General Information
General Information

 

Special Meeting Annotated Agenda
June 19, 2012
  

                                                                                                                                                                                            Printer-friendly PDF* Annotated Agenda 

 

 
 

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL
SPECIAL MEETING
Tuesday, June 19, 2012
7:00 P.M.
Council Chambers – 2134 Martin Luther King Jr. Way
Tom Bates, Mayor
Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

 
Preliminary Matters

Roll Call: 8:17 p.m. All present.

Action Calendar:

1. a. Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies (Mutual Aid Pacts) for 2012 (Continued from May 22, 2012) (PDF)
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

b. Revisions to Policies Regarding BPD Mutual Aid Memoranda of Understanding (Continued from May 22, 2012) (PDF)
From: City Manager
Recommendation:
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 

c. Mutual Aid Pacts: Proposed Amendment to General Order J-1 (PDF) 
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
a. 27 speakers. The City Council took the following actions on the six modifications proposed in the report from the Police Review Commission:
1) Northern California Regional Intelligence Center (NCRIC)
Action: M/S/C (Maio/Moore) to refer to the City Manager the Police Review Commission recommendations with the following amendments:
i. Suspicious Activity Reports submitted by the Berkeley Police Department should not include the non-criminal activity listed on the NCRIC list.
ii. The Berkeley Police Department must follow federal privacy guidelines in 28CFR Part 23, the California Constitution, and the 2007 Attorney General guidelines for criminal intelligence.
iii. There should be a process by which the City Manager and Mayor review Suspicious Activity Reports submitted by the Berkeley Police Department.
iv. The Berkeley Police Department will issue a report annually on all Suspicious Activity Reports submitted to NCRIC.
v. Suspicious Activity Reports should not be limited to reports that identify specific persons or groups.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington.
2) Urban Area Security Initiative (UASI) Agreements
Action: M/S/C (Maio/Arreguin) to refer to the City Manager the Police Review Commission recommendations with the following amendments:
i. For UASI trainings attended by BPD personnel, the training materials and details shall be made available to made public.
ii. BPD will report annually on all UASI grant applications including the details of the grant, the equipment obtained, and any trainings, excercises, or competitions attended.
iii. Establish a process for City Council approval of UASI grants applications prior to submission.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington.
3) General Orders J-1 - Jail Policy
Action: M/S/C (Maio/Arreguin) to refer to the City Manager the Police Review Commission recommendations with the following amendments:
Review the policy of Santa Clara County for ICE detainers and modify as needed for the City of Berkeley.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.
4) C-1 - Criminal Intelligence
Action: M/S/C (Maio/Moore) to refer to the City Manager the Police Review Commission recommendations with the following amendments:
Review and consider the adoption of the Attorney General’s guidelines.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – Worthington.
5) M-2 - Mutual Aid Policy
Action: M/S/C (Maio/Moore) to refer to the City Manager the Police Review Commission recommendations with the following amendments:
In paragraph B, change the requirement to an annual report.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.
6) UCPD Agreement
Action: M/S/C (Maio/Moore) to refer to the City Manager the Police Review Commission recommendations with the following amendments:
Include language that BPD will work collaboratively with UCPD on consistency of procedures between the agencies.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.
Action: M/S/C (Bates/Maio) for the City Manager to bring back the policies in September 2012 and refer the actions of the Council to the other participating agencies in NCRIC.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None. 

2. Decommission California Nuclear Power Plants and Transition to Green Non-Nuclear Power Generation Sources (Continued from May 29, 2012) (PDF) 
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
Action: 17 speakers. M/S/C (Moore/Anderson) to adopt Resolution No. 65,785–N.S. as amended.
1. Requesting that Governor Brown do all he can to influence the California Public Utilities Commission (PUC) to decommission Diablo Canyon and San Onofre nuclear power plants and to initiate renewable power generation;
2. Urging Governor Brown to call upon the PUC to replace 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, economic issues, and offsite permanent storage are resolved.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – Wozniak.

Adjournment

Adjourned at 10:16 p.m. in honor of former City Council Member Maudelle Shirek’s 101st birthday.

Communications

Item 1: Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies (Mutual Aid Pacts) for 2012
1. Sally Nelson
2. Jessica Premsangha
3. Sas Colby
4. Andree Thompson
5. Carolyn Scarr
6. Lois Jones
7. Jane Welford, on behalf of Veterans for Peace East Bay Chapter 162

Item 2: Decommission California Nuclear Power Plants and Transition to Green Non-Nuclear Power Generation Sources
8. Robert Meola
9. Gene Stone
10. Len Conly
11. Diane Hennessy
12. Don DeLaCruz
13. Kim Carpenter
14. Nathan Lawrence

Supplemental Communications and Reports 1
-None

Supplemental Communications and Reports 2

Item 1: Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies (Mutual Aid Pacts) for 2012
15. Anne Kronenberg

Item 2: Decommission California Nuclear Power Plants and Transition to Green Non-Nuclear Power Generation Sources
16. Clare Marcus
17. Roger Herried, on behalf of Abalone Alliance Clearinghouse

Supplemental Communications and Reports 3

Item 1: Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies (Mutual Aid Pacts) for 2012
18. Julia Harumi Mass
19. Unknown

Item 2: Decommission California Nuclear Power Plants and Transition to Green Non-Nuclear Power Generation Sources
20. Sharon Swan
21. Julie Hernandez
22. Allen
23. Gordon Wozniak, District 8
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