Honorable Mayor and Members of the City Council From: Phil Kamlarz, City Manager Submitted By: Deanna Despain, City Clerk Subject: Minutes for Approval

Office of the City Manager CONSENT CALENDAR May 18, 2010

To: Honorable Mayor and Members of the City Council From: Phil Kamlarz, City Manager Submitted by: Deanna Despain, City Clerk Subject: Minutes for Approval

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).

CONTACT PERSON Deanna Despain, City Clerk, 981-6900

Attachments: 1. April 20, 2010–Special City Council Meeting 2. April 20, 2010–Regular City Council Meeting 3. April 27, 2010–Special City Council Meeting 4. April 27, 2010–Regular City Council Meeting 5. April 29, 2010–Special City Council Meeting 6. May 4, 2010–Special City Council Meeting 7. May 4, 2010–Regular Council Meeting

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us/manager Attachment 1

MINUTES SPECIAL MEETING OF THE BERKELEY CITY COUNCIL TUESDAY, APRIL 20, 2010 5:30 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: 5:32 p.m. Present: Councilmembers Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Mayor Bates.

Absent: None.

Public Comment – Items on this agenda only: 11 Speakers.

Public Hearing:

1. 3095 Telegraph Avenue (Continued from March 23, 2010) From: City Manager Recommendation: Conduct and complete a continued public hearing and either: 1 Adopt a Resolution approving Administrative Use Permit (AUP) No. 09- 20000161to establish a commercial laundromat within a mixed-use building comprising five commercial tenant spaces and ten residential condominiums based on findings of non-detriment and subject to conditions; or 2 Adopt a Resolution denying the AUP. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400 Public Testimony: The Mayor continued the public hearing. 11 speakers. M/S/C (Wozniak/Moore) to close the public hearing. M/S/C (Worthington/Moore) to reopen the public hearing to allow Sam Sorokin to speak for 3 minutes. . M/S/C (Worthington/Moore) to close the public hearing. Action: M/S/C (Worthington/Maio) to adopt Resolution No. 64,827–N.S. to deny the Administrative Use Permit as amended to remove the following: “3. As a threshold matter, the applicant, PWS, has stated that it is not in the business of operating laundromats, and intends to sell the laundromat as a “turn-key” operation to an as yet unidentified potential buyer. For this reason, PWS has disclaimed any ability or desire to accept conditions on the operation of the laundromat on behalf of an operator, thus, the Council is in the position of not being able to discuss possible mitigating conditions with an

applicant who is in a position to agree or disagree. While the City has authority to impose appropriate conditions without the consent of an applicant, its consistent practice has been not to do so. Absent some indication that potential mitigating conditions are acceptable, the City’s consistent practice has been either to approve a permit without them or to deny it.” Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

Adjournment: 6: 55 p.m.

This is to certify that the foregoing is a true and correct copy of the minutes of the special meeting of April 20, 2010 as approved by the Berkeley City Council.

______Deanna Despain, CMC, City Clerk

Communications

None

Supplemental Communications and Reports 1

Item 1: 3095 Telegraph Avenue 1. Sam Sorokin 2. Steve Schwartz 3. Jason Meggs

Supplemental Communications and Reports 2

Item 1: 3095 Telegraph Avenue 4. Susan Malone 5. Unknown (2) Attachment 2

MINUTES 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

Preliminary Matters

Roll Call: 7:06 P.M. Present: Councilmembers Anderson, Arreguin, Capitelli, Maio, Moore, Worthington, Wozniak and Mayor Bates.

Absent: Councilmember Wengraf.

Councilmember Wengraf present at 7:08 p.m.

Ceremonial Matters: 1. April 24th As Armenian Genocide Commemoration Day 2. Arbor Day

City Manager Comments: Earth Day celebration on Saturday, April 24, 2010.

Public Comment on Non-Agenda Matters: 2 speakers.

Public Comment on Consent Calendar and Information Items Only:0 speakers.

Consent Calendar Action: M/S/C (Maio/Worthington) to adopt Consent Calendar in one motion except as indicated: Recess Item 1. Recess Item: Contract Amendment: Management Partners for Interim Director of Health Services 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 Consent Calendar

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 Action: Adopted Resolution No. 64,828–N.S.

Consent Calendar

2. Proposed Revisions to Claim/Refund Ordinance, BMC Section 7.20.020 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 Action: Adopted second reading of Ordinance No. 7,132–N.S.

3. Settlement: Doris Girard v. City of Berkeley 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 Action: Adopted Resolution No. 64,829–N.S.

4. Revised 2010 City Council Meeting Schedule 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 Action: Adopted Resolution No. 64,830–N.S.

5. Minutes for Approval 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 Action: Approved minutes as submitted.

Tuesday, April 20, 2010 MINUTES Page 2 Consent Calendar

6. Revision of Stipend Resolution for City Commissioners 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 Action: Adopted Resolution No. 64,831–N.S.

7. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days 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 Action: Approved recommendation.

8. Contract: 2010 Weatherization Program 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 Action: Adopted Resolution No. 64,832–N.S.

9. Contract No. 7008 Amendment: Hanson Bridgett Marcus Vlahos Rudy LLP - Legal Services 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 Action: Adopted Resolution No. 64,833–N.S.

Tuesday, April 20, 2010 MINUTES Page 3 Consent Calendar

10. Unrepresented Employee Manual Amendments 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: Continued to April 27, 2010.

11. Increase Purchase Order for Evidence Testing 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 Action: Adopted Resolution No. 64,834–N.S.

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. 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 Action: Adopted Resolution No. 64,835–N.S.

14. Purchase Order: 3T Equipment Company for One Sewer Camera Truck with Water Jet Trailer 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 Action: Adopted Resolution No. 64,836–N.S.

Tuesday, April 20, 2010 MINUTES Page 4 Consent Calendar

15. Grant: Transportation for Livable Communities Capital Program Grant Application for Downtown Berkeley BART Plaza and Transit Area Improvements 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 Action: Adopted Resolution No. 64,837–N.S.

16. Contract: CF Contracting, Inc., for NBSC Siding Replacement and ADA Improvements Project 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 Action: Adopted Resolution No. 64,838–N.S.

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 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 Action: Adopted Resolution No. 64,839–N.S. and Resolution No. 64,840–N.S.

Tuesday, April 20, 2010 MINUTES Page 5 Consent Calendar

18. Appointment of Joanne Wile to the Mental Health Commission 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 Action: Adopted Resolution No. 64,841–N.S.

19. Additional 2010 Meetings for the Commission on Early Childhood Education 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 Action: Adopted Resolution No. 64,842–N.S.

