City Clerk
City Clerk

Regular Meeting eAgenda
April 20, 2010

Printer-friendly PDF* agenda 

 

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.

Note: 

  • 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 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, April 20, 2010
 
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

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, 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.

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 Item

1.   Recess Item: Contract Amendment: Management Partners for Interim Director of Health Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess to amend the contract with Management Partners, Incorporated, extending the contract term from May 15, 2010 to November 15, 2010, adding work scope to perform a financial review and organizational analysis of the Mental Health Division of the Department of Health Services, and adding contract authority in the amount of $70,550 for a total amount not to exceed of $142,550.
Financial Implications: FY 2010:  $70,550 Net Additional Expenditure.  Budget Codes:  85% 010-4101, 7% 065-4101, 8% 958-4101.
Contact: Phil Kamlarz, City Manager, 981-7000

Consent Calendar

2.   Proposed Revisions to Claim/Refund Ordinance, BMC Section 7.20.020 (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,132–N.S amending Berkeley Municipal Code Section 7.20.020 to explicitly adopt the "pay first/litigate later" rule that has long been relied upon by cities and counties throughout the state.
Financial Implications: Unknown
First Reading Vote: All Ayes.
Contact: Zach Cowan, City Attorney, 981-6950

3.   Settlement: Doris Girard v. City of Berkeley (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 09 453044 entitled Girard v. City of Berkeley, in the amount of $42,500.
Financial Implications: Public Liability Fund - $42,500
Contact: Zach Cowan, City Attorney, 981-6950

4.   Revised 2010 City Council Meeting Schedule (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution 64,605-N.S. revising the 2010 City Council regular meeting schedule to cancel the June 8, 2010 meeting and add a meeting on June 29, 2010.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

5.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of March 15, 2010 (special closed), March 23, 2010 (special and regular) and March 24, 2010 (special joint).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

6.   Revision of Stipend Resolution for City Commissioners (PDF)
From: City Manager
Recommendation:
Adopt a Resolution revising the Commissioner Stipend Resolution to reflect changes in state law and city policy and rescind Resolution No. 64,745-N.S. and all previous versions.
Financial Implications: Minor potential cost savings
Contact: Deanna Despain, City Clerk, 981-6900

7.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
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: Sanitary Sewer Operation - $425,000
Contact: Robert Hicks, Finance, 981-7300

8.   Contract: 2010 Weatherization Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution: 
1    Authorizing the City Manager or his designee to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the amount of $99,151 for the interim period January 1, 2010 through April 30, 2010,
2   Authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.
Financial Implications: Grant - $99,151
Contact: Jane Micallef, Housing, 981-5400

9.   Contract No. 7008 Amendment: Hanson Bridgett Marcus Vlahos Rudy LLP - Legal Services (PDF)
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 for a not to exceed contract amount of $185,000.
Financial Implications: General Fund - $40,000 (Pension Annuity Trust Fund)
Contact: David Hodgkins, Human Resources, 981-6800

10.  Unrepresented Employee Manual Amendments (PDF)
From: City Manager
Recommendation:
Adopt a Resolution No. 60,777-N.S., the Unrepresented Employee Manual, to amend several articles that set forth terms and conditions of employment and health and welfare benefits for the classification of Battalion Chief so they are the same as are provided for other Fire management employees.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

11.  Increase Purchase Order for Evidence Testing (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to increase FY 2010 Purchase Order No. 77845 to Alameda County Criminalist Laboratory by $75,000 for evidence testing and analysis services provided in FY 2010 as expenditures exceed the purchase limit currently authorized.
Financial Implications: See report
Contact: Michael Meehan, Police Chief, 981-5900

12.  **Removed from Agenda per City Manager** Contract No. 6397A Amendment: Enforcement Technology, Inc. - Handheld Parking Citation Services
Contact: Michael Meehan, Police Chief, 981-5900

13.  License Agreement: Disabled American Veterans Chapter #25 and American Legion Post #7 – 1931 Center St. (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a license agreement with the Disabled American Veterans Chapter #25 (DAV) and American Legion Post #7, for veterans' meetings, gatherings and office space at 1931 Center Street.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

14.  Purchase Order: 3T Equipment Company for One Sewer Camera Truck with Water Jet Trailer (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a purchase order for 3T Equipment Company in an amount not to exceed $209,577 for one sewer camera truck with water jet trailer.
Financial Implications: Equipment Replacement Fund - $209,577
Contact: Claudette Ford, Public Works, 981-6300

15.  Grant: Transportation for Livable Communities Capital Program Grant Application for Downtown Berkeley BART Plaza and Transit Area Improvements (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a grant application to the Metropolitan Transportation Commission (MTC) Transportation for Livable Communities (TLC) 2010 Capital Program Regional Call for Projects to implement capital improvements to the Downtown Berkeley BART Plaza and Transit Area in the amount of $2 million, accept the grant awarded and execute any resultant agreements and amendments.
Financial Implications: Match amount - $400,000 per UC Transportation Demand Management Fund
Contact: Claudette Ford, Public Works, 981-6300

16.  Contract: CF Contracting, Inc., for NBSC Siding Replacement and ADA Improvements Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Approving plans and specifications for the North Berkeley Senior Center (NBSC) Siding Replacement and American Disabilities Act (ADA) Improvements project, Specification Number 10-10454-C; and 2.           Accepting the bid of CF Contracting and authorizing the City Manager to execute a contract and any extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $366,968.
Financial Implications: Capital Improvement Fund - $366,968
Contact: Claudette Ford, Public Works, 981-6300

17.  Contract No 7721C and 7185E Amendments: Burks Toma Architects and Design, Community, and Environmental for the Dona Spring Animal Shelter and East Touchdown Plaza Project (PDF)
From: City Manager
Recommendation:
Adopt two Resolutions authorizing the City Manager to execute amendments to:
1.   Contract No. 7721C with Burks Toma Architects (BTA) for architectural construction administration services on the new Animal Shelter , increasing the contract by $233,970 for a revised amount not to exceed $828,830, and extending the contract term through December 31, 2011; and
2.   Contract No. 7185E with Design, Community, and Environment (DC&E) for landscape construction administration services on the new Animal Shelter and Eastern Touchdown Plaza, increasing the contract by $50,000 for a total revised contract amount not to exceed $439,012, and extending the contract term through December 31, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

18.  Appointment of Joanne Wile to the Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation:
Adopt a Resolution approving the appointment of Joanne Wile to the Mental Health Commission, as a City of Albany representative of the General Public Interest Category, for a three-year term beginning April 21, 2010 and ending April 20, 2013.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5100

19.  Additional 2010 Meetings for the Commission on Early Childhood Education (PDF)
From: Commission on Early Childhood Education
Recommendation:
Adopt a Resolution approving two additional meetings in calendar year 2010 for the Commission on Early Childhood Education, totaling six Commission meetings in 2010.
Financial Implications: See report
Contact: Drew King, Commission Secretary, 981-5400

Council Consent Items

20.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the Ecology Center’s 40th Anniversary and Earth Day Celebration (PDF)
From: Councilmember Moore and Capitelli
Recommendation:
Adopt a Resolution to approve expenditures of up to $125 to the Ecology Center from the discretionary office budgets of as many Council members as wish to contribute for attendance at the Ecology Center’s 40th Anniversary and Earth Day celebration.
Financial Implications: Councilmember's Discretionary Fund - $125
Contact: Darryl Moore, Councilmember, District 2, 981-7120

21.  Strategy for Discouraging Poaching of Recyclables (PDF)
From: Councilmember Moore
Recommendation:
Direct the City Manager to develop a strategy to significantly reduce the poaching of recyclables and seek the input of the Zero Waste Commission before reporting back to Council.  The City Manager should return with recommendations before the June 1st Council meeting so the Council has a strategy to reduce lost recycling revenues before voting on a budget that may levy a fee for recycling.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

22.  Improving Diversity in the Berkeley Police and Fire Departments (PDF)
From: Councilmembers Moore and Anderson
Recommendation:
Direct the City Manager to develop a concrete plan-of-action to increase the diversity in the City’s Public Safety Departments, Police and Fire.  The Personnel Board shall oversee the implementation of the plan and to ensure that it is being implemented in a reasonable length of time.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

23.  Co-Sponsorship of the 23rd Annual Berkeley Juneteenth Festival (PDF)
From: Councilmember Anderson, Moore, Arreguin and Worthington
Recommendation:
Adopt a Resolution approving co-sponsorship of the 23rd Annual Berkeley Juneteenth Festival to be held on Sunday, June 13, 2010.
Financial Implications: See report
Contact: Max Anderson, Councilmember, District 3, 981-7130

24.  Support Strong National Global Warming Legislation (PDF)
From: Councilmember Arreguin
Recommendation:
Send a letter urging U.S. Senators Barbara Boxer and Diane Feinstein to continue to push for strong legislation that caps greenhouse gas emissions and invests in renewable energy.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

25.  City Sponsorship of the 2010 Himalayan Fair (PDF)
From: Councilmember Capitelli
Recommendation:
Adopt a Resolution cosponsoring the 2010 Himalayan Fair to be held at Live Oak Park on Saturday, May 29 and Sunday, May 30.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

26.  Oppose Statewide Proposition 17 - Increasing Car Insurance for Not Driving (PDF)
From: Councilmembers Worthington Arreguin, Moore and Mayor Bates
Recommendation:
Oppose Proposition 17, an initiative that will increase car insurance premiums for any lapse in policy coverage.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

27.  Oppose Statewide Proposition 14 Which Prevents Political Party Members From Selecting Their Own Candidates for General Elections (PDF)
From: Councilmembers Worthington Arreguin, Moore and Mayor Bates
Recommendation:
Oppose Proposition 14 in the June primary election.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

28.  Recognizing 350PPM as the Recommended CO2 Limit (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution that endorses 350ppm (parts per million) of carbon dioxide as the reasonable upper limit for carbon dioxide emissions.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

29.  City Opposition to PG&E Proposed Rate Increase and Flat Fee (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter to the California Public Utilities Commission opposing PG&E's proposed rate increases to our constituents, and new flat monthly service fee, due to the negative impacts on solar energy and energy conservation.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

30.  Support Initiative for California State Parks and Wildlife Programs (PDF)
From: Councilmember Worthington
Recommendation:
Endorse Initiative 1421 (09-0072), Establishing a $18 Annual Vehicle License Surcharge to Help Fund State Parks and Wildlife Programs and Granting Free Admission to All State Parks to Surcharged Vehicles.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

31.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Janet Jean Motika (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution to approve the expenditure of $100 to Janet Jean Motika for services related to the 2009 Holocaust Remembrance Day Event with funds relinquished to the City's general fund for this purpose from Councilmember Kriss Worthington's discretionary Council Office Budget.
Financial Implications: Councilmember’s Discretionary Fund - $100
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 – Presentation

32.  8:00 p.m. Time Certain - Presentation and Discussion: Bus Rapid Transit Locally Preferred Alternative (Continued from March 23, 2010)
Presentation (PDF) 
Supplemental materials (PDF)
From: City Manager
Recommendation:
Presentation and discussion regarding the possibility of forwarding a build alternative to AC Transit for study in its Final Environmental Impact Study/Report (FEIS/R).
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  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.

33.  Agreements, With Other Law Enforcement Agencies, Police Departments or Private Security Organization (PDF)
Attachment 2a (PDF)
Attachment 2b (PDF)
From: City Manager
Recommendation:
Conduct a public hearing, and at the conclusion of the hearing, adopt a Resolution approving agreements, understandings or policies existing or revised as of February 15, 2010 between the Berkeley Police Department and other local, state and federal law enforcement agencies, military and/or intelligence agencies, police departments and private security organizations in order to maintain the current level of police resources and emergency services.
Financial Implications: See report
Contact: Michael Meehan, Police Chief, 981-5900

Action Calendar – New Business

34.  Authorizing the Execution, Sale and Delivery of Certificates of Participation for the Dona Spring Animal Shelter (PDF)
Revised materials (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the execution, sale and delivery of not to exceed $5,500,000 in certificates of participation, authorizing and directing execution of related lease financing documents and trust agreements, approving the form of the official statement, and authorizing official actions.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

35.  Contract: Broward Builders, Inc. for Construction of the Dona Spring Animal Shelter and East Touchdown Plaza Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Approving plans and specifications for construction of the Dona Spring Animal Shelter and East Touchdown Plaza (ETP) Project;
2.   Denying all protests filed by bidders based on a decision reached through the informal protest hearing held on February 19, 2010;
3.   Accepting the bid of Broward Builders, Inc.; and
4.   Authorizing the City Manager to execute a contract and any extensions or change orders until completion of the project in an amount not to exceed $8,118,494.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

36.  Request for Additional Funding to the Berkeley Needle Exchange Emergency Distribution (NEED) Program
a. 
From: Community Health Commission (PDF)
Recommendation: Authorize general funds in the amount of $32,000 for the Berkeley Needle Exchange Emergency Distribution (NEED) Program to allow NEED to function at their current level for the remainder of the 2009-10 fiscal year.
Financial Implications: General Funds - $32,000
Contact: Daren Fields, Health Services, 981-5100

b. Request for Additional Funding for the Berkeley Needle Exchange Emergency Distribution (NEED) Program
From: City Manager (PDF)
Recommendation: The Department of Health Services (DHS) recommends that Council weigh the NEED request for additional General Fund support against the many competing budgetary priorities, as part of the FY 2011 budget process.
Financial Implications: See report
Contact: Daren Fields, Health Services, 981-5100

37.  Application for California Strategic Growth Council Urban Greening Program Grant
a. 
From: Councilmembers Arreguin and Worthington (PDF)
Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the California Strategic Growth Council for $2.5 million in funding under the Urban Greening for Sustainable Communities Program to further refine the design and to plan for Phase 1 construction of the Hood proposal for Center Street Plaza.
Financial Implications: See report
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

b. From: City Manager (PDF)
Recommendation: Refer the request to submit an application to the California Strategic Growth Council for $2.5 million under the Urban Greening for Sustainable Communities Program for a portion of the Center Street Plaza proposal to staff for assessment of the project and return with a recommendation on April 27, 2010. 
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Information Reports

38.  FCPC: Summary of Activities for 2009 and Work Plan for 2010 (PDF)
From: Fair Campaign Practices Commission
Contact: Zach Cowan, City Attorney, 981-6950

39.  Contract Compliance Audit - Status Report (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

40.  1950 Martin Luther King Jr. Way, Berkeley - Review of Planning Commission Approval of Tentative Tract Map 8026 (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

41.  1200-1214 Spruce Street & 2214 Eunice Street, Berkeley - Review of Planning Commission Approval of Tentative Tract Map 8009 (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

42.  Status Report: Follow-up Audit of Public Works Construction Contracts (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300

43.  UC Berkeley Long Range Development Plan Transportation Demand Management/Pedestrian Funding Agreement (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300

44.  Recovery Act Readiness: Housing Prepared to Meet Funding Requirements (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750


Public Comment – Including Items Not Listed on the Agenda – 


Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

 
Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
 http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
 

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.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 15, 2010.  

Deanna Despain, CMC, 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. 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.

Item 32: Presentation and Discussion: Berkeley Rapid Transit Locally Preferred Alternative
1.    Dean Metzger, on behalf of Claremont Elmwood Neighborhood Association (CENA)
2.    Steven Keller
3.    Marilla Arguelles
4.    Rebecca Lithander
5.    Hui Wang

Workers’ Compensation Claim
6.    Ragni Larsen-Orta

Terminating Employment of Aides
7.    Barbara Gilbert

Aquatic Park Issues
8.    Mark Liolios

Plastic Bag Ordinance
9.    Allison Chan, on behalf of Save the Bay

Budget Cuts
10. Lisa Bullwinkel

Recycling Fee
11. Wendy Alfsen

Public Housing Program
12. Unknown

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