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2180 Milvia Street, Berkeley, CA 94704 
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Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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SUMMARY
  

BERKELEY CITY COUNCIL REGULAR MEETING
 

TUESDAY, JANUARY 22, 2002
 

Preliminary Matters

 

Roll Call: 7:02 p.m. Mayor Dean – excused absence

 

Ceremonial Matters:  Vice-Mayor Shirek recited an excerpt from the writings of Martin Luther King, Jr.

 

Comments from the City Manager:  No Comments

 

Comments from the Public:  10  speakers heard.

 

Consent Calendar

Action:  Moved, seconded, carried (Worthington / Maio; Absent-Dean) to adopt the Consent Calendar in one motion except as indicated:

  1. Extension of the Task Force on Telecommunications

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing an extension of the Task Force on Telecommunications from January 31, 2002 to June 30, 2002.

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000

    Actions:  Removed from the Consent Calendar by Councilmember Hawley.

    Moved, seconded, carried (Worthington/Maio; Absent-Dean) to adopt Resolution No. 61,426 – N.S. to extend the Task Force to June 30, 2002.

     

    Moved, seconded, failed (Worthington/Maio; Noes – Armstrong, Maio, Olds, Shirek, Spring, Worthington; Absent – Dean) severed from the main motion to either make the Task Force a permanent commission or abolish it at the end of the term extension.

     

  2. Agreement:  Low-income Energy Program Revenues

    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 $33,069, for the period January 1, 2002 through December 31, 2002, to provide bill payment assistance and weatherization assistance to eligible residents of Berkeley, Albany and Emeryville.

    Contract:  Stephen Barton, Housing, 981-5400

    Action:  Adopted Resolution No. 61,427–N.S.

     

  3. Cleanup Amendment to Business License Tax Administrative Appeal (first reading 01/15/02 – Unanimous; second reading – Absent - Dean)

    From:  City Manager

    Recommendation:   Adopt second reading of an Ordinance repealing Berkeley Municipal Code (BMC) Section 9.04.270.E to clean up administrative appeal process.

    Contact:  Manuela Albuquerque, City Attorney, 981-6950

    Action:  Adopted Ordinance No. 6673–N.S.  Effective February 22, 2002.

     

  4. Marina Ordinance Amendment  (first reading 01/15/02 – Unanimous; second reading – Absent –Dean)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance adding Section 6.20.170-C to the Berkeley Municipal Code (BMC) to correct an administrative error.

    Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

    Action:  Adopted Ordinance No. 6674–N.S.  Effective February 22, 2002.

     

  5. Carry-out and Quick Service Restaurants on San Pablo Avenue (CF-222-00) (first reading 01/15/02 –Unanimous; second reading – Absent - Dean)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance amending the Berkeley Municipal Code (BMC) Section 23E.64.040.E and adding Section 23E.64.090H to prohibit food service drive-throughs on San Pablo Avenue and requiring additional findings for any Administrative Use Permit or Use Permit for Carry-Out Food Store or Quick Service Restaurant use on San Pablo Avenue.

    Contact:  Carol Barrett, Planning and Development, 705-8102  

    Action:  Adopted Ordinance No. 6675–N.S.  Effective February 22, 2002.

     

  6. Zoning Ordinance Correction (first reading 01/15/02 – Unanimous; second reading – Absent - Dean)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance amending the Berkeley Municipal Code (BMC) Sections 23C.04.060.A.3 and 23C.12.040.E.1 to correct typographical errors.

    Contact:  Carol Barrett, Planning and Development, 705-8102  

    Action:  Adopted Ordinance No. 6676–N.S.  Effective February 22, 2002.

     

  7. Temporary Employment Agency Services (TAC Staffing)

    From:  City Manager

    Recommendation:  Adopt a Resolution approving the expenditure of an amount not to exceed $35,000 for TAC Staffing Services for the period of July 1, 2001 to June 30, 2002 to provide temporary services to the Planning and Development Department.

    Contact:  Wendy Cosin, Planning and Development, 705-8102

    Action:  Adopted Resolution No. 61,428–N.S.

     

  8. General Plan Completion Schedule

    From:  City Manager

    Recommendation:  Endorse the following schedule for City Council adoption of the remaining elements of the draft General Plan: February 11, 2002 Council submits proposed amendments to remaining elements; March 12, 2002 Council consideration of proposed amendments to remaining elements; and March 19, 2002 Final Council action on remaining elements.

    Contact:  Carol Barrett, Planning and Development, 705-8102

    Action:  Approved recommendation.

