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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, NOVEMBER 2, 1999

AGENDA

Preliminary Matters

Roll Call: 7:00 p.m.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

a. Thank You from Christmas in April Program
b. Building Opportunities for Self-Sufficiency (BOSS) Participant Graduation

Comments From The City Manager: 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.

Comments From The Public: A total of thirty (30) minutes is scheduled. Each speaker is limited to a maximum of three (3) minutes.

Council Action: The City Council may take action related to any subject listed on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

1. Needle Exchange Emergency Distribution
From: City Manager
Recommendation:
Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-infected needles among injection drug users, and authorizing the Director of Public Health to take steps to enable the operation of needle exchange emergency distribution.
Contact: Manuela Albuquerque, City Attorney, 644-6380

2. Extending Deadlines That Fall on Non-Business Days
From: City Manager
Recommendation:
Adopt first reading of an Ordinance adding Section 1.04.080 to the Berkeley Municipal Code (BMC) to provide that when the deadline for the performance of any act provided for or required by the BMC falls on a non-business day, the act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed unless specifically prohibited.
Contact: Sherry M. Kelly, City Clerk, 644-6480

3. Public Liability Claims: Deborah Goldsberry, Et Al.
From: City Manager
Recommendation:
Adopt a Resolution authorizing the settlement of Claim 98-340A in the matter of Deborah Goldsberry, Liana Held, Don Duncan, Julia Wildwood, James Cochran, and Chester Semanick in the amount of $3,000 each; and Claim 98-340B in the matter of Matthew Keith and Richard Simpson in the amount of $3,000 each, for a total settlement amount of $24,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380

4. Public Liability Lawsuit: Michael Carlisle
From: City Manager
Recommendation:
Adopt a Resolution authorizing the settlement of Alameda County Superior Court Action No. 804616-9 in the matter of Michael Carlisle in the amount of $150,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380

5. Equity Salary Adjustment for Training Officer
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 60,075-N.S., Classification and Salary Resolution for Unrepresented Employees, to approve an equity salary adjustment of 5% for the classification of Training Officer effective November 1, 1999.
Contact: Ronald Brown, Personnel, 644-6951

6. Contract Amendment: Hand-Held Computers for Parking Enforcement Unit
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with Clancy Systems by increasing the amount $64,800 for a total amount not to exceed $212,292 and extending the period to June 30, 2001, to provide parking ticket processing services (hand-held computers and other related equipment) for the Parking Enforcement Unit of the Police Department.
Contact: Dash Butler, Police, 644-6568

7. Earth Day 2000
From: City Manager
Recommendation:
Adopt a Resolution recognizing April 22, 2000 as Earth Day 2000, underscoring our commitment to programs and projects that further the clean and efficient use of energy within the City and enhance the community's environment and encouraging businesses, residents and institutions to use Earth Day 2000 to celebrate and commit to building a sustainable society.
Contact: Stephen Barton, Housing, 644-6001

8. Lease Agreement: Energy Office and Warehouse
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement including four one-year renewal options with Asia Foundation Group, Inc. for Energy Office and warehouse space at 1013 Pardee Street in an amount not to exceed $2,434 per month.
Contact: Stephen Barton, Housing, 644-6001

9. Contract Amendment: Industrial Efficiency Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the Corporation for Manufacturing Excellence (MANEX) by extending the term to December 31, 2000 and increasing the amount $4,000 to provide additional industrial efficiency services.
Contact: Stephen Barton, Housing, 644-6001

10. Grant Agreement: Industrial Efficiency Grant Proposal
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a joint grant agreement with the City of Oakland in the amount of $40,000 for the International Council for Local Environmental Initiatives to recruit industrial firms into a voluntary energy efficiency program and to provide technical assistance to these firms and other firms already participating in the program.
Contact: Stephen Barton, Housing, 644-6001

11. Revenue Agreement: Low-Income Energy Program
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a Low-Income Home Energy Assistance Program (LIHEAP) revenue agreement and any amendments with the State Department of Community Services and Development in the amount of $88,729 to provide bill payment assistance and weatherization assistance to eligible residents of Berkeley, Albany, and Emeryville, for the period January 1, 2000 through December 31, 2000.
Contact: Stephen Barton, Housing, 644-6001

