City Clerk
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Regular Meeting eAgenda
May 18, 2010

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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: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, May 18, 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.

From: City Manager
Recommendation: Adopt a Resolution approving a donation to the Animal Shelter in the sum of $5,000 from the Berkeley Animal Welfare Fund.
Financial Implications: Animal Shelter Donation Fund- $5,000 (donation)
Contact: Kate O’Connor, City Manager's Office, 981-7000
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of April 20, 2010 (special and regular), April 27, 2010 (special and regular), April 29 (special) and May 4, 2010 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Westcoast Online Information Systems, Inc. dba NetFile for an amount not to exceed $114,000 for the period June, 2010 through June, 2015 (including two one-year extensions) for online campaign report and Form 700 filing and tracking.
Financial Implications: See report
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Amend Resolution No. 61,752-N.S. to amend and restate the Grantor Trust established to hold the assets of the Retiree Health Premium Assistance Plan (for non-safety members) to conform to the requirements of Government Accounting Standards Board (GASB) Statement Number 45 and to the requirements of Internal Revenue Code Section 115.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a contract and any amendments with Innovative Claim Solutions, Inc. (ICS), to provide workers' compensation third party administrative services in an amount not to exceed $1,709,000 for the period July 1, 2010 through June 30, 2013.
Financial Implications: Workers' Compensation Self-Insurance Fund - $1,709,000
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a funding agreement with the City of Albany in an amount not to exceed $86,552 to reimburse Albany for the construction, maintenance, and monitoring of an owl habitat project at the Albany Plateau as mitigation for the sports fields project at Gilman Street.
Financial Implications: Gilman Project Fund - $86,552
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7412 with West Coast Arborists, Inc. in the amount not to exceed $112,000 for a new total contract amount of $432,000 and extending the contract through June 30, 2011.
Financial Implications: Parks Tax Fund - $432,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt Resolution authorizing the City Manager to amend contract number 6397A by $80,894 for a total amount not to exceed $592,984 to Enforcement Technology, Inc. for processing of parking citations through December 31, 2011.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900
 
From: City Manager
Recommendation: Adopt a Resolution approving the Joint Powers Agreement creating the Alameda County Transportation Commission (ACTC) and approving an amendment to the Joint Powers Agreement for the Alameda County Congestion Management Agency (ACCMA), and authorize the Mayor or City Manager to execute the necessary agreements.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution to:
1    Approve the Engineer's Report, Street Lighting Assessment District 1982-1, dated April 2010;
2    Set a public hearing to be held before Council at its June 22, 2009 Council Meeting; and
3    Authorize the City Clerk to publish the notice of the public hearing for FY 2011 levy of assessments of Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
Recommendation: Adopt a Resolution:
1    Approving the plans and specifications for the Sanitary Sewer Project, 10-10480-C, located on Ashby Avenue - from Adeline Street to Telegraph Avenue.
2    Accepting the bid of D'Arcy & Harty Construction, Inc.
3    Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specification, in an amount not to exceed $542,500 for the period of 115 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the University Avenue Sacramento/McGee to Oxford Project, 10-10463-C; accepting the bid of MCK Services, Inc. and 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 $1,308,437.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7990, a 175-unit condominium project, with 171 residential units and 4 commercial units, located at 700 University Avenue.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300

 
Council Consent Items
 
From: Mayor Bates
Recommendation: Adopt a Resolution supporting Proposition 15, the California Fair Elections Act that will appear on the June 8, 2010 ballot to establish a pilot program providing public financing for Secretary of State candidates in the 2014 and 2018 election campaigns.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
From: Mayor Bates and Councilmembers Anderson, Capitelli and Wozniak
Recommendation: Direct staff to submit a Letter of Interest by the June 1st deadline to the Metropolitan Transportation Commission (MTC) for the Climate Initiative Programs–Innovation Grant for a two-year implementation project that will reduce greenhouse gas emissions resulting from cars. 
Financial Implications: Staff time
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmembers Moore, Arreguin and Worthington
Recommendation: Adopt a Resolution in support of AB2199, Repeal of Discriminatory Code, and for the City Clerk to send a letter with a copy of the resolution to Governor Arnold Schwarzenegger, Assemblymembers Nancy Skinner, Sandre Swanson and Bonnie Lowenthal, and Senator Loni Hancock.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmembers Anderson, Arreguin, Moore and Worthington
Recommendation: Adopt a Resolution to approve the expenditure of an amount not to exceed $250 to be relinquished from Councilmembers Anderson, Arreguin, Moore and Worthington’s discretionary Council Office Budgets to the City’s General Fund to be used for operations and security at the 2010 Berkeley Juneteenth Festival.
Financial Implications: $250 from each participating Councilmembers discretionary fund.
Contact: Max Anderson, Councilmember, District 3, 981-7130
 