     

  9. Contract:  Emergency Sewer Replacement Projects

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with McNamara and Smallman Construction, Inc. for emergency sewer replacement projects by increasing the amount $203,000 and extending the period by 100 calendar days. 

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted Resolution No. 61,429–N.S.

     

  10. Storm Sewer Easement Deed Agreement at Wildcat Canyon Road

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance accepting an easement deed agreement for storm sewer drainage facilities, with Shlomo I.Rosenfeld and Ilana Rosenfeld at 632 Wildcat Canyon Road.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted first reading of Ordinance.  Second reading scheduled for February 5, 2002.

     

  11. Storm Sewer Easement Deed Agreement at Vistamont Avenue

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance accepting an easement deed agreement for storm sewer drainage facilities, with Sarn Oliver and Mariko Smiley, Hiroshi Morimoto and Leba Morimoto and Mark Springer and Karen Michalka-Springer at 619, 621, and 623 Vistamont Avenue.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted first reading of Ordinance.  Second reading scheduled for February 5, 2002.

     

  12. Contract Amendment:  Vistamont Strom Drain Construction

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with KJ Woods Construction, Inc. for Storm Sewer Improvement, Sanitary Sewer Rehabilitation, and Street Reconstruction on Vistamont Avenue, in an amount not to exceed $20,000 for additional urgent storm drain sewer work at 632 Wildcat Canyon Road, reconstruct failed pavement areas on portions of the 500 block of Vistamont Avenue, and replace steel sanitary sewer pipe; and extending the period an additional seven calendar days.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted Resolution No. 61,430–N.S.
     

  13. “Parks 2002” Ballot Measure K, March 5, 2002 Election

    From:  Mayor Dean

    Recommendation:  Support Measure K, proposed by the East Bay Regional Park District, that will be on the March 5, 2002 ballot, notify the Park District and the Sierra Club, and issue a press release.

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Approved recommendation.

     

  14. Assessment of the Needs of Berkeley’s Young People for Access to Recreation Facilities

    From:  Councilmember Hawley and Vice Mayor Shirek

    Recommendation:  Request that the City Manager work with the Youth Commission, the Parks and Recreation Commission, Berkeley Unified School District and other appropriate groups to assess the needs for and availability of recreation opportunities for young people.  The assessment should focus primarily on access to informal recreation opportunities for middle school and high-school students after school, on the weekends, and on school holidays.

    Contact:  Miriam Hawley, District 5, 981-7150 and Maudelle Shirek, District 3, 981-7130

    Action:  Approved recommendation as amended by Councilmember Maio to refer points raised during the public comment period to the Parks and Recreation Commission and further amended by Councilmember Breland to also refer points raised to the Youth Commission and the City Manager.

     

  15. Appointment to Mental Health Commission

    From:  Mental Health Commission

    Recommendation:    Adopt a Resolution appointing Kathleen Gresher and James Rinaldi to the Mental Health Commission, General Public Interest Category, and Edward Webster to the Mental Health Commission, Special Public Interest Category for three-year terms beginning January 23, 2002 and ending January 22, 2005.

    Contact:  Harvey Tureck, Secretary, 664-8562, Ext. 213

    a.   City Manager Report

    Recommendation:  The City Manager concurs with the content and recommendation of the Commission.

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

    Action:  Adopted Resolution No. 61,431–N.S.

     

  16. Protest Inclusion of Rodeos in the Salt Lake City Winter Olympics

    From:  Humane Commission

    Recommendation:  Send a letter to the Salt Lake Organizing Committee and the U.S. Olympic Committee to protest the inclusion of rodeos in any part of the Winter Olympics, on the grounds that rodeos are cruel and stressful and often result in animal deaths.

    a.   City Manager Report

    Recommendation:  The City Manager concurs with the content and recommendations of the Commission’s Report.

    Contact:  Weldon Rucker, City Manager, 981-7000

    Action:  Approved recommendation.

Presentations

  1. Parent Coalition for Equity and Excellence in Our Schools

    Contact:  Margaret Breland, Councilmember District 2, 981-7120

    Action:  Heard presentation by the Parent Coalition, Board of Education President Issel, and Superintendent Lawrence.

