32 p.m. 2. Public Comment - 0 3. M/S/C (Wozniak/Anderson) to approve the minutes of March 2, 2009 4. Review and Action of draft agenda for March 24, 2009

a. 03/24/09 - 5:00 p.m. Worksession - Council Feedback on Priorities & Program Focus: Capital Improvement Program - Meeting Cancelled.

b. M/S/C (Wozniak/Anderson) to approve the 03/24/09 – 7:00 p.m. Regular City Council Meeting as amended to reflect the following: • Item 13: Grant Application: American Recovery and Reinvestment Act of 2009

(ARRA) Funding – add Stimulus Plan to title and add University Ave. Paving project to the recommendation.

• Item 21: Support AB 312 To Establish An Office of Citizen Complaints for the Bay Area Rapid Transit District (BART) Police Department – revised resolution submitted and Counilmembers Anderson and Arreguin added as co-sponsors.

• Item 22: Support H.R. 1283 To Repeal "Don't Ask, Don't Tell – revised to add Councilmember Worthington as a co-sponsor.

• Item 29: Budget Transparency, Internal Controls, and Delayed Action on Audits – moved to first Action item to be heard.

• Addition: City Sponsorship of the 2009 Himalayan Fair • Addition: Outstanding Women Award

5. Upcoming Council Items: a. Upcoming Council Workshops and Standing Agenda Items

Schedule Special Worksessions April 28, 2009 – 5:00 p.m. - Berkeley Redevelopment Agency : West Berkeley

Circulation Master Plan and West Berkeley Zoning

May 12, 2009 – 5:00 p.m. – City Council – Downtown Area Plan

Discussion of possibility of moving May 19th regular meeting to May 12th or May 26th due to special election on May 19th.

b. Items Referred to Agenda Committee for Future or Possible Scheduling (1) Alcohol Fee and Program Ordinance (2) Nuisance Abatement Against Pacific Steel Casting, 1333 Second

Street (3) Sunshine Ordinance – Information Item, May 2009 - Tentative Worksession – September 2009 – discuss revisions for agenda timelines. (4) Parking Meters – Staff to return with recommendations.

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6. Land Use Calendar – accepted and filed. 7. Adjournment – 2:49 p.m.

Deanna Despain, Acting City Clerk

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

C A L L I N G A S P E C I A L M E E T I N G O F T H E B E R K E L E Y C I T Y C O U N C I L

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

TUESDAY, APRIL 21, 2009 5:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Preliminary Matters

Roll Call

Public Comment – Items on this agenda only

Worksession:

1. Citywide Pools Master Plan From: City Manager Recommendation: Provide comments and direction. Contact: Lisa Caronna, Deputy City Manager, 981-7000

Adjournment

I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 16th day of April, 2009.

Tom Bates , Mayor

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

ATTEST:

Date: April 16, 2009 Deanna Despain, CMC, Acting City Clerk

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Tuesday, April 21, 2009 AGENDA Page 2

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

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via Internet accessible video stream at http://www.CityofBerkeley.info/video and KPFB Radio 89.3. Archived indexed video streams are available at http://www.CityofBerkeley.info/CityCouncil. 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

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.

D R A F T A G E N D A

BERKELEY CITY COUNCIL MEETING


Council Chambers, 2134 Martin Luther King Jr. Way TOM BATES, MAYOR Councilmembers:


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, Acting City Clerk, 981-6900

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

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.

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Tuesday, April 21, 2009 DRAFT AGENDA Page 2

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.

Recess Consent Item

1. Contract No. 7068 Amendment: Lamphier-Gregory, Inc. – Final Environmental Impact Report (FEIR) for the Downtown Area Plan From: City Manager Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 7068 with Lamphier-Gregory to complete the Final Environmental Impact Report (FEIR) for the Downtown Area Plan in an amount not to exceed $6,200. Financial Implications: Permit Service Center Fund - $6,200 Contact: Dan Marks, Planning and Development, 981-7400

Consent Calendar

2. Lease Agreement: Rod and Gun Club Building (90 Bolivar Drive) in Aquatic Park to Bay Area Outreach and Recreation Program (BORP). From: City Manager Recommendation: Adopt second reading of Ordinance No. 7,074 –N.S. authorizing the City Manager to execute a lease agreement with Bay Area Outreach and Recreation Program (“BORP”) to use the property located at 90 Bolivar Drive in Aquatic Park for a term anticipated to begin June 1, 2009 and ending December 31, 2013, with an option to extend the term for an additional five-year period. Financial Implications: See report First Reading Vote: All ayes. Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Consent Calendar


3. Adoption of Amendment to Berkeley Building Codes From: City Manager Recommendation: Adopt second reading of Ordinance No. 7,075–N.S. repealing Article 7 of the Berkeley Building Code, Repairs after Natural Disaster, BMC Section 19.28.90; and adopting new Article 7, Repair and Reconstruction Ordinance, BMC Section 19.28.90. Financial Implications: See report First Reading Vote: All ayes. Contact: Dan Marks, Planning and Development, 981-7400

4. City Manager Authority to Defer Development Fees for Priority Economic Development Projects From: City Manager Recommendation: Adopt second reading of Ordinance 7,076–N.S. amending Berkeley Municipal Code Section 19.28.020 California Building Code Appendix Chapter 1 Section A108.1 to allow permits issued in the context of a City Manager fee deferral to be considered valid. Financial Implications: See report First Reading Vote: Ayes–Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates. Noes–Arreguin, Worthington. Contact: Michael Caplan, Economic Development, 981-7000

5. Minutes for Approval From: City Manager Recommendation: Approve the minutes for the Council meetings of March 17, 2009 (special) and March 24, 2009 (regular). Financial Implications: None Contact: Deanna Despain, City Clerk Department, 981-6900

6. Amendment: FY 2009 Annual Appropriations Ordinance From: City Manager Recommendation: Adopt first reading of an Ordinance amending the FY 2009 Annual Appropriations Ordinance No. 7,069-N.S. for fiscal year 2009 based upon recommended re-appropriation of committed FY 2008 funding and other adjustments authorized since July 1, 2008. Financial Implications: None Contact: Tracy Vesely, Budget Manager, 981-7000

7. Blanket Purchase Order: Financial Data Solutions, Inc (FDSI) From: City Manager Recommendation: Adopt a Resolution to ratify expenditures of $14,605 already paid to FDSI for services provided in fiscal years FY 2006 and FY 2007 on BPO 65688, and authorizing the City Manager to execute a blanket purchase order (BPO) with Financial Data Solutions, Inc (FDSI) in the amount of $37,100 to pay for remittance processing services already provided and services anticipated through June 30, 2009. Financial Implications: Refuse Fund - $37,100 Contact: Robert Hicks, Finance, 981-7300

Consent Calendar


8. 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 - $3,136,691 Contact: Robert Hicks, Finance, 981-7300

9. Annual Purchase Order for Turnouts: L.N. Curtis and Sons From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an annual purchase order and any amendments with L.N. Curtis and Sons for the purchase of turnouts (i.e., protective firefighting coats and trousers) beginning July 1, 2009 in an amount not to exceed $100,000 per fiscal year with option to extend for up to a maximum of five years for a total amount not to exceed $500,000. Financial Implications: See report Contact: Debra Pryor, Fire, 981-3473

10. Purchase Order for ALS Cardiac Monitors: Philips Healthcare From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order and any amendments with Philips Healthcare for the purchase of fifteen Advanced Life Support (ALS) Cardiac Monitors for Emergency Response Vehicles in an amount not to exceed $350,000. Financial Implications: See report Contact: Debra Pryor, Fire, 981-3473

11. Adoption of the Alameda County Ambulance Ordinance From: City Manager Recommendation: Adopt first reading of an Ordinance adding B.M.C. Chapter 12.54 authorizing enforcement in Berkeley of Chapter 6.114 of the Alameda County Ordinance Code. Financial Implications: None Contact: Debra Pryor, Fire, 981-3473

12. Reappointment to Mental Health Commission From: City Manager Recommendation: Approve the reappointment of Nadine Dixon to the Mental Health Commission, as a representative of the Special Public Interest Category, to continue her three-year term ending April 24, 2010. Financial Implications: None Contact: Fred Medrano, Health and Human Services, 981-5100

Consent Calendar


13. Housing Trust Fund Program Guidelines Revisions From: City Manager Recommendation: Adopt a Resolution adopting the revised City of Berkeley's Housing Trust Fund (HTF) Program Guidelines. The Housing Advisory Commission (HAC) has recommended that the City Council adopt the revised HTF Guidelines. The Planning Commission has also approved the revised Guidelines as consistent with City's General Plan. Financial Implications: See report Contact: Jane Micallef, Housing, 981-5400

14. Shelter Plus Care Contract with the County of Alameda From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the County of Alameda for Shelter Plus Care funds in the amount of $225,932, to provide tenant-based rental assistance for homeless people living with HIV/AIDS for the 12-month period of March 1, 2009 through February 28, 2010. Financial Implications: See report Contact: Jane Micallef, Housing, 981-5400

15. Shelter Plus Care Program Renewal Grants From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to accept grant awards from the U.S. Department of Housing and Urban Development to renew three Shelter Plus Care grants: one for the amount of $1,814,400 for tenant-based rental assistance for the period May 24, 2009 through May 23, 2010; the second for the amount of $114,468 for sponsor-based rental assistance for the Pathways Project for the period June 1, 2009 through May 31, 2010, with Bonita House, Inc. as the project sponsor; and the third for the amount of $117,648 for the sponsor-based rental assistance for the Supportive Housing Network for the period of June 1, 2009 through May 31, 2010, with Resources for Community Development as the project sponsor. Financial Implications: See report Contact: Jane Micallef, Housing, 981-5400

16. Contract No. 7008 Amendment: Hanson Bridgett Marcus Vlahos Rudy LLP From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7008 with Hanson Bridgett Marcus Vlahos Rudy LLP (hereinafter "Hanson Bridgett") by increasing expenditure authority in an amount not to exceed $40,000 for legal services pertaining to federal and state tax issues. Financial Implications: General Fund - $40,000 Contact: David Hodgkins, Human Resources, 981-6800

Consent Calendar


17. Supplemental Military Leave Compensation Policy From: City Manager Recommendation: Amend Resolution No. 63,646-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2010 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months. Financial Implications: General Fund - approximately $90,000 Contact: David Hodgkins, Human Resources, 981-6800

18. Contract No. 7550 Amendment: Architectural Resources Group, Inc. – Design and Repair of Balustrade at The Circle From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment to contract no. 7550, with Architectural Resources Group, Inc. (ARG) for professional design services by $43,880 for a total contract amount not to exceed $67,321, including a 15% contingency. Financial Implications: See report Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

19. Grant Application: Environmental Enhancement and Mitigation Program – Caltrans – Tree Planting Project in Berkeley From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Environmental Enhancement and Mitigation Caltrans Program (EEMP) for the Berkeley Urban Reforestation Project in the amount of $201,700; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant. Financial Implications: $201,700 in revenue. Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

20. Contract: Summer Food Service Program - San Lorenzo Unified School District From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the San Lorenzo Unified School District to provide lunches and snacks to Berkeley youth for the period of June 1, 2009 through August 31, 2012 for a total amount not to exceed $350,000. Financial Implications: Summer Youth Lunch Fund- $350,000 Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Consent Calendar


21. Contract No. 7812 Amendment: Phil Singer Landscape Architects – Gilman Street Fields, Phase II Design From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to contract no. 7812 with Phil Singer Landscape Architects increasing the scope of work to include landscape architectural design services for Phase II of the Gilman Street Sports Fields, for an additional amount not to exceed $142,000 for a total contract amount not to exceed $161,000 for the term of April 1, 2009 through December 31, 2010. Financial Implications: Parks Tax Fund - $161,000 Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

22. Purchase Order: Public Safety Dispatch Center Workstations From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a Purchase Order with Wright Line LLC in an amount not to exceed $146,975.26 to purchase and install twelve workstations in the Public Safety Dispatch Center. Financial Implications: See report Contact: Douglas N. Hambleton, Police, 981-5900

23. Contract No. 7241 Amendment: Investigative Forensic Services From: City Manager Recommendation: Adopt Resolution authorizing the City Manager to amend Contract Number 7241 Forensic Analytical Laboratory for DNA testing and analysis by $50,000 for a total amount not to exceed $110,000. Financial Implications: See report Contact: Douglas N. Hambleton, Police, 981-5900

24. Contract No. 7189 Amendment: Vehicle Storage and Towing Services From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7189 with Avenue Towing, Berry Brothers Towing, East Bay Tow and Recovery, and Hustead's Tow, Inc. for vehicle storage and towing, to increase the amount by $25,000 for a total not to exceed $75,000. Financial Implications: See report Contact: Douglas N. Hambleton, Police, 981-5900

25. Lease Agreement: Police Department Substation, 841 Folger Street/3000 Seventh Street From: City Manager Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a five year lease agreement and any amendments with Sasha Shamszad for real property located at 841 Folger Street/ 3000 Seventh Street for the purpose of leasing office and parking space to the Berkeley Police Department Traffic and Parking Enforcement Units for the five-years from approximately July 1, 2009 to June 30, 2014 with an option to extend for an additional five-year period. Financial Implications: See report Contact: Douglas N. Hambleton, Police, 981-5900

Consent Calendar


26. Contract: Top Grade Construction for University Avenue Reconstruction Project from 6th Street to San Pablo Avenue (Phase 1) From: City Manager Recommendation: Adopt a Resolution 1) approving the plans and specifications for the University Avenue Reconstruction Project, 08-10326-C; 2) accepting the bid of Top Grade Construction; and 3) authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $926,659 for the period of 65 working days from the date of the execution of the contract. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

27. Contract No. 7518B Amendment: MRI Contract Staffing, Inc. (formerly Management Recruiters/Berkeley) for Temporary Parking Services Staff From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7518B with MRI Contract Staffing, Inc. (formerly Management Recruiters/Berkeley) for a temporary Parking Services Specialist, increasing the amount by $6,000, for a total amount not to exceed $116,000 for the period July 1, 2007 to May 31, 2009. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

28. Contract: Gold Wing Engineering for Sanitary Sewer Project at Heinz Avenue, Grant Street, et al From: City Manager Recommendation: Adopt a Resolution: 1 Approving plans and specifications for the Sanitary Sewer Project, 09-10376-C,

located at Heinz Avenue, Grant Street, et al 2 Accepting the bid of Gold Wing Engineering 3 Authorizing the City Manager to execute a contract and any amendments,

extensions or other change orders until completion of the project in an amount not to exceed $506,719 for the period of 220 calendar days from the date of the execution of the contract.

