Regular Meeting eAgenda
May 5, 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

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~ 

REVISED AGENDA
(INCLUDES EMERGENCY ACTIONS RELATED TO H1N1 INFLUENZA – Item 17.1)

BERKELEY CITY COUNCIL MEETING

Tuesday, May 5, 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, Acting 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: FY 2009 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,077–N.S. amending the FY 2009 Annual Appropriations Ordinance No. 7,069–N.S. for fiscal year 2009 based upon recommended re-appropriation of committed FY 2008 funding and other adjustments authorized since July 1, 2008, in the amount of $10,128,635 (gross) and $5,067,903 (net) and authorize a loan from the General Fund to the Fire & Emergency Services Fund (Measure GG) to cover expenditures from January 1, 2009 to June 30, 2009.
Financial Implications: None
First Reading Vote: All ayes
Contact: Tracy Vesely, Budget Manager, 981-7000

2.   Adoption of the Alameda County Ambulance Ordinance (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,078 adding B.M.C. Chapter 12.54 authorizing enforcement in Berkeley of Chapter 6.114 of the Alameda County Ordinance Code.
Financial Implications: None
First Reading Vote: All ayes
Contact: Debra Pryor, Fire, 981-3473

3.   Lease Agreement: Police Department Substation, 841 Folger Street/3000 Seventh Street (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,079–N.S. authorizing the City Manager to execute a five year lease agreement and any amendments with Sasha Shamszad for real property located at 841 Folger Street/ 3000 Seventh Street for the purpose of leasing office and parking space to the Berkeley Police Department Traffic and Parking Enforcement Units for the five-years from approximately July 1, 2009 to June 30, 2014 with an option to extend for an additional five-year period.
Financial Implications: See report
First Reading Vote: All ayes
Contact: Douglas N. Hambleton, Police, 981-5900

4.   Appointment of City Clerk (PDF)
From: City Manager
Recommendation:
Adopt a Resolution confirming the appointment of Deanna Despain as City Clerk to be effective May 17, 2009.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000

5.   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 a first reading of Ordinances 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
Contact: Zach Cowan, City Attorney's Office, 981-6950

6.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of April 20, 2009 (special closed), and April 21, 2009 (special worksession and regular)
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900

7.   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 an Ordinance 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
Contact: Michael Caplan, Economic Development, 981-7530

8.   Loan Amendment: Berkeley Society for the Preservation of Traditional Music/ Freight and Salvage (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to
1)     Amend the existing loan agreement with the Berkeley Society for the Preservation of Traditional Music to increase the loan amount by up to $400,000 to be used as bridge financing to complete the construction for the Society’s new venue at 2020-2026 Addison Street and
2)     Authorize an appropriation from the General Fund in an amount equivalent to the increased loan amount.  In all other respects, the loan agreement dated April 18, 2000, as amended July 16, 2002, December 17, 2003, and April 8, 2008 shall remain in full force and effect.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

9.   Contract No. 7102B Amendment: Laboratory Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract amendment with UNILAB-QUEST Diagnostics Laboratory to increase the amount by $250,000 for a total not to exceed $533,363; and to extend the contract period to August 15, 2009.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100

10.  Classification: Revenue Development Specialist (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,174-N.S. Classification and Salary Resolution for Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association, to establish the Revenue Development Specialist classification with a monthly salary range of $6,208 - $7,372 to be effective May 17, 2009.
Financial Implications:  General Fund - $15,000 in FY 2010
Contact: David Hodgkins, Human Resources, 981-6800

11.  Classification: Human Resources Technician (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,175-N.S., Classification and Salary Resolution for Unrepresented Employees, to revise the classification of Human Resources Technician and increase the salary range to $4,850 - $5,954, and to abolish the Assistant Human Resources classification, effective May 17, 2009.
Financial Implications: General Fund - $13,046 in FY 2010
Contact: David Hodgkins, Human Resources, 981-6800

12.  Contract: Kitchell CEM: Project Management And Construction Administration Services - Berkeley Public Library (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Kitchell CEM (Capital Expenditure Managers) to provide project management and construction administration services for the Measure FF – Branch Library Improvement Project in an amount not to exceed $996,900 for all services and reimbursable expenses for the period from May 9, 2009 through December 31, 2012.
Financial Implications: See report
Contact: Donna Corbeil, Library, 981-6100

13.  Contract: Memorandum of Understanding Between the City of Berkeley and the City and County of San Francisco Department of Emergency Management for the Distribution of FY 2007 UASI Regional Funds (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a memorandum of understanding with the City and County of San Francisco Department of Emergency Management for the receipt of FY 2007 UASI Regional Funds in an amount not to exceed $38,566 for vehicle refurbishment and to purchase one portable x-ray system.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900

14.  Purchase Order No. 72853: Toter Incorporated for Refuse and Recycling Roll-Out Carts (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a change order to Purchase Order No. 72853 with Toter Incorporated for refuse and recycling rollout carts, increasing the total from $145,044 to $182,717 for FY 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