Public Hearings

  1. Public Safety Building Communications Tower (to be delivered)

    a.   Slide Presentation of the visual impacts of the Public Safety Building antennae

    b.   City Manager Report

    Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution authorizing the City Manager to put into use as designed, the Public Safety Building’s current tower and attached antennas, based on recommendations in the two MACRO Corporation reports dated August 1, 2001 and October 26, 2001.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    c.   Councilmember Spring Report

    Recommendation:  Direct the City Manager to honor its use permits and commitment to public processes and dismantle the current public safety antenna tower and commit to one of two scenarios: 1) locate the communication tower/s on top of the City Center building at 2180 Milvia; or 2) as a second preference erect two "flag pole" designed antennas which are more visually appropriate for Berkeley’s historic Civic Center and residential neighborhood.

    Contact:  Dona Spring, District 4, 981-7140

     

    Public Testimony:  The Vice-Mayor opened the public hearing. 38 Speakers heard.  Moved, seconded, carried (Maio/Armstong; Absent-Dean) to close the public hearing.

     

    Actions:  Moved, seconded, failed (Spring/Worthington; Noes – Armstrong, Hawley, Olds, Shirek; Absent – Dean) a substitute motion to table the discussion to the meeting of February 5, 2002 and to direct staff to come back with information on what type of generator and/or other equipment or system would need to be put in place to maintain the existing antenna and  communication system(s) during power outages.  

    Moved, seconded, carried (Armstrong/Olds; Noes – Spring, Worthington; Absent – Dean) the main motion to direct the City Manager to immediately activate the Public Safety Building’s tower and attached antennas to adequately respond to on-going public safety concerns.   

     

    Councilmember Spring presented a report and a written motion that she indicated she would be returning with for the meeting of February 5, 2002 regarding the issue of further study and options for removal, relocation or replacement of the tower.

Action Calendar

 

Old Business:

  1. National Tritium Labeling Facility Decontamination (amendments held over by Councilmember Worthington from 12/11/01)

    From:  Councilmember Worthington

    Recommendation:  Support Resolution to ensure the National Tritium Labeling Facility (NTLF) at Lawrence Berkeley National Laboratory (LBNL) and affected environs, including the Lawrence Hall of Science, be properly decontaminated, and all cutting, chipping and shipping of trees contaminated with tritium to Korean and Japanese paper mills or elsewhere cease.

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

    Action:  Held over to February 5, 2002 at the request of Councilmember Worthington.

     

  2. Promoting Berkeley Businesses (held over by Councilmember Maio from 12/11/01)

    From:  Councilmember Maio

    Recommendation:  Request the City Manager, working with Chamber and the Visitor’s Bureau, set up a website link directly from the City’s homepage to a list of Berkeley businesses that do internet commerce to assist supporters from across the country who wish to affirmatively patronize Berkeley businesses.

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

    Action:  Held over to February 5, 2002.

     

  3. Contract:  Study for Old City Hall Master Plan  (held over by Councilmember Olds from 01/15/02)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ELS Architects to provide a study for a seismic retrofit and a master plan for Old City Hall, in an amount not to exceed $100,000 for all services and reimbursable expenses for the period January 17, 2002 through December 31, 2002.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Moved to the Consent Calendar by Councilmember Olds and adopted Resolution No. 61,432-N.S. amended to include a study on the feasibility of utilizing the Veterans Building for council chamber and meeting room purposes, if there is sufficient funding to do it as part of this contract, and if not, a request that the City Manager report back on the cost of performing such a study.

     

  4. Reallocating Funds for North Shattuck Beautification  (held over by the City Manager from 01/15/02)

    From:  Councilmember Spring

    Recommendation:  Adopt a Resolution reallocating $25,000 once intended for a mural art project in North Shattuck, to landscaping permanent barriers in North Shattuck area on Cedar Street at Milvia and Grant Streets.

    Contact:  Councilmember Spring, 981-7140

    Action:  Held over to February 5, 2002.

     

  5. Reject Inclusion of Anonymous Letters in Council Packet  (held over by Councilmember Worthington from 01/15/02)

    From:  Mayor Dean and Councilmember Olds

    Recommendation:  Adopt a policy that anonymous letters sent to the Council on any subject will not be included in the Council packet when it is published and distributed.

    Contact:  Shirley Dean, Mayor, 981-7100; Betty Olds, Councilmember District 6, 981-7160

    Action:  Held over to February 5, 2002.

     

  6. San Francisco Airport Expansion (held over by Councilmember Olds from 01/15/02)

    From:  Waterfront Commission

    Recommendation:  Oppose any expansion of SFO Airport that involves placing fill in the Bay.

    Contact:  Cliff Marchetti, Secretary, 644-6376 x224

    a.   City Manager Report

    Recommendation:  The City Manager takes no position concerning the recommendations of the Commission.