Financial Implications: Sanitary Sewer Fund - $506,719 Contact: Claudette Ford, Public Works, 981-6300

29. Sewer System Management Plan From: City Manager Recommendation: Adopt a Resolution approving Berkeley's Sewer System Management Plan as mandated by the State Water Resources Control Board. Financial Implications: None Contact: Claudette Ford, Public Works, 981-6300

Consent Calendar


30. Contract No. 7817 Amendment: Gettler-Ryan, Inc. for the Corporation Yard Underground Storage Tank Piping Upgrade From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7817 with Gettler-Ryan, Inc. to add the tasks of environmental testing and reporting and the payment of permit fees in the amount of $13,327 for a revised contract amount not to exceed $61,327 and to extend the contract term to September 30, 2009. Financial Implications: Capital Improvement Fund - $13,327 Contact: Claudette Ford, Public Works, 981-6300

31. Declaration of Intent: FY 2010 Street Lighting Assessment From: City Manager Recommendation: Adopt a Resolution to: 1) approve the Engineer's Report, Street Lighting Assessment District 1982-1, dated February 2009; 2) set a public hearing to be held before Council at its May 19, 2009 Council Meeting; and 3) authorize the City Clerk to publish the notice of the public hearing for FY 2010 levy of assessments of Street Lighting Assessment District No. 1982-1. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

32. Contract No. 6244 Amendment: Kin Woo Construction, Inc. - James Kenney Recreation Center Renovation From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6244 with Kin Woo Construction, Inc. for additional renovation work items at the James Kenney Recreation Center, increasing the original amount of $763,800 by $18,215 for a new contract total not to exceed $782,015. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

33. Major Encroachment Permit - 2390 Fourth Street From: City Manager Recommendation: Adopt a Resolution authorizing the issuance of a major encroachment permit for 2390 Fourth Street LLC, applicant, for an accessible ramp and walkway, including stairs, curbs and railings for general public use, encroaching into the public right-of-way of Channing Way at 2390 Fourth Street. Financial Implications: None Contact: Claudette Ford, Public Works, 981-6300

Consent Calendar


34. Agreement: Alameda County Congestion Management Agency - I-80/Gilman Street Interchange Project From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to: 1 Execute an agreement with Alameda County Congestion Management Agency

(CMA) to lead the project development phase for the I-80/Gilman Interchange improvements;

2 Transfer the $1.2 million federal earmark and $300,000 local match from the City of Berkeley to the CMA to be used towards completion of the development phase of this project.

Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

35. Purchase Order: Hoblit Motors for Nine Patrol Vehicles From: City Manager Recommendation: Adopt a Resolution accepting the California Statewide Contract's bid procedures to satisfy the requirement of Berkeley Charter 67.2 and authorizing the City Manager to execute a purchase order for nine patrol vehicles with Hoblit Motors in an amount no to exceed $249,130. Financial Implications: Equipment Replacement Fund - $249,130 Contact: Claudette Ford, Public Works, 981-6300

36. Community Choice Aggregation From: Energy Commission Recommendation: Schedule a workshop on Community Choice Aggregation (CCA) for the fall of 2009, at which time the Energy Commission will deliver a report. Additionally, the Commission recommends that the $70,000 set aside for CCA be reserved for that purpose. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400

37. Pacific Steel Casting Court Action on Odor Management Plan From: Community Environmental Advisory Commission Recommendation: Authorize the City Attorney to intervene in San Francisco Superior Court Case Number CGC-08-482228 in order to obtain disclosure of the Odor Management Plan for Pacific Steel Casting (PSC), as requested by the City of Berkeley pursuant to the Public Records Act. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400

Council Consent Items 38. Appointment of George Austin to the Berkeley Housing Authority

From: Mayor Bates Recommendation: Adopt a Resolution approving the appointment of George Austin to the position vacated by Pastor Michael McBride on the Berkeley Housing Authority (BHA). Financial Implications: None Contact: Tom Bates, Mayor, 981-7100

Council Consent Items


39. Support for AB 1288 - Employment Acceleration Act of 2010 From: Mayor Bates, Councilmembers Moore, Anderson and Arreguin Recommendation: Adopt a Resolution in support of AB 1288 - Employment Acceleration Act of 2010, authored by Assemblyman Paul Fong, which maintains federal immigration policy and prohibits state and local governments from requiring private employers to use E-Verify. Financial Implications: None Contact: Tom Bates, Mayor, 981-7100;

40. Opposition to Proposition 1A of 2009 From: Mayor Bates Recommendation: Adopt a Resolution opposing Senate Constitutional Amendment - Proposition 1A of 2009; and request the City Manager send copies of the resolution to the Alameda County Mayors and the Clerks of the Board of Supervisors in Alameda County and San Francisco County for distribution to their members. Proposition 1A will appear on the May 19, 2009 Special Election ballot. The measure was referred to the ballot by Assembly Constitutional Amendment 1, authored by Assemblyman Roger Niello (R-Fair Oaks). Financial Implications: None Contact: Tom Bates, Mayor, 981-7100

41. Installation of Mountable, Small Traffic Circles From: Councilmember Maio Recommendation: Request the City Manager to provide a staff recommendation and cost information on mountable, small traffic circles that might be used as an alternative to the large expensive circles. Small traffic circles could be placed in selected intersections in neighborhoods to calm traffic. Financial Implications: None at this time Contact: Linda Maio, Councilmember, District 1, 981-7110

42. Speed Cushion Referral to Disability Commission From: Councilmember Maio Recommendation: Request the City Manager to have staff review the speed cushion pilot and the concept with the Commission on Disability and request Commission approval to expand the pilot to several streets in northwest Berkeley with high east/west commute traffic: Rose/Cedar/Hopkins, between San Pablo and Sacramento. Financial Implications: $14,000 per location Contact: Linda Maio, Councilmember, District 1, 981-7110

43. Relinquishment of Council Office Budget: Our Family Coalition's First Annual Night Out From: Councilmember Moore Recommendation: Adopt a Resolution to approve the expenditure, not to exceed $250 from all Councilmembers discretionary Council Office Budgets for their attendance at Our Family Coalition's First Annual Night Out Financial Implications: Councilmember's Discretionary Fund - $250 Contact: Darryl Moore, Councilmember, District 2, 981-7120



44. Co-Sponsorship of the 22nd Annual Berkeley Juneteenth Festival From: Councilmember Anderson Recommendation: Adopt a Resolution approving co-sponsorship of the 22nd Annual Berkeley Juneteenth Festival to be held on Saturday, June 13, 2009. Financial Implications: Unknown Contact: Max Anderson, Councilmember, District 3, 981-7130

45. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Berkeley Earth Day 2009 From: Councilmember Anderson Recommendation: Adopt a Resolution to approve the expenditure of $250 to Berkeley Earth Day 2009 with funds relinquished to the City's General Fund for this purpose from Councilmember Anderson's discretionary Council Office Budget. Financial Implications: Councilmember Anderson's Discretionary Fund - $250 Contact: Max Anderson, Councilmember, District 3, 981-7130

46. Stimulus Funds for Lawrence Berkeley Lab Remediation From: Councilmember Arreguin Recommendation: Direct the City Manager to write a letter to the Department of Energy (DOE) and others in support of economic stimulus funding for soil and groundwater remediation at Lawrence Berkeley National Laboratory to the highest standards available. The groundwater clean up should consider that the public will need to use this valuable resource in the future. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

47. Urging Berkeley Restaurants to Remove Foie Gras from their Menus From: Councilmember Arreguin Recommendation: Adopt a Resolution urging Berkeley restaurants to remove foie gras from their menus before the California statewide ban goes into effect, to avoid supporting this extreme form of cruelty. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

48. City Sponsorship of the 2009 Open Opera Performances at Live Oak Park and John Hinkel Park From: Councilmember Capitelli Recommendation: Adopt a Resolution co-sponsoring the 2009 Open Opera performances on May 30th at Live Oak Park, July 25 and 26 at John Hinkel Park and Oct 17, 2009 at Live Oak Park. Financial Implications: None Contact: Laurie Capitelli, Councilmember, District 5, 981-7150



49. Installation of Conduit for Future Fiber Optic Cables From: Councilmembers Capitelli, Maio, Moore and Wozniak Recommendation: Request the City Manager direct staff to investigate requiring the installation of conduits for future fiber optic cables whenever a major city street is excavated or renovated and report back to Council with feasibility and cost estimates. Financial Implications: Unknown Contact: Laurie Capitelli, Councilmember, District 5, 981-7140

50. Affidavit of Residency for City Commissioners and Board Members From: Councilmembers Wengraf, Capitelli, Wozniak Recommendation: Request that the City Manager return to Council with a proposed Ordinance requiring all members of City Boards and Commissions to file an affidavit of residency at the time of appointment and annually for the duration of their service on a commission. Financial Implications: None Contact: Susan Wengraf, Councilmember, District 6, 981-7160

51. Rain Water Containment Systems in New City Buildings and Library Remodels From: Councilmembers Wengraf, Moore and Wozniak Recommendation: Request that the City Manager direct the architects of the new animal shelter and the new library branches to consider incorporating rainwater collection systems into the design of these new city buildings. Financial Implications: Unknown Contact: Susan Wengraf, Councilmember, District 6, 981-7160

52. Proclamation Declaring April 24, 2009 Armenian Genocide Commemoration Day in Berkeley From: Councilmember Worthington Recommendation: That the Berkeley City Council supports a proclamation declaring April 24, 2009 Armenian Genocide commemoration day in Berkeley. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170

53. Declaring Diane Griffin Day, and Thanking Her for Helping Save Taxpayers $289,000 in Overcharges From: Councilmember Worthington Recommendation: City Council to issue proclamation declaring Diane Griffin Day, and thanking her for helping identify overcharges, thereby saving taxpayer's approximately $289,000. 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.

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.

54. Allocation of Funds for Community Agencies for FY2010 and Submission of the Fifth Year Annual Action Plan From: City Manager Recommendation: Conduct a Public Hearing on the Allocation of Funds for Community Agencies for FY2010, including the Submission of the Fifth Year Annual Action Plan, and upon conclusion, adopt a Resolution: 1. Approving proposals for funding under the FY2010 Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and Home Investment Partnerships (HOME) Program Community Housing Development Organization (CHDO) operating programs; and 2. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds with conditional two-year contracts for all projects in the Public Services category and one-year contracts for other projects; and 3. Allocating 85% of the FY2010 HOME funds to the Housing Trust Fund, 10% for

HOME program administration, and 5% for CHDO Operating programs; and 4. Authorizing the City Manager to submit the Fifth Year Annual Action Plan to the

U.S. Department of Housing and Urban Development (HUD). Financial Implications: See report. Contact: Jane Micallef, Housing, 981-5400

Action Calendar – Public Hearing


55. Recommendations for Use of Funds through the American Reinvestment and Recovery Act of 2009 (CDBG-R, ESG/HPRP, DOE -WAP) and Substantial Amendments to the Fourth Year Annual Action Plan From: City Manager Recommendation: Conduct a Public Hearing on the Recommendations for Use of Funds through the American Reinvestment and Recovery Act of 2009 (ARRA), including Substantial Amendments to the Fourth Year Annual Action Plan, and upon conclusion, adopt a Resolution: 1. Authorizing the execution of any agreements and amendments resulting from the City of Berkeley's allocation of additional CDBG, ESG, and Weatherization funding as part of the federal "Stimulus Package" (American Recovery and Reinvestment Act of 2009 - ARRA); and 2 Authorizing the City Manager to submit a substantial amendment to the Fourth Year Annual Action Plan for CDBG and any other required documents to include activities funded through the ARRA; and 3 Authorizing the City Manager to submit substantial amendment to the Fourth

Year Annual Action Plan for ESG/HPRP and any other required documents to include activities funded through the ARRA; and

4 Approving the DOE ARRA Local Plan for the Weatherization Assistance Program submitted to the State Department of Community Services and Development and any other required documents to include activities funded through the ARRA.

Financial Implications: See report. Contact: Jane Micallef, Housing, 981-5400

56. Joint Agreement: City of Livermore, and Alameda, Berkeley, Fremont, San Leandro and Union City - Participation in the State of California Neighborhood Stabilization Program From: City Manager Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution approving a Joint Agreement between the City of Berkeley and the Cities of Alameda, Fremont, Livermore San Leandro and Union City for participation in the State of California’s Neighborhood Stabilization Program, and authorizing the City Manager to sign all related documents. Financial Implications: None from City's General Fund Contact: Jane Micallef, Housing, 981-5400


Action Calendar – New Business

57. Refuse Collection Rate Increase From: City Manager Recommendation: 1) Adopt a Resolution that establishes procedures for establishing and increasing property related fees and charges under Proposition 218; 2) Approve residential, commercial and roll-off container refuse collection rates for consideration by the city council, subject to the majority protest process required by Proposition 218 and authorize commencement of that process; 3) Set a public hearing date of June 23, 2009, and send notifications as required by State law in order that City Council may act adjust refuse collection rates on that date, effective July 1, 2009. Financial Implications: See report. Contact: Phil Kamlarz, City Manager's Office, 981-7000

58. Climate Action Plan a. From: City Manager Recommendation: Adopt a Resolution approving the April 2009 draft of the Berkeley Climate Action Plan as the "preferred project" for the purpose of environmental review. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400

b. Energy Commission Information Report Contact: Neal De Snoo, Secretary, Berkeley Energy Commission, 981-7400

59. Proposed Sweatshop Free Ordinance a. From: Councilmembers Worthington, Anderson and Arreguin Recommendation: Adopt the Sweatshop-Free procurement ordinance for the City of Berkeley Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 b. From: Commission on Labor Recommendation: At the Commission on Labor special meeting on February 18, 2009, the Commission adopted the following recommendation: To accept the Sweatshop Free Procurement Ordinance language with amendments as discussed. M/S/C: (Monk-Hallberg/Id-Deen) Ayes: Barbara Gilbert, Mansour Id-Deen, Esther Martino, Edith Monk-Hallberg, Candace Nisby, Igor Tregub Noes: None Abstain: None Absent: Nicolas Razo, Mayra Ureno. Financial Implications: See report Contact: Delfina Geiken, Commission Secretary, Economic Development, 981-7551


c. From: City Manager Recommendation: Direct staff to analyze and revise the proposed Sweatshop Free Ordinance passed by the Commission on Labor and bring back to City Council a revised Ordinance no later than September 29, 2009 for consideration. Financial Implications: See report Contact: Robert Hicks, Finance, 981-7300

Information Reports

60. Research Limiting Plastic Bottle Use in Public Operations From: City Manager Contact: Phil Kamlarz, City Manager's Office, 981-7000

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

62. LPC-NOD: 771 San Diego Road From: City Manager Contact: Dan Marks, Planning and Development, 981-7400

63. Quarterly Report: Crime in Berkeley From: City Manager Contact: Douglas N. Hambleton, Police, 981-5900

Public Comment – Including Items Not Listed on the Agenda –

Adjournment


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.