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 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 Action: Adopted Resolution No. 64,843–N.S. as amended to include Councilmembers Maio, Anderson and Worthington.

21. Strategy for Discouraging Poaching of Recyclables 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 Action: Approved recommendation.

Tuesday, April 20, 2010 MINUTES Page 6 Council Consent Items

22. Improving Diversity in the Berkeley Police and Fire Departments 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 Action: Approved recommendation.

23. Co-Sponsorship of the 23rd Annual Berkeley Juneteenth Festival 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 Action: Adopted Resolution No. 64,844–N.S.

24. Support Strong National Global Warming Legislation 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 Action: Approved recommendation. Letter to Senator Boxer to include language commending the Senator’s past and current work on the legislation.

25. City Sponsorship of the 2010 Himalayan Fair 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 Action: Adopted Resolution No. 64,845–N.S.

26. Oppose Statewide Proposition 17 - Increasing Car Insurance for Not Driving 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 Action: Approved recommendation.

Tuesday, April 20, 2010 MINUTES Page 7 Council Consent Items

27. Oppose Statewide Proposition 14 Which Prevents Political Party Members From Selecting Their Own Candidates for General Elections 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 Action: Approved recommendation.

28. Recognizing 350PPM as the Recommended CO2 Limit 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 Action: Continued to May 18, 2010.

29. City Opposition to PG&E Proposed Rate Increase and Flat Fee 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 Action: Approved recommendation.

30. Support Initiative for California State Parks and Wildlife Programs 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 Action: Approved recommendation.

31. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Janet Jean Motika 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: Adopted Resolution No. 64,846–N.S.

Tuesday, April 20, 2010 MINUTES Page 8

Action Calendar – Presentation 32. 8:00 p.m. Time Certain - Presentation and Discussion: Bus Rapid Transit Locally Preferred Alternative (Continued from March 23, 2010) 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: 52 Speakers. Presentation made and discussion held. Continued discussion and possible action on April 29, 2010 at 7:00 P.M. at Longfellow School. Action Calendar – Public Hearing 33. Agreements, With Other Law Enforcement Agencies, Police Departments or Private Security Organization 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 Public Testimony: The Mayor opened the public hearing.0 speakers. M/S/C (Maio/Moore) to close the public hearing. Action: M/S/C (Worthington/Capitelli) to adopt Resolution No. 64,847–N.S. 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.

Action Calendar – New Business 34. Authorizing the Execution, Sale and Delivery of Certificates of Participation for the Dona Spring Animal Shelter 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 Action: Moved to Consent Calendar. Adopted Resolution No. 64,848–N.S. authorizing the execution, sale and delivery of not to exceed $5,750,000 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. Tuesday, April 20, 2010 MINUTES Page 9 Action Calendar – New Business

35. Contract: Broward Builders, Inc. for Construction of the Dona Spring Animal Shelter and East Touchdown Plaza Project 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 Action: Moved to Consent Calendar. Adopted Resolution No. 64,849–N.S. approving the following:

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.

36. Request for Additional Funding to the Berkeley Needle Exchange Emergency Distribution (NEED) Program a. From: Community Health Commission 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 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

Action: Moved to Consent Calendar. Approved recommendation to weigh the NEED request for additional General Fund support against the many competing budgetary priorities, as part of the FY 2011 budget process. Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates. Noes: Arreguin, Worthington.

Tuesday, April 20, 2010 MINUTES Page 10 Action Calendar – New Business

37. Application for California Strategic Growth Council Urban Greening Program Grant a. From: Councilmembers Arreguin and Worthington 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 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 Action: Removed from the agenda.

Information Reports

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

39. Contract Compliance Audit - Status Report From: City Manager Contact: Robert Hicks, Finance, 981-7300 Action: Received and filed.

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

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

42. Status Report: Follow-up Audit of Public Works Construction Contracts From: City Manager Contact: Claudette Ford, Public Works, 981-6300 Action: Received and filed.

Tuesday, April 20, 2010 MINUTES Page 11 Information Reports

43. UC Berkeley Long Range Development Plan Transportation Demand Management/Pedestrian Funding Agreement From: City Manager Contact: Claudette Ford, Public Works, 981-6300 Action: Continued to May 18, 2010.

44. Recovery Act Readiness: Housing Prepared to Meet Funding Requirements From: Auditor Contact: Ann-Marie Hogan, Auditor, 981-6750 Action: Received and filed. Public Comment – Including Items Not Listed on the Agenda – 0 speakers.

Adjournment: 10:50 in honor of Otis Sangster.

This is to certify that the foregoing is a true and correct copy of the minutes of the regular meeting of April 20, 2010 as approved by the Berkeley City Council.

______Deanna Despain, CMC, City Clerk Communications

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 – Referred to City Manager by Councilmembers Moore and Arreguin. Plastic Bag Ordinance 9. Allison Chan, on behalf of Save the Bay Budget Cuts 10. Lisa Bullwinkel

Tuesday, April 20, 2010 MINUTES Page 12 Communications

Recycling Fee 11. Wendy Alfsen Public Housing Program 12. Unknown

Supplemental Communications and Reports 1

Item 32: Presentation and Discussion: Bus Rapid Transit Locally Preferred Alternative 13. Hank Resnik 14. Lucienne Sanchez-Resnik 15. Corey Ballantyne 16. Jacob Tobias 17. David Vartanoff 18. Robert Johnson 19. Dean Metzger 20. Donald Davenport 21. Judith Epstein 22. Doug Buckwald (3) 23. Karl Reeh, on behalf of the LeConte Neighborhood Association

Supplemental Communications and Reports 2

Item 22: Improving Diversity in the Berkeley Police and Fire Departments 24. Unknown Item 32: Presentation and Discussion: Bus Rapid Transit Locally Preferred Alternative  Presentation, submitted by Planning & Development / Public Works (see agenda item) 25. Peter Guerrero 26. Goldburn Maynard 27. Teddy Fuss 28. Jesus Nieto-Ruiz 29. Roy Nakadegawa 30. Vincent Casalaina 31. Michael Katz 32. Doug Buckwald 33. David Williamson 34. Sherwood Parker Item 34: Authorizing the Execution, Sale and Delivery of Certificates of Participation for the Dona Spring Animal Shelter  Revised materials, submitted by Finance Department (see agenda item)

Tuesday, April 20, 2010 MINUTES Page 13 Attachment 3

MINUTES BERKELEY CITY COUNCIL SPECIAL MEETING TUESDAY, APRIL 27, 2010 6:00 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: 6:03 P.M.