    Contact:  Lisa Caronna, Parks and Waterfront, 981-6700 

    Action:  Moved to Consent Calendar by Councilmember Armstrong with an amendment by Councilmember Spring that letters be sent to the San Francisco Airiport Commission, Port Authority and San Francisco Bay Conservation and Development Commission opposing any expansion that involves placing fill in the Bay.

New Business:

  1. Contracts:  Loans from the Housing Trust Fund Allocation FY2001-02

    From:  City Manager

    Recommendation:  Adopt a Resolution approving fund reservations for the total amount of $2,312,888 from the FY2001-02 Housing Trust Fund and authorizing the City Manager to execute loan agreements and any amendments with the following applicants: 1) BOSS, McKinley House ($190,000); 2) Resources for Community Development, Adeline St. Apartments (310,000); 3) Resources for Community Development, BuiLD House (65,780); 4) Affordable Housing Associates, Outback Senior Homes ($874,000); and 5) Jubilee Restoration & Resources for Community Development, Jubilee Senior Apartments ($873,108).

    Contact:  Stephen Barton, Housing, 981-5400

    Actions:  Moved, seconded, carried (Worthington/Maio; Absent - Dean) to adopt Resolution No. 61,433-N.S. approving fund reservations and authorizing loan agreements for applicants 1, 2, 3 and 5 and to also take the following actions regarding funding for the Ursula Sherman Village project: a) reserve $150,000 from FY 2001-02 Housing Trust Fund; b) refer the project to the Housing Advisory Commission and the City Manager for a recommendation to the Council on conditions of approval that specify the detailed uses of the funds and ensure their appropriate use; and c) direct the City Manager to report back should present conditions required for release of funds, a program for the use of funds and Council resolution authorizing a loan agreement.

     

    Moved, seconded, carried (Worthington/Maio; Noes – Olds; Absent – Dean) as part of a severed motion to adopt Resolution No. 61,434-N.S. approving fund reservations and authorizing loan agreements for the Affordable Housing Associates’ Outback Senior Homes project.

     

  2. Free Speech and Civil Liberties

    From:  Peace and Justice Commission

    Recommendation: Send a letter to President George W. Bush regarding the hysteria that has swept the nation stifling open debate and eroding civil liberties; and send copies of the letter to various elected officials and news organizations.

    Contact:  Manuel Hector, Secretary, 981-5110

    a.   City Manager Report

    Recommendation:  That City staff work with the Peace and Justice Commission to develop a strategic advocacy approach for distributing policy recommendations that the Council endorses to the decision makers.

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

    Action:  Held over to February 5, 2002.

     

  3. Request to Question Named Individuals

    From:  Peace and Justice Commission

    Recommendation:  Adopt a Resolution establishing a policy that the City will cooperate only with constitutionally valid requests from Attorney General John Ashcroft to question named individuals, and all actions by the Berkeley Police Department will remain in accord with Amendments 4-8 of the United States Constitution, the due process clauses of the California Constitution, and the United Nations Charter Article 55.

    Contact:  Manuel Hector, Secretary, 981-5110

    a.   City Manager Report

    Recommendation:  That no action be taken on the recommendation of the Commission. 

    In December 2001, the Berkeley Police Department (BPD) received a letter from Attorney General John Ashcroft asking the Department to voluntarily interview two individuals.  BPD was also given discretion in the questions that were to be asked of these individuals.  BPD conducted a preliminary investigation and discovered that the two individuals no longer lived in Berkeley, and were therefore outside of BPD’s jurisdiction.  Nothing in the Attorney General’s request was unconstitutional.

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

    Action:  Held over to February 5, 2002.

Information Reports

  1. Clarification of Remaining “Development Rights” on the North Basin Strip of the Berkeley Waterfront (CF 111-01)

    From:  City Manager

    Contact:  Manuela Albuquerque, City Attorney, 981-6950

    Action:   Held over by Councilmember Spring for placement on the March 12, 2002 Action Agenda with a request that Norman La Force of the Sierra Club speak on this item.

     

  2. City Council Meetings Schedule – Managing the Agenda

    From:  City Manager

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000

    Action:  Received and Filed.
     

  3. Formal Bid Solicitations and Request for Proposals

    From:  City Manager

    Contact:  Frances David, Finance, 981-7300

    Action:  Received and Filed.

     

  4. Sather Gate Garage

    From:  City Manager

    Contact:  Frances David, Finance, 981-7300

    Action:  Received and Filed.