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



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this 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 April 16, 2009.

Deanna Despain, CMC, Acting City Clerk

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

Communication (or Agenda Item) Title 1. Author

Energy Commission

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR April 21,2009

To: Honorable Mayor and Members of the City Council From: Energy Commission

Submitted by: Neal De Snoo, Secretary, Berkeley Energy Commission

Subject: Community Choice Aggregation

RECOMMENDATION Schedule a workshop on Community Choice Aggregation (CCA) for the fall of 2009, at which time the Energy Commission will deliver a report. Additionally, the Commission recommends that the $70,000 set aside for CCA be reserved for that purpose. FISCAL IMPACTS OF RECOMMENDATION The City has approximately $70,000 unspent in contracts for professional services related to CCA in the General Fund (010-8308-463-30-38). These include balances in consulting contracts to prepare a CCA implementation plan for filing with the California Public Utilities Commission, additional peer review of the consultant’s reports and a retainer for legal services related to CCA. The Commission’s recommendation is to reserve these funds for that purpose.

CURRENT SITUATION AND ITS EFFECTS A business plan for a CCA with Oakland, Emeryville and Berkeley was released in October 2008 with a staff report to the Berkeley Energy Commission recommending that the City not proceed with a CCA and reprogram the balance of the CCA funding for implementation of the Climate Action Plan.

BACKGROUND The Berkeley Energy Commission has completed an initial review of the Business Plan prepared by Navigant Consulting for an East Bay Community Choice Aggregation (CCA) that would include the cities of Berkeley, Emeryville, and Oakland.

RATIONALE FOR RECOMMENDATION While we recognize that the present economic climate and severe uncertainties concerning energy supply and development may introduce additional challenges to forming a CCA, the strong motivations of local control of our energy destiny, and of the successful pursuance of our Climate Action Plan, lead us to recommend that the City continue to study the possibility of forming an East Bay CCA or joining a CCA with other cities.

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Community Choice Aggregation CONSENT CALENDAR April 21,2009

ALTERNATIVE ACTIONS CONSIDERED The Commission considered the staff recommendation.

CITY MANAGER The City Manager refers this report to the Council Agenda Committee. The City Manager notes that in or about November 2008, Emeryville’s City Council formally withdrew from any further participation in a CCA with Oakland and Berkeley. Therefore the plan is plan is no longer applicable since the plan is based on a CCA that included Emeryville.

CONTACT PERSON Neal De Snoo, Energy Program Officer, Planning Department, 510-981-7439

Community Environmental Advisory Commission


CONSENT CALENDAR April 21, 2009

To: Honorable Mayor and Members of the City Council From: Community Environmental Advisory Commission (CEAC)

Submitted by: Greg Leventis, Chair, CEAC

Subject: Pacific Steel Casting Court Action on Odor Management Plan

RECOMMENDATION Authorize the City Attorney to intervene in San Francisco Superior Court Case Number CGC-08-482228 in order to obtain disclosure of the Odor Management Plan for Pacific Steel Casting (PSC), as requested by the City of Berkeley pursuant to the Public Records Act. SUMMARY PSC has provided a second Odor Management Plan (OMP), which was approved by BAAQMD last year. The City requested a copy of the approved OMP pursuant to the Public Records Act. The BAAQMD provided the request to PSC, as per its protocols. PSC claimed that the OMP was a trade secret and has filed suit to obtain an injunction to prevent its disclosure. The CEAC took this latest action asking the City to support the release of the OMP on March 5, 2009. The CEAC believes that the OMP contains no trade secret information and that the aim of PSC is to prevent sharing of information with the public. FISCAL IMPACTS OF RECOMMENDATION Potentially significant expenditure of staff resources and consequent delay of other work; litigation and possibly expert witness costs. [TAV1]CURRENT SITUATION AND ITS EFFECTS Objectionable odors and potentially harmful chemicals from Pacific Steel Casting have plagued the northwest Berkeley community for decades. Regulatory action by the Bay Area Air Quality Management District (BAAQMD), resulting from community complaints, and community legal action directly against PSC have been the only relief. BACKGROUND Pacific Steel Casting (PSC) is the third largest foundry of its kind in the country and has been located in West Berkeley for more than 50 years. Berkeley residents have complained about noxious odors emanating from PSC’s three foundry buildings for

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Pacific Steel Casting Court Action on Odor Management Plan CONSENT CALENDAR Page 2 April 21, 2009

many years. The BAAQMD received numerous complaints from the Berkeley public in the early 1980s, which resulted in installation of odor controls in two of PSC’s foundry buildings. While odor control equipment has reduced some odors, the odors persist and are objectionable. Many members of the community remain highly concerned that future odor controls may not eliminate the toxic air contaminants present in high amounts in PSC emissions. Historically, PSC’s response to community and City of Berkeley concerns on odors has been unsatisfactory.

For the past three years, the CEAC has been engaged, with the public, in evaluating the health risks and nuisance odors from PSC. At the same time, the BAAQMD was pursuing its latest order based on community complaints, which required PSC to conduct an emissions inventory, and a subsequent health risk for these emissions. In addition, the BAAQMD also required PSC to implement an OMP. All the items required by the BAAQMD ran behind schedule, largely for permitting or testing reasons.

PSC continues to be unresponsive to community concerns pertaining to odors and toxic air contaminants emitted from the plant, and PSC has chosen not to engage the community in productive dialogue. For example, PSC did not respond to an April 2006 written recommendation from Michael Wilson, PhD, of UC Berkeley’s Center for Occupational and Environmental Health, to consider an alternative approach to reducing air contaminants by reducing the use of toxic substances, conducting materials accounting and process evaluation, using safer alternatives to toxic materials, and other methods. Dr. Wilson drafted the proposal at the request of PSC’s representatives, AJE Partners. The proposal called for six steps to be initiated by PSC, in cooperation with city officials, union representatives, and community members. After six months, no response was received from PSC or its representatives regarding this recommendation.

When strong odors are present the BAAQMD complaint process has not been helpful to the community. For example, the BAAQMD complaint process does not respond quickly enough and the odor has frequently dissipated by the time inspectors arrive on the scene. Also, several complaints have gone unattended because they occurred on a weekend or evening, and the day or more delay results in an ineffective system.

On February 12, 2008, the Council considered referring PSC to the Zoning Officer for review of nuisance and health conditions as part of their Use Permit review. After hearing from both PSC employees and community members, the Council approved referral of the issue to the Agenda Committee, and began to pursue an agreement between the City and Pacific Steel Casting. RATIONALE FOR RECOMMENDATION Although PSC has agreed to complete a number of tasks to address toxics concerns, their progress has been extremely slow. PSC is now seeking an injunction

Pacific Steel Casting Court Action on Odor Management Plan CONSENT CALENDAR Page 3 April 21, 2009

to stop the BAAQMD from releasing the OMP to the public. The continued delay in releasing the OMP to the public is unacceptable; it is imperative that these matters be resolved quickly as the OMP is of material concern to neighborhood residents and the citizens of Berkeley.

PSC has been forced to make significant improvements to its facility through the public complaints process, promulgated in BAAQMD rules and regulations. Without the complaints process, it is our belief that progress to abating emissions and odors would be years behind the current, and unacceptable, level of emissions and odors. The OMP is a tool that was approved to both contain odors and also to respond to and abate such odors. The public interest in this document is hence paramount. A poorly written OMP may allow BAAQMD to rely on PSC staff to confirm and/or abate the odors. The CEAC is looking for a more aggressive method in identifying, responding to, abating and finally reporting on odor complaints. It is clear that BAAQMD does not have sufficient staff to respond to odor complaints. With the recent adoption of wood smoke policing duties by BAAQMD, they will be even less prepared to respond to odor complaints than in the past.

CEAC has concluded that it is vital for the City of Berkeley to involve itself directly in this matter. ALTERNATIVE ACTIONS CONSIDERED No action; rejected based on preceding discussion. CITY MANAGER The City Manager concurs with the content and recommendations of the Commission’s Report. CONTACT PERSON Nabil Al-Hadithy, HazMat Manager, Planning & Development, 510-981-7461

Office of the Mayor

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us/mayor


To: Members of the City Council From: Mayor Tom Bates Subject: Appointment of George Austin to the Berkeley Housing Authority RECOMMENDATION: Approve the appointment of George Austin to the position vacated by Pastor Michael McBride on the Berkeley Housing Authority (BHA). BACKGROUND: On May 22, 2007, the Berkeley City Council established a Berkeley Housing Authority (BHA) Board of Commissioners. State law mandates BHA commissioners, including successors, be appointed by the Mayor and confirmed by the City Council. In March2009, BHA Chairperson, Carole Norris, accepted the resignation of Pastor Michael McBride. Pastor McBride has been an excellent commissioner, but due to demanding professional and personal responsibilities he felt it prudent to resign. The Mayor’s office recently publicized the Board openings by issuing a press release to local media, emailing the Mayor’s Office email list, posting an announcement on the Mayor’s website, asking housing-related community organizations to advertise the openings, and making announcements at City Council and BHA meetings. Council Member Linda Maio and Carole Norris, chairperson for the Berkeley Housing Authority assisted me in screening and interviewing applicants. I am recommending Mr. George Austin for the vacant position. As the Program Director for Stiles Hall's Experience Berkeley program, Mr. Austin will bring to the Berkeley Housing Authority his commitment to social justice and to helping underrepresented populations. As a 2007 UC Berkeley graduate, Mr. Austin will also be an important voice for young people in Berkeley. FISCAL IMPACTS: None. CONTACT PERSON: Mayor Tom Bates, 981-7100. ATTACHMENT(S): George Austin’s Resume

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

APPOINTMENT OF GEORGE AUSTIN TO THE BERKELEY HOUSING AUTHORITY BOARD OF COMMISSIONERS PURSUANT TO HEALTH AND SAFETY CODE SECTION 34270 WHEREAS, the Council of the City of Berkeley, as the governing body of the City of Berkeley, declared itself to the Commissioners of the Berkeley Housing Authority (BHA) and appointed two tenant Commissioners pursuant to Health and Safety Code Section 34290; and WHEREAS, on May 22, 2007 the Mayor appointed and the City Council by a majority vote confirmed the appointment of 5 Commissioners and 2 tenant Commissioners to the BHA Board pursuant to Health and Safety Code Section 34270; and WHEREAS, in March 2009 the chair of the Berkeley Housing Authority Board of Commissioners accepted the resignation of Pastor Michael McBride, creating a vacancy on the Board; and WHEREAS, the Mayor of the City of Berkeley is an office filled by election of the people; and NOW THEREFORE, BE IT RESOLVED by the Mayor of the City of Berkeley that George Austin is hereby appointed to serve as a Commissioner of the Berkeley Housing Authority Board. BE IT FURTHER RESOLVED by the Council of the City of Berkeley that it supports the Mayor’s determination regarding the qualifications of Mr. Austin and hereby confirms the Mayor’s appointment. BE IT FURTHER RESOLVED by the Mayor of the City of Berkeley that, pursuant to Health and Safety Code Section 34272(a), Mr. Austin is appointed to serve a four-year term.

GEORGE AUSTIN

EDUCATION University of California, Berkeley, B.A. Sociology 12/07 PROFESSIONAL EXPERIENCE

Program Director Stiles Hall’s Experience Berkeley 6/07-present

• Planned and executed $250,000 program to increase Black, Latino & Native admits

• Doubled students served with 54% admit rate

• Recruited, Trained and Managed 10 staff and 100 volunteers (18-38yrs)

• Designed and Facilitated transfer student seminar

Application Reader Office of Undergraduate Admissions, UC Berkeley 11/07-present

Paid Intern Office of the Assistant Vice Provost, UC Berkeley 7/06-7/07

• Reorganized financial reports for ten Berkeley departments

Paid Intern Cross-Cultural Center, UC Berkeley 3/06- 4/07

• Oversaw $40,000 Budget

Paid Intern Greenlining Institute 8/06-3/07

• Assisted negotiations and research of the California Insurance Commission COMMUNITY SERVICE & ADVOCACY

National Representative NAACP, Resolutions Committee Baltimore, MD 5/05-5/06

• Established national policies for 100,000 members in 7 states and Japan

President NAACP Youth Council Stockton, CA 4/04-8/05

• Lead 300+ members (8-25yrs) to National “Outstanding Council of the Year”

• Registered 300 voters

Chairman People and Communities Together- Youth in Action, Stockton, CA 6/04-6/05

• Co-founded “Youth in Action” and garnered $100,000 for low income students EXTRACURRICULAR ACTIVITIES & AWARDS

External Resources Vice Chair Phi Alpha Delta, Pre Law Fraternity, UC Berkeley 5/06-5/07

Intern Alumni Scholarships Office, UC Berkeley 2/06-6/06

Assistant Basketball Coach Stagg High School, Stockton, CA 6/04-3/05

• Guided 15 at risk students in life skills and academic excellence through sport

UCLA Law Fellow 12/07-present

Alumni Association Leadership Award

Office of the Mayor



To: Members of the City Council From: Mayor Tom Bates Council Member Max Anderson Council Member Darryl Moore Council Member Jesse Arreguin Subject: Support for AB 1288 - Employment Acceleration Act of 2010 RECOMMENDATION Adopt a Resolution in support of AB 1288 - Employment Acceleration Act of 2010, authored by Assemblyman Paul Fong, which maintains federal immigration policy and prohibits state and local governments from requiring private employers to use E-Verify. BACKGROUND The initial catalyst of the bill was due to local governments adopting ordinances forcing employers to use the system and bear the cost of its flaws. E-Verify, is a federal, voluntary, online pilot program that determines an employee’s legal status to work. Currently, the Obama administration and Congress have decided to keep the program voluntary. If the Obama administration and Congress are not ready to mandate the program, neither should local governments. When local governments have different immigration policies, this can also be costly for businesses to comply with different rules in different cities. E-verify’s high error rate imposes an unnecessary, regulatory burden on businesses. In 2007, DHS commissioned an independent study of E-Verify, which concluded that the error rate was almost 10% for foreign-born U.S. citizens. In 2008, Intel, one of the largest U.S. employers, found that 12% of its 1,360 workers hired between January and July 2008 were initially rejected. Intel challenged the 143 rejections and all of the workers were found to be legal U.S. residents. This process took substantial time, money and a loss in productivity. Intel’s headquarters are in California. E-verify’s error rate will disproportionately hurt California workers, employers and economy. The state has the highest foreign-born population in the nation, with the 2003 Census reporting 12.2% of its population, or 9 million residents, being foreign-born. Silicon Valley’s foreign-born population is responsible for 25% of all patents issued. Our economy cannot afford to misidentify this population as ineligible to work.

