WHEREAS, military recruiters are sales people known to lie to and seduce minors and

young adults into contracting themselves into military service with false promises

regarding jobs, job training, education and other benefits; and

WHEREAS, many enlisted persons never see the benefits they are promised and find

out they are not eligible for the educational benefits due to loopholes and they did not

receive the training promised or it did not qualify them for jobs outside the military; and

WHEREAS, the people of Berkeley should want the Marine Corps present near

Berkeley High School, Berkeley City College, and University of California no more than

they would want other violent influences downtown.

NOW THEREFORE, BE IT RESOLVED that the Peace & Justice Commission

recommends that the Council of the City of Berkeley direct the City Attorney to

investigate and report back to Council within 60 days on City options for enforcing

Chapter 13.28 of the Berkeley Municipal Code, prohibiting discrimination on the basis of

sexual orientation, with respect to military recruiting offices in Berkeley.

BE IT FURTHER RESOLVED, that the Council of the City of Berkeley direct the City

Manager to send letters to the Marine Corps Recruiting Station at 64 Shattuck Avenue

and to General James T. Conway, Commandant of the United States Marine Corps,

advising them that the Marine recruiting office is not welcome in our city, and if

recruiters choose to stay, they do so as uninvited and unwelcome intruders.

BE IT FURTHER RESOLVED, that the Council of the City of Berkeley encourage all

people to avoid cooperation with the Marine Corps recruiting station, and applaud

residents and organizations such as Code Pink, that may volunteer to impede, passively

or actively, by nonviolent means, the work of any military recruiting office located in the

City of Berkeley.

Linda Maio

CONSENT CALENDAR

January 29, 2008

To: Honorable Mayor and Members of the City Council

From: Councilmembers Linda Maio and Max Anderson

Subject: Permit Waiver and Parking Space Designation Request for Code Pink

RECOMMENDATION

Approve the waiver of a sound permit ($36) every Wednesday from 12:00 pm - 4:00 pm

for the next six (6) months (February 6, 2008 - July 30, 2008) and designate one (1)

parking space on Shattuck directly in front of the Military Recruiting Station at 64

Shattuck Square for Code Pink. It is recommended that Council approve the permanent

tagging of the one parking spot and designate it with signage "No Parking from 12:00

pm - 4:00 pm every Wednesday,” for six (6) months from approval of this request, and

that Code Pink be allowed permission for one table and chairs that may not obstruct the

10-foot access for public-right-of-way.

FINANCIAL IMPLICATIONS

Staff to describe minimal type of permits required for all costs and associated cost.

BACKGROUND

Code Pink, a national anti-war grassroots organization, has been exercising their First

Amendment right of free speech by holding small gatherings in front of the military

recruiting storefront on Shattuck Square. They have a regular vigil of roughly 5 to 8

people on the sidewalk. They are requesting a parking permit for the space directly in

front of the recruitment office and a sound permit for their occasional singing and

speaking via using a small microphone (very low decibel).

City staff has designated this presence as a major event, which involves large fees and

plans. It is true that a large contingent of pro-military people arrived for a counter

demonstration one day, and that was a major event, but their regular vigil is small, as

described above. This item asks that we take a practical approach by granting the one

sound permit for Wednesday afternoon, and enable one parking place and table in front

of the office.

CONTACT PERSON

Councilmember Linda Maio Council District 1 510-981-7110

Councilmember Max Anderson Council District 3 510-981-7130