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Monday, September 10, 2007

5:00 P.M.

6th Floor Conference Room, 2180 Milvia Street
Teleconference Locations: 1636 Channing Way, Berkeley, CA


Tom Bates, Mayor


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 the Council Chambers or at the teleconference location Questions regarding this matter may be addressed to Pamyla Means, City Clerk, 981-6900


Roll Call


Public Comment - Limited to items on this agenda only


Closed Session

The City Council and Board of Library Trustees will convene in closed session to meet with its attorneys concerning the following matter:


Rollie French v. Arntz Builders, City of Berkeley, et al.

(Alameda County Superior Court No.2002-043461, consolidated with:

Helix Electric v. Arntz Builders, et al. (Alameda County Superior Court No. 2002-061480);

Thyssenkrupp Elevator Corp. v. Arntz Builders, et al. (Alameda County Superior Court No.2002-071479);

F.W. Spencer & Son, Inc. v. Arntz Builders, et al. (Alameda County Superior Court No. RG03082302);

Bay Systems Integrators, Inc. v. Helix Electric, Inc., et al. (Alameda County Superior Court No. RG03089440); and

Arntz Builders, Inc. v. City of Berkeley, et al. (Alameda County Superior Court No. RG 03095394).)


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 held in Council Chambers are available on Cable B-TV (Channel 33), via internet accessible video stream at and KPFB Radio 89.3. Archived indexed video streams are available at
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
and may be read at reference desks at the following locations:

City Clerk Department


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


South Branch 1901 Russell


To request a meeting agenda in large print, Braille, or on cassette, or to request a sign language interpreter for the meeting, call 981-6900 (Voice) or 981-6903 (TDD) at least 5 working days prior to the meeting to insure availability. 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.

Please refrain from wearing scented products at public meetings.