AGENDA BERKELEY CITY COUNCIL MEETING TUESDAY, SEPTEMBER 11, 2012 7:00 P.M. COUNCIL CHAMBERS - 2134 MARTIN LUTHER KING JR. WAY TOM BATES, MAYOR Councilmembers: DISTRICT 1 - LINDA MAIO DISTRICT 2 - DARRYL MOORE DISTRICT 3 - MAX ANDERSON DISTRICT 4 - JESSE ARREGUIN DISTRICT 5 - LAURIE CAPITELLI DISTRICT 6 - SUSAN WENGRAF DISTRICT 7 - KRISS WORTHINGTON 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 Mark Numainville, 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. 1. Pledge of Allegiance to the Flag 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. Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops. 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. Amending BMC Chapter 2.06 on Open Government, and Council Rules of Procedure From: Open Government Commission Recommendation: Adopt second reading of Ordinance No. 7,257-N.S. amending Berkeley Municipal Code Section 2.06.070 on Open Government, relating to revised and supplemental reports concerning items on Council agendas and posting of agendas on the City web site. First Reading Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Noes - None; Abstain - None; Absent - Bates. Financial Implications: None Contact: Kristy van Herick, Commission Secretary, 981-6950 Settlement: Benke v. City of Berkeley From: City Manager Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 11 572983 entitled Benke v. City of Berkeley, in the amount of $90,000. Financial Implications: Public Liability Fund - $90,000 Contact: Zach Cowan, City Attorney, 981-6950 Settlement: Orlandi v. City of Berkeley From: City Manager Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG11 583526 entitled Orlandi v. Alameda-Contra Costa Transit District, City of Berkeley, in the amount of $62,500. Financial Implications: Public Liability Fund - $62,500 Contact: Zach Cowan, City Attorney, 981-6950 2. 3. Tuesday, September 11, 2012 AGENDA Page 2 Consent Calendar 4. Modification of Ballot Title for Streets and Watershed Bond Measure (Measure M) From: City Manager Recommendation: Adopt a Resolution amending Resolution No. 65,843-N.S. to correct a numerical error in the ballot title. Financial Implications: None Contact: Zach Cowan, City Attorney, 981-6950 Establish 2013 City Council Meeting Schedule From: City Manager Recommendation: Adopt a Resolution establishing the Council regular meeting schedule for 2013, with starting times of 7:00 p.m. Financial Implications: None Contact: Mark Numainville, Acting City Clerk, 981-6900 Minutes for Approval From: City Manager Recommendation: Approve the minutes for the Council meetings of July 10, 2012 (special closed, special and regular), July 17, 2012 (regular) and July 31, 2012 (specials). Financial Implications: None Contact: Mark Numainville, Acting City Clerk, 981-6900 Loan Amendment: Aurora Theatre Company From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing loan agreement with the Aurora Theatre Company to extend the loan period from 5 years to 10 years which will result in annual payments to the City of $34,200 rather than $68,400. The loan will be due and payable in full on or before August 1, 2021. Financial Implications: See report Contact: Michael Caplan, Economic Development, 981-7530 Loan Amendment: Berkeley Symphony Orchestra From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing loan agreement with the Berkeley Symphony Orchestra to extend the loan period from 2 years to 4 years which will result in annual payments of $10,000 rather than $20,000. The loan will be due and payable in full on or before September 1, 2015. Financial Implications: See report Contact: Michael Caplan, Economic Development, 981-7530 Loan Amendment: Urban Ore From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Urban Ore's existing loan agreement with the City of Berkeley according to the following provisions: 1) Create a new promissory note and security agreement with the City that brings the existing loan into compliance from its delinquent status. A new promissory note will be issued for the current balance of $79,457 with new terms including a 30 month amortization period and an interest rate of 3.46% for a new combined monthly payment of $2,769; and 2) Cancel the existing promissory notes and security agreement. Financial Implications: See report Contact: Michael Caplan, Economic Development, 981-7530 Tuesday, September 11, 2012 AGENDA Page 3 5. 6. 7. 8. 9. Consent Calendar 10. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on September 11, 2012 From: City Manager Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager's threshold will be returned to Council for final approval. Financial Implications: Sanitary Sewer Operation - $2,450,000 Contact: Robert Hicks, Finance, 981-7300 Assistance to Fire Fighters Grant Application for Vehicle Acquisition From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency Assistance to Fire Fighters Grant (AFG) Program in the amount of $664,680, and authorizing the use of $166,170 in local matching funds, to fund a Hazardous Materials Response Vehicle and equipment for use at hazardous materials and large scale incidents. Financial Implications: See report Contact: Debra Pryor, Fire, 981-3473 Donation: Alameda County Meals on Wheels Agency for the Berkeley Meals on Wheels Program From: City Manager Recommendation: Adopt a Resolution accepting a $25,443 donation to the Berkeley Meals on Wheels program from the Alameda County Meals on Wheels Agency. Financial Implications: Fundraising Activities Fund - $25,443 (donation) Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 Grant Agreements: Funding Support from Alameda County to Conduct Public Health Promotion, Protection, and Prevention Services From: City Manager Recommendation: Adopt seven Resolutions authorizing the City Manager to submit grant proposals to Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following revenue agreements: 1. Public Health Infrastructure Program in the amount of $32,080 for fiscal year 2013 to analyze data, plan and disseminate information, and provide general public health education. 2. Foster Care Program in the amount of $85,375 for fiscal year 2013 to meet State mandated Child Health and Disability Prevention (CHDP) preventive health services for Berkeley children in foster care. 3. Lead Poisoning Prevention Program in the amount of $24,750 for fiscal year 2013 to prevent and address lead hazards from unsafe renovations in Berkeley. 4. Berkeley High School Health Center Program in the amount of $155,000 for fiscal year 2013 to provide health services and health education to adolescents attending Berkeley High and Berkeley Technology Academy. Tuesday, September 11, 2012 AGENDA Page 4 11. 12. 13. Consent Calendar 5. School Linked Health Services Program (Measure A Funding) in the amount of $168,000 for fiscal year 2013 to increase the capacity of Berkeley Unified School District to meet the health, medical and dental needs of students, and to create the infrastructure to more effectively perform public health surveillance and enforcement functions for communicable diseases and disease outbreaks. 6. HIV and AIDS Program in the amount of $103,000 for fiscal year 2013 to provide HIV education, testing and counseling to individuals at high risk of HIV infection. 7. Tobacco Prevention Program in the amount of $59,000 for fiscal year 2013 to provide tobacco cessation services, enforcement of tobacco retail licensing requirements and youth prevention education. Financial Implications: See report Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 14. Grant Agreements: Funding Support from the State of California to Conduct Public Health Promotion, Protection, and Prevention Services From: City Manager Recommendation: Adopt five Resolutions authorizing the City Manager to submit grant proposals to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following revenue agreements: 1. Targeted Case Management (TCM) Program in the projected amount of $730,000 per year for fiscal years 2013-2015 to provide specialized case management service to Medi-Cal eligible individuals, including comprehensive needs assessment and assistance in accessing needed medical, social, educational and related services. 2. Nutrition Education Program in the amount of $200,000 per year for fiscal years 2013-2016 to provide nutrition education and physical activity promotion to lowincome residents. 3. Child Health and Disability Prevention (CHDP) Program, which includes the Early Periodic Screening, Diagnosis, and Treatment (EPSDT) Program and the Health Care Program for Children in Foster Care (HCPCFC), in