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This bill is not about whether employers are held accountable for the workers they hire, it is about waiting until employers have the proper tools to abide by the law. E-Verify doesn't meet that standard, and until the federal government determines otherwise, it ought to remain voluntary. For more information contact Maria Garcia in the Office of Assemblymember Paul Fong, at (916) 319-2022. Because the Immigration and Reform Act (IRCA) Form 9 requires proof of social security and photograph, supporting AB 1288 would not impact the City of Berkeley’s requirement to verify that people can work legally in this country prior to employment. FISCAL IMPACTS: None CONTACT PERSON: Mayor Tom Bates 981-7100 ATTACHMENTS: 1 Resolution 2 California Assembly Bill 1288 3 AB 1288 Fact Sheet

Attachment

Not Received

Attachment #1 to this report, (Resolution) has not yet been received from the submitting department.

City Clerk Department 2180 Milvia Street Berkeley, CA 94704 (510) 981-6900 or from: The City of Berkeley, City Council’s Web site http://www.cityofberkeley.info

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Attachment 2

Last updated: 03/10/09 AB 1288 (Fong): Employment Acceleration Act of 2010

Fact Sheet

SUMMARY

Assembly Bill 1288 provides employers flexibility and accelerates employment by maintaining the integrity of the E-Verify system, following federal legislation, and prohibiting state and local governments from requiring private employers to use the E-Verify system.

BACKGROUND

E-Verify is a voluntary, internet-based program created in 1997 that supplements the I-9 employment eligibility verification process. It allows employers to electronically verify U.S. citizen and noncitizen employees’ employment eligibility with the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA).

Government reports indicate the system has a significant error rate. In California, approximately 2,700 employers have registered for E-Verify, including both private and public employers. The effectiveness of E-Verify, however, has been questioned by several state and federal entities, including the United States Government Accountability Office (GAO). A 2007 independent evaluation of the program commissioned by DHS found that the E-Verify database is not sufficiently up to date to meet the requirements for accurate information.

As a result, the SSA estimates up to 3.6 million workers would be misidentified as ineligible to work each year if E-Verify were to become mandatory and the SSA databases were not improved.

E-verify imposes an expensive, unnecessary, regulatory burden on businesses. Cities and municipalities in California have begun to pass local ordinances to require private employers to use the E-Verify program. Not only does such a requirement contradict Congress’ original intent that the program be voluntary, it places a financial and administrative burden on employers and subjects potential employees to false identification.

In order to participate in the E-Verify program,

businesses must suffer the administrative cost to hire and train personnel on how to use the program. Some larger companies have spent thousands of dollars in fees to pay outside consultants to run the system due to the legal complexities. In addition, participation in E-Verify results in the delay of new hires and staff training. Small businesses employ approximately half of the entire U.S. workforce and have generated 60 to 80 percent of net new jobs annually over the last decade. These businesses, already struggling in the current economy, will face additional burdens and unanticipated problems if they are required to use E-Verify, potentially harming their ability to create new jobs and revenue.

In addition, the high error rate of E-Verify has resulted in several potential employees being misidentified. Many of these employees must hire legal counsel to resolve the discrepancies.

E-verify affects businesses in every sector. In 2008, the Intel Corporation submitted queries to E-Verify with nearly 13 percent of all their workers being initially flagged as unauthorized for employment. All of these workers were later cleared by E-Verify as work authorized, but only after significant investment of time and money and lost productivity.

This bill will provide employers the flexibility to decide if participating in E-Verify would be beneficial to their business. AB 1288 does not prohibit the use E-Verify; rather it prohibits the state, cities, counties, cities and counties, or special districts from requiring the use of E-Verify by private employers.

STATUS

Introduced 2/27/2009

CONTACT

For more information contact Maria Garcia in the Office of Assemblymember Paul Fong, at (916) 319-2022.

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Office of the Mayor



To: Members of the City Council From: Mayor Tom Bates Subject: Opposition to Proposition 1A of 2009 RECOMMENDATION Adopt a Resolution opposing Senate Constitutional Amendment - Proposition 1A of 2009; and request the City Manager send copies of the resolution to the Alameda County Mayors and the Clerks of the Board of Supervisors in Alameda County and San Francisco County for distribution to their members. Proposition 1A will appear on the May 19, 2009 Special Election ballot. The measure was referred to the ballot by Assembly Constitutional Amendment 1, authored by Assemblyman Roger Niello (R-Fair Oaks). BACKGROUND Proposition 1A was placed on the ballot by the Legislature as part of negotiations over measures aimed at addressing the Fiscal Year (FY) 2008-09 budget shortfall and the FY 2009-10 budget. If passed, Proposition 1A will replace constitutional amendment SCA 30 that was placed on the ballot by the Legislature in September 2008. Proposition 1A has been labeled by its proponents as the “Budget Stabilization Act.” Proposition 1A of 2009 would amend the state Constitution to require annual contributions to a budget reserve until the balance in the reserve reaches 12.5 % of General Fund revenues. Proposition 1A would impose limits on the use of the reserve in “bad budget” years, and restrict the state’s ability to spend “unanticipated revenues” for specific purposes. If Proposition 1A is approved by voters, the temporary tax increases included in the 2009 budget agreement would be extended and governor would have unilateral authority to make mid-year reductions in state spending. Proposition 1A is purported to bring stability to the state budget process. However, according to the California Budget Project, it would make it more difficult for future governors and legislatures to enact budgets that meet California’s needs and address state priorities.

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If passed, Proposition 1A*:

• Would not address California’s existing structural shortfall – the gap between revenue and expenditures – that exists in all but the best budget years.

• Could lock in a reduced level of public services by not taking proper account of the state’s changing demographics and actual growth in costs.

• Will require contributions even in years with budget shortfalls. • Would also give future governors new power to make budget cuts without

legislative oversight. Leaders of groups such as the Congress of California Seniors, the California Faculty Association, the Consumer Federation of California, The California Federation of Teachers, the SEIU, and the Union of Health Care Professionals signed ballot arguments against the Proposition 1A. The League of Woman Voters in California states: “Prop 1A came from a deeply flawed process that resulted in measures written in haste and without public input or analysis. The League would support real budget reform, but we regretfully conclude that this measure would only make things worse.” FISCAL IMPACTS: None CONTACT PERSON: Mayor Tom Bates 981-7100 ATTACHMENTS: 1 Resolution 2 Text of Senate Constitutional Amendment – Proposition 1A 3 Proposition1A - Fact Sheet from California Budget Project

* California Budget Project – Budget Brief Proposition 1A, March 2009 (http://www.cbp.org/publications/pub_ballot.html)

Attachment

Not Received

The attachment (s) to this report, has not yet been received from the submitting department.


Linda Maio Councilmember District 1

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

CONSENT CALENDARApril 21, 2009

To: Honorable Mayor and Members of the City Council From: Councilmember Maio Subject: Installation of Mountable, Small Traffic Circles

RECOMMENDATION Request the City Manager to provide a staff recommendation and cost information on mountable, small traffic circles that might be used as an alternative to the large expensive circles. Small traffic circles could be placed in selected intersections in neighborhoods to calm traffic.

FINANCIAL IMPLICATIONS None at this time.

BACKGROUND A group of neighbors on the Cedar-Rose-Hopkins Committee have done a great deal of research on various traffic calming devices. A mountable traffic circle is one that has a soft mat-like base that fire safety apparatus can easily navigate and also ride over, should that be necessary. The corridors in particular in Berkeley that need traffic calming are the heavily traveled commute routes through neighborhood streets. In the case of Cedar/Rose/Hopkins, these are the heavily used east/west flatland streets because no other alternatives are available. It is likely other streets in Berkeley carry heavy traffic and could also benefit from a smaller traffic circle that would not impede emergency vehicles but would provide a visual signal to drivers to slow down. Volume and speed of traffic combine to make very dangerous conditions, especially for neighborhood streets. These smaller, mountable circles do not require major infrastructure to install. This item requests that the Manager research them and make a recommendation to Council on their utility. If promising, we would then pilot their use and be able to study their effectiveness.

CONTACT PERSON

Councilmember Linda Maio Council District 1 510-981-7110

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Linda Maio Councilmember District 1


CONSENT CALENDARApril 21, 2009

To: Honorable Mayor and Members of the City Council From: Councilmember Linda Maio Subject: Speed Cushion Referral to Disability Commission

RECOMMENDATION Request the City Manager to have staff review the speed cushion pilot and the concept with the Commission on Disability and request Commission approval to expand the pilot to several streets in northwest Berkeley with high east/west commute traffic: Rose/Cedar/Hopkins, between San Pablo and Sacramento.

FINANCIAL IMPLICATIONS The labor and material cost for speed cushion is $14,000 per location.

BACKGROUND The residents of northwest Berkeley experience a high volume of traffic and speed due to commute traffic to the University and the Lab, and the reverse from points east to the freeway. Drivers use Rose/Cedar/Hopkins as the major commute routes for the northern part of Berkeley. Neighborhood safety is comprised on a daily basis for extended hours in the mornings and evenings. Several traffic accidents lately emphasize, once again, that public safety is at risk unless we can calm traffic, within budgetary constraints. Speed cushions enable fire apparatus to proceed unimpeded due to the special width of their wheelbase, but they will require ordinary vehicles to slow down for a gradual rise that the speed cushion introduces.

The residents on these streets are very concerned about the safety of their families, especially their children, and all students walking to and from three schools in the neighborhood. Traffic calming was discussed with the Commission some months ago and there seemed to be a willingness between commissioners and neighbors to look at this issue together This item requests an extension of the pilot speed cushions that have been installed on lower Hearst and on Addison, and requests that they be tried in a few places on the streets named above

CONTACT PERSON

Councilmember Linda Maio Council District 1 510-981-7110

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City Council

Darryl Moore Councilmember District 2

2180 Milvia Street Fifth Floor Berkeley CA 94704 TEL: (510) 981-7120 FAX: (510) 981-7122

E-Mail: [email protected]


To: Honorable Mayor and Members of the City Council

From: Councilmember Darryl Moore Subject: Relinquishment of Council Office Budget : Our Family Coalition’s First Annual

Night Out

RECOMMENDATION Adopt a Resolution to approve the expenditure, not to exceed $250 from all Councilmembers discretionary Council Office Budgets for their attendance at Our Family Coalition’s First Annual Night Out BACKGROUND Our Family Coalition promotes the civil rights and well being of Bay Area lesbian, gay, bisexual, transgender and queer (LGBTQ) families with children and prospective parents through education, advocacy, and social networking and grassroots community organizing. Our Family Coalition has grown to serve upwards of 750 member families of more than 3,000 people each year, including parents/caregivers, children, youth, prospective parents, educators, service providers and many others. LGBTQ headed families live in every community throughout the Bay Area, and Our Family Coalition strives to reflect this rich multiculturalism in our work. The last several months have taught us that our families – our children – need Our Family Coalition and your support now more than ever. All funds raised through the event will directly support the organization’s work on behalf of LGBTQ families. FINANCIAL IMPLICATIONS None. Funds going to the event will come from Council Discretionary accounts, which have already been allocated. CONTACT PERSON

Councilmember Darryl Moore Council District 2 510-981-7120

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2180 Milvia Street Fifth Floor Berkeley CA 94704 TEL: (510) 981-7120 FAX: (510) 981-7122

WEB: www.cityofberkeley.info/council2/


GRANTING SURPLUS FUNDS FROM THE COUNCIL OFFICE BUDGETS FOR ATTENDANCE AT OUR FAMILY COALITION’S FIRST ANNUAL NIGHT OUT

WHEREAS, Councilmember Moore has surplus funds in his Community Agencies office expenditure account (010-0223-410-35-10) and wishes to relinquish up to $250; and WHEREAS, Our Family Coalition will be granted $250, from offices who chooses to do so, in order to pay for admission to the First Annual Night Out fundraiser to help support their programming; and WHEREAS, the provision of such services would fulfill the following municipal public purpose -. Our Family Coalition (OFC) promotes the civil rights and well being of Bay Area families with lesbian, gay, bisexual, transgender and queer (LGBTQ) parents and prospective parents through education, advocacy, social networking, and grassroots community organizing. OFC is currently celebrating ten years of work with Berkeley families and institutions. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Berkeley that the Mayor and Councilmembers be authorized to use surplus funds to support Our Family Coalition’s First Annual Night Out in an amount not to exceed $250.