     

  5. Taxi Scrip Riders Bill of Rights:  Resolution of Measures  (CF 137-01)

    From:  City Manager

    Contact: Frances David, Finance, 981-7300; Fred Medrano, Health and Human Services, 981-5100; Stephen Barton, Housing, 981-5400

    Action:  Received and Filed.

     

  6. Fee Deferral Request for 1719 University Avenue

    From:  City Manager

    Contact:  Carol Barrett, Planning, 705-8105

    Action:  Moved to the Action Calendar by Councilmember Worthington and held over to  February 5, 2002.

     

  7. Fee Deferral Request for Expansion of Harrison House

    From:  City Manager

    Contact:  Carol Barrett, Planning, 705-8105

    Action:  Moved to the Action Calendar by Councilmember Worthington and held over to February 5, 2002.

Communications

Action: The following communications were read, noted, and filed, unless otherwise noted:

 

Page No.

  1. Bruce Riggs, regarding Afghanistan resolution.
     

  2. Leuren Moret, regarding National Tritium Labeling Facility
     

  3. Barbara Wilke, regarding Meeting Notice Language
     

  4. Regarding Ed Roberts Campus

    1. Diane Dew

    2. Ralph Hager

    3. Patricia Kirkpatrick

    4. Peter Pfaelzer

    5. Ann Sieck

    6. Linda De Lucchi

    7. Zachary M. Pine
       

  5. Terry Cochrell, regarding fire safety in residences after earthquakes.  Worthington, Breland
     

  6. Patrick Kennedy, regarding population growth and development in California; text of a speech given by Anthony Downs titled “Nimbyism and the Future of California.”  Breland
     

  7. Regarding low-income housing for seniors. 

    1. Charlie Betcher, Chair, Commission on Aging and

      Lenora Young, Chair, COA Housing Sub-committee  Breland, Worthington
       

  8. Regarding the Public Safety Building antenna

    1. Rose Green

    2. Robin McDonnell

    3. Chris G. Knudsen

    4. David Kamola

    5. Steven Saylor

    6. Joanne Kowalski

    7. Erica Etelson

    8. Andrea DuFlon and the MAGNAA neighbors

    9. Keith Nickolaus

    10. Deborah Green

    11. Bob Marsh

    12. Dave Williamson

    13. David Burke

    14. Rob Browning

    15. Kent A. Davidson

    16. Wendy Alfsen

    17. Vito Lab

    18. Charlotte Sumura

    19. Victor Bull

    20. Maija Williams

    21. Julie Luifoy

    22. Janet Levenson

    23. Gary Stensen and Andrea DuFlon

    24. Josh Maddox and Kathi Pugh

    25. Don Ross

    26. Marilyn Ziebarth and Werner Pavlovich

    27. Kirk McCarthy and Linda Walls

    28. Marc Albert article, Berkeley Voice

    29. Judith Scheer articles, Daily Planet

    30. Cecily Burt article, Oakland Tribune

    31. Tony Hicks article, West County Times

    32. Debra Levi Holtz article, San Francisco Chronicle

    33. Dan Greenman article, Daily Planet

    34. Zoe Kalkanis

SUPPLEMENTAL COMMUNICATIONS AND AGENDA REPORTS

 

Public Safety Building Communications Tower

  1. Jim Davis

  2. Leonard Schwartzburd, Ph.D.

  3. Tower Committee (2 additional Submissions presented at the Meeting)

  4. Micahel Dove

  5. Stephany Ruch-Sills

  6. Stephanie Lesh  Breland

  7. Harry Weiner and Anita White

  8. Krys and Steve Upstill

Assessment of the Needs of Berkeley’s Young People for Access to Recreation Facilities

  1. Stephen Swanson  Breland, Hawley, Worthington

Free Speech and Civil Liberties

  1. Maureen Horowitz

Loans from the Housing Trust Fund Allocation FY2001-02

  1. Elizabeth D. Campos  Breland, Worthington (last sentence of the letter only)

  2. Helene Hunter  Breland

  3. boona cheema

  4. City Manager Recommendations for BOSS request for funding for the Ursula Sherman Village project

Adjournment

 

Actions:  Moved, seconded, carried (Worthington/ Maio; Absent-Dean) to extend the meeting to 11:30 p.m. to complete specific agenda items.

 

Moved, seconded, carried (Worthington/Maio; Absent – Dean) to extend the meeting to 11:45 p.m. to complete specific agenda items.

 

Adjourned at 11:45 in honor of Tania Mandel.


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Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
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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.