City Clerk
City Clerk

Regular Meeting eAgenda
May 19
, 2009

Printer-friendly PDF* agenda

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 19, 2009

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, CMC, 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.

1.   Amendment to BMC Chapter 1.26 to Clarify that the City May Seek an Injunction for Violations of Local Law and Amendment to BMC Chapter 1.28 to Make Explicit the City's Inability to Seek Review of the Hearing Officer's Administrative Citation Decisions (PDF)
From: City Manager
Recommendation:
Adopt second reading Ordinances 7,080–N.S. and 7,081 –N.S. amending Sections 1.26.010 and 1.26.020, and 1.28.130 of the Berkeley Municipal Code (BMC) in order to clarify these provisions.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Zach Cowan, City Attorney's Office, 981-6950

2.   B.M.C. Section 3.12.060, 6.14 020 and 6.14.050 Amendments: Clarification for City Art Galleries (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance. 7,082–N.S. amending sections 3.12.060, 6.14 020 and 6.14.050 of the Berkeley Municipal Code, to formally authorize creation of the Public Art Committee of the Civic Arts Commission and permit curation of the Addison Street Windows Gallery by a curator overseen by the Public Art Committee and the Civic Arts Commission.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Michael Caplan, Economic Development, 981-7530

3.   Ordinance Regulating Excavations in the Public Right of Way for Video and Telecommunications Systems (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,083–N.S repealing BMC Chapters 16.10, 16.11 and 9.56, and adopting a new Chapter 16.10, "Regulating Excavations in the Public Right of Way for Video and Telecommunications Systems."
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Claudette Ford, Public Works, 981-6300

4.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of April 28, 2009 (special joint) and May 5, 2009 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900

5.   Contract No. 7799 Amendment: The Berkeley Alliance (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7799 with The Berkeley Alliance (The Alliance) to provide administrative support and project services for the 2020 Vision Initiative, increasing the amount by $25,000 for a total contract amount not to exceed $86,800.
Financial Implications: See report
Contact: Lisa Caronna, Deputy City Manager, 981-7000

6.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation:
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $6,627,668
Contact: Robert Hicks, Finance, 981-7300

7.   Grant Award: American Recovery and Reinvestment Act – Summer Youth Employment Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept one-time grant funds from the Alameda County Workforce Investment Board, in the amount of $263,016, to implement the American Recovery and Reinvestment Act Summer Youth Employment Program for the period May 1, 2009 to September 30, 2009; to execute the resultant revenue agreements, contracts and any amendments and extensions; and to authorize implementation of the program and appropriation of funding for related expenses, including a subcontract with the Emeryville 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: Grant - $263,016
Contact, Fred Medrano, Health and Human Services, 981-5100

8.   Grant: Measure B Paratransit Revenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the Measure B Program Plan for paratransit services and authorizing the City Manager to take any other actions required to execute an agreement with the Alameda County Transportation Improvement Authority (ACTIA) in the amount of $162,942 for Measure B annual pass-through funds for use during FY 2010.
Financial Implications: Revenue - $162,942
Contact: Jane Micallef, Housing, 981-5400

9.   Easement Acceptance: 920 Heinz (West Berkeley Bowl) (PDF)
From:  City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City Manager to accept the Berkeley Bowl Grant of Easement for a bicycle pathway easement on the West Berkeley Bowl site at 920 Heinz Street.
Financial Implications: None.
Contact: Dan Marks, Planning and Development, 981-7400

10.  Contract No. 5975 Amendment: TranSystems, Inc. for Berkeley Marina Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to contract (No. 5975A) with TranSystems, Inc. for Berkeley Marina Design Services, increasing the amount by $40,000, for a total amount not to exceed $590,000, for the term ending June 30, 2010.
Financial Implications: Boating and Waterways Loan Fund - 590,000
Contact: Claudette Ford, Public Works, 981-6300

11.  Contract No. 6975A Amendment: BKF Engineers for On-Call General Surveying Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with BKF Engineers for on-call general surveying services, increasing the amount by $70,000, for a total amount not to exceed $420,000 for the period July 1, 2006 to July 1, 2009.
Financial Implications: Sewer Sanitary Fund - $70,000
Contact: Claudette Ford, Public Works, 981-6300

12.  Contract: AECOM Transportation for On-Call Traffic Engineering Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with AECOM Transportation for on-call traffic engineering services in an amount not to exceed $200,000 for the period July 1, 2009 to July 1, 2012.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

13.  Contract: Bellingham Marine Industries, Inc. for FY 2009 Marina Float Replacement Project (PDF)
From: City Manager
Recommendation:
1.  Approving specifications for the FY 2009 Marina Float Replacement Project; 09-10409-C
2.  Accepting the bid of Bellingham Marine Industries, Inc.
3.  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 specifications, in an amount not to exceed $248,929, for the period of 120 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

14.  Purchase Order: San Jose Harley-Davidson for Eight Motorcycles (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a purchase order with San Jose Harley-Davidson in an amount not to exceed $242,026 for eight motorcycles.
Financial Implications: Equipment Replacement Fund - $242,026
Contact: Claudette Ford, Public Works, 981-6300

15. ***Item Removed by City Manager***Proclamation: May 23, 2009, "Celebrating Youth Arts Day"

16.  Berkeley Housing Authority Subsidy (PDF)
From: Housing Advisory Commission
Recommendation:
The Housing Advisory Commission (HAC) recommends that City Council provide a subsidy to the Berkeley Housing Authority to fulfill its mission and purpose.
Financial Implications: Unknown
Contact: Kristen Lee, Commission Secretary, 981-5400

17.  Communication with the Attorney General (PDF)
From: Medical Cannabis Commission
Recommendation:
Authorize the Mayor to sign a letter to Attorney General Eric Holder in support of Justice Department actions to focus medical marijuana enforcement on those abusing state and local laws.
Financial Implications: None
Contact: Wendy Cosin, Commission Secretary, 981-7400

Consent Calendar – Council Items

18.  Proclamation Recognizing Resources for Community Development on their 25th Anniversary (PDF)
From: Mayor Bates
Recommendation:
Adopt a proclamation recognizing Resources for Community Development (RCD), on the occasion of their 25th Anniversary, for their many contributions in creating affordable housing and building community throughout Berkeley.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

19.  Official City Sponsorship of the ARTSPARK! Festival (PDF)
From: Councilmembers Moore and Anderson
Recommendation:
Approve City sponsorship of the ARTSPARK! Festival.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120; Max Anderson, Councilmember, District 3, 981-7130

20.  Request for Status Report: Labor Negotiations for the West Berkeley Bowl, 920 Heinz Ave. (PDF)
From: Councilmember Moore and Mayor Bates
Recommendation:
Request that the City Manager report to the Council the status of labor negotiations for the West Berkeley Bowl, 920 Heinz Ave, during the May 19th City Council Meeting.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

21.  Co-Sponsorship of the 22nd Annual Berkeley Juneteenth Festival (PDF) (Continued from May 05, 2009)
From: Councilmembers Anderson, Moore, Worthington and Arreguin
Recommendation: Approve co-sponsorship of the 22nd Annual Berkeley Juneteenth Festival to be held on Saturday, June 13, 2009.
Financial Implications: General Fund - $4,050
Contact: Max Anderson, Councilmember, District 3, 981-7130

22.  Support Communications Workers of America Contract Negotiations (PDF)
From: Councilmember Worthington
Recommendation:
To urge AT&T to conclude contract negotiations with the Communication Workers of America for a fair and equitable contract.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

23.  Support the Bhopal Gas Disaster Resolution and Letter to Dow Chemical Company (PDF)
From: Councilmembers Worthington and Maio
Recommendation:
Adopt a Resolution conveying to Dow Chemical that it is their responsibility to assume liability for the Bhopal disaster, and reaffirm the City’s divestment policy toward Dow Chemical.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

24.  Reimbursement for 7th Annual Holocaust Remembrance Day Event (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution approving reimbursement to Councilmember Kriss Worthington for costs associated with the 7th Annual Holocaust Remembrance Day.
Financial Implications: $294.89
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

25.  United Nations Declaration on the Rights of Indigenous Peoples (PDF)
From: Councilmember Worthington
Recommendation:
Recognize and endorse the United Nations Declaration on the Rights of Indigenous Peoples, and send a letter to United States Ambassador to the United Nations, Susan Rice.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

26.  One-Time Budget Referral for East Bay Community Scholarship Fund School Supply Initiative (PDF)
From: Councilmembers Wozniak and Anderson
Recommendation:
Refer to the budget process $22,500 for the East Bay Community Scholarship Fund’s (EBCSF) School Supply Initiative (SSI) to provide every low-income student in the City of Berkeley with access to school supplies.
Financial Implications: $22,500
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments.  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.with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

27.  Fees: Annual Fire Inspections and Fire Permits (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a resolution establishing Annual Fire Inspection and Fire Permit fees for FY 2010 and rescinding Resolution No. 63,909-N.S.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

28.  Fees: Environmental Health Division (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution establishing fees for FY 2010 for permit and inspection and other services provided by the City of Berkeley Environmental Health Division as required by the Berkeley Municipal Code, Section 13.40.090, Section 12.04.020, Section 12.04.030, Section 11.12.040, Section 11.28.040, Section 11.20.030, Section 9.80.040, and the California Health and Safety Code Section 114381, Section 116053, Section 119303; and rescinding Resolution No. 64,076-N.S.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100

29.  Fees: Rental Housing Safety Program (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution increasing the Rental Housing Safety Program annual fee by $9 per unit per year, to $26 per unit per year, and by $4.50 per room per year, to $13.00 per room per year.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

30.  Fees: Parks Recreation Programs & Facilities FY 2010 (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion adopt a Resolution to: 
1)     change non-resident fees to 20% over resident fees for all existing programs, with the exception of all drop-in programs, Special Events, Wedding Rentals, Adult Softball, Adult Basketball, Youth Twilite Basketball (team), and camp programs;
2)     establish new program fees for Teen Camp and Birthday Parties at the Skate Park;
3)     establish a discount for multi-room rentals at Recreation Centers and for Fish Camp groups of 75-250 persons at Berkeley Tuolumne Camp; and
4)     rescind Resolution No. 64,334-N.S.  New fees are in effect on August 10, 2009.
Financial Implications: See report.
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

31.  Fees: Marina Rates FY 2010 (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution:  establishing a new rate schedule that increases: (1) berth fees by up to 6.25%; (2) dry storage rates by up to 25%; (3) storage locker rental fees by 25%; and (4) Small Boat Launch Ramp Fees by 50%.  (See Exhibit A - Marina Rate Schedule for FY 2010).
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

32.  Fees: Aboveground Petroleum Storage Tank Fee (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution establishing a fee for aboveground petroleum storage tank facilities that are regulated under California Health and Safety Code (HSC) Division 20, Chapter 6.67 to be administered by the City of Berkeley’s Certified Unified Program Agency (CUPA), Toxics Management Division (TMD).
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

33.  FY 2010 Street Light Assessments (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution confirming the assessments in the Engineer's Report, dated February 2009, and authorize the levying of FY 2010 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

34.  FY 2010-2011 Budget Public Hearing #1 (PDF)
From: City Manager
Contact:Tracy Vesely, Budget Manager, 981-7000

Action Calendar – Appeals

Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment. 

35.  West Berkeley Bowl (920 Heinz Avenue) (PDF)
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit Modification #09-70000007 to allow approved “full-service grocery marketplace” to open without required traffic signal at Heinz/San Pablo and left turn signal at Ashby/San Pablo, but with interim mitigations until required signals are installed.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – New Business

36.  Berkeley City-Wide Public Pools Master Plan -- Authorization to Proceed with Environmental Analysis of the Preferred Plan and Design Variant (PDF)
Presentation (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to proceed with Environmental Analysis of preferred project and design variant for the Berkeley City-Wide Public Pools Master Plan.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

37.  Emissions Standards for Alternatives to Petroleum-Based Fuels
a.  From: Community Environmental Advisory Commission (PDF)
Recommendation: Require the City Manager to discontinue use of B20 and revert back to petroleum diesel. Future uses of alternative fuels must show at least a 5% lower carbon intensity than petroleum based fuels per California Low Carbon Fuel Standard figures, which must incorporate accurate and reasonable land use displacement in the measure of the fuels’ lifecycle carbon intensity.
Financial Implications: None
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400
b.  From:  City Manager (PDF) 
Recommendation:  That staff analyze the recommendation by the Community Environmental Advisory Commission to use alternative fuels with a 5% lower carbon intensity than petroleum based fuels, evaluate options, and report back to City Council no later than September 15, 2009; and that in the interim:
1.      The City comply with state regulations for the Corporation Yard and not store biodiesel unless a variance is approved,
2.    Biodiesel no longer be stored at the Transfer Station regardless of potential approval of a variance.
Financial Implications:  See report
Contact:  Wendy Cosin, Planning and Development, 981-4702

38.  Disaster and Fire Safety Commission Report 2009
a. From: Disaster and Fire Safety Commission (PDF)
Recommendation: Ensure that the City continues to prepare for disasters.  Ensure that the following issue areas are addressed as described in the detailed recommendations contained in this report: Residential Soft Story Program, Unreinforced Masonry Building Program, Neighborhood Safety Walkabouts, Disaster Drills and Exercises, Multi-Commission Workshops
Financial Implications: See report
Contact: Kurt Chun, Commission Secretary, 981-3473
b.  From: City Manager (PDF)
Recommendation: The City Manager refers the specific operational items in the Disaster and Fire Safety Commission report, as detailed further below, to the budget process for consideration and review by impacted City departments. The recommendations put forth by the Disaster and Fire Safety Commission are comprehensive and cross multiple department responsibilities. The impact of the recommendations will require City staff to evaluate them further.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

Information Reports

39.  Status Referral: West Berkeley Bowl: Council Referral - Labor Management (PDF)
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7400

40. **Removed from agenda by City Manager**Status Update: Implementation of FUND$ Change Management Audit Recommendations

41.  Status Report: Permit Service Center Surprise Cash Count - Need to Address Long Standing Security and Accountability (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

42. **Removed from agenda by City Manager**Parcel Based Special Taxes, Fees and Assessments Audit - Status Report

43.  Ed Roberts Campus - Update on Leasing and Fundraising (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400

Public Comment – Including Items Not Listed on the Agenda – 

Adjournment

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

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

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

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

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

 

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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

I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 14, 2009.

Deanna Despain, CMC, City Clerk


Communications (PDF)

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.

Item 36: Berkeley City-Wide Public Pools Master Plan -- Authorization to Proceed with Environmental Analysis of the Preferred Plan and Design Variants
1.      Summer Brenner
2.      Ying Mei Tcheou

Parking Ticket Issue
3.      David Wallace

Cell Phone Antennas @ 1760 Solano Avenue
4.      Yong Liu (Color photos available for viewing at City Clerk’s Office)

Global Warming Event
5.      David Eselius

Library Barcode System
6.      Marilla Arguelles

City Employee Vacation Time
7.      Barbara Gilbert

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