Present: Councilmembers Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Mayor Bates.

Absent: Councilmembers Anderson and Arreguin.

Public Comment – Items on this agenda only: 0 speakers.

Worksession:

1. Proposed Alameda County Transportation Commission (ACTC) Joint Powers Agreement; Update on the Countywide Transportation Plan, Funding Strategies and Opportunities From: City Manager Recommendation: Presentation and Discussion - Representatives of the Alameda County Congestion Management Agency (ACCMA) and the Alameda County Transportation Improvement Authority (ACTIA) will discuss 1 A proposal for a new Alameda County Transportation Commission (ACTC) Joint Powers Agreement; and 2 An update on the development of the Countywide Transportation Plan, funding strategies and opportunities. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300 Action: Presentation made and discussion held.

Adjournment: 6:33 p.m.

This is to certify that the foregoing is a true and correct copy of the minutes of the special meeting of April 27, 2010 as approved by the Berkeley City Council.

______Deanna Despain, CMC, City Clerk

Communications None

Supplemental Communications and Reports 1

 Presentation and supplemental materials, submitted by Public Works (see agenda item) Attachment 4

MINUTES BERKELEY CITY COUNCIL MEETING TUESDAY, APRIL 27, 2010 7:00 P.M. COUNCIL CHAMBERS - 2134 MARTIN LUTHER KING JR. WAY

Preliminary Matters

Roll Call: 7:03 p.m. Present: Councilmembers Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Mayor Bates.

Absent: Councilmember Anderson.

Ceremonial Matters: 1. Honoring the winners of the Annual Summer Brochure Art Contest.

City Manager Comments: Census update.

Public Comment on Non-Agenda Matters: 1 speaker. Public Comment on Consent Calendar and Information Items Only: 5 speakers.

Action: M/S/C (Worthington/Capitelli) to adopt Consent Calendar in one motion except as indicated:

Consent Calendar 1. Repeal of Semi-Automatic Weapons Ordinance, BMC Chapter 13.74 From: City Manager Recommendation: Adopt first reading of an Ordinance repealing Berkeley Municipal Code Chapter 13.74 entitled Ban on Sale and Possession of Semi- Automatic Weapons. First Reading Vote: Financial Implications: See report Contact: Zach Cowan, City Attorney, 981-6950 Action: Adopted first reading of Ordinance No. 7, 133–N.S. Second reading scheduled for May 4, 2010.

Tuesday, April 27, 2010 MINUTES Page 1 Consent Calendar

2. Amendment: FY 2010 Annual Appropriations Ordinance From: City Manager Recommendation: Adopt first reading of an Ordinance amending the FY 2010 Annual Appropriations Ordinance No. 7,123-N.S. for fiscal year 2010 based upon other adjustments in the amount of $7,685,216 (gross) and $7,365,697 (net). Financial Implications: See report First Reading Vote: Contact: Tracy Vesely, Budget Manager, 981-7000 Action: Adopted first reading of Ordinance No. 7, 134–N.S. Second reading scheduled for May 4, 2010.

3. **Item removed by City Manager**Contract No. 8129 Amendment: Berkeley Humane Society - Animal Care Services 4. Contract No. 8731A Amendment: Extend the Sewer Service Billing and Collection Agreement with East Bay Municipal Utilities District (EBMUD) an Additional Three Years From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8731A with the East Bay Municipal Utility District (EBMUD) extending the sewer service billing and collection agreement for an additional 3-year term, expiring June 30, 2013 and an amount not to exceed $1,250,000 for the 3-year extension period. Financial Implications: See report Contact: Robert Hicks, Finance, 981-7300 Action: Adopted Resolution No. 64,850–N.S.

5. Supplemental Military Leave Compensation Policy From: City Manager Recommendation: Amend Resolution No. 63,646-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2011 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months. Financial Implications: General Fund - $90,000 Contact: David Hodgkins, Human Resources, 981-6800 Action: Adopted Resolution No. 64,851–N.S.

6. Contract No. 7650 Amendment: Delta Charter Service to Echo Lake Camp and Teen Program Bus Field Trips From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7650 with Delta Charter Service, Inc. to provide bus transportation for Echo Lake and Teen Program participants by increasing the amount by $24,000 for a total not-to-exceed amount of $98,850 for the period ending June 30, 2011. Financial Implications: See report Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700 Action: Adopted Resolution No. 64,852–N.S.

Tuesday, April 27, 2010 MINUTES Page 2 Consent Calendar

7. Grant Application: California Department of Boating and Waterways Abandoned Watercraft Abatement Fund From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the California Department of Boating and Waterways in an amount not to exceed $25,000 in Fiscal Year 2011 for the removal and disposal of abandoned watercraft; to accept the grant and execute any resultant revenue agreements and amendments; and authorizing the implementation of projects and appropriation of funding for related expenses, subject to securing the grant. Financial Implications: Revenue - Abandoned Watercraft Abatement Fund - $25,000 Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700 Action: Adopted Resolution No. 64,853–N.S.

8. Findings Necessary to Authorize Expenditure of Redevelopment Agency Funds to Implement West Berkeley Circulation Improvement Projects Outside of the Project Area From: City Manager Recommendation: Adopt a Resolution making the required findings to authorize expenditure of Agency funds to construct West Berkeley Circulation Improvement Projects outside of the West Berkeley Project Area. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400 Action: Adopted Resolution No. 64,854–N.S.

9. Final Map of Tract 8026: 1950 Martin Luther King Jr. Way From: City Manager Recommendation: Adopt a Resolution approving the final map of Tract Map 8026, a 152-unit condominium project, with 148 residential units and 4 commercial units, located at 1950 Martin Luther King Jr. Way. Financial Implications: None Contact: Claudette Ford, Public Works, 981-6300 Action: Adopted Resolution No. 64,855–N.S.

10. Grant: Proposition 84 Berkeley Green Right-of-Way Planning Application From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the State of California Strategic Growth Council in the amount of $247,500 to develop a guidebook, associated standard details, and policies to promote “green” design and implementation of sustainable projects within the City right-of-way; accept the grant and execute any resultant agreements and amendments. This effort will be called the Berkeley Green Right-of-Way Plan or “B- GROW”. Financial Implications: Grant - $247,500 Contact: Claudette Ford, Public Works, 981-6300 Action: Adopted Resolution No. 64,856–N.S.

Tuesday, April 27, 2010 MINUTES Page 3 Consent Calendar

11. Contract No. 8215 Amendment: R. E. Builders, Inc., for 830 University Ave – CDBG Renovation Project From: City Manager Recommendation: Adopt a Resolution amending Contract No. 8215 with R.E. West Builders, Inc. for the 830 University Ave – Community Development Block Grant (CDBG) Renovation Project, increasing the amount by $151,000, for a total amount not to exceed $1,078,600. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300 Action: Adopted Resolution No. 64,857–N.S.

