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Regular Meeting Annotated Agenda
November 17
, 2009

Printer-friendly PDF* annotated 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: 

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, November 17, 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

 

Preliminary Matters

Roll Call: 7:01 p.m.  All present.

Ceremonial Matters: 

1.     Delegates from El Salvador.

City Manager Comments:

1.     Saturday, November 21 is All Storm Day

2.     Turkey Basket Distribution to selected needy families, Tuesday, November 24, 2009

3.     Launch of 311 Customer Service Center

Public Comment on Non-Agenda Matters: 1 speaker.


Public Comment on Consent Calendar and Information Items Only: 6 speakers.

Consent Calendar

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

1. Amendment to Sublease Agreement for 2031 Sixth Street and Purchase and Sale Agreement for 2031 Sixth Street (PDF) 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,116–N.S. authorizing execution of an amendment to the City’s sublease of 2031 Sixth Street to Lifelong Medical Care, and a Purchase and Sale Agreement for 2031 Sixth Street, also with LifeLong Medical Care.
Financial Implications: Revenue - $750,000
First Reading Vote: All Ayes
Contact: Christine Daniel, Deputy City Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,116–N.S.

2. Lease Agreement: Clinic Site at Alta Bates Summit Medical Offices (PDF)
Lease Agreement (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,117–N.S. authorizing the City Manager to execute a lease agreement with Alta Bates / Summit Medical Center for the purpose of securing temporary space for the City's Public Health Clinic at 830 University, during planned renovations of that facility beginning January 4, 2010. The lease term is for the period December 17, 2009 through June 17, 2010, for an amount not to exceed $24,654 (for operating costs only; the lease will be rent-free).
Financial Implications: See report
First Reading Vote:  All Ayes
Contact: Fred Medrano, Health Services, 981-5100
Action: Adopted second reading of Ordinance No. 7,117–N.S.
 
3. Lease Agreement Moe's Flower Shop at Telegraph Channing Mall (PDF)
Lease Agreement (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,118–N.S.authorizing the City Manager to execute a lease agreement with Mohammad Mohayedj doing business as Moe's Flower Shop for the purpose of operating a flower stand and a storage area at the Telegraph Channing Garage Shops. The lease term is for the period January 1, 2010 to August 31, 2014, with an option to extend the term for an additional five-year period.
Financial Implications: See report 
First Reading Vote: All Ayes
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted second reading of Ordinance No. 7,118–N.S.

4. Banning Animal Declawing (PDF) 
From: Councilmembers Arreguin and Wengraf
Recommendation: Adopt second reading of Ordinance No. 7,119–N.S. prohibiting animal declawing, absent a therapeutic purpose.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Moved to Action Calendar.  4 speakers.  M/S/C (Arreguin/Worthington) to adopt second reading of Ordinance No. 7,119–N.S.

Section 10.04.145B amended to read as follows:

B. Any person who violates this section shall be guilty of a misdemeanor and shall be fined in an amount not to exceed $1000.00 or be imprisoned for a period of six months, or both.  Violation of this section shall be a misdemeanor but may be charged in the discretion of the citing officer as an infraction. 

Section 10.04.250 Violation—Penalty amended to remove reference to section 10.04.145.

Vote: All Ayes. (Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates)

5. Proposed Revisions to Berkeley Sign Regulations (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,120–N.S. amending Berkeley Municipal Code Title 20 (Regulating Signage) and Ordinance No. 7,121–N.S. amending Berkeley Municipal Code Title 16 (Streets, Sidewalks, and Other Public Property).
Financial Implications: See report
First Reading Vote:  All Ayes
Contact: Contact: Dan Marks, Planning and Development, 981-7400
Action: Adopted second reading of Ordinance No. 7,120–N.S. and Ordinance No. 7,121–N.S.
 
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: Equipment Maintenance Fund - $125,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.
 
7. Delta Dental Plan Rate Increases (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving a 3.57% increase in the Delta Dental Plan for all coverage groups effective January 1, 2010, through December 31, 2010, and rescinding Resolution No. 62,750-N.S. 
Financial Implications: See report 
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,692–N.S.
 
8. Health Plan Rate Increases (PDF)
From: City Manager
Recommendation: Adopt two Resolutions:

1.   Approving a 7.06% rate increase for the Kaiser Foundation Health Maintenance Organization (HMO) health plan for Active Employees, a 13% rate increase for Pre-Medicare Eligible Retirees, and a rate increase of 4.30% for Senior Advantage (Medicare Supplement) Retirees; and

2.   Approving an 11.10% rate increase for the Health Net HMO health plan for Active Employees, an 11.10% rate increase for Pre-Medicare Eligible Retirees, a 19.51% rate increase for Seniority Plus (Medicare Supplement) Retirees, a 11.10% change for the Health Net Point of Service (POS) for Active Employees and Pre-Medicare Eligible Retirees, and an 8.38% increase for Health Net POS Post-65 Retirees effective January 1, 2010 through December 31, 2010, and rescinding Resolution No. 64,316–N.S. and Resolution No. 64,317–N.S.

Financial Implications: See report 
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,693–N.S. and Resolution No. 64,694–N.S.

9. Fee Assessment - State of California Self-Insurance Fund (Workers' Compensation Program) (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2010 for administering the Workers' Compensation Program, in an amount not to exceed $130,000. 
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,695–N.S.
 
10. Grant Proposal to Pacific Gas & Electric (PDF)
From: City Manager
Recommendation: Authorize the City Manager to authorize QuEST, a private consulting company, to prepare and submit a proposal to Pacific Gas & Electric (PG&E) on behalf of the City of Berkeley and execute any agreements with QuEST for the execution of the grant. 
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Approved recommendation.
 
11. Grant: 2009-10 Office of Traffic Safety Grant (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept the "Next Generation - Click It or Ticket 2009-2010" Grant, and enter into the resultant agreement and any amendments with the Traffic Safety Center (TSC) at the University of California, Berkeley to fund increased level of seat belt usage enforcement in the amount of $29,984 for the period of October 1, 2009 to September 30, 2010. 
Financial Implications: Office of Traffic Safety DUI Enforcement Education Program Fund - $29, 984 (Revenue)
Contact: Eric Gustafson, Police, 981-5900
Action:  Adopted Resolution No. 64,696–N.S.
 

1.   Approving the plans and specifications for the Sanitary Sewer Project, 10-10449-C, located on Cedar Street, La Loma Avenue, and Glendale Avenue.

2.   Accepting the bid of D'Arcy & Harty Construction, Inc.

3.   Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specification, in an amount not to exceed $521,500.00 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
Action:  Adopted Resolution No. 64,697–N.S.

1     Approving plans and specifications for the University Avenue Paving Phase 3 Project, Federal Aid Project ESPL 5057(033), 10-10462-C

2     Accepting the bid of Mark Scott Construction/Scott FTC A JV

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 plans and specifications, in an amount not to exceed $1,006,548.

Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,698–N.S.

14. Appointment to Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation: Adopt a Resolution approving the appointment of Jeffrey Davis to the Mental Health Commission as a representative of the Special Public Interest Category for a three-year term beginning November 18, 2009 and ending November 17, 2012.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5100
Action:  Adopted Resolution No. 64,699 –N.S.
 
15. Request for an Additional Meeting of the Waterfront Commission in 2009 (PDF)
From: Waterfront Commission
Recommendation: Adopt a Resolution approving an eleventh meeting of the Waterfront Commission in 2009.
Financial Implications: None
Contact: John Mann, Commission Secretary, 981-6700
Action:  Adopted Resolution No. 64,700–N.S.
 
16. Balloons - Environmental Impacts (PDF)
From: Community Environmental Advisory Commission
Recommendation: Declare that balloons pose environmental and other physical hazards when released into the environment. Council requests the City Manager to include a clause prohibiting the release of balloons in special event permits issued by the City. Finally, Council requests staff to work with the CEAC to provide educational material in the form of a leaflet to educate event organizers, businesses and schools at special events or other public gatherings and at point of sale outlets.
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400
Action:  Moved to Action Calendar.  6 speakers. M/S/C (Capitelli/Maio) to refer to Agenda Committee for future scheduling.
Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: Worthington.  Abstain: Arreguin.

Council Consent Items

17. Budget Referral: Transfer of Funds from 2009 How Berkeley; Reallocated to 40th Anniversary, Earth Day (PDF)
From: Councilmember Maio
Recommendation: Refer to the Budget process, approval of the transfer of funds in the amount of $8,100 from the 2009 How Berkeley Can You Be Parade to be added to the 40th Anniversary, Earth Day celebration.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Approved recommendation.
 
From: Councilmember Worthington
Recommendation: Send a letter urging U.S. Senators Barbara Boxer and Diane Feinstein to continue supporting Judge Edward Chen's nomination to serve as a federal district judge on the U.S. District Court for the Northern District of California.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.
 
Recommendation: Adopt a Proclamation for the 26th Annual Telegraph Avenue Holiday Street Fair.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved proclamation.
 
From: Councilmembers Wozniak and Wengraf
Recommendation: Request that the City Manager return to Council with a list of suggestions for how the City of Berkeley, can incentivize green construction. Some incentives to consider may include fee waivers, expediting time for permitting, density bonus, etc.
Financial Implications: Unknown
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action:  Approved recommendation.

Action Calendar – Public Hearing

21. Fees - Public Health Clinic Laboratory Services (PDF)
From: City Manager
Recommendation: Conduct a Public Hearing and, upon conclusion, adopt a Resolution establishing fees for two laboratory tests, effective December 1, 2009, and amending Resolution No. 64,197-N.S.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Moore/Worthington) to close the public hearing.
Action: M/S/C (Worthington/Moore) to adopt Resolution No. 64,701–N.S. establishing fees for two laboratory tests, effective December 1, 2009, and amending Resolution No. 64,197–N.S.
Vote: All Ayes.(Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates)

Action Calendar – Presentation

22. WETA Presentation and Request for Resolution Supporting Berkeley Ferry Terminal (PDF)
Supplemental Agenda Materials (PDF)
From: City Manager
Recommendation: Receive a presentation from the San Francisco Water Emergency Transit Authority (WETA) and either:

1     Adopt a Resolution supporting the proposed Ferry Terminal subject to specified conditions

or

2.   Wait for release of the FEIR and direct City staff to work with WETA staff to address the conditions included with the draft resolution and resolve issues raised in the City’s DEIR comment letter of December 2008 as well as issues raised by the Transportation Commission, Waterfront Commission, and Planning Commission before returning to the Council for consideration of this item.

Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300
Speakers: 23
Action: Presentation made and discussion held.  M/S/C (Capitelli/Moore) to adopt Resolution No. 64,702–N.S. supporting the proposed Ferry Terminal subject to specified conditions:

1      Neither the City’s General Fund nor the Marina Fund shall ever be required to subsidize the construction, development, maintenance, or operation of the ferry terminal and service, either with cash funds or in-kind services (e.g., infrastructure construction; parking enforcement or development; sanitation, engineering, or public-safety services; utilities; etc.).

2      The final site plan submitted for regulatory permits shall include all parking spaces that meet the City of Berkeley’s minimum requirements, and no more than 30% of the 89 public-access parking spaces sized for compact vehicles.

3      WETA shall lease the ferry terminal from the City for $1.00 per year.

4      WETA will work collaboratively with the City of Berkeley to design a parking enforcement plan to ensure that WETA patrons use only the WETA parking lot and minimize any impact on the surrounding parking areas.  WETA will collaborate with the City of Berkeley in studying the feasibility of a parking fee and return with a feasible parking fee structure for WETA patrons.  Any such parking fee will be used to support the ferry operation and/or enhanced feeder services; enhanced AC transit service, shuttle service providing Berkeley residents with enhanced access to WETA services and connections to existing public transportation (Emery go Round, UC Berkeley and Laurence Berkeley National Laboratory Shuttle, etc.)

5      WETA will work collaboratively with the City of Berkeley to provide an area for rigging sails for windsurfers.

6      The configuration of the ferry terminal and any associated breakwaters shall not substantially interfere with recreational windsurfers.

7      WETA to provide traffic mitigations as required in the Final Environmental Impact Report.  WETA to work with the City of Berkeley to obtain funding for the improvement of Eastbound University Avenue, west of the Frontage Road intersection.  WETA will take responsibility for Bay Trail Improvements as set forth in the presentation site plan.

8      Maintain the existing 316 parking spaces proposed to be assigned to the HS use for future economic development purposes for the City of Berkeley and WETA will cooperate with City of Berkeley to provide access to additional spaces during off peak times.

9      WETA shall provide fully accessible bathroom facilities as part of the ferry terminal.

10    The City must be satisfied that the environmental impact statement/environmental impact report (EIS/EIR) that is anticipated to be certified by WETA for the project is legally adequate and sufficient, and adequately addresses all of the concerns raised by the City.

11    The City must be satisfied that WETA will adequately mitigate the impacts identified in the EIS/EIR and the City’s comments thereon.

12    WETA shall work with City staff and commissions to continue to resolve community concerns through the planning process.

13    WETA shall commit to operating ferry service with fuel efficiency consistent with other regional transit operators and best practices in low-emission ferry technology.

14    WETA shall commit to study the seismic safety of Berkeley Marina access roads in light of the “essentials structures” standards proposed for the Terminal on this important emergency/disaster recovery route.

15    WETA will make docking facilities available to other service providers; including Golden Gate National Recreation Area and Blue and Gold, to provide weekend service and off peak service when not required by WETA for its operations or emergency services.

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


Action Calendar – New Business

From: City Manager
Recommendation: Adopt the first reading of an Ordinance amending the Community Noise Ordinance (BMC Chapter 13.40) to:

1.   Provide appropriate exceptions for entertainment establishments to be determined by the Zoning Adjustments Board through the use permit process;

2.   Provide additional discretion for amplified sound permits at festivals;

3.   Clarify noise standards, permit procedures, and enforcement procedures.
Financial Implications: Unknown. 
Speakers:
2
Contact: Fred Medrano, Health and Human Services, 981-5100

Action:  M/S/C (Worthington/Moore) to adopt first reading of Ordinance No. 7,122–N.S. amending the Community Noise Ordinance (BMC Chapter 13.40) to:

1.   Provide appropriate exceptions for entertainment establishments to be determined by the Zoning Adjustments Board through the use permit process;

2.   Provide additional discretion for amplified sound permits at festivals;

3.   Clarify noise standards, permit procedures, and enforcement procedures. 

Section 13.40.100 B 3 to amended read as follows:

Sound amplifying equipment when associated with an approved Event permit shall be used upon public property for the duration of the Event and only between the hours of 10:00 a.m. and 8:00 p.m., except as may be permitted pursuant to other provisions of this Code, such as Section 13.40.080, and upon private property only between the hours of 10:00 a.m. and 8:00 p.m.

Second reading scheduled for December 8, 2009

Vote: All Ayes. (Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates).

 
Attachment 4 (PDF)Supplemental Agenda Material (PDF)
Recommendation: 
Adopt three Resolutions:

1    Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Berkeley Citywide Pools Master Plan;

2    Incorporate Council-initiated Design Variant as Alternative C in the Master Plan; and

3    Adopt the Citywide Pools Master Plan.

Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Speakers: 10
Action: M/S/C (Worthington/Capitelli) to adopt the following:

1    Resolution No. 64,703–N.S. Adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Berkeley Citywide Pools Master Plan

2    Resolution No. 64,704–N.S. Incorporating Council-initiated Design Variant as Alternative C in the Master Plan.

3    Resolution No.64, 705–N.S. Adopting the Citywide Pools Master Plan.

Vote: All Ayes - (Ayes-Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak)

M/S/C (Moore/Capitelli) to conduct a voter poll to assess voter support including the possibility of a creation of a Community Facility District under the Mello-Roos Act.

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

M/S/C (Bates/Capitelli) to use funds from the Warm Water Pool Bond Measure fund to pay for the voter poll.

Vote: All Ayes. (Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates)


Action Calendar – Council Items

25. Appointment of Vice President of the Council (PDF)
From: Mayor Bates
Recommendation: Officially appoint, on November 17, 2009, the Vice President of the Council for a term of one year beginning December 2009 to December 2010.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Speakers: 0
Action: M/S/C (Moore/Worthington) to officially appoint Councilmember Maio, on November 17, 2009, the Vice President of the Council for a term of one year beginning December 2009 to December 2010.
Vote: All Ayes (Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates)

Information Reports

26. Condominium Conversion Program - Annual Report (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
Action:  Received and filed.
 
27. Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.
 
28.        **Removed from Agenda per City Manager**Update: Proposed Plastic Bag Reduction Ordinance

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


Adjournment: 11:56 p.m. in honor of Tom Graff, Jack Harrison and Andrea Lewis.


Communications (PDF)

Item 22: WETA Presentation and Request for Resolution Supporting Berkeley Ferry Terminal
1.    Edward Moore
2.    Jim McGrath
3.    James McVaney

Item 24: Adoption of Berkeley Citywide Pools Master Plan
4.    Gary Marquard

Traffic Calming
5.    Cee Wordles
6.    Dean Metzger, on behalf of the Claremont-Elmwood Neighborhood Association
7.    Chris McKee
8.    Nigel Renton

Bus Rapid Transit
9.    Karl Reeh, on behalf of the LeConte Neighborhood Association
10. Ron Bishop

Prince Hall Arms Site / 3238 Martin Luther King Jr. Way
11. Housing Advisory Commission – Referred to the City Manager by Councilmember Wengraf.

Supplemental Communications and Reports 1(PDF)

Item 16: Balloons - Environmental Impacts
12.    Lorna O’Hara, on behalf of The Balloon Council (3)
13.    Tom Kelly
14.    Michele Schurman

Item 22: WETA Presentation and Request for Resolution Supporting Berkeley Ferry Terminal
15.    Carol Denney
16.    Brad Smith
17.    Patricia Jones, on behalf of Citizens for East Shore Parks
18.    James McVaney
19.    Juanita Neilands
20.    Richard Misrach
21.    Raymond Shipway, on behalf of International Organization of Masters, Mates & Pilots
22.    Marina Secchitano, on behalf of Inlandboatmen’s Union of the Pacific
23.    Doniece Sandoval

Supplemental Communications and Reports 2 (PDF)

Item 16: Balloons - Environmental Impacts
24. Maggie Rufo

Item 22: WETA Presentation and Request for Resolution Supporting Berkeley Ferry Terminal

·         Presentation and supplemental materials, submitted by Public Works/WETA (see agenda item)

25.    Astrid Davis
26.    Shirley Salib
27.    Laurie Capitelli, District 5
28.    Jim Wunderman, on behalf of the Bay Area Council
29.    Unknown

Item 23: Amendments to Community Noise Ordinance: BMC Chapter 13.40
30.    Lisa Bullwinkel

Item 24: Adoption of City-Wide Pools Master Plan

·         Presentation and supplemental materials, submitted by Parks Recreation & Waterfront (see agenda item)

Winter Storm Preparation Pamphlet
31.    Public Works

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