12. Banner for Annual Nutcracker Suite Performance
From: City Manager
Recommendation:
Adopt a Resolution waiving Berkeley Municipal Code (BMC) Section 20.24.040 to hang a banner across southbound Shattuck Avenue at Addison Street between November 29th and December 13th to advertise the Berkeley City Ballet's Annual Nutcracker Suite performance at the Berkeley Community Theater.
Contact: Bill Lambert, Economic Development, 705-8180

13. Contract: Cerrito Creek Sewer Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with David Chavez and Associates in an amount not to exceed $66,000 to prepare the Final Archeological Report for the Cerrito Creek Sewer Project for the period ending May 31, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

14. Contracts: Sather Gate Garage and Mall Elevator
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for construction of one new elevator and replacement of an existing elevator including interim and 12-months of warranty maintenance at Sather Gate Garage Mall; accepting the bid of Thyssen Dover Elevator; and authorizing the City Manager to execute two contracts and any amendments in amounts not to exceed: 1) $493,779 for construction; and 2) $62,178 for maintenance for a period of 5 years beginning after the end of the warranty period.
Contact: Rene Cardinaux, Capital Projects, 644-6580

15. Proclamation: 12th Annual Creating Change Conference
From: Councilmember Worthington
Recommendation:
Support a proclamation for the 12th Annual Creating Change Conference 1999, being held in Oakland at the Marriott City Center Hotel on November 10-14, 1999, and sponsored by the National Gay and Lesbian Task Force (NGLTF).
Contact: Kriss Worthington, Councilmember District 7, 644-6398

16. Informational Banner(s) on Student Referendum Vote
From: Councilmembers Worthington and Olds
Recommendation:
Adopt a Resolution waiving Berkeley Municipal Code (BMC) Section 20.24.040, to allow a banner be hung from November 3-11th across Telegraph Avenue at Bancroft (and possibly Euclid at Hearst) that says "Vote November 9, 10, and 11/B.E.A.R.S. Referendum".
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Betty Olds, Councilmember District 6, 644-6399

17. Campaign to Save Laguna San Ignacio, Mexico
From: Mayor Dean and Councilmember Olds
Recommendation:
Adopt a Resolution supporting the Campaign to Save Laguna San Ignacio, Mexico, calling on the Mitsubishi Corporation to abandon its plans to build a salt factory at Laguna San Ignacio, urging the California Public Employees Retirement System (CalPers) to divest all Mitsubishi stock and that of its affiliates or entitles, and notifying Mitsubishi Corporation, CalPers, and Campaign Headquarters of Council's action.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Betty Olds, Councilmember District 6, 644-6399

18. Oppose Public Works Initiative B
From: Mayor Dean
Recommendation:
Oppose Public Works Initiative B (which may appear on the March 2000 ballot) which would deprive local governments of control over contracting for architectural and engineering work on their public work projects; and inform the sponsors of the Initiative, our representatives, the City's lobbyist in Sacramento, and the Californians Opposed to School and the Californians Opposed to School and Road Delay of Berkeley's opposition.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

19. Support Berkeley High School Pep Band
From: Mayor Dean
Recommendation:
Adopt a Resolution donating $1,000 to the Berkeley High School Pep Band to support the Band's plans to represent the City and Berkeley High School at a Millennium Festival in July 2000 at Berkeley's "Sister City" in Sakai, Japan.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

20. Unclaimed Spay/Neuter Fees
From: Councilmembers Spring, Olds and Mayor Dean
Recommendation:
Request the City Manager to research what happened to Council requests in: 1) 1994 to establish a special account for "City of Berkeley Animal Shelter Fund", and 2) 1995 for depositing the unclaimed spay/neuter fees for the purposes of reducing dog and cat over-population as required by State law; and report back by November 16th on the amount of unclaimed spay/neuter fees from the past three years and how the special account established in 1994 could allow donors to receive tax deductions for this charitable cause.
Contact: Dona Spring, Councilmember District 4, 644-6266

21. Grant for Home At Last
From: Councilmembers Spring, Olds, and Mayor Dean
Recommendation:
Adopt a Resolution granting $17,500 for the nonprofit animal rescue group, Home At Last, for expenses to be incurred next year rescuing animals from death at the Berkeley Animal Shelter.
Contact: Dona Spring, Councilmember District 4, 644-6266; Betty Olds, Councilmember District 6, 644-6399; Shirley Dean, Mayor, 644-6484