12. Statewide Cuts to Education and Workforce Impacts From: Commission on Labor Recommendation: Adopt a Resolution supporting and advocating for solutions- based legislation and initiatives to adequately fund and support public services, including but not limited to higher education (CA Democracy Act & Assembly Bill 556), and that Council will formally reach out to other jurisdictions and/or city councils in California via letter, in which universities and community colleges are located, to urge them to adopt similar actions. Financial Implications: See report Contact: Delfina M. Geiken, Commission Secretary, 981-7551 Action: Adopted Resolution No. 64,858–N.S.

13. Reclaiming Democracy and Opposition to Corporate "Rights" From: Peace and Justice Commission Recommendation: Adopt a Resolution opposing "corporate rights" that extend first amendment protections to corporate campaign spending and supporting House Joint Resolution 74 - an amendment to the United States Constitution reversing the January 21, 2010 decision of the U.S. Supreme Court in Citizens United v. the Federal Election Commission. Financial Implications: None Contact: Eric Brenman, Commission Secretary, 981-5100 Action: Adopted Resolution No. 64,859–N.S.

Council Consent Items 14. Berkeley Art Center Directional Signs From: Councilmember Capitelli Recommendation: Authorize the purchase and installation of three directional signs to the Berkeley Art Center. Two signs will point west down the Berryman Path on Oxford Street, one each for west-bound and east-bound traffic. The third sign will be on east bound Eunice west of the road split at Walnut Street. The signs will be consistent with the existing sign on Rose Street at Walnut. Financial Implications: Unknown Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 Action: Approved recommendation.

Tuesday, April 27, 2010 MINUTES Page 4 Council Consent Items

15. Recognition of the Prime Minister of Tibet's Visitation of Berkeley From: Councilmember Worthington Recommendation: City co-sponsorship of the events on May 25th recognizing the local presence of the Honorable Prime Minister Professor Samdhong Rinpoche and Mr. Penpa Tsering, Speaker of the Tibetan Parliament in Dharamsala, India. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Approved recommendation.

16. Support Assembly Bill 656: Fair Share for Fair Tuition From: Councilmember Worthington Recommendation: Send a letter in support of AB 656 to Senator Loni Hancock and Assembly member Nancy Skinner. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Approved recommendation.

Action Calendar - Appeals

17. ZAB Appeal: 2707 Rose Street, Use Permit No. 09-10000038 From: City Manager Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 09-10000038 to demolish the existing two-story, 2,477 square foot, single-family dwelling, a detached one-car garage, and two one-car carports to facilitate the construction of a two-story, 6,478 square foot, single-family dwelling with a 3,394 square foot, 10-car garage, on a 29,714 square foot parcel in the Single Family Residential District - Hillside Overlay. Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400 b. Communications

1. Frederick Wyle 2. Frederick Wyle 3. Judy Tart 4. Charles T. Tart 5. Neighbors Immediately Adjacent to 2707 Rose St. 6. Robert & Gertrude Allen 7. Brenda Webster 8. Daniella Thompson 9. James S. Baum 10. Jana Olson & Roger Carr 11. Tina & Dennis Etcheverry 12. Thomas Laqueur & Carla Hesse 13. Ernst Valfer 14. Paul & Susan Grossberg 15. Annette LaRue 16. O’Neil & Marcia Dillon 17. Susie Schevill 18. Elaine Chan

Tuesday, April 27, 2010 MINUTES Page 5 Action Calendar - Appeals

19. Darlene Dami 20. Louise Brown 21. Ron & Louise Brown 22. Dick Norgaard 23. Robert & Michaela Grudin 24. Jana Olsen 25. Andrew Baker 26. Paul Newacheck 27. John McArthur 28. Sharon Smith 29. Paul Schwartz 30. Robert & Michaela Grudin 31. Dan Funk 32. Eileen Adams 33. Lucinda Olney 34. Phyllis Freund Ritvo 35. Ann Flandreau Hughes 36. Louise Brown 37. Bull Henrik, FAIA 38. Barbara C. Imbrie 39. Doug Fontaine 40. Beverly Cheney & Avrum V. Gratch 41. Bronwyn Hall 42. John Blankenship 43. Stephen Twigg 44. Judy & Bill Fujimoto 45. Elise White 46. Bob B. Buchanan 47. Susan Cerney 48. Jay Claiborne – LPC 49. Eric O. Johannesson and Madelyn S. (Suzy) Johannesson 50. Norah Brower 51. Susan Brandt-Hawley 52. Linda C. Nelson 53. Tara Stauduhar 54. Lorna Patton Brown & Alan G. Shriro 55. Sandy Bails 56. Harry D. Weininger 57. Marcy McGaugh 58. Patricia Bordonaro & Jurdy Hughes 59. Martine Kraus 60. John S. English 61. Jean Weininger 62. John & Manjari Ohala 63. Cindy Looy & Ivo Duijnstee 64. Charlene M. Woodcock 65. David & Valerie Allswang 66. Marcy Wong Donn Logan Architects 67. Jane Edginton 68. Henry Lerner & JoAnne L. Lerner 69. Mildred M. Henry 70. Ira Lapidus 71. Gary Earl Parsons 72. Paul & Susan Opsvig 73. Susan Nunes Fadley – Addendum to Appeal Action: M/S/C (Capitelli/Maio) to adopt Resolution No. 64,860–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 09-

Tuesday, April 27, 2010 MINUTES Page 6 Action Calendar - Appeals

10000038 to demolish the existing two-story, 2,477 square foot, single-family dwelling, a detached one-car garage, and two one-car carports to facilitate the construction of a two-story, 6,478 square foot, single-family dwelling with a 3,394 square foot, 10-car garage, on a 29,714 square foot parcel in the Single Family Residential District - Hillside Overlay. Vote: Ayes: Maio, Moore, Capitelli, Wengraf, Wozniak, Bates. Noes: Arreguin, Worthington. Absent: Anderson.