a.   From: Councilmembers Arreguin, Worthington, and Moore
Recommendation: Adopt a Resolution denouncing Arizona State Senate Bill 1070, a law that seeks to implement Arizona's own scheme of immigration regulation that will inevitability lead to racial profiling of people of color and limited English proficient persons and if not repealed urging the City Manager to refrain from entering into new contracts and consider discontinuing existing contracts with businesses headquartered in Arizona and urging the restriction of all non-essential travel by city officials and employees to Arizona.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Capitelli and Maio
Recommendation: Join other municipalities in opposing the highly discriminatory policy and laws passed by the State of Arizona that employs any pretext to stop and interrogate, and detain, anyone who cannot prove U. S. citizenship; and initiate economic sanctions, as per the attached resolution; and urge our federal legislators to pass comprehensive immigration reform legislation.  Direct City Council to adopt a resolution similar to the San Francisco Board of Supervisors, expected to pass Tuesday, May 11, 2010.
Financial Implications: Staff time for research
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmembers Capitelli, Maio, Moore and Mayor Bates
Recommendation: Direct the City Manager to review the business license and zoning regulations related to large, in-home family daycare businesses and return to Council with a policy  that:
1. Defines “large family in-home day cares” as per the state of CA;
2. Establishes a flat rate for an annual business license fee of $150;
3. Exempts large family in-home daycares from paying business license registration, past due fees and any fines accrued prior to January 2010 but requires such fees from January 1, 2010 on;
4. Proactively works with BALDCOA, Bananas, and current providers to develop a method of providing new and existing childcare licensees with information about the city ordinances;
5. Exempts large family in home daycares operating before January 1, 2010 from the requirement to obtain an AUP.
Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmembers Worthington and Arreguin
Recommendation: Endorse Associated Students of the University of California's (ASUC)  Bill 182 "Support of the Higher Education Pledge Campaign."
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Support Pre-election Day Voting Polling Pilot Program (SB 970) introduced by Senator Ellen Corbett.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Worthington and Arreguin
Recommendation: Send a letter urging Governor Schwarzenegger not to eliminate the Cal Grant Program from the state budget.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington and Anderson
Recommendation: Send a letter urging Assembly Majority Leader Alberto Torrico to support AB 1931, the renewal bill for the Roman Reed Spinal Cord Injury Research Act.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Worthington and Moore
Recommendation: Adopt the Berkeley Lesbians with Disabilities proclamation as a sign of support and appreciation for local disabled lesbian women.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
25.  Proclamation Honoring the Gray Panthers 40th Anniversary (PDF)
From: Councilmembers Worthington and Maio 
Recommendation: Adopt a proclamation recognizing the Gray Panthers' 40 years of activist service.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar – Public Hearings

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.
 
From: City Manager
Recommendation: Grant the property owner’s request to continue consideration of the project for a period of not less than six months without opening the public hearing.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
b. Communications
1.    Wilson Wendt (3)
2.    Tom Killilea
 
Recommendation: Conduct a Public Hearing regarding the FY 2011 proposed budget. 
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000
 
From: City Manager
Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution establishing the rate schedule for the Residential Preferential Parking Program (RPP), increasing the permit fees effective July 1, 2010, rescinding Resolution No. 62,100-N.S., 62,101-N.S., 62,102-N.S., and 62,103-N.S. and all amendatory Resolutions; and establishing a replacement fee and a semi-annual permit fee.
Financial Implications: Revenue: $83,605
Contact: Tracy Vesely, Budget Manager, 981-7000
 
From: City Manager
Recommendation: Conduct a Public Hearing and, upon conclusion, adopt a Resolution establishing FY 2011 fees for Public Health Clinical Services effective July 1, 2010 and rescinding Resolution No. 64,197-N.S.
Financial Implications: See report
Contact: Daren Fields, Health Services, 981-5100
 
From: City Manager
Recommendation: Conduct a Public Hearing and, upon conclusion, adopt a Resolution establishing fees for FY 2011 for permit, inspection and other services provided by the City of Berkeley Environmental Health Division as required by the following Berkeley Municipal Code Sections: 13.40.090, 12.04.020, 12.04.030, 11.12.040, 11.28.040, 11.20.030, 9.80.040, and the following California Health and Safety Code Sections: 114381, 116053, 119303; and rescinding Resolution No. 64,076-N.S.
Financial Implications: Revenue: $21,000
Contact: Daren Fields, Health Services, 981-5100
 
Revised materials (PDF)
From: City Manager 
Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution:
1    Rescinding Resolution No. 64,077-N.S., and
2    Establishing the fee schedule for the Permit Service Center (PSC) fund for development-related services provided by the Planning and Development Department.
Financial Implications: Revenue: $794,010
Contact: Dan Marks, Planning and Development, 981-7400

 
Action Calendar – Old Business
 
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.
 