22. Sidewalk and Median Strip Signs
From: Mayor Dean and Councilmember Maio
Recommendation:
Adopt an Urgency Ordinance repealing and readopting Berkeley Municipal Code Section 20.16.190 regulating ground signs on public property (seven out of nine votes required).
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Linda Maio, Councilmember District 1, 644-6359

23. Disaster Preparedness Button to City's Website
From: Mayor Dean and Councilmember Armstrong
Recommendation:
Ask the City Manager to ensure that "Disaster Preparedness" button(s) be added to the City's Website in a prominent position at the beginning of the Website Home Page and be linked to other established websites; and publicize the availability of this online material.
Contact: Barbara Gilbert, Mayor's Office, 644-6484; Polly Armstrong, Councilmember District 8, 644-6401

24. University of California Student Enrollment
From: Mayor Dean
Recommendation:
Request the City Manager meet as soon as possible with UC Berkeley Chancellor Berdahl informing him of: 1) campus population caps as agreed to by the campus and City in the Long Range Development Plan; 2) the City's concerns of recent reports that the Regents are currently considering how the UC system can accommodate a projected increase in student enrollment; and 3) that the City prefers to be a part of the current planning regarding any expansion of the Berkeley campus rather than be reactive once a decision has been made; and requesting the City Manager report back on the outcome of this discussion.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

25. Waive Animal Shelter Fees For Rescue and Adoption and Establish Protocols
From: Animal Care and Control Task Force
Recommendation:
Adopt a Resolution waiving $10-$15 fees charged by the Berkeley Animal Shelter for adoption of animals by recognized animal rescue groups and establishing protocols governing the removal of animals from the Shelter by these groups for the purpose of rescue, adoption and foster care, effective immediately.
Contact: Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399; Dona Spring, Councilmember District 4, 644-6266; Cindi Goldberg and Nancy Ober, Humane Commissioners

26. Proposed UC Surge Building
From: Councilmember Spring
Recommendation:
Request the City Manager to: 1) write to UCB Chancellor Berdahl and UC Regents requesting they not construct the "Seismic Replacement Building" on the Oxford tract, the last remaining open space in the North Campus area, and that UC instead build the "Seismic Replacement Building" on a more appropriate site - the former California Department of Health site at Shattuck and Berkeley Way; 2) establish a process to work out mitigations with the City similar to the Haas Pavilion; 3) require the Planning Department send out notices of future meetings on the EIR for this project to all residents within 300 feet of the project; and 4) research the Deed for the Oxford Tract to UC for a condition by the donor that the property never be developed with buildings.
Contact: Dona Spring, Councilmember District 4, 644-6266

27. Remembrance of Sharon Spencer and Crosswalk Safety
From: Councilmember Spring
Recommendation:
Request the November 2nd Council meeting be adjourned in honor of Berkeley resident Sharon Spencer who was killed by a driver while traversing a crosswalk in her wheelchair; and also request that signs be posted at crosswalks in dangerous locations informing drivers that pedestrians have the right-of-way.
Contact: Dona Spring, Councilmember District 4, 644-6266

28. Reviewing City Policies Relating to the University of California
From: Councilmember Woolley
Recommendation:
Review and discuss existing City policies and agreements concerning the University of California. Included would be goals and policies in the existing City General Plan and Area Plans, voter adopted Measure N, and any Memoranda of Understanding between the City and the University. This review and discussion should occur prior to the Council's creation of any City advisory body relating to University of California issues.
Contact: Diane Woolley, Councilmember District 5, 644-6294

29. Notification of Proposed Mandatory Spay/Neuter Ordinance
From: Councilmember Woolley
Recommendation:
That all persons who have purchased City of Berkeley dog licenses be notified by mail of the November 16, 1999 public hearing on the proposed City mandatory spay/neuter ordinance for dogs and cats.
Contact: Diane Woolley, Councilmember District 5, 644-6294

30. Posting Blighted Properties
From: Housing Advisory Commission
Recommendation:
Adopt first reading of an Ordinance to add Section 12.92.175 to the Berkeley Municipal Code to allow posting signs on blighted properties informing the public of the property owner's name, address, telephone number, and the nature of code violations found.
Contact: Oscar Sung, Secretary, 665-3469
a. City Manager Report
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact: Stephen Barton, Housing, 644-6001

