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Regular Meeting eAgenda
February 26, 2008

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.ci.berkeley.ca.us/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.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134 

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AGENDA

 BERKELEY CITY COUNCIL MEETING

Tuesday, February 26, 2008

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Dona Spring

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Deanna Despain, Deputy 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 the Zoning Ordinance (ZA 1-07): Public Safety Exceptions for Structural Alterations (PDF) 

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,019–N.S altering Berkeley Municipal Code (BMC) Chapter 23C.04 to exempt structural alterations, for the purpose of public safety improvements for buildings subject to BMC Chapter 19.39 - Potentially Hazardous Buildings Containing Soft, Weak or Open Front Stories also known as the Soft Story Ordinance and BMC Chapter 19.38 - Seismic Hazard Mitigation Program for Unreinforced Masonry Buildings (URM), from certain Zoning Ordinance restrictions and some levels of discretionary review.

First Reading Vote: All ayes

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

2. Donation: Elizabeth Chao to the Animal Care Shelter (PDF) 

From: City Manager

Recommendation: Adopt a Resolution accepting a donation from Elizabeth Chao to the Animal Shelter in the sum of $7,500.

Financial Implications: $7,500- Revenue

Contact: Phil Kamlarz, City Manager, 981-7000

3. Contract No. 7456 Amendment: Hanson Bridgett Marcus Vlahos Rudy LLP – Legal Services (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No.  7456 with Hanson Bridgett Marcus Vlahos Rudy LLP (“Hanson Bridgett”) to increase the contract amount by $15,000 for a total not to exceed amount of $40,000 for legal services.

Financial Implications: General Fund - $15,000

Contact: Zach Cowan, City Attorney, 981-6950

4. Formal Bid Solicitations and Request for Proposals (PDF) 

From: City Manager

Recommendation: Approve the attached new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division.

Financial Implications: Employee Training Fund - $190,000

Contact: Robert Hicks, Finance, 981-7300

5. Grant and Contract: 2008-2009 Community Services Block Grant (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept the Community Services Block Grant (CSBG) Contract Number 06F-4701 for a total of $347,112 and execute any resultant agreements and amendments to provide low-income services for the period January 1, 2008 to December 31, 2009

Financial Implications: See report

Contact: Renelda Mary, Housing, 981-5400

6. Memorandum of Understanding for Coordination with Community Agencies at MLK House (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding with Resources for Community Development, Lifelong Medical Inc., and the John Stewart Company related to the coordination of roles in an existing supportive housing development at 2942-2944 Martin Luther King Jr.  Way known as MLK House.

Financial Implications: None

Contact: Renelda Mary, Housing, 981-5400

7. Purchase Order Increase: Friendly Cab (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing an increase to Purchase Order 68,159 for Friendly Cab to an amount not to exceed $50,000 for taxicab rides provided to eligible paratransit passengers from the period July 1, 2007 through June 30, 2008.

Financial Implications: See Report

Contact: Renelda Mary, Housing, 981-5400

8. Designating City's Labor Negotiators Under Govt. Code Section 54957.6 (PDF) 

From: City Manager

Recommendation: Adopt a Resolution establishing a standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with certain unions and unrepresented employees and to rescind Resolution No. 60,532–N.S.

Financial Implications: None

Contact: David Hodgkins, Human Resources, 981-6800

9. Contract No. 5864B Amendment: Granicus Video Streaming Services (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No.  5864B with Granicus Inc. for video streaming and archiving services, increasing the amount by $76,000 for a total contract amount not to exceed $184,000, and extending the term to June 30, 2010.

Financial Implications: General Fund - $76,000

Contact: Donna LaSala, Information Technology, 981-6500

10. Contract Amendment: Xerxes - Public Safety System Consultant (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 5918B with Xerxes Consulting Incorporated for support of legacy public safety computer systems, increasing the amount by $25,000 for a total contract amount not to exceed $75,000, and extending the contract term to December 2009.

Financial Implications: General Fund - $25,000

Contact: Donna LaSala, Information Technology, 981-6500

11. Donation: Tuolumne Camp (PDF) 

From: City Manager

Recommendation: Adopt a Resolution accepting a cash donation from the Friends of Berkeley Tuolumne Camp (FOBTC) in the amount of $60,000.

Financial Implications: See report

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

12. Lease Agreement with Berkeley Waterski Club for Property in Aquatic Park (PDF) 

From: City Manager

Recommendation: Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with the Berkeley Waterski Club, Inc. to use City property at 2821 West Bolivar Drive in Aquatic Park for a term anticipated to begin May 1, 2008 and ending December 31, 2010, with an option to extend the term for an additional five-year period.

Financial Implications: See report

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

13. License Agreement: 90 Bolivar Drive in Aquatic Park to San Francisco Institute of Architecture (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with San Francisco Institute of Architecture (SFIA) for City property located at 90 Bolivar Drive in Aquatic Park for nine months for an amount of $100.