Office of Councilmember Maxwell Anderson, District 3


TO: Honorable Mayor and Members of the City Council FROM: Councilmember Max Anderson SUBJECT: Co-Sponsorship of the 22nd Annual Berkeley Juneteenth Festival RECOMMENDATION Adopt a Resolution a[TAV2]pproving co-sponsorship of the 22nd Annual Berkeley Juneteenth Festival to be held on Saturday, June 13, 2009. BACKGROUND This popular Berkeley event attracts thousands of attendees each year and is a showcase for community organizations, schools, advocacy groups, artisans and merchants. Juneteenth is the oldest nationally recognized commemoration of the abolishment of slavery in the United States. From its Galveston, Texas origin in 1865, the observance of June 19th as the African American Emancipation day has spread across the United States. The Emancipation Proclamation was signed on January 1, 1863, however news of its signing did not reach slaves in Texas until June 19, 1865. June 19th was shortened to “Juneteenth”, a day of freedom, hope and change. Today, communities across the country have adopted this freedom celebration as an opportunity to express and experience all contributions that African Americans have made to the American way of life. FINANCIAL IMPLICATIONS As part of the FY 2009 Adopted Budget, the City allocated a $4,050 cash grant for this even, as also provides in-kind support for the Berkeley Juneteenth Festival. CONTACT PERSON Councilmember Max Anderson, (510) 981-7130

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Attachment

Not Received

The attachment (s) to this report, has not yet been received from the submitting department.


City Council Max Anderson District 3


To: Honorable Mayor and Members of the City Council From: Councilmember Anderson, District 3

Subject: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Berkeley Earth Day 2009

RECOMMENDATION Adopt a Resolution to approve the expenditure of $250 to Berkeley Earth Day 2009 with funds relinquished to the City’s General Fund for this purpose from Councilmember Anderson’s discretionary Council Office Budget.

FISCAL IMPACTS OF RECOMMENDATION No General Fund impact; $250 is available from Councilmember Anderson’s Council Office Budget discretionary account.

BACKGROUND We are proposing that the City Council make a grant of $250 to Berkeley Earth Day 2009to support Berkeley’s green values for Earth Day 2009 on Saturday, April 25th 12:00 pm – 5:00 pm at Civic Center Park.

CONTACT PERSON Councilmember Max Anderson District 3 981-7130

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RESOLUTION NO.

GRANTING SURPLUS FUNDS FROM THE COUNCIL OFFICE BUDGET OF COUINCILMEMBER MAX ANDERSON NOT TO EXCEED $250 FOR BERKELEY EARTH DAY. WHEREAS, Councilmember Anderson has surplus funds in his Council office budget (budget code (010-0232-410) and wishes to relinquish up to $250 of these funds; and WHEREAS, a California non-profit tax exempt corporation, Berkeley Earth Day, seeks funds in the amount not to exceed $250 to support Earth Day 2009, its volunteers, and its green promotions; and WHEREAS, the provision of such services would fulfill the following municipal public purpose by advancing Measure G: Berkeley Earth Day features dozens of environmental non-profits and businesses, all working to promote greener and more sustainable of living and operating businesses, by reducing our carbon footprint. NOW THEREFORE, BE IT RESOLVED that funds relinquished by Councilmember Anderson from his Council Office Budget, not to exceed $250, shall be granted to Berkeley Earth Day to fund the following services for their 2009 Earth Day Event on Saturday, April 25th from 12:00 pm – 5:00 pm at Civic Center Park.

Jesse Arreguín Councilmember, District 4



To: Honorable Mayor and Members of the City Council From: Councilmember Jesse Arreguín Subject: Stimulus Funds for Lawrence Berkeley Lab Remediation

RECOMMENDATION: Direct the City Manager to write a letter to the Department of Energy (DOE) and others in support of economic stimulus funding for soil and groundwater remediation at Lawrence Berkeley National Laboratory to the highest standards available. The groundwater clean up should consider that the public will need to use this valuable resource in the future. CURRENT SITUATION AND ITS EFFECTS: The Department of Energy has allocated American Recovery and Reinvestment Act funds to clean up federal facilities. LBNL has applied for funds, however, these funds are quickly being spoken for, and the City should communicate their support for LBNL funds as quickly as possible. Two years ago, the California Environmental Protection Agency (Cal EPA) completed the evaluation and remediation of toxic contaminants at LBNL. The clean up was done on an accelerated basis. The Cal EPA did not include adequate clean up and protection for the groundwater, determining that it was not potable. In addition, the site was identified as non-residential, even though LBNL had plans to build residential accommodation for their researchers. The risk evaluation also chose to ignore the state water shortages and future needs for groundwater. As a result, the clean up goals were not as stringent as the community, CEAC and the City’s Toxics Management staff had requested. Currently, LBNL is mostly monitoring the migration of the contamination plumes down gradient towards the rest of the City. Only minor clean up is going on. BACKGROUND: The Federal Resource Recovery and Reauthorization Act (RCRA) required that legacy contamination be investigated at LBNL. The preliminary study was completed in 1992. The detailed investigation was completed in 2001. The Corrective Measures Study (CMS), which ended in 2005, performed a risk assessment, determined media clean up

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standards and conducted pilot testing of clean up methodologies. While some clean up had taken place prior to 2005, any additional clean up deemed necessary by the community was ignored, based largely on DOE requirements for accelerated clean-up. Since 2007, only minor corrections and monitoring have been undertaken. The site still has a significant amount of contamination in the Old Town (the center of the campus around the Bevatron), including a variety of metals, oils, solvents and even radioactive materials. As stated above, the clean up was done according to RCRA standards and procedures. Radioactive materials were not considered because they are under the authority of the US EPA. The US EPA also determined none of the contaminated groundwater should be used for drinking or other direct contact with people. As a result, no clean up action was required. Had the US EPA determined that the groundwater was a scarce resource and may well be used for irrigation of edible plants, bathing, cooking etc, the risks would have demanded a rigorous clean up. The CEAC was unable to determine how much money to request from the DOE but such costs would likely exceed $20M. The CEAC would rather identify the goals for clean up than a dollar value. These goals, as identified to the Cal EPA in the past, are based on residential clean up goals with actual physical contact with the soils and groundwater. The CEAC can point to irrigation using local groundwater, and in future there may be other uses including bathing, cooking and other direct contact uses. On April 2, 2009, the CEAC voted unanimously to support LBNL in its application for federal funds for site remediation of the legacy contamination. FISCAL IMPACTS OF RECOMMENDATION: None. CONTACT PERSON: Jesse Arreguín, Councilmember, District 4 981-7140

Jesse Arreguín Councilmember, District 4



To: Honorable Mayor and Members of the City Council From: Councilmember Jesse Arreguín Subject: Urging Berkeley Restaurants To Remove Foie Gras From Their Menus RECOMMENDATION: Adopt a Resolution urging Berkeley restaurants to remove foie gras from their menus before the California statewide ban goes into effect, to avoid supporting this extreme form of cruelty. BACKGROUND: “Foie gras” or fattened liver, is the artificially enlarged liver of a duck, or goose that has been force fed twenty percent of its healthy body weight per day for two to three weeks. In order to be labeled foie gras, the liver must be five to ten times its normal size and nearly one hundred percent fat. In 2004, an independent Zogby International poll of American adults found that 77% agreed that the process of force-feeding ducks and geese in order to produce foie gras should be banned by law in the United States. At least fifteen countries have already banned foie gras production and only a few still produce it. In recognition of the extreme cruelty of this practice, in 2004, animal rights groups including the Animal Protection and Rescue League (APRL) helped enact Cal. Health & Safety Code Section 25980 et. seq., which prohibits the force feeding of ducks to make “foie gras” with a phase out for already existing producers that includes a ban on the sale of the product which will go into effect in 2012. Since the enactment of the statewide ban, restaurants have begun to voluntarily remove foie gras from their menus. In recognition of this both the San Diego City Council and the San Francisco Board of Supervisors recently adopted resolutions commending local restaurants that have stopped selling foie gras before the statewide ban and encouraging their residents to avoid consuming foie gras. Berkeley has a long history of advocating for the fair treatment of animals, including its recent support for Proposition 2, which gained 70% of the vote in Alameda County in November 2008.

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By urging local restaurants to voluntarily remove foie gras from their menus, Berkeley will join other cities in taking action now to stop this inhumane practice. FINANCIAL IMPLICATIONS: NONE. CONTACT PERSON: Jesse Arreguín, Councilmember, District 4 981-7140 Attachments: 1. Resolution


RESOLUTION URGING BERKELEY RESTAURANTS TO REMOVE FOIE GRAS FROM THEIR MENUS

WHEREAS, “Foie gras,” or fattened liver, is the artificially enlarged liver of a duck or goose that has been force fed twenty percent of its healthy body weight per day for two to three weeks, resulting in a liver that is typically ten times its normal size; and WHEREAS, Cal. Health & Safety Code § 25980, et. seq. will make it illegal to sell or produce foie gras in California, effective 2012. At least fifteen countries have banned foie gras production, and only a few still produce it. In 2006, the City of Chicago banned the sale of foie gras by a Council vote of forty-eight to one; and WHEREAS, A 2004 independent Zogby International poll of American adults revealed that 77% agreed that the process of force-feeding ducks and geese in order to produce foie gras should be banned by law in the United States; and WHEREAS, Virtually all animal protection groups recognize foie gras as inherently cruel, including the Humane Society of the United States (HSUS), the American Society for the Prevention of Cruelty to Animals (ASPCA), In Defense of Animals (IDA), Farm Sanctuary, and the Animal Protection and Rescue League (APRL); and WHEREAS, since the enactment of the statewide ban restaurants throughout California have voluntarily removed foie gras from their menus; and WHEREAS, In recognition of this, the San Diego City Council and San Francisco Board of Supervisors recently approved a resolutions commending restaurants that have stopped selling foie gras before the California statewide ban goes into effect, and encouraging residents to avoid consuming foie gras; and WHEREAS, the City of Berkeley has a long history of supporting the fair treatment of animals including its recent support for Proposition 2, the Prevention of Farm Animal Cruelty Act, which gained 70% of the vote in Alameda County this past November; and WHEREAS, by urging local restaurants to voluntarily remove foie gras from their menus, Berkeley can help put an end to this inhumane practice. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby urges Berkeley restaurants to remove foie gras from their menus before the California statewide ban goes into effect, to avoid supporting this extreme form of animal cruelty.

Laurie Capitelli Berkeley City Council District 5

2180 Milvia Street, Berkeley, CA 94704


To: Honorable Mayor and Members of the City Council From: Councilmember Laurie Capitelli Subject: City Sponsorship Of The 2009 Open Opera Performances At Live Oak

Park And John Hinkel Park RECOMMENDATION: Adopt a Resolution co-sponsoring the 2009 Open Opera performances on May 30th at Live Oak Park, July 25 and 26 at John Hinkel Park and Oct 17, 2009 at Live Oak Park. BACKGROUND: Open Opera's inaugural opera concert at Live Oak Park was held on October 25, 2008 and was free to the public. Open Opera intends to hold two concerts a year at Live Oak Park and a full opera at John Hinkel Park---all free to the public. This idea was conceived by international opera singer and local resident Olivia Stapp. The first event was received enthusiastically by the attendees and was considered a success. In the past year, Open Opera has worked with parks staff and neighborhood communities to ensure the event maintains a scale appropriate to the site and accessible for all attendees. Co sponsorship will allow the organizers to use the City’s logo in their advertising, and provide inclusion in the City’s Calendar of activities. FISCAL IMPLICATIONS: None. City co-sponsorship of the event will be limited to the use of the City’s name and logo on marketing materials. Open Opera will be responsible for all other fees and insurance. CONTACT: Laurie Capitelli, Councilmember District 5 981-7150

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RESOLUTION NO. –N.S.

CO-SPONSORING THE 2009 OPEN OPERA PERFORMANCES ON MAY 30 AND OCTOBER 17 AT LIVE OAK PARK AND JULY 25 AND 26 AT JOHN HINKEL PARK

WHEREAS, Open Opera performances will take place at Live Oak Park on May 30 and October 17 and at John Hinkel Park on July 25 and 26 2009; and WHEREAS, since its inception by Berkeleyan and international opera singer Olivia Stapp, Open Opera performances are soon to become a beloved Berkeley institution; and WHEREAS, these performances will serve as a celebration of and gathering spot for opera lovers and lovers of free, outdoor music. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley hereby co-sponsors the 2009 Open Opera performances and that Open Opera has permission to use the City’s name and logo in the event’s promotional materials and signage naming the City of Berkley as a co-sponsor solely for the purpose of the City indicating its policy endorsement of the event. BE IT FURTHER RESOLVED that this co-sponsorship does not: (1) authorize financial support, whether in the form of fee waivers, a grant or provision of City services for free; (2) constitute the acceptance of any liability, management, or control on the part of the City for or over the 2009 Open Opera performances; or (3) constitute regulatory approval of the 2009 Open Opera performances.

Berkeley City Council

2180 Milvia Street, Berkeley, CA 94704

CONSENT CALENDAR April 21, 2009 To: Honorable Mayor and Members of the City Council From: Councilmembers Laurie Capitelli, Gordon Wozniak, Linda Maio and Darryl

Moore Subject: INSTALLATION OF CONDUIT FOR FUTURE FIBER OPTIC CABLES RECOMMENDATION Request the City Manger direct staff to investigate requiring the installation of conduits for future fiber optic cables whenever a major city street is excavated or renovated and report back to Council with feasibility and cost estimates. FINANCIAL IMPLICATIONS Unknown staff time to research and write report. BACKGROUND Installing appropriate conduit during street excavation projects (sewer, storm water system repair) would be a low-cost option for the City to provide eventual additions of fiber optic capability to our communication infrastructure. Fiber optics could be the backbone of a dispersed cell phone communications system. It also could provide ultra high-speed internet access for business and domestic use at greatly reduced cost. Installing conduit during major street renovations could be done a fraction of the cost if done at other times. The conduit ‘space’ could be leased to providers generating more competition and potentially lower costs to users. The conduit could also be used by public sector institutions (public library BUSD, City of Berkeley, UC, LBL, etc.) with significant cost savings by providing access to major internet trunk lines located in the Southern Pacific right of way. CONTACT Councilmember Linda Maio, District 1 981-7110 Councilmember Darryl Moore, District 2 981-7120 Councilmember Laurie Capitelli, District 5 981-7150 Councilmember Gordon Wozniak, District 8 981-7180

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


To: Honorable Mayor and Members of the City Council From: Councilmembers Susan Wengraf, Laurie Capitelli and Gordon Wozniak Subject: Affidavit of Residency for City Commissioners and Board Members RECOMMENDATION Request that the City Manager return to Council with a proposed Ordinance requiring all members of City Boards and Commissions to file an affidavit of residency at the time of appointment and annually for the duration of their service on a commission.