Action Calendar – Public Hearing 18. Allocation of Funds for the Federal Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME, and Submission of the July 2010 - June 2015 Consolidated Plan including the FY2011 Annual Action Plan From: City Manager Recommendation: Conduct a public hearing on April 27, 2010 and upon conclusion, adopt a Resolution: 1) Adopting recommendations for funding under the FY 2011 CDBG, and ESG programs (see Attachment 1, Exhibit A); 2) Authorizing the execution of resultant agreements and amendments for the FY 2011 CDBG, and ESG funds; 3) Allocating 90% of the FY 2011 HOME funds to the Housing Trust Fund (HTF) and allocating 10% of the HOME funds for program delivery; and 4) Authorizing the City Manager to submit the July 2010 – June 2015 City of Berkeley Consolidated Plan for Housing and Community Development, which includes the FY2011 Annual Action Plan, to the U.S. Department of Housing and Urban Development (HUD), and to enter into any resulting agreements with HUD to accept the funds. Financial Implications: See report Contact: Jane Micallef, Housing and Community Services, 981-5400 Public Testimony: The Mayor opened the public hearing. 0 speakers. M/S/C (Maio/Moore) to close the public hearing. Action: M/S/C (Moore/Maio) to adopt Resolution No. 64,861–N.S. adopting the following: 1) Adopting recommendations for funding under the FY 2011 CDBG, and ESG programs (see Attachment 1, Exhibit A); 2) Authorizing the execution of resultant agreements and amendments for the FY 2011 CDBG, and ESG funds; 3) Allocating 90% of the FY 2011 HOME funds to the Housing Trust Fund (HTF) and allocating 10% of the HOME funds for program delivery; and 4) Authorizing the City Manager to submit the July 2010 – June 2015 City of Berkeley Consolidated Plan for Housing and Community Development, which includes the FY2011 Annual Action Plan, to the U.S. Department of Housing and Urban Development (HUD), and to enter into any resulting agreements with HUD to accept the funds. Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates. Absent: Anderson.

Tuesday, April 27, 2010 MINUTES Page 7 Action Calendar – Council Items 19. Adopt a Resolution Supporting Berkeley Fair Trade From: Councilmember Worthington Recommendation: Adopt a Resolution supporting a Fair Trade Policy in Berkeley. Financial Implications: Unknown Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: 2 speakers. Continued to June 1, 2010.

Action Calendar – Old Business 20. Panoramic Hill (ESR) Zoning Ordinance Revision (Continued from January 27, 2010) From: City Manager Recommendation: Adopt first reading of proposed amendments to the ESR District Ordinance (Panoramic Hill) as recommended by the Planning Commission. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400 Action: Moved to Consent Calendar. Adopted first reading of Ordinance No. 7,135– N.S., proposed amendments to the ESR District Ordinance (Panoramic Hill) as recommended by the Planning Commission. Second reading scheduled for May 4, 2010. 21. **Removed from agenda and continued to May 4, 2010 by City Manager**Unrepresented Employee Manual Amendments (Continued from April 20, 2010)

Information Reports

22. Web Based Mail Preference Registry From: City Manager Contact: Donna LaSala, Information Technology, 981-6525 Action: Continued to May 4, 2010 Action Calendar.

23. Status Report: Utilization of Public Works Sewer Staff Can Be Improved From: City Manager Contact: Claudette Ford, Public Works, 981-6300 Action: Received and filed

Public Comment – Including Items Not Listed on the Agenda –0 speakers.

Adjournment: 9:40 p.m. in honor of Dorothy Height.

This is to certify that the foregoing is a true and correct copy of the minutes of the regular meeting of April 27, 2010 as approved by the Berkeley City Council.

______Deanna Despain, CMC, City Clerk

Tuesday, April 27, 2010 MINUTES Page 8

Communications Item 8: Findings Necessary to Authorize Expenditure of Redevelopment Agency Funds to Implement West Berkeley Circulation Improvement Projects Outside of the Project Area 1. Dennis Markham, on behalf of the West Berkeley Project Area Committee Item 12: Reclaiming Democracy and Opposition to Corporate "Rights" 2. Estelle Jelinek 3. T.M. Scruggs 4. Susan Temere 5. John Fasolas 6. James Allison 7. Pamela Bennett Proposals for Parking Changes 8. Rob Browning Health and Wellness Clinic 9. Anthony Galante

Supplemental Communications and Reports 1

Item 13: Reclaiming Democracy and Opposition to Corporate "Rights" 10. Marge Turngren 11. R. Jeffrey Lustig 12. Taylor Kirsch 13. Rachel Resnikoff 14. Carolyn Scarr 15. Susan Schaller 16. Margot Smith 17. Cynthia Johnson 18. Phoebe Sorgen Item 17: ZAB Appeal: 2707 Rose Street, Use Permit No. 09-10000038 19. Peter Beaudry 20. Stephanie & Herman Lim 21. Larry Farb and Laura Katz 22. Debora Ramirez 23. Eleanor & William Bade 24. Ann McIntire 25. Jill Tarter and Jack Welch 26. Eleanore Lee 27. Victor Haydel 28. Robert Sinai 29. Betty Olds 30. Donald Glaser 31. Rena Rickles Item 20: Panoramic Hill (ESR) Zoning Ordinance Revision 32. Blanche Sack 33. Nigel Guest

Tuesday, April 27, 2010 MINUTES Page 9

Supplemental Communications and Reports 2

Item 13: Reclaiming Democracy and Opposition to Corporate "Rights" 34. Deborah Mann Item 17: ZAB Appeal: 2707 Rose Street, Use Permit No. 09-10000038  Supplemental materials, submitted by Planning & Development (see agenda item) 35. Susan Nunes Fadley (2) 36. Jana Olson and Roger Carr 37. Daniella Thompson 38. Frederick Wyle 39. Rena Rickles 40. Unknown (Oversized documents available for viewing in the City Clerk’s Office) Item 18: Allocation of Funds for the Federal Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME, and Submission of the July 2010 - June 2015 Consolidated Plan including the FY2011 Annual Action Plan  Presentation and supplemental materials, submitted by Housing & Community Services (see agenda item) Item 19: Adopt a Resolution Supporting Berkeley Fair Trade 41. Carolyn Gravely 42. William Linstead Goldsmith 43. Lauren Van Ham 44. Unknown Item 20: Panoramic Hill (ESR) Zoning Ordinance Revision 45. Michael Kelly, on behalf of the Panoramic Hill Association

Tuesday, April 27, 2010 MINUTES Page 10 Attachment 5

MINUTES BERKELEY CITY COUNCIL SPECIAL MEETING THURSDAY, APRIL 29, 2010 7:00 P.M. Longfellow Middle School - 1500 Derby Street (at Sacramento) Berkeley, CA 94703

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: 7:04 P.M.

Present: Councilmembers Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Mayor Bates.

Absent: Councilmembers Anderson.

Public Comment – Items on this agenda only – 101 speakers.