15.  Contract: Team Ghilotti, Inc. for Berkeley Marina Dock A-B Replacement Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.    Approving plans and specifications for the Berkeley Marina Dock A-B Replacement Project, 09-10392-C
2.    Accepting the bid of Team Ghilotti, 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 plans and specifications, in an amount not to exceed $3,900,000 for a period of 240 calendar days from the date of the execution of the contract.
Financial Implications: Department of Boating and Waterways Loan Fund – $3.9 Million
Contact: Claudette Ford, Public Works, 981-6300

16.  Agreement: Alameda County Congestion Management Agency - I-80/Gilman Street Interchange Project (PDF) (Continued from April 21, 2009)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to:
1.    Execute an agreement with Alameda County Congestion Management Agency (CMA) to lead the project development phase for the I-80/Gilman Interchange improvements;
2.    Transfer the $1.2 million federal earmark and $300,000 local match from the City of Berkeley to the CMA to be used towards completion of the development phase of this project.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

17.  Appointment to Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation:
Approve the appointment of Geraldine Craig to the Mental Health Commission, as a representative of the Special Public Interest Category, for a three-year term beginning May 6, 2009 and ending May 5, 2012.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5100

17.1  Emergency Actions Related to H1N1 Influenza (PDF)
From: City Manager
Recommendation:
Adopt a resolution ratifying the proclamation of emergency by the director of Emergency Services related to the H1N1 flu as set forth in the attached Resolution; and specifically that during the existence of this local emergency the powers, functions and duties of the emergency organization of this City shall be those prescribed by state law, and the charter, ordinances, resolutions and approved plans of the City of Berkeley.
Financial Implications: None
Contact: Christine Daniel, Deputy City Manager, 981-7000

Council Consent Items

18.  City Opposition of Proposition 1D, "Children and Families Trust Fund Act" (PDF)
From: Councilmember Maio
Recommendation:
Oppose Proposition 1D, “Children and Families Trust Fund Act.” California Proposition 1D will be on a special statewide election ballot on May 19, 2009.  Councilmember Maio is opposing proposition 1D and is requesting that the City go on record in opposition.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

19.  Co-Sponsorship of the 22nd Annual Berkeley Juneteenth Festival (PDF) (Continued from April 21, 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

20.  Grant: Support of the Berkeley Public Education Foundation (PDF)
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution adopting authorizing the Mayor and Council to transfer funds in an amount not to exceed $75 per Councilmember from their office budget accounts to the City to be used for a grant to the Berkeley Public Education Foundation to support its Spring Luncheon. Direct the City Manager to transfer those funds to the Berkeley Public Education Foundation by May 11th.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

21.  Support SB 810 California Universal Health Care Act of 2009 (PDF)
From: Councilmembers Worthington, Anderson and Maio
Recommendation:
Support California Senate Bill 810 California Universal Health Care Act of 2009, which would provide every Californian medical, dental, vision, hospitalization and prescription drug benefits.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

22.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds To The Berkeley Student Cooperative (PDF)
From: Councilmember Wozniak
Recommendation:
Adopt a Resolution to approve the expenditure of $4,000 to the Berkeley Student Cooperative (BSC) with funds relinquished to the City’s general fund for this purpose from Councilmember Wozniak’s discretionary Council Office Budget.
Financial Implications: Budget discretionary account - $4,000
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

Action Calendar – Old Business (1)

23.  Climate Action Plan (Continued from April 21, 2009)
a. From: City Manager (PDF)
Supplemental Report (PDF)
Presentation (PDF)
Recommendation: Adopt a Resolution approving the April 2009 draft of the Berkeley Climate Action Plan as the "preferred project" for the purpose of environmental review.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

b. Energy Commission Information Report (PDF)
Contact: Neal De Snoo, Secretary, Berkeley Energy Commission, 981-7400

c. From: Councilmember Maio (PDF)
Recommendation: Adopt the proposed amendments to the Climate Action Plan.
Financial Implications: See report
Contact: Linda Maio, Councilmember, District 1, 981-7110

d. From: Councilmember Worthington (PDF)
Recommendation: Adopt the proposed amendments to the Climate Action Plan.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

e. From: Councilmember Arreguin (PDF)
Recommendation: Consider the amendments proposed to the Climate Action Plan and include these changes in the Plan.
Financial Implications: See report
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

f. From: Councilmember Wozniak (PDF)
Recommendation: Consider the amendments proposed to the Climate Action Plan and include these changes in the Plan.
Financial Implications: See report
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

g. From: Councilmember Wengraf (PDF)
Recommendation: Consider the amendments proposed to the Climate Action Plan and include these changes in the Plan
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

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. 

24.  ZAB Appeal: 1200 Ashby Avenue (PDF)

Administrative Record - Part One (PDF) 

Administrative Record - Part Two (PDF) 

Administrative Record - Part Three (PDF) 

From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000133 to construct a five-story mixed-use building.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.     Communications
1.  CityCentric Investments

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.