31. Potential Funding for Corridor Management Improvements on University Avenue
From: Transportation Commission
Recommendation:
1) That Berkeley focus its efforts to secure TEA-21 Corridor Management and Enhancement funds in this year's funding cycle on a project on University Avenue (in addition to the planned joint funding application for additional San Pablo corridor improvements); 2) That the application amount be $2 million, but the project be structured so that it can be divided into segments (to be developed), should a smaller amount of funds be available; and 3) That staff identify needed safety improvements at hazardous intersections along University Avenue and incorporate these into the funding application.
Contact: Nathan Landau, Secretary, 705-8136
a. City Manager Report
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact: Elizabeth Epstein, Planning and Development, 705-8105

Public Hearings

32. Amending the Berkeley Election Reform Act Regarding Campaign Contribution List Publication (continued from October 19 meeting)
From: Fair Campaign Practices Commission
Recommendation:
Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 2.12.065, Berkeley Election Reform Act, to eliminate the requirement that the campaign contribution list be published in a newspaper of general circulation, and reduce the number of publications of the list from twice to once within seven days prior to an election.
Contact: Camille Courey, Secretary, 644-6380
a. City Manager Report
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact: Manuela Albuquerque, City Attorney, 644-6380

33. Continued Public Hearing: Oxford Parking Lot Fee Increase (continued from September 21 and October 19 meetings)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution amending Resolution No. 57,678-N.S. increasing parking fees at Oxford Street Parking Lot by providing for a daily maximum of $15 per day and increasing special event fees for basketball and football to $25 per day.
Contact: Frances David, Finance, 644-6476

Action Calendar

Old Business:

Reports and communications related to public hearings that were distributed to Council when the issue was first heard are not included. However, new material has been noted with an *.

34. Decision regarding Cable Television Rates and Charges for Basic Service Tier, Equipment and Installation (public hearing held October 19th)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a Rate Order for the City establishing the maximum permitted cable television rates that AT&T Cable Services can charge for the Basic Service Tier, equipment and installation, effective June 1, 1999.
a. City Manager Supplemental Report *
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

35. Decision regarding Zoning Appeal of Use Permit 99-10000023 - 1172-1174 Arch Street (public hearing held October 19th)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board denying a Use Permit with findings to Applicant, Peter Coney, to intensify an existing non-conforming duplex by constructing a three-story, 1,260 square foot addition onto the rear of an existing structure at 1172-1174 Arch Street and dismissing the appeal by Greg Braden.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
a. Supplemental Report from Planning Director
Contact: Elizabeth Epstein, Planning and Development, 705-8105
b. Communications from:

1. Peter Coney
2. Rena Rickles, Attorney, transmitting copies of letters from: Jack and Julie Barnett; neighborhood petition; Eric Sullivan and Teri Steele; Frederic Fierstein; Miriam Scheffe; Dorrice Pyle; Peter and Ann Coney; Greg Braden and Christine Kenton; Bob and Sally Goldman; Helen Revel
3. Robert Fernekes and Elaine Chernoff
4. Jonathan Fernandez
5. Ms. J. Fong
6. Richard Schwarzmann
7. Howard P. Menashe

Contact: Sherry M. Kelly, City Clerk, 644-6480
c. Communication from: *
1. Andrea Safir
Contact: Sherry M. Kelly, City Clerk, 644-6480

36. Decision regarding Landmarks Preservation Commission Decision Regarding Designating 725 Gilman as a Structure of Merit (public hearing held October 19th)
From: Mayor Dean and Councilmember Olds (dated September 28, 1999)
Recommendation:
Certify to Council the designation by the Landmarks Preservation Commission of 725 Gilman "Hot Dip Galvinizing", as a Structure of Merit.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Betty Olds, Councilmember District 6, 644-6399
a. City Manager Report (dated October 19, 1999)
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution approving the City Council's certification of the Landmarks Preservation Commission's designation of 725 Gilman Street as a City of Berkeley Structure of Merit.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
b. City Manager Information Report (dated November 2, 1999) *
Contact: Manuela Albuquerque, City Attorney, 644-6380

New Business:

37. Approval of July 13, 1999 and July 20, 1999 Council Minutes
From: City Manager
Recommendation:
Approve minutes pulled by Mayor Dean from September 14th Council meeting: a) July 13, 1999 - Item 43: correction made to Mayor Dean's revised item to include a referral to the Public Works Commission (was in strikeout when it should have been underlined); and b) July 20, 1999 - Item 26: reworded to clarify Mayor Dean's recommendation as shown with underlining.
Contact: Sherry M. Kelly, City Clerk, 644-6480

38. Public Access to Quarterly Meetings at Lawrence Berkeley National Laboratory
From: Community Environmental Advisory Commission Report
Recommendation:
Support inclusion of members of the public at the Environmental Restoration Program Quarterly Review Meeting held at the Lawrence Berkeley National Laboratory (LBNL), and if enforcement issues arise, the public will be asked to leave.
Contact: Nabil Al-Hadithy, Secretary, 705-8155
a. City Manager Report
Recommendation:
Adopt the following positions and communicate them to the U.S. Environmental Protection Agency (EPA) and other participants of the Tritium Issues Work Group: 1) Council supports the convening of a new venue for community, commission, regulators, and other stakeholders to interact with Lawrence Berkeley National Laboratory (LBNL) and the Department of Energy (DOE) on tritium-related issues. This forum should not be the LBNL Environmental Restoration Program Quarterly Meeting; rather, it should be focused primarily on tritium issues, similar to the task force proposed by Dr. Shank, Director of LBNL. This taskforce should be open to all members of the public who wish to attend; and 2) The taskforce to be established by LBNL to assess the tritium pollution should convene at a time to allow for the active participation of the Institute of Energy and Environmental Research (IEER).
Contact: Elizabeth Epstein, Planning and Development, 705-8105

39. Vehicles Blocking Sidewalks
From: Commission on Disability
Recommendation:
Request the City Manager direct the Police Department send letters to all Berkeley businesses and residents concerning blocking of sidewalks by homeowners and by maintenance people fixing property; and that the letter include information on laws prohibiting blocking sidewalks or limiting the public right-of-way and stipulate the fines that can be imposed.
Contact: Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation:
Request the City Manager prepare public information materials describing citizen responsibilities for keeping the pedestrian right-of-way unobstructed and mentioning possible fines and towing fees, and distribute such materials on a regular basis through appropriate media.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

Information Reports

40. Sather Gate Garage and Mall Status Report (to be delivered)
From: City Manager
Contact: Frances David, Finance, 644-6476

41. Police Officers Grants - Status and Deployment (CR 99-75)
From: City Manager
Contact: Dash Butler, Police, 644-6568

42. HAAS Mitigation Update (CR 99-112) (to be delivered)
From: City Manager
Contact: Elizabeth Epstein, Planning and Development, 705-8105

43. Fire Danger in Berkeley
From: Fire Safety Commission
Contact: Reginald Garcia, Secretary, 644-6665

44. Pacifica Foundation Reimbursement for Security
From: Police Review Commission
Contact: Barbara Attard, Secretary, 644-6716

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Page No.

1. Center for Defense Information, regarding Landmine Survivors Media Project (includes a video which is on file in the City Clerk's Office).

2. C & A Smith, transmitting copy of newspaper article regarding practicing disaster preparedness.

3. Ellen Garvey, Executive Officer/Air Pollution Control Officer, Bay Area Air Quality Management District, responding to Council's request of September 14th to provide information regarding potential health risks associated with air emissions from the Pacific Steel Casting facilities.

4. Jason Meggs, Director, Bicycle Civil Liberties Union, regarding a Public Records Act request with regards to a group of bicycles on the University Avenue overpass, and resolution for healthy, balanced transportation strategy.

5. Berkeley Marina Hotel Radisson, transmitting press releases regarding employee's efforts to unionize, annual dinner, and Radisson's is a good place to work.

6. Rhiannon, Oceanview Tenants Association, regarding 1608 Fourth Street.

7. Karen Sarlo, regarding upcoming Board meeting and other School Board events.

8. Robert Lederman, A.R.T.I.S.T., regarding NYC Epidemic (additional pages on file for review in the City Clerk's Office).

9. John Vance, A First Amendment Center, regarding Mumia and Mandel, KPFA, Cuba, EarthLight, Immigrants (additional pages on file for review in the City Clerk's Office).

10. W.B. Caldeira, regarding voluntary resignation by James Keene.

Adjournment


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2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.