Action Calendar:

1. Bus Rapid Transit Build Alternative From: City Manager Recommendation: Adopt a Resolution forwarding a build alternative to AC Transit for study in its FEIS/R. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400 Action: M/S/C (Moore/Capitelli) to direct AC transit to consider the following local preferred build alternative for study in its Final Environmental Impact Study/Report. Alternative B – Reduced Impact proposal (including Rapid Bus Plus) revised to reflect the following:  Shattuck Square (east side of triangle) will have no bus service, and will be calmed, to two lanes northbound for parking, loading and increased pedestrian space. Right turns only from Shattuck Square to Addison or University. and to include the following additional features:  NextBus (realtime) schedule signage  Standardization proof of payment system  Security features  Minimize parking loss  Priority signalization  Northbound BRT termination near Hearst Street and Oxford Street or Berkeley Way and Oxford Street. Also to be included if technically or financially feasible:  Elevated , near-level and/or level boarding platforms  Far side bus stations combined with queue jump lanes when needed. Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates. Absent: Anderson. Action: M/S/C (Wozniak/Moore) to suspend the rules of procedure and extend the meeting to 11:30 p.m.

Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates. Absent: Anderson.

Adjournment: 11:14 p.m.

This is to certify that the foregoing is a true and correct copy of the minutes of the special meeting of April 29, 2010 as approved by the Berkeley City Council.

______Deanna Despain, CMC, City Clerk

Communications None

Supplemental Communications and Reports 1

Item 1: Bus Rapid Transit Build Alternative  Supplemental materials, submitted by Planning & Development (see agenda item) 1. Ignacio Dayrit (2) 2. Gordon Wozniak, District 8 (3) 3. Jonathan Evans 4. Alan Tobey 5. Wei-Ling Huber, on behalf of UNITE HERE Local 2850 6. Doug Buckwald (8) 7. Shirley Dean 8. Barbara Gilbert 9. Amrita Singhal 10. Joseph Stubbs 11. Mim Hawley 12. Roy Nakadegawa 13. Stuart Flashman 14. Brit Harvey 15. Joel Ramos 16. Kent Lewandowski 17. Steve Schwartz 18. Charles Siegel, on behalf of Friends of Bus Rapid Transit (FBRT) 19. Steven Keller 20. Emunah Hauser 21. Michael Katz (2) 22. Phil Morton 23. “Yes! Let’s Study BRT!” (7 form letters on file) 24. Tom Bates, Mayor; Linda Maio, District 1; and Laurie Capitelli, District 5

Supplemental Communications and Reports 2

Item 1: Bus Rapid Transit Build Alternative 25. Unknown 26. Russell Andavall 27. Anna Field (2) 28. Kathryn Hetzner 29. Margaret Diamond 30. Peter Allen 31. Diana Dorinson 32. Marcy Greenhut

Attachment 6

MINUTES

BERKELEY CITY COUNCIL SPECIAL MEETING TUESDAY, MAY 4, 2010 5:30 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: 5:38 P.M.

Present: Councilmembers Anderson, Capitelli, Maio, Moore, Wengraf, Wozniak and Mayor Bates.

Absent: Councilmembers Arreguin and Worthington.

Councilmember Anderson present at 5:47 p.m. Councilmember Worthington present at 6:28 p.m.

Public Comment – Items on this agenda only: 25 speakers.

Worksession:

1. Proposed FY 2011 Budget From: City Manager Contact: Tracy Vesely, Budget Manager, 981-7000 Action: Presentation made and discussion held.

Adjournment: 7:16 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the special meeting of May 4, 2010 as approved by the Berkeley City Council.

______Deanna Despain, CMC, City Clerk

Communications

None

Supplemental Communications and Reports 1

Item 1: Proposed FY 2011 Budget 1. Suzanne Tan, on behalf of Berkeley Cultural Trust (BCT) 2. Winston Burton (117 petition pages on file in the City Clerk’s Office)

Supplemental Communications and Reports 2 Item 1: Proposed FY 2011 Budget 3. David Tam, on behalf of the Zero Waste Commission

Attachment 7 MINUTES BERKELEY CITY COUNCIL MEETING TUESDAY, MAY 4, 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

Preliminary Matters

Roll Call: 7:34 P.M. Present: Councilmembers Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Mayor Bates.

Absent: None.

Ceremonial Matters: 1. K to College 2. Delta Upsilon and Cal Greeks 3. Berkeley High School Jazz Program Day is May 16th 4. Affordable Housing Week – East Bay Housing Organization 5. Tobacco Prevention Program - Lee’s Market 6. Tobacco Prevention Program – Marina Liquors 7. Tobacco Prevention Program - Johnson’s Market

City Manager Comments: 1. May 8th – Bike Rodeo at San Pablo Park

Public Comment on Non-Agenda Matters: 1 speaker.

Public Comment on Consent Calendar and Information Items Only: 1 speaker. Consent Calendar Action: M/S/C (Arreguin/Moore) to adopt Consent Calendar in one motion except as indicated: 1. Repeal of Semi-Automatic Weapons Ordinance, BMC Chapter 13.74 From: City Manager Recommendation: Adopt second reading of Ordinance No. 7,133-N.S. repealing Berkeley Municipal Code Chapter 13.74 entitled Ban on Sale and Possession of Semi-Automatic Weapons. Consent Calendar

Financial Implications: See report First Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates. Absent: Anderson. Contact: Zach Cowan, City Attorney, 981-6950 Action: Adopted second reading of Ordinance No. 7,133–N.S.

2. Amendment: FY 2010 Annual Appropriations Ordinance From: City Manager Recommendation: Adopt second reading of Ordinance No. 7,134-N.S. amending the FY 2010 Annual Appropriations Ordinance No. 7,123-N.S. for fiscal year 2010 based upon other adjustments in the amount of $7,685,216 (gross) and $7,365,697 (net). Financial Implications: See report First Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates. Absent: Anderson. Contact: Tracy Vesely, Budget Manager, 981-7000 Action: Adopted second reading of Ordinance No. 7,134–N.S.

3. Panoramic Hill (ESR) Zoning Ordinance Revision From: City Manager Recommendation: Adopt second reading of Ordinance No. 7,135–N.S proposed amendments to the ESR District Ordinance (Panoramic Hill) as recommended by the Planning Commission. Financial Implications: See report First Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates. Absent: Anderson. Contact: Dan Marks, Planning and Development, 981-7400 Action: 2 speakers. Moved to Action Calendar. M/S/C (Wozniak/Moore) to adopt second reading of Ordinance No. 7,135–N.S. and refer the definition of “bedroom” in the ordinance to the Planning Commission for further review. Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Wozniak, Bates. Noes: Capitelli. Abstain: Worthington.

4. **Item Removed by City Manager**Minutes for Approval From: City Manager Contact: Deanna Despain, City Clerk, 981-6900

5. Contract No. 8129 Amendment: Berkeley Humane Society – Animal Care Services From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Berkeley Humane Society’s current Contract No. 8129, by increasing the contract amount by $250,001 to an amount not to exceed $300,000 to provide veterinary services for Berkeley Animal Care Services (BACS) and to extend the contract through June 30, 2012. The current contract is for the term of July 1, 2009 thru June 30, 2010 in the amount of $49,999. Financial Implications: Various Funds - $300,000 Contact: Kate O’Connor, City Manager’s Office, 981-7000 Action: Adopted Resolution No. 64,862–N.S.

Tuesday May 4, 2010 MINUTES Page 2 Consent Calendar

6. Grant Award: American Recovery and Reinvestment Act – Alameda County Hire Summer Youth Employment Program From: City Manager Recommendation: Adopt a Resolution: 1 Authorizing the City Manager to accept a one-time, non-competitive grant from the Alameda County Workforce Investment Board on behalf of the Alameda County Social Service Agency, in the amount of $263,016, to implement the American Recovery and Reinvestment Act/Alameda County Summer Youth Employment Program for the period May 1, 2010 to September 30, 2010, and; 2 Execute the resultant revenue agreements, contracts and any amendments and extensions, and; 3 Authorize implementation of the program and appropriation of funding for related expenses, including a subcontract with Emery Unified School District for the provision of summer youth employment services to Emeryville youth, subject to final approval by the Alameda County Board of Supervisors. Financial Implications: See report Contact: Jane Micallef, Housing, 981-5400 Action: Adopted Resolution No. 64,863–N.S.

7. Classification and Salary: Manager, Family Health and Nursing Services From: City Manager Recommendation: Adopt a Resolution to amend Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One, to Revise and Re-title the Manager of Health Promotion Classification to Manager, Family Health and Nursing Services, and reduce the monthly salary to $8,794 - $10,689 effective May 16, 2010. Financial Implications: See report Contact: David Hodgkins, Human Resources, 981-6800 Action: Adopted Resolution No. 64,864–N.S.

8. Contract No 7562 Amendment: Consolidated Data Management System From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7562 with Decade Software Company for software licensing and hosting services, software maintenance and support, and other related services, increasing the original amount by $68,149 for a total contract amount not to exceed $138,149 and extending the term to June 30, 2011. Financial Implications: See report Contact: Donna LaSala, Information Technology, 981-6500 Action: Adopted Resolution No. 64,865–N.S.

Tuesday May 4, 2010 MINUTES Page 3 Consent Calendar

9. Contract No. 8201 Amendment: Kaufman Construction, Inc. for the Shorebird Nature Center Building Renovations From: City Manager Recommendation: Adopt a Resolution amending contract no. 8201 with Kaufman Construction, Inc. (KCI) increasing the current contract amount of $629,602 by $59,882 (which includes a 5.2% contingency), for a total not-to-exceed contract amount of $689,484; and extending the period of the contract from the original completion date, May 14, 2010 to June 30, 2010 Financial Implications: See report Contact: William Rogers, Park, Recreation and Waterfront, 981-6700 Action: Adopted Resolution No. 64,866–N.S.

10. **Removed from Agenda by City Manager**Contract No. 6397A Amendment: Enforcement Technology, Inc. - Handheld Parking Citation Services 11. 9th Street Bicycle Boulevard Extension Regional Bicycle Program Grant Application From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Alameda County Congestion Management Agency Regional Bicycle Program Block Grant program to complete design and construction of the 9th Street Bicycle Boulevard Extension project in the amount of $502,000; and accept the grants awarded, and execute any resultant agreements and amendments. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300 Action: Adopted Resolution No. 64,867–N.S. 12. Formal Bid Solicitation and Request for Proposal for Consultant Services for Assessment of Solid Waste From: City Manager Recommendation: Approve the request for proposal to be issued upon final approval by the Public Works Department. The contract is expected to be over the City Manager’s approval threshold for services and therefore will be returned to Council for final approval. Financial Implications: Refuse Fund - $75,000 Contact: Claudette Ford, Public Works, 981-6300 Action: Approved recommendation as revised to direct the City Manager to include a representative from the Zero Waste Commission and a union representative on consultant selection panel. 13. Contract: Grover Landscape Services, Inc., for Hauling and Processing of Compostable Materials From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Grover Landscape Services, Inc. for hauling and processing the City's compostable materials, in an amount not to exceed $3,410,950 for the period August 1, 2010 to July 31, 2013,with an option for two, two-year extensions. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300 Action: Adopted Resolution No. 64,868–N.S.

Tuesday May 4, 2010 MINUTES Page 4

Council Consent Items 14. Telegraph Avenue Commercial District Zoning Adjustments From: Mayor Bates and Councilmembers Capitelli, Worthington and Wozniak Recommendation: Request the City Manager direct staff to 1. Analyze and work with relevant commissions on proposed adjustments in current C-T (Telegraph Avenue - Commercial) zoning that would permit business hours of operation to extend, by right with a zoning certificate, to 3 a.m. Sunday through Saturday; 2. Implement a six (6) month trial project to revert the yellow zone parking regulations in CT zone on Telegraph Avenue between Bancroft and Dwight Ways to mirror the rest of the City’s yellow zones (unregulated after 6:00 p.m.); and 3. Return to Council no later than October 12, 2010 with recommendations for Council action. Financial Implications: Unknown Contact: Tom Bates, Mayor, 981-7100 Action: Approved recommendation.

15. City Sponsorship of the 36th Annual Solano Stroll From: Councilmember Capitelli Recommendation: Co-sponsor the 2010 Solano Stroll to be held on Solano Avenue on Sunday, September 12, 2010; that the Council 1 Give permission for use of the name of the City of Berkeley and the City's logo in media coverage of the Solano Avenue Stroll (this includes print, internet, radio and television media); and 2 Provide services from Police, Transportation and Public Works departments as have been provided in the past. Financial Implications: See report Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 Action: Adopted Resolution No. 64,869–N.S.

16. Berkeley Large Home Family Daycare: Analysis of Required Fees, Fines and Creation of an Amnesty Period From: Councilmembers Capitelli and Maio and Mayor Bates Recommendation: Direct the City Manager to review the situation with large, in- home family daycares where providers have not obtained a Berkeley business license, paid Berkeley business fees, or do not have an appropriate use permit for their business size and location. Upon completion of that review: 1 Develop a ninety-day amnesty program during which large family daycare providers who have not yet obtained a business license would be invited to come forward and register their business without being subject to penalties. 2 For the same group, develop a payment plan, upon request, to pay business fees due since 2007 (3 years of license fees before the current year.). 3 Return to Council with both the recommendation and an overview of the current use permit requirements for large family daycare operations for Council discussion. Financial Implications: Unknown Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 Action: Continued to May 18, 2010.

Tuesday, May 4, 2010 MINUTES Page 5 Council Consent Items

17. Relinquishment of Council Office Budget Funds to General Fund and Grant of Funds for Support of the Berkeley Symphony From: Councilmember Wengraf Recommendation: Adopt a Resolution authorizing the transfer of funds of up to $300 from Councilmember Wengraf’s office budget account to the City to be used for a grant to the Berkeley Symphony to support its 2010 Gala on April 30th and Music in the Schools Program. Financial Implications: Councilmember's Discretionary Fund - $300 Contact: Susan Wengraf, Councilmember, District 6, 981-7160 Action: Adopted Resolution No. 64,870–N.S.

18. Relinquishment of Council Office Budget Funds to General Fund and Grant of Funds for Support of the Berkeley Public Education Foundation From: Councilmember Wengraf Recommendation: Adopt a Resolution to authorize the transfer of funds of up to $75 from Councilmember Wengraf's office budget account to the City to be used for a grant to the Berkeley Public Education Foundation to support its Spring Luncheon. Financial Implications: Councilmember's Discretionary Fund - $75 Contact: Susan Wengraf, Councilmember, District 6, 981-7160 Action: Adopted Resolution No. 64,871–N.S. revised to include Councilmembers Moore and Anderson and Mayor Bates.

19. Support ACLU Concerns About Punitive Interpretations of UC Student Conduct Code From: Councilmember Worthington Recommendation: Send a letter to the UC Berkeley Chancellor supporting the ACLU’s concerns about punitive interpretations of the UC Student Conduct Code. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Moved to Action Calendar. 4 speakers. M/S/C (Wozniak/Capitelli) to delegate Councilmembers Worthington and Wozniak and Mayor Bates to concur upon new language for a substitute letter to be sent on behalf of the Council as a whole.

Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates. Abstain: Anderson.

20. No on Valero Initiative "Dirty Energy Proposition" From: Councilmember Worthington Recommendation: Oppose the California proposition that suspends air pollution control laws until unemployment drops to 5.5 percent or less for four consecutive years. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Approved recommendation.

Tuesday May 4, 2010 MINUTES Page 6 Council Consent Items

21. Proclamation in Honor of Jack Foley From: Councilmember Worthington Recommendation: Adopt a proclamation honoring Jack Foley to be presented at the 8th Annual Berkeley Poetry Festival on June 5, 2010. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Approved recommendation.

Action Calendar – Old Business

22. Unrepresented Employee Manual Amendments (Continued from April 20, 2010) 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: Moved to May 18, 2010.

23. Web Based Mail Preference Registry (Continued from April 27, 2010) From: City Manager Recommendation: Refer the cost of establishing a Catalog Choice website for Berkeley residents to the FY 2011 Budget process. Financial Implications: See report Contact: Donna LaSala, Information Technology, 981-6525 Action: Moved to Consent Calendar. Approved the City Manager’s recommendation to refer the cost of establishing a Catalog Choice website for Berkeley residents to the FY 2011 Budget process.

Action Calendar – New Business

24. Amendments to Medical Cannabis Regulations, BMC Chapter 12.26 a. From: Medical Cannabis Commission Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 12.26 to clarify the difference between a Medical Cannabis Collective and a Medical Cannabis Dispensary and clarify the Three-Dispensary Cap Rule. Financial Implications: None Contact: Wendy Cosin, Commission Secretary, Planning and Development, 981- 7400.

Tuesday May 4, 2010 MINUTES Page 7 Action Calendar – New Business

b. From: City Manager Recommendation: Adopt first reading of an ordinance proposed by staff (Attachment A) amending BMC Chapter 12.26 (regulating medical marijuana). The Medical Cannabis Commission (MCC) is also proposing amendments to BMC Chapter 12.26 (see companion report), however, staff does not recommend that the Council adopt those amendments, Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400 Speakers: 12 Action: M/S/C (Capitelli/Moore) to establish a subcommittee including Mayor Bates and Councilmembers Maio, Moore and Anderson (substitute Capitelli to meet with stakeholders. Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

25. Ballot Measure: Amending Business License Tax Ordinance to Tax Certain Medical Cannabis Uses From: City Manager Recommendation: Approve language for a ballot measure for November 2010 to amend the Business License Tax Ordinance to tax certain medical cannabis uses. Financial Implications: See report Contact: Zach Cowan, City Attorney, 981-6950 Speakers: 6 Action: M/S/C (Maio/Worthington) to refer the City Manager’s recommendation to the newly formed City Council Medical Cannabis subcommittee for consideration. Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

Information Reports

26. **Moved to 5:30 FY 2011 Budget Worksession Discussion**Benefits for Public Safety Employees

Public Comment – Including Items Not Listed on the Agenda –

Adjournment: 10:24 p.m.

This is to certify that the foregoing is a true and correct copy of the minutes of the regular meeting of May 4, 2010 as approved by the Berkeley City Council.

______Deanna Despain, CMC, City Clerk

Tuesday May 4, 2010 MINUTES Page 8

Communications Item 24: Amendments to Medical Cannabis Regulations, BMC Chapter 12.26 1. Christopher Smith

Supplemental Communications and Reports 1 Item 3: Panoramic Hill (ESR) Zoning Ordinance Revision 2. Gene Bernardi

Item 16: Berkeley Large Home Family Daycare: Analysis of Required Fees, Fines and Creation of an Amnesty Period 3. Ellen Dressman

Item 19: Support ACLU Concerns About Punitive Interpretations of UC Student Conduct Code 4. Caleb Dardick, on behalf of Harry Le Grande, Vice Chancellor for Student Affairs

Item 24: Amendments to Medical Cannabis Regulations, BMC Chapter 12.26 5. Richard Robbins and Lynne Van Housen 6. Unknown (2) 7. Darro Hudspeth 8. Christopher Smith 9. Forty Acres Medical Marijuana Growers Collective

Supplemental Communications and Reports 2 Item 24: Amendments to Medical Cannabis Regulations, BMC Chapter 12.26  Presentation, submitted by Medical Cannabis Commission (see agenda item)

Tuesday May 4, 2010 MINUTES Page 9