25.  Extend Residential Permit Parking Program on Various Streets (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution amending Sections 25E, and 25N of Resolution No. 56,508-N.S. by adding subsections to extend Residential Preferential Permit Parking on various streets.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – Old Business (2)

26.  Allocation of Funds for Community Agencies for FY2010 and Submission of the Fifth Year Annual Action Plan (PDF)  (Continued from April 21, 2009)
Supplemental Report (PDF)
From: City Manager
Recommendation:
Adopt two Resolutions:

Resolution A
1.   Approving proposals for funding under the FY2010 Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and Home Investment Partnerships (HOME) Program Community Housing Development Organization (CHDO) operating programs, with the exception of Biotech Partners, Inc. which will be voted on in a separate Resolution; and
2.   Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds with conditional two-year contracts for all projects in the Public Services category and one-year contracts for other projects; and
3.   Allocating 85% of the FY2010 HOME funds to the Housing Trust Fund, 10% for HOME program administration, and 5% for CHDO Operating programs; and
4.   Authorizing the City Manager to submit the Fifth Year Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and
5.   Authorizing additional meetings of the Homeless and Human Welfare and Community Action Commissions for 2010.

Resolution B
1.   Approving funding for Biotech Partners, Inc. under the FY2010 Community Development Block Grant (CDBG) Program; and
2.   Authorizing the City Manager to execute any resultant agreements and amendments with Biotech Partners, Inc., with a conditional two-year contract.

Financial Implications: See report.
Contact: Jane Micallef, Housing, 981-5400

27.  Proposed Sweatshop Free Ordinance (Continued from April 21, 2009)
a.   From: Councilmembers Worthington, Moore, Anderson and Arreguin (PDF)
Recommendation: Adopt the Sweatshop-Free procurement ordinance for the City of Berkeley
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

b.   From: Commission on Labor (PDF)
Recommendation: At the Commission on Labor special meeting on February 18, 2009, the Commission adopted the following recommendation:
To accept the Sweatshop Free Procurement Ordinance language with amendments as discussed.
Financial Implications: The Commission on Labor has not determined the fiscal impacts of a Sweatshop-Free Procurement Ordinance.
Contact: Delfina Geiken, Commission Secretary, 981-7551

c.   From: City Manager (PDF)
Recommendation: Direct staff to analyze and revise the proposed Sweatshop Free Ordinance passed by the Commission on Labor and bring back to City Council a revised Ordinance that does not result in additional costs, no later than September 29, 2009 for consideration.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

Action Calendar – New Business

28.  Ordinance Regulating Excavations in the Public Right of Way for Video and Telecommunications Systems (PDF)
From: City Manager
Recommendation:
Adopt the first reading of an ordinance 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
Contact: Claudette Ford, Public Works, 981-6300

29.  Community Choice Aggregation (PDF)
From: Energy Commission
Recommendation:
 Refer to the Agenda Committee to schedule a worksession on Community Choice Aggregation (CCA) for the fall of 2009, at which time the Energy Commission will deliver a report.  Additionally, the Commission recommends that the  $70,000 set aside for CCA be reserved for that purpose.
Financial Implications:
See report
Contact: Neal De Snoo, Secretary, Berkeley Energy Commission, 981-7400

30.  West Berkeley Bowl (920 Heinz Avenue) – Certify ZAB Action For Review (PDF)
From: City Manager
Recommendation: Request that the City Council:
1.  Certify the Zoning Adjustments Board’s (ZAB) action regarding Use Permit Modification #09-70000007, for the West Berkeley Bowl project, for review by the Council.
2.  Add this item on the Council’s agenda for the May 19, 2009 Council meeting.
Financial Implications: See report.
Contact: Dan Marks, Planning and Development, 981-7400

Information Reports

31.  Settlement of Prentice, et al. v. City of Berkeley, et al.; ACSC No. RG 133031 and Consolidated Actions (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney's Office, 981-6950

32.  Investment Report: Quarter Ended March 31, 2009 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

33.  Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800

34.  ***Removed by City Manager***Status Update:  Implementation of FUND$ Change Management Audit Recommendations
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500

35.  Status Update: Implementation of Information Systems General Controls Audit Recommendations (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500


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 an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Zoning Adjustments Board decision, 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.CityofBerkeley.info/video 
and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.CityofBerkeley.info/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.CityofBerkeley.info/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@CityofBerkeley.info

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 April 30, 2009 

Deanna Despain, CMC, Acting City Clerk


Communications

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item 23: Climate Action Plan
1.  Deborah Hecht
2.  Kathie Zatkin

Item 25: Extend Residential Permit Parking Program on Various Streets
3.  Melinda Coots-Miyazaki
4.  Sean Brien
5.  Christina Tworek
6.  Sarah Anderson
7.  David Davenport
8.  Emily Castelli
9.  Mederick Ravel

Proposed Ferry Terminal
10. James McVaney
11. Edward Moore

Underground Utilities
12. Pam Webster

Housing Appeal/Complaint
13. Jose Duarte

Minimum Wage
14. Denis Drew

Foie Gras
15. Christian-David Reynoso

Air Monitoring/Bay Area Quality Management District
16. Janice Schroeder
17. Nicole Drake, on behalf of Linda Maio
18. Christopher Kroll