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

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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
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