FISCAL IMPACTS OF RECOMMENDATION None.

CURRENT SITUATION AND ITS EFFECTS Currently, there is no certification process for establishing the residency of a city commissioner. Commissioners’ addresses are listed on the application and appointment forms, however individual commissioners are not required to officially affirm the validity of this information. If a commissioner is not truly a resident of the City, the vote of that commissioner on quasi-judicial and other important matters that come before him or her could place the City at risk. BACKGROUND The residency requirement for commissioners is contained in Section 2.04.140 of the Berkeley Municipal Code. All commissioners must be residents unless the enabling legislation for the commission or a federal or state mandate permits otherwise. For example, the Business Improvement Districts, which have business owners as members, do not require residency, but rather require that representatives to the BID must have a business in Berkeley. Under the ordinance, a commissioner may reside outside of Berkeley for a limited period of time, however they must re-establish residency within six months of residing outside the jurisdiction.

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RATIONALE FOR RECOMMENDATION The system of boards and commissions is established to provide Berkeley citizens and the community at large with access and influence into municipal decision making. In order to lend expertise and experience on the community issues that face Berkeley, residency is required by the municipal code.

Furthermore, the potential risk to the city of ineligible commissioners casting votes on land use matters is significant.

We propose that the affidavit of residency must be signed under penalty of perjury as a method of dissuading individuals from attempting to circumvent the provisions of the Fair Representation Ordinance. Additionally, the affidavit should be filed with the City Clerk at the same time as the Appointment Form is filed. Under the terms of our proposal, the commissioner will not be deemed appointed until the affidavit is filed with the City Clerk.

ALTERNATIVE ACTIONS CONSIDERED None.

CONTACT PERSON Council member Susan Wengraf 981-7160 Council member Laurie Capitelli 981-7150 Council member Gordon Wozniak 981-7180 Attachment: Draft Certificate of Residency

DRAFT CERTIFICATE OF RESIDENCY FOR BERKELEY COMMISSIONERS

STATE OF CALIFORNIA )

) SS COUNTY OF ALAMEDA ) I, _________________________________________________, declare as follows:

I reside at ________________________________________________ Berkeley,

California. I am currently a resident of the City of Berkeley. I hereby affirm my

residency status on the date of my appointment as a condition of serving as a city

commissioner.

I declare under penalty of perjury that the foregoing is true and correct: ____________________________________________ Signature of Commissioner __________________________________ Date



To: Honorable Mayor and Members of the City Council From: Councilmembers Wengraf, Wozniak and Moore Subject: Rain Water Containment Systems in New City Buildings and Library Remodels

RECOMMENDATION Request that the City Manager direct the architects of the new animal shelter and the new library branches to consider incorporating rainwater collection systems into the design of these new city buildings.

FINANCIAL IMPLICATIONS Unknown BACKGROUND Rainwater collection can be used to reduce storm water runoff and to supplement scarce water supplies. The City of Berkeley has an opportunity, with the design and construction of the new animal shelter as well as with the new remodels of the library branches, to consider the potential benefits of the installation of rainwater harvesting systems. At the animal shelter, in particular, water usage will be very high. The installation of a rain containment system provides the possibility of being able to recycle rainwater for cleaning purposes, irrigation, toilet flushing, and even consumption, if the water is properly filtrated and treated. In the library branches, there is potential to use the water for irrigation and landscaping and possibly toilet flushing.

CONTACT PERSON

Councilmember Susan Wengraf Council District 6 510-981-7160 Councilmember Darryl Moore Council District 2 510-981-7120 Councilmember Gordon Wozniak Council District 8 510-981-7180

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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

April 21, 2009 To: Honorable Mayor and Members of the City Council From: Councilmember Kriss Worthington

Subject: Proclamation Declaring April 24, 2009 Armenian Genocide Commemoration Day In

Berkeley

RECOMMENDATION:

Support a Proclamation declaring April 24, 2009 Armenian Genocide commemoration day in Berkeley.

BACKGROUND:

The overwhelming majority of Armenian-Americans living in Berkeley and the Bay Area are descendants of immigrants who found safe haven here from the Armenian Genocide of 1915-1923, which devastated their homeland and their families. Although news of this great crime against humanity was common knowledge in America then, many of the important lessons of the “prototype” genocide of the 20th Century have now been forgotten.

It was on April 24, 1915, in the midst of World War I, that the government of Turkey invited several hundred Armenian community leaders to Istanbul to discuss political “reforms,” only to become victims of mass murder. The event was the bloody introduction to a long series of death marches and annihilation, resulting in 1,500,000 Armenians dead (one half of the Armenian population), and survivors fleeing to all parts of the world.

Recognizing and officially commemorating the Armenian Genocide can help ensure that the lessons of this terrible crime against humanity are used to prevent future genocides.

Berkeley has a proud reputation for upholding human and civil rights and recognizing when those rights are abused. This proclamation will commemorate the 94th anniversary of the Armenian Genocide.

FINANCIAL IMPLICATIONS: NONE

CONTACT PERSON: Councilmember Kriss Worthington 981-7170. Attachment: Draft Proclamation

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APRIL 24TH AS ARMENIAN GENOCIDE COMMEMORATION DAY WHEREAS, The Armenian people, living in their 3,000 year historic homeland in eastern Asia Minor and throughout the

Ottoman Empire, were subjected to severe persecution and brutal injustice by the rulers of the Ottoman Empire before and after the turn of the twentieth century, including widespread massacres, usurpation of land and property, and acts of wanton destruction during the period from 1894 to 1896, and again in 1909; and

WHEREAS, The horrible experience of the Armenians at the hands of their oppressors culminated in 1915 in what is known

by historians as the ‘‘First Genocide of the Twentieth Century;” and WHEREAS, The Armenian Genocide began with the arrest, exile, and murder of hundreds of Armenian intellectuals, and

political, religious, and business leaders, starting on April 24, 1915; and WHEREAS, The regime then in control of the empire planned and executed the unspeakable atrocities committed against the

Armenian people from 1915 through 1923, which included the torture, starvation, and murder of 1,500,000 Armenians, death marches into the Syrian desert, the forced exile of more than 500,000 innocent people, and the loss of the traditional Armenian homelands; and

WHEREAS, Some Turks and others jeopardized their safety in order to protect Armenians from the crimes being perpetrated

by the regime, but the genocide of the Armenian people constituted one of the most egregious violations of human rights in the history of the world; and

WHEREAS, The United States Ambassador to the Ottoman Empire, Henry Morgenthau, Sr., stated “When the Turkish

authorities gave the order for these deportations, they were merely giving the death warrant to a whole race… The killing of the Armenian people was accompanied by the systematic destruction of churches, schools, libraries, treasures of art, and cultural monuments in an attempt to eliminate all traces of a noble civilization with a history of more than 3,000 years;” and

WHEREAS, Winston Churchill wrote: “As for Turkish atrocities: ... massacring uncounted thousands of helpless Armenians,

men, women, and children together, whole districts blotted out in one administrative holocaust—these were beyond human redress’’; and

WHEREAS, Contemporary newspapers like the New York Times commonly carried headlines such as “Tales of Armenian

Horrors Confirmed,” “Million Armenians Killed or in Exile,” and “Wholesale Massacre of Armenians…”; and WHEREAS, Adolph Hitler, in persuading his army commanders on the eve of World War II that the merciless persecution and

killing of Poles, Jews, and other peoples would bring no retribution, declared, “Who, after all, speaks today of the annihilation of the Armenians;” and

WHEREAS, President Barak Obama, during his years in the Senate has called for U.S. recognition stating, “America

deserves a leader who speaks truthfully about the Armenian Genocide and responds forcefully to all genocides. I intend to be that President.” and

WHEREAS, Unlike other peoples and governments that have admitted and denounced the abuses and crimes of predecessor

regimes, and despite the overwhelming weight of evidence, adamantly denied the occurrence of the crimes against humanity, and those denials compound the grief of the few remaining survivors of the atrocities, desecrate the memory of the victims, and cause continuing trauma and pain to the descendants of the victims; and

WHEREAS, The passage of time and the fact that few survivors remain who serve as reminders of indescribable brutality and

torment, compel a sense of urgency in efforts to solidify recognition and reaffirmation of historical truth; and WHEREAS, By honoring the survivors and consistently remembering and condemning the atrocities committed against the

Armenian people as well as the persecution of the Assyrian and Greek populations of the Ottoman Empire, we guard against repetition of the crime of genocide; and

WHEREAS, California has become home to the largest population of Armenians in the United States, and those citizens have

enriched our state through leadership in the fields of academia, medicine, business, agriculture, government, and the arts and are proud and patriotic practitioners of American citizenship; and

WHEREAS, Berkeley is proud to join the Armenian-American community in its commemoration of the 94th anniversary of

the Armenian Genocide in an effort to educate others about the tragic loss of life, land, and human rights of the

Armenian people and the crimes of genocide committed against them; and THEREFORE BE IT RESOLVED, that the Berkeley City Council does hereby declare

APRIL 24TH AS ARMENIAN GENOCIDE COMMEMORATION DAY in the City of Berkeley.

_____________________________ _____________________________ _____________________________ Mayor Tom Bates Councilmember Linda Maio Councilmember Darryl Moore _____________________________ _____________________________ _____________________________ Councilmember Max Anderson Councilmember Jesse Arreguin Councilmember Laurie Capitelli _____________________________ _____________________________ _____________________________ Councilmember Susan Wengraf Councilmember Kriss Worthington Councilmember Gordon Wozniak

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


To: Honorable Mayor and Members of the City Council From: Councilmember Kriss Worthington Subject: Declaring Diane Griffin Day, And Thanking Her For Helping Save Taxpayers

$289,000 In Overcharges RECOMMENDATION: City Council to issue proclamation declaring Diane Griffin Day, and thanking her for helping identify overcharges, thereby saving taxpayer’s approximately. BACKGROUND: Local businessperson Diane Griffin is a national advocate for small businesses. She serves on the board of the National Office Products Alliance, and is the owner of Radstons. She attended several City Council meetings to raise questions about possible overcharges of the City in our Office Depot account. She wrote emails to the City to alert us of her concerns. She submitted requests for information and then provided dozens of pages of analysis. Her meticulous research indicated that there appeared to be a significant issue. The City of Berkeley Finance Department followed up on these concerns and identified a total of approximately $289,000 in overcharges. Finance Department head Robert Hicks, and Sharon Thygesen in particular seriously evaluated the issue and successfully reached agreement with Office Depot to issue a refund by April 17, 2009. Diane was born in Berkeley, has two kids, and is a Cancer survivor. When she is not volunteering her time to methodically research City bills, she volunteers with the Rotary Club, serves as a high school community advisor and sings in a women's choir with WomanSing. FINANCIAL IMPLICATIONS: None. CONTACT PERSON: Councilmember Kriss Worthington 981-7170.

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Energy Commission

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

INFORMATION CALENDAR April 21, 2009

To: Honorable Mayor and Members of the City Council From: Berkeley Energy Commission

Submitted by: Neal De Snoo, Secretary, Berkeley Energy Commission

Subject: Climate Action Plan

INTRODUCTION The Berkeley Energy Commission adopted a resolution acknowledging the significant amount of progress the City has achieved with the current Climate Action Plan, recommending the City update the climate science portion of plan in order to better inform the community and decision makers regarding the potential need for faster implementation of stronger versions of the targets and policies outlined in Climate Action Plan, recommending the City improve the plan by including a rating of the relative impacts of each measure and cost effectiveness of proposed major actions/recommendations and committing to being engaged and having a role in the next, most important, component of the community climate protection effort that lies ahead: Implementation. CURRENT SITUATION AND ITS EFFECTS City staff has circulated a draft action plan. Adoption of a final version of the plan will be considered at the April 21, 2009 Council meeting. The plan will recommend policies, programs and funding sources to reduce community greenhouse gas emissions.

BACKGROUND In November 2007, Berkeley voters approved Measure G, which called for the development of a climate action plan to reduce greenhouse gas emission by 80% by 2050. Staff conducted numerous commission and community meetings to solicit feedback in response to a draft framework plan and draft climate action plan.

POSSIBLE FUTURE ACTION The draft Climate Action Plan includes an implementation plan that will require future actions by Council.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION Implementation of the plan will require new revenues sources.

CONTACT PERSON Neal De Snoo, Energy Program Officer, Planning Department, 510-981-7439

Attachments: 1: Energy Commission Resolution

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CLIMATE ACTION PLAN RESOLUTION Resolution acknowledging the significant progress on, support for, and recommendations on the Berkeley Climate Action Plan. WHEREAS, in November 2006, Berkeley voters overwhelmingly endorsed (by 81%) ballot Measure G which set a goal of 80% reduction in greenhouse gas emissions by 2050 and advised the Mayor to work with the community to develop a plan for Council adoption, which sets a ten year emissions reduction target and identifies actions by the City and residents to achieve both the ten year target and the ultimate goal of 80% emissions reduction; and WHEREAS, the Berkeley Energy Commission conducted a public workshop entitled “Increasing Energy Efficiency and Green Energy in our Homes and Businesses” in June 2007. Topics included; Q&A from the public and commission regarding Berkeley’s role in reducing greenhouse gas emissions; and panel presentations on 1) Individual actions can make a difference: Specific energy efficiency strategies we can implement in our homes and businesses; 2) Existing efforts to achieve GHG reductions in the residential and commercial sectors; and 3) Strategies for the future; and, WHEREAS, in January 2008, the City of Berkeley issued a Draft version of the Climate Action Plan with a purpose to serve as a guide for setting the community on a path to achieve the vision stated in Measure G and have benefits for social equity and quality of life, including lower overall energy expenses for residents and businesses; improved mobility and access to transit; and a vibrant local, green economy characterized by increasing “green job” opportunities; and WHEREAS, the Berkeley Energy Commission commented on a staff overview of the Draft Climate Action Plan at the February 13, 2008 Regular Energy Commission Meeting; and WHEREAS, the City of Berkeley issued a second draft of the Climate Action Plan in September 2008 for public review and comment; and WHEREAS, the state of climate science continues to produce findings that point to a need for a larger reduction than the current Climate Action Plan goal. NOW THEREFORE, BE IT RESOLVED the Berkeley Energy Commission acknowledges the significant amount of progress the City has achieved with the current, thorough Climate Action Plan; and BE IT FURTHER RESOLVED the Berkeley Energy Commission recommends that the City update the climate science portion of plan in order to better inform the community

and decision makers regarding the potential need for faster implementation of stronger versions of the targets and policies outlined in the Climate Action Plan; and BE IT FURTHER RESOLVED the Berkeley Energy Commission recommends that the City improve the plan by including a rating of the relative impacts of each measure and cost effectiveness estimates of proposed major actions/recommendations; and BE IT FURTHER RESOLVED that the Berkeley Energy Commission is committed to being engaged in the next, most important, component of the community climate protection effort that lies ahead: Implementation.

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


To: Honorable Mayor and Members of the City Council From: Councilmember Kriss Worthington Councilmember Max Anderson Councilmember Jesse Arreguin Subject: Adopt Sweatshop-Free Procurement Ordinance For The City Of Berkeley RECOMMENDATION: Adopt the Sweatshop-Free procurement ordinance for the City of Berkeley. BACKGROUND: The City of Berkeley spends millions of dollars per year on goods and services, including garments, uniforms, equipment, office supplies and other essentials necessary for the proper functioning of our city. The City of Berkeley and community members recognize a public interest in avoiding payment to vendors and contractors who maintain or participate in sweatshop working conditions, or contract with businesses that utilize sweatshop. On March 18, 2009, the City of Berkeley Commission on Labor voted 7-0 to recommend that the City Council hear and adopt the Sweatshop-Free Procurement Ordinance. The City of Berkeley seeks to assure that the integrity of the procurement process is not undermined by businesses that engage in sweatshop practices. This Sweatshop-Free Ordinance protects businesses that are at a competitive disadvantage from companies that underbid because they utilize sweatshops. Adoption of the Sweatshop-Free Procurement Ordinance will prove that the Berkeley City Council respects workers rights, taxpayer dollars, and businesses that engage in fair wages and provide humane environmental working conditions. With this ordinance, the City of Berkeley, as a market participant, will respect workers rights and businesses that do not engage in the buying or selling of items of apparel, garments and corresponding accessories, and other equipment, materials, supplies, and services in sweatshop labor practices. FINANCIAL IMPLICATIONS: None. CONTACT PERSON: Councilmember Kriss Worthington 981-7170.

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Commission on Labor



To: Honorable Mayor and Members of the City Council From: Commission on Labor

Submitted by: Delfina M. Geiken, Secretary, Commission on Labor

Subject: Proposed Sweatshop-Free Berkeley Ordinance

RECOMMENDATION At the Commission on Labor special meeting on February 18, 2009, the Commission adopted the following recommendation:

To accept the Sweatshop Free Procurement Ordinance language with amendments as discussed.

M/S/C: (Monk-Hallberg/Id-Deen)

Ayes: Barbara Gilbert, Mansour Id-Deen, Esther Martino, Edith Monk-Hallberg, Candace Nisby, Igor Tregub

Noes: None

Abstain: None

Absent: Nicolas Razo, Mayra Ureno

FISCAL IMPACTS OF RECOMMENDATION The Commission on Labor has not determined the fiscal impacts of a Sweatshop-Free Procurement Ordinance.

BACKGROUND On April 18, 2006, Council referred to the Commissions on Labor, Peace and Justice and Public Works, for feedback, the development of a Sweatfree Berkeley Ordinance. The Public Works Commission chose not to participate in the process as it was felt that it did not fall under their purview. On July 17, 2007, the City Council adopted Resolution 63,796-N.S., supporting the development of a state and local government Sweatfree Consortium. This included an allocation of $25,000, and the City of Berkeley entered into a contract from January 1, 2008 through June 30, 2009 with Sweatfree Communities, Inc. to initiate the steps needed to officially form the State and Local Governments Sweatshop Free Consortium, targeted to launch in May 2008.

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Sweatshop-free Procurement Ordinance CONSENT CALENDAR April 21, 2009

At the City Council meeting of May 8, 2007, the Commission on Labor submitted an update regarding their efforts towards the development of the Sweatshop-Free procurement ordinance. At that time, staff provided a review of the Ordinance as written.

Since then the Commission Labor has held several subcommittee meetings that have included a representative from the Peace and Justice Commission along with input from Global Exchange. Additionally, staff from the City of Berkeley’s Finance Department has participated in numerous full Commission meetings as well as subcommittee meetings.

RATIONALE FOR RECOMMENDATION The Commission on Labor, through its’ extensive review of the ordinance, would like to now forward the ordinance language as amended at its’ February 18, 2009, to staff for final review.

ALTERNATIVE ACTIONS CONSIDERED The Commission on Labor considered no alternative actions

CITY MANAGER See Companion Report CONTACT PERSON Delfina Geiken, Commission Secretary, Office of Economic Development, 981-7551 Igor Tregub, Vice-Chair, Commission on Labor, 285-8798

Attachments: 1. Draft Ordinance

Attachment 1

Version 3/13/2009 Page 1 of 9

1 DRAFT 2

Sweatshop-Free Procurement Ordinance for the City of Berkeley 3 4 I. Purpose 5 6 The City of Berkeley finds that: 7 8 The City of Berkeley spends millions of dollars per year in public funds on goods, including 9 garments, uniforms, materials and other equipment, and supplies and services provided by 10 private vendors and manufacturers. 11 12 The City of Berkeley recognizes a public interest in avoiding payments to vendors and 13 contractors who maintain sweatshop working conditions, including below-subsistence wages, 14 excessively long working hours, unhealthy and unsafe working environments, child, indentured, 15 and prison labor, disregard for local and international labor laws and workplace regulations; 16 disregard for fundamental women's rights, and repression of workers' rights to assemble and 17 bargain collectively. 18 19 In its role as a market participant, the City of Berkeley seeks to assure that the integrity of the 20 procurement process is not undermined by vendors and contractors who engage in sweatshop 21 practices. Contractors who use sweatshop labor are able to underbid responsible contractors who 22 pay fair wages and maintain humane work environments and conditions. Such practices place 23 responsible contractors at a competitive disadvantage, which may dissuade them from 24 participating in the City of Berkeley's procurement process. 25 26 The City of Berkeley must be cognizant of the working conditions it may support by its actions 27 as a market participant. Better working conditions assure consistently better quality goods for the 28 City of Berkeley, by assuring fewer disruptions in the workplace due to workers' grievances, 29 fewer absences due to illnesses, less fatigue and fewer workplace injuries, less turnover of 30 workers, and greater incentive to perform. 31 32 The City of Berkeley recognizes the rights of its residents to information about working 33 conditions and choice with regard to the expenditure of its tax money. 34 35 As a participant in the marketplace, the City of Berkeley seeks to protect the interests of local 36 residents, workers, and businesses by exercising its sovereignty to establish a "sweatshop-free" 37 procurement policy and Code of Conduct that ensures that items of apparel, garments and 38 corresponding accessories, and other equipment, materials, supplies, and services procured by 39 the City of Berkeley, its agencies, or its employees through contracts, purchase orders, or 40 voucher programs, be produced in workplaces free of sweatshop conditions. 41 42 The City of Berkeley has an interest in providing incentives for responsible vendors and 43 contractors. 44 45 II. Scope, Phase-In, and Reporting 46

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47 This policy applies to the procurement, laundering, and dry cleaning of apparel, garments, and 48 corresponding accessories, and the procurement of equipment, materials, and other supplies for 49 the City of Berkeley, for vendors whose contracts with the City total more than $5,000 per fiscal 50 year. Procurement includes contract, purchase, rental, lease, and any other acquisition for City of 51 Berkeley use or the use of its agencies or employees, including allowance and voucher programs. 52 During the first full fiscal year after the effective date of this Chapter, the City of Berkeley shall 53 target for enforcement only accessories and contracts for apparel, garments, and corresponding 54 accessories, materials, supplies or equipment, and laundry services. The policy shall be phased in 55 as set forth below: 56 57

A. One year after the effective date of this ordinance, the City shall target for enforcement 58 Contracts for apparel and garments. Agreements for other goods and services shall be 59 targeted for enforcement, sector by sector, based on the recommendations of the Sweatfree 60 Procurement Advisory Group set forth in Section 6 and in accordance with the following: 61

62 1. No later than December 1 of the first full fiscal year after the effective date of this 63

ordinance and annually thereafter, Procurement Department of the City of Berkeley 64 shall provide a written report to the Commission on Labor on the status of enforcement 65 regarding apparel, garments, and corresponding accessories, and recommendations for 66 subsequent enforcement for other goods and services. The report shall include if 67 available, but not be limited to: (a) the amount the City has spent and anticipates 68 spending for relevant goods and services, (b) evidence of Sweatshop Labor or other 69 conditions prohibited by this Chapter found among City vendors; (c) any financial 70 impact that targeting the goods or services for enforcement will have on the City; and 71 (d) any exemptions made by the City of Berkeley Procurement Department in 72 accordance to the provisions of Section VIII of this Chapter. 73

74 2. Once the Commission on Labor receives this report, the Commission shall have a 75

maximum of one hundred twenty (120) days to submit a written report, in consultation 76 with the Procurement Department of the City of Berkeley, to the City Council with 77 recommendations for additional goods and services to be included under the provisions 78 of this Chapter. 79

80 81

III. Definitions 82 83

A. "Contractor" or "vendor" means a person or entity with whom the City of Berkeley has a 84 current procurement relationship, or who bids or proposes to provide goods or services to 85 the City of Berkeley, in an amount greater than $5,000 per fiscal year. The City may 86 exempt from the provisions of this Chapter any Subcontractor whose contribution does not 87 exceed 10% of any contract in which the subcontractor participates. 88

89 B. “Consortium” means the State and Local Government Sweatfree Consortium. 90 91 C. “Independent Monitor” means an organization with expertise in monitoring factory 92

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working conditions that is not owned or controlled in whole or in part by, nor obtains any 93 revenue from, any Contractor, Subcontractor, Production Facility, or any other entity that 94 derives its primary income from the sale of any product or service covered by this policy. 95 The City of Berkeley and/or Consortium may designate and/or contract with an 96 Independent Monitor to carry out the functions authorized by this Chapter. 97

98 D. “Production facility” means the facility that manufactures (including cutting and assembly 99

by weaving, sewing, knitting or felting), finishes, applies marks, warehouses, launders, or 100 engages in any other processes that contribute to the finished apparel and other products. 101

E. “Subcontractor” means a person, partnership, corporation or other entity that enters into a 102 contract with a Contractor or another Subcontractor for provision of all or some of the 103 goods and services covered by this policy. 104

F. "Cut and Run" is when contractors and subcontractors shut down or reduce orders to a 105 production or service facility in order to deny workers their right to freely associate or 106 bargain collectively or in order to escape their responsibilities to take corrective action 107 following the determination of a violation of this chapter. 108

109 G. “Worker” means those workers engaged in the production of the goods or services 110

covered by this policy. 111 112 IV. Prohibition of Sweatshop Conditions 113 114

The City of Berkeley shall only procure goods and services covered by this policy from 115 Contractors that ensure that all Production Facilities adhere to or exceed the following 116 Sweatshop-Free Code of Conduct in their practices and policies regarding applicable Workers. 117

118 A. Legal Requirements. Production facilities shall comply with all applicable domestic labor, 119

employment, health and safety, environmental, and building laws; and the “core” 120 conventions of the International Labor Organization, including those regarding forced and 121 child labor, non-discrimination, and freedom of association and collective bargaining; and 122 other internationally recognized labor rights, including those regarding health and safety, 123 maternity leave, hour of work, wages, and homework. 124

125 B. Wages and Benefits. Production facilities shall pay a non-poverty wage. In the United 126

States, the non-poverty wage is the level of wages required for a full-time worker to 127 produce an annual income equal to or greater than the United States Department of Health 128 and Human Services’ most recent poverty guideline for a family of three plus an 129 additional 20% of the wage level paid either as hourly wage, health benefits, or pension 130 benefits. Outside the United States, a non-poverty wage is a comparable nationwide wage 131 and benefit level, adjusted to reflect the local cost of living, sufficient to raise a family of 132 average size out of poverty, in accordance with standards specified by the World Bank. 133

134 C. Hours of Work and Overtime. Production Facilities shall not require hourly and quota-135

based workers to work more than 48 hours per week or the limits on regular hours allowed 136 by the law of the country of manufacture, whichever is lower. In addition, Production 137

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Facilities shall provide at least one day off in every seven-day period, as well as holidays 138 and vacations. Production Facilities shall ensure that all hours worked beyond the limits 139 on working hours are voluntary, except as provided for by both national law and a bona 140 fide collective bargaining contract. Required overtime should only be permitted when 141 each of the following conditions exists: a) national law permits mandatory overtime; b) the 142 facility is party to a collectively negotiated contract with a representative labor union and 143 this contract permits mandatory overtime, and; c) mandatory overtime does not exceed the 144 amount allowed by the collective contract. In addition to their compensation for regular 145 hours of work, hourly and quota-based workers shall be compensated for overtime hours 146 at such a premium rate as is legally required in the country of manufacture or, in those 147 locations where such laws do not exist, at a rate at least one-and-one-half their regular 148 hourly compensation rate. 149

150 D. Discrimination and Women’s Rights. Production Facilities shall not discriminate in 151

employment - including in hiring, salary, benefits, advancement, discipline, termination, 152 retirement, or any other term or condition of employment or employer practice - on the 153 basis of gender (including pregnancy), race, religion, age, disability, sexual orientation, 154 nationality, political opinion, or social or ethnic origin. Production Facilities shall not 155 require pregnancy tests as a condition of employment, nor demand pregnancy tests of 156 employees. Women workers shall receive equal remuneration, including equal pay, 157 benefits, treatment, and opportunity to fill positions open to male workers. 158

159 E. Freedom of Association. Production facilities shall respect workers' rights to freedom of 160

association, collective bargaining, striking or other concerted protest, and filing of 161 grievances. Production facilities or any of its agents shall not retaliate against, intimidate, 162 coerce, harass, or take any other adverse action against workers for exercising these rights. 163 Production facilities or any of its agents shall not initiate, dominate, or support 164 organizations in which workers participate or are represented. Production facilities shall 165 allow union organizers free access to workers and shall recognize the union of the 166 workers' choice. Examples of steps production facilities may take that demonstrate 167 commitment to freedom of association include: 168 169

1. Communicating to the workforce the facility’s openness to workers’ exercise of their 170 associational rights. 171

2. Negotiating in good faith with any union or other representative worker body duly 172 constituted by workers. 173

3. Implementing effective procedures and training programs to safeguard workers against 174 retaliation, intimidation, coercion, harassment or other adverse action by managers, 175 supervisors, and co-workers. 176

4. Remaining strictly neutral on the matter of workers’ choice to unionize or not unionize. 177 That is, employers shall not campaign in any way against or in favor of workers’ 178 efforts to unionize. However, employers are not barred from stating that workers have 179 a right to unionize, in the exercise of their freedom of association. 180

181

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F. Complaints of Code Violations. Production facilities shall not engage in any reprisal, 182 coercion, intimidation or take any other adverse action against workers for filing 183 complaints, giving evidence, or otherwise cooperating with monitoring, enforcement, 184 remediation or other activity by the Consortium or its members, the Independent Monitor, 185 any government agency, or other entity authorized to enforce the employers’ obligations 186 under this Code. 187

V. Requirements – Contractor Affidavits, Public Records and Reporting 188 189

A. Refusal to Contract. The City of Berkeley shall not enter into contracts with a Contractor 190 if (a) based on information submitted by the Consortium, its Independent Monitor, or 191 other Employees or agents authorized to assist in the implementation, administration, or 192 enforcement of this Chapter, the City of Berkeley finds the Contractor or one of its 193 Subcontractors violates any requirement enumerated in this Code and that the Contractor 194 or Subcontractor refuses or fails to expeditiously remedy the violation; or (b) the 195 Contractor fails to submit the information required in the affidavit described in Section V 196 (B). 197

B. Affidavits. Before final award of a contract for production of goods or provision of 198 services covered by this Chapter, the Contractor or Vendor must submit affidavits that 199 include the information set forth in this Section to the City of Berkeley Procurement 200 Department. To ensure public access and confidence the City of Berkeley shall provide a 201 link from the website of the Berkeley Commission on Labor to any such affidavits that are 202 made available, as soon as possible but not more than (30 days) after final award of a 203 contract. The information shall include: 204

1. The names, complete physical addresses, phone number, and contact persons of each 205 production facility involved in the production of goods or provision of services. 206

2. A statement by the Contractor indicating the following: 207

a. The Contractor understands its obligation to ensure that all applicable 208

Production Facilities adhere to the Sweatshop-Free Code of Conduct as 209

defined in Section IV; 210

b. The Contractor understands that if the City of Berkeley finds any of its 211

applicable Production Facilities to be out of compliance with any of the 212

provisions of Section IV, and the Contractor fails to take all reasonable steps 213

as specified by the City of Berkeley and/or its designee(s) to compel the 214

facility to remedy the non-compliance within a time period specified by the 215

City of Berkeley, the Contractor will be deemed out of compliance with the 216

Sweatshop-Free Code of Conduct as defined in Section IV. 217

c. The Contractor has furnished a copy of the Sweatshop-Free Code of 218

Conduct as defined in Section 4 of this Chapter to each relevant 219

Subcontractor, and instructed each Subcontractor to furnish the Code of 220

Conduct to each relevant Production Facility. The Code of Conduct shall be 221

Attachment 1


posted in both English and the principal language spoken at the Production 222

Facility, if applicable. 223

3. Any other information deemed necessary by the City of Berkeley Procurement 224 Department for the administration and enforcement of this policy. 225

4. Updated Information. If any information provided by the Contractor or Subcontractor 226 pursuant to this section changes during the specified time period of the contract, the 227 Contractor shall submit or cause to be submitted to the City of Berkeley Procurement 228 Department affidavits with the updated information. 229

VI. Verification and Compliance 230 231

A. It shall be the responsibility of Contractors to ensure compliance with the Sweatshop-Free 232 Code of Conduct as defined in Section IV of this Chapter in all Production Facilities. 233 Contractors must establish and implement, and/or cause Subcontractors to establish and 234 implement, managerial systems, rules, procedures, and audits sufficient to effectively 235 ensure such compliance. Contractors must also ensure that their, and/or their 236 Subcontractors’, business and sourcing practices effectively ensure such compliance. 237

B. Each Contractor shall cooperate fully with any investigation of the City of Berkeley 238

Procurement Department, the Consortium, its Independent Monitor, and, without 239

limitation, other City of Berkeley Employees and agents authorized to assist in the 240

implementation, administration, or enforcement of this Chapter. Each Contractor shall also 241

ensure that each Subcontractor and Production Facility cooperates fully with 242

investigations. Refusal of a Contractor to facilitate monitoring by, or to cooperate fully in 243

the monitoring process of the City of Berkeley or authorized agents may result in 244

disqualification for bidding, in termination of a contract, or in other sanctions at the 245

discretion of the Procurement Department. 246

C. The City of Berkeley shall join the State and Local Government Sweatfree Consortium in 247

order to cooperate with other public entities for the purpose of ensuring the most effective 248

enforcement of the labor and human rights standards enumerated in Section IV of this 249

Chapter. 250

D. The City of Berkeley Commission on Labor shall assist in the implementation and 251

enforcement of this Chapter in the following manner, when requested by staff: 252

1. Receiving and assessing evidence of bidders’, Contractors’, and Subcontractors’ non-253

compliance with the Sweatshop-Free Code of Conduct from the Consortium, an 254

Independent Monitor, workers, labor unions, governments, businesses, non-government 255

organizations, or human rights advocates. 256

2. Providing advice on bidding guidelines, dissemination of information to Workers, and 257

collaboration with other public entities. 258

3. Evaluating the implementation of this Chapter. 259

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4. Evaluating industries engaged in manufacture and sale of goods other than apparel and 260

garments to determine whether procurement of goods, in addition to apparel and 261

garments, should be subject to this Chapter, and making recommendations for 262

expanding the scope of implementation of this Chapter to the City of Berkeley. 263

VII. Violations and Enforcement 264 265

A. Complaints. Any person may complain that the Sweatshop-Free Code of Conduct (Section 266 VI) of this Chapter has been or is being violated. At the request of the party submitting the 267 complaint, or when deemed necessary by the City of Berkeley, the City of Berkeley agrees 268 to keep confidential the name and contact information of the complainant. The City of 269 Berkeley shall ensure that the merits of each complaint are investigated and is encouraged 270 to utilize the services of the Consortium and/or an Independent Monitor for this purpose. 271

B. Remediation. Upon determination of a violation of the Sweatshop-Free Code of Conduct 272 at a production facility of a Contractor or its supplier, including all Subcontractors, the 273 City of Berkeley, the Consortium, and/or its Independent Monitor, the Contractor, and 274 relevant Subcontractors shall consult with each other for the purpose of agreeing to a 275 remediation plan. In the event of disagreement about a remediation plan, the Contractor 276 and Subcontractors shall not have authority to veto the remediation plan formulated by the 277 City of Berkeley, the Consortium, and/or its Independent Monitor, which retains ultimate 278 authority in the matter. The intention is for the situation to be corrected in order to comply 279 with the Sweatshop-Free Code of Conduct. Corrective action includes all steps necessary 280 to correct the violations, including, but not limited to: 281

1. Paying back wages to workers who made manufactured products or provided services 282 supplied to the City of Berkeley. 283

2. Reinstating any worker who has been unlawfully dismissed. 284

3. Training on worker rights and best practices education for managers and workers at 285 the facility or operation where the violation occurred to ensure future compliance. 286 Any such training and education shall be at the expense of the Contractor or 287 Subcontractor. Upon request by the City of Berkeley, the Consortium, and/or its 288 Independent Monitor, the Contractor or Subcontractor shall submit such materials for 289 training and education for the City of Berkeley’s, the Consortium’s, and/or its 290 Independent Monitor’s review and approval prior to distribution to managers and 291 workers. 292

C. Sanctions. Sanctions may be imposed if the City of Berkeley or its authorized agents finds 293

1. that the Contractor or one of its Subcontractors violates any requirement enumerated 294 in this Chapter, and 295

2. that the Contractor refuses or fails to take all reasonable steps to ensure that the 296 violation is expeditiously remedied. The City of Berkeley Procurement Department 297 may terminate the contract without notice, impose a monetary penalty not to exceed 298 [insert agreed-upon figure] for each violation, or remove the Contractor from the 299 bidder’s list for a period of [agreed upon time], in accordance with the [public 300

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entity’s laws and regulations for imposition of sanctions on Contractors that 301 violate conditions on contracting]. The appeals process for Contractors found to 302 violate any provisions of this Chapter shall be in accordance with [relevant code]. 303

Any appeals may be directed to the Commission on Labor. 304

VIII. Exemptions 305 306

A. The City of Berkeley Procurement Department may choose to grant an exemption to the 307 provisions of this ordinance with respect to a specific contract with a specific vendor, for 308 a specific good or service, or for a type of good or service. 309

310 Any request for exemption must specify the reasons. Reasons may include: 311

312 1. Emergency Procurement. In a situation in which a breakdown in service or other 313

scenario occurs which has an immediate effect on life, health, or safety, or which will 314 result in a work stoppage, an emergency procurement can be obtained such that 315 materials, supplies, equipment, or services vitally necessary to restore operation can be 316 obtained. If the emergency occurs when the department of purchasing is not open for 317 business or is otherwise unavailable, departments may make or request emergency 318 procurements from the most practicable source. 319

320 2. Sole Supplier. In the event that a vendor not in full compliance with the provisions of 321

this ordinance but is the sole supplier of a cognizant good or service, the City of 322 Berkeley Procurement Department may exempt the vendor from provisions of this 323 ordinance. The City of Berkeley Procurement Department shall brief the City of 324 Berkeley Commission on Labor on its decision to qualify the vendor as a sole 325 supplier. No contract awarded under this section may exceed one year in term unless 326 the City of Berkeley Procurement Department determines, no later than 6 months 327 prior to the expiration of the original term of the contract, that the Contractor has 328 achieved an additional level of compliance with the terms of this Chapter that 329 warrants exercise of an option to extend the contract for an additional year. 330

331 3. Public Entity. The contract is with another public entity. 332

333 B. In the event of an exemption, the City of Berkeley Procurement Department shall inform 334

the Secretary of the City of Berkeley Commission on Labor, who will, in turn, notify the 335 Commission on Labor. 336

337 C. Nothing herein shall remove the City of Berkeley Procurement Department’s authority to 338

reject all bids or take any other action within its authority under this Chapter. 339 340 IX. Preemption 341 342 Nothing in this Chapter shall be interpreted or applied so as to create any power or duty in 343 conflict with any federal law. Nothing in this Chapter shall be interpreted to preempt any law of 344 a political subdivision of the City of Berkeley. 345

Attachment 1


346 XI. Severability 347 348 If any part or provision of this Chapter, or the application of this Chapter to any person or 349 circumstance, is held invalid, the remainder of this Chapter, including the application of such 350 part or provisions to other persons or circumstances, shall not be affected by such holding and 351 shall continue in full force and effect. To this end, the provisions of this Chapter are severable. 352 353 XII. Legislative Objectives 354 355

A. To end taxpayer support for sweatshops. 356

B. To protect the basic labor rights and human rights of workers who produce apparel and 357

other goods for the public entity. 358

C. To level the playing field for ethical contractors. 359

D. To reduce cost to the public entity and minimize the work of policy implementation and 360

enforcement for government officials by collaborating with other public entities and 361

making available the services of an independent factory monitor. 362

E. To create a sweatshop-free procurement policy consistent with federal law and United 363

States trade obligations. 364

365

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

C A L L I N G A S P E C I A L J O I N T M E E T I N G O F T H E B E R K E L E Y C I T Y C O U N C I L A N D B E R K E L E Y

R E D E V E L O P M E N T A G E N C Y In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special

session as follows:


Council Chambers – 2134 Martin Luther King Jr. Way

Preliminary Matters Roll Call Public Comment – Items on this agenda only

Worksession: 1. West Berkeley Zoning 2. West Berkeley Circulation Master Plan

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 23th day of April, 2009.

Tom Bates, Mayor

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

ATTEST:

Date: April 23, 2009 Deanna Despain, CMC, Acting City Clerk

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TOM BATES, MAYOR Councilmembers:




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



Budget Calendar for the Development of the Fiscal Year 2010 & 2011 Biennial Budget March 17, 5 p.m.

FY 2010-2011 Budget Recommendations and Strategies – Impacts of State Budget and Federal Stimulus Funding Workshop

March 24, 5 p.m.

Council Feedback on Priorities & Program Focus: Capital Improvement Program Workshop

April 21, 5 p.m. Citywide Pools Master Plan Workshop

April 21, 7 p.m. Public Hearing on CDBG & ESG Annual Action Plan and proposed funding allocations to community agencies Action Calendar

May 5, 5 p.m. Presentation of FY 2010 & FY 2011 Proposed Biennial Budget Workshop

May 5, 7 p.m. Adopt funding allocations and Action Plan for CDBG and ESG Action Calendar

May 19, 7 p.m. Public Hearing #1: Budget & Fees Action Calendar

May – June Community Meetings on the proposed budget No Council Action

June 2, 7 p.m. Council recommendations on budget due to City Manager Action Calendar June 9, 7 p.m. Public Hearing #2: Budget & Fees Action Calendar June 23, 7 p.m. Adopt FY 2010 & FY 2011 Biennial Budget & Tax Rates Action Calendar

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berkeley city council agenda committee regular …...monday, april 13, 2009 agenda page 1 berkeley...

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