32.  Recognizing 350PPM as the Recommended CO2 Limit (Continued from April 20, 2010)
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
 
Recommendation: Adopt a Resolution endorsing 350 parts per million as the safe upper limit of carbon dioxide in the atmosphere and as the level to which global carbon dioxide concentrations should be reduced this century.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
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

 
Action Calendar – New Business
 
34.  Funding Reservation: Housing Trust Fund
Recommendation: Adopt a Resolution that:

1.  Approves the following allocations from the Housing Trust Fund (HTF); and


 2010 HTF Recommendations

HOME

CDBG* 

UA Homes

$778,816

 

Savo Island Cooperative Homes

$300,000

 

Berkeley Housing Authority Roofing Project

 

$236,000

Strawberry Creek Lodge

 

$86,250

CHDO Operating Funds - AHA

$60,000

 

U.A. Homes Project Management  - RCD

 

$60,000

Total

$1,138,816

$382,250

2.  Accepts the recommendation of the Housing Advisory Commission’s (HAC) to keep the 2010 Housing Trust Fund round open to the end of the calendar year in order to allow staff to work with and possibly recommend funding for other projects  that applied under this Notice of Funding Availability (NOFA); and
3.  Waives the existing HTF Guidelines in order to approve the above funding reservations.
*Community Development Block Grant
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

b. From: Housing Advisory Commission (PDF)
Recommendation:  Adopt a Resolution that:
1.  Approves the following allocations from the Housing Trust Fund (HTF); and


 2010 HTF Recommendations

HOME

CDBG* 

UA Homes

$778,816

 

Savo Island Cooperative Homes

$300,000

 

Berkeley Housing Authority Roofing Project

 

$236,000

CHDO Operating Funds - AHA

$60,000

 

U.A. Homes Project Management  - RCD

 

$60,000

Total

$1,138,816

$296,000

2.  Approves keeping the 2010 Housing Trust Fund round open to the end of the calendar year in order to allow staff to work with and possibly recommend funding for other projects that applied under this Notice of Funding Availability (NOFA); and
3.  Waives the existing HTF Guidelines in order to approve the above funding reservations.
*Community Development Block Grant
Financial Implications: See report
Contact: Kristen Lee, Commission Secretary, 981-5400

 
Information Reports
 
From: City Manager
Contact: Christine Daniel, Deputy City Manager, 981-7000
 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
 
37.  AC Transit Service Improvements (PDF)
From: Transportation Commission 
Contact: Farid Javandel, Commission Secretary, 981-6300

 
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 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.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.
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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 May 13, 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 18: Denouncing Arizona State Senate Bill 1070 and Calling for a Boycott of the State of Arizona and Arizona Based Businesses
1.    Caleb Dardick

Item 28: Fees: Residential Preferential Parking Permits
2.    Doug Buckwald

Item 33: Unrepresented Employee Manual Amendments
3.    David Hodgkins, Human Resources

Downtown Area Plan
4.    Helen Burke, on behalf of the Sierra Club Northern Alameda County Group

Variance on Alcohol Sales
5.    Sam Herbert

Sidewalk Curb Cuts
6.    Cliff Young

Census Count / Federal Funding
7.    Terry

1824 University Avenue
8.    Philip O’Hay

Medical Marijuana
9.    Barbara Gilbert
10. E. Barbara Phillips
11. Sophie Hahn
12. Vera Balarin
13. Asa Dodsworth

Bus Rapid Transit and Related Items
14. Elizabeth Green, Planning & Development
15. Vincent Casalaina
16. David Halperin
17. Doug Buckwald (2)
18. Dean Metzger, on behalf of Claremont Elmwood Neighborhood Association
19. George Oram (2)

Safeway Expansion Project
20. Anthony Bruzzone, on behalf of Berkeley Design Advocates

ZAB Appeal: 1319 McGee Avenue (Appeal Withdrawn)
21. Jamie Rosen

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