Financial Implications: $100 in revenue.

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

14. Lease Agreement: Berkeley Rowing Club for Property in Aquatic Park (PDF) 

From: City Manager

Recommendation: Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with the Berkeley Rowing Club, Inc. to use City property at 2851 West Bolivar Drive in Aquatic Park for a term anticipated to begin May 1, 2008 and ending December 31, 2010, with an option to extend the term for an additional five-year period.

Financial Implications: See report

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

15. Fee Reduction And Retroactive Billing: Houseboats (Held over from February 12, 2008) (PDF) 

From: City Manager

Recommendation: Adopt a Resolution reducing all fees owed by Houseboat owners in the Berkeley Marina during the construction period of the new H & I docks (March thru September 2007) by forty percent (40%) and to retroactively bill for the balance (sixty percent - 60%) via an 18 month interest free payment plan.

Financial Implications: $35,647 in revenue to Marina Fund

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

16. Grant Application: Station Area Planning Program (with Local Match) (PDF) 

From: City Manager

Recommendation: Adopt a Resolution supporting submittal of an application to the Metropolitan Transportation Commission/Association of Bay Area Governments (MTC/ABAG) for a Station Area Planning Program grant of $300,000.  The grant would support developing implementation measures for the Downtown Area Plan, such as zoning ordinance modifications, a public improvements plan, a financing plan, a parking strategy and other measures.   The Program requires a 20 % match ($60,000) that is already committed for the Downtown Area Plan (General Fund).

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

17. Contract: Friends of Piedmont Way for Piedmont Avenue Restoration (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Friends of Piedmont Way and appropriating $75,000 for the design and development of a rehabilitation plan and bid/construction documents for the Piedmont Avenue Landscape Restoration Project.

Financial Implications: General Fund - $75,000

Contact: Claudette Ford, Public Works, 981-6300

18. Contract No. 6818 Amendment-Securitas Security Services Civic Center Restrooms (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Securitas Security Services USA, Inc. for security services for Civic Center Building restrooms, increasing the not to exceed amount by $2,000 from $307,272 to $309,272.

Financial Implications: $2,000 - General Fund

Contact: Claudette Ford, Public Works, 981-6300

19. Appointments to Mental Health Commission (PDF) 

From: Mental Health Commission

Recommendation: Approve the reappointment to the Mental Health Commission of 1) Nadine Dixon, as a representative of the Special Public Interest Category, to complete her three-year term ending April 24, 2010; and 2) Howard King, as a representative of the General Public Interest Category, to complete his three-year term ending September 18, 2009.

Financial Implications: None

Contact: Carol Patterson, Commission Secretary, 981-5200

Council Consent Items

20. Support Lawrence Berkeley National Laboratory Continuing Its Downtown Shuttle (PDF) 

From: Councilmember Spring

Recommendation: Request the City Manager send a letter to the director of the Lawrence Berkeley National Laboratory to thank them for continuing their shuttle between the Lab and downtown Berkeley

Financial Implications: None

Contact: Dona Spring, Councilmember, District 4, 981-7140

21. Support Proposition 99, Homeowners Protection Act (PDF) 

From: Councilmember Worthington

Recommendation: Adopt a Motion expressing its support for Proposition 99, the Homeowners Protection Act which would prohibit state and local governments from using eminent domain to purchase private housing to transfer to a private developer.

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

22. Use of the Berkeley Veterans Building for Veterans Activities (PDF) 

From: Councilmember Worthington

Recommendation: Refer to the City Manager the creation of a City of Berkeley policy to allow the short-term use of the Berkeley Veterans Building for veterans activities.

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

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.  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 – Presentation

23.  Light Brown Apple Moth

a. From: City Manager (PDF)

Recommendation: Presentation by the State of California Department of Food and Agriculture and other possible organized groups on treatment of Light Brown Apple Moth and public heath concerns.

Financial Implications: Unknown

Contact: Fred Medrano, Health and Human Services, 981-5100

b. From: Councilmember Maio (PDF)

Recommendation: After hearing the presentation from the California Department of Food and Agriculture (CDFA), on the Light Brown Apple Moth Spraying Plan, develop a response to the Plan from the City Council.

Financial Implications: None

Contact: Linda Maio, Councilmember, District 1, 981-7110

c. From: Councilmember Spring (PDF)

Recommendation:  Join the Albany City Council by passing the attached resolution: "opposing the California Department of Food and Agriculture aerial spray program to eradicate the light brown apple moths".

Financial Implications:None

Contact: Dona Spring, Councilmember, District 4, 981-7140

Action Calendar – Appeals

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

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

24. ZAB Appeal: 2526 Durant Avenue (PDF) 

Attachment 5 (PDF, 189 MB) 

From: City Manager

Recommendation: Adopt a Resolution affirming the decisions of the Zoning Adjustments Board (ZAB) to certify the Final EIR and to approve Use Permit No. 00-10000066 to relocate the Blood House, a City of Berkeley Structure of Merit, and to construct a 5-story mixed-use building with 44 dwelling units (including 7 affordable), 2,803 square feet of non-residential floor area and 18 parking spaces.

Financial Implications: None.

Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – Old Business

25. FY 2008 Second Quarter Budget Update (Held over from February 12, 2008) (PDF) 

From: City Manager

Recommendation: Adopt a resolution to

1.   Set aside anticipated, one-time General Fund revenue of $1,500,000 for specific one-time expenditures:

ú  $1 million for the Animal Shelter reconstruction project, and

ú  $500,000 for the Ed Roberts Campus - City of Berkeley contribution;

2.   Defer any new one-time or recurring costs for consideration during the FY 2009 Mid-Biennial Budget Update; and

3.   Identify a specific project for Proposition 1B Transportation Bond funding in the amount of $1.7M and amend the FY 2008 budget to include this project.

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

b. Paving of Major Streets: University Avenue, Martin Luther King, Jr. Way (PDF)

From: Councilmember Maio

Recommendation: Request the City Manager to develop a plan for timely repaving of University Avenue, our gateway pathway into Berkeley, and MLK Jr. Way, both of which are in a heavily deteriorated state.

Financial Implications: None

Contact: Linda Maio, Councilmember, District 1, 981-7110

c. Budget Referral: Diwali Lights - University Avenue Median (PDF)

From: Councilmember Maio

Recommendation: Refer to the 2008/09 budget process $1,800.00 to install Diwali lights in the University Avenue median from 6th Street to San Pablo Avenue.

Financial Implications: General Fund -  $1,800

Contact: Linda Maio, Councilmember, District 1, 981-7110

26. Proposed Condo Conversion Ordinance, BMC Chapter 21.28 (Held over from February 12, 2008) (PDF) 

From: City Manager

Recommendation: Adopt first reading of a new Condominium Conversion Ordinance.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

Council Action Calendar

27. Condemn Construction of Border Wall - United States and Mexico Border (Held over from February 12, 2008) (PDF) 

From: Councilmember Worthington

Recommendation: Adopt a Resolution condemning the construction of a border wall along the international boundary zone connecting the United States of Mexico and the United States of America.

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

28. Letter To Canadian Officials Requesting Sanctuary For U.S. War Resisters (Held over from February 12, 2008) (PDF) 

From: Councilmembers Worthington and Anderson

Recommendation: Send a letter to Canadian Prime Minister Stephen Harper, Minister of Citizenship and Immigration Diana Finley and Liberal Party leader Stephane Dion requesting that the government of Canada establish provisions to provide sanctuary for U.S. military service members who are living in Canada to resist fighting in the Iraq War.

Financial Implications: See report

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

29. Second Reading for Peace and Justice Commission Resolutions (PDF) 

From: Councilmember Wozniak

Recommendation: To ensure that the Public has adequate notice and additional opportunity to comment on recommendations from the Peace & Justice (P & J) Commission, the Council adopts a policy to require a second reading before P&J Commission recommendations or resolutions would take effect.

Financial Implications: None

Contact: Gordon Wozniak, Councilmember, District 8, 981-7180:

Information Reports

30. Audit: Business License Tax Program Audit Report Fiscal Year 2007 (PDF) 

From: Auditor

Contact: Ann-Marie Hogan, Auditor, 981-6750

31. City Auditor's Annual Report for Fiscal Year 2007 (PDF) 

From: Auditor

Contact: Ann-Marie Hogan, Auditor, 981-6750

32. Contract Compliance Audit - Status Report (PDF) 

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

33. Investment Report Quarter Ended December 31, 2007(PDF) 

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

34. Investment Report: Quarter Ended September 30, 2007(PDF) 

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

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/ContentDisplay.aspx?id=11706
 and KPFB Radio 89.3.
 Archived indexed video streams are available at http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=9818.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=9868 and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

Please refrain from wearing scented products to this meeting.

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

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on February 21, 2008 

Deanna Despain, Deputy City Clerk

Communications – 02/26/08 (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 24:  ZAB Appeal: 2526 Durant Avenue
1.      Sharon Hudson
2.      Ruegg & Ellsworth

People’s Park
3.      Sharon Hudson
4.      Irene Hegarty

Fourth Street Restrooms
5.      Leah Samuel

Pacific Steel Casting Company
6.      Andrew Galpern

365 - 367 Panoramic Hill
7.      Ann Reid Slaby

Marine Recruiting Office/Code Pink

  • Voluminous correspondence on file and available for viewing in the City Clerk’s Office

 

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