Special Meeting eAgenda
June 19, 2012




Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.


  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:
Tuesday, June 19, 2012
7:00 p.m.
Council Chambers – 2134 Martin Luther King Jr. Way
Preliminary Matters
Roll Call
Public Comment – Items on this agenda only
Action Calendar:
From: Police Review Commission
Recommendation: Approve the BPD's 2012 Mutual Aid Pacts, including modifications to the following: 1) Northern California Regional Intelligence Center (NCRIC); and 2) Urban Area Security Initiative (UASI) Agreements; and 3) General Orders J-1 - Jail Policy; and 4) C-1 - Criminal Intelligence; 5) M-2 - Mutual Aid Policy; and 6) UCPD Agreement.
Financial Implications: Unknown
Contact: Lillian Mayers, Commission Secretary, 981-4950
From: City Manager
1.   Direct the City Manager to prepare policies for the Berkeley Police Department to implement the following Mutual Aid Memoranda of Understanding (MOU) as set forth in this report, and return with the complete package of 2012 Mutual Aid MOU’s for approval in September 2012:
a.   Northern California Regional Intelligence Center (NCRIC)
b.   Department of Homeland Security, Urban Area Security Initiative (UASI)
c.   University of California Berkeley Police Department.
2.   Adopt a Resolution amending Resolution No. 63,711 stating that the City of Berkeley will not comply with ICE civil immigration detainers, except as to dangerous persons who will be held for no more than 48 hours (excluding Saturdays, Sundays and court holidays) pursuant to an ICE detainer. 
3.   Direct the City Manager to modify the following Berkeley Police Department General Orders as described in this report: Jail Operations and Mutual Aid Policy.
Financial Implications: Staff time
Contact: Michael Meehan, Police, 981-5900
From: Councilmember Arreguin
Recommendation: Direct the City Manager to modify General Order J-1 as proposed in the report.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
From: Peace and Justice Commission
Recommendation: Adopt a Resolution:
1.   Petitioning Governor Brown to direct the California Public Utilities Commission (PUC) to decommission Diablo Canyon and San Onofre nuclear power plants and to initiate renewable power generation;
2.   Calling upon Governor Brown to exercise his powers to direct the PUC to call for replacing aging reactors with clean and renewable energy generation by the end of the current licenses of California's nuclear power plants at Diablo Canyon and at San Onofre;
3.   Urging President Barack Obama and the Nuclear Regulatory Commission to reverse their support of nuclear power, stop loan guarantees to the nuclear energy industry, shut down nuclear facilities operating in seismically active areas of the U.S., establish a moratorium on building new nuclear reactors and investing in clean, renewable energy, and
4.   Insisting that the Nuclear Regulatory Commission withhold license renewal for Diablo Canyon and San Onofre Nuclear Power plants until seismic issues and offsite permanent storage are resolved.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 510-981-5114
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 14th day of June, 2012.
Tom Bates, Mayor
Public Notice – this Proclamation serves as the official agenda for this meeting.
Date:  6/14/12
Mark Numainville, Acting CMC, City Clerk
Tom Bates, Mayor

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 an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City more than 90 days after the date the Notice of Decision of the action of the City Council is mailed.  Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via Internet accessible video stream at http://www.CityofBerkeley.info/video and KPFB Radio 89.3.
 Archived indexed video streams are available at http://www.CityofBerkeley.info/CityCouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website.  Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record.  If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk.  If you do not want your contact information included in the public record, please do not include that information in your communication.  Please contact the City Clerk at 981-6908 or clerk@cityofberkeley.info for further information.
Agendas and agenda reports may be accessed via the Internet at http://www.CityofBerkeley.info/CityCouncil
and may be read at reference desks at the following locations:

City Clerk Department


2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903


Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@CityofBerkeley.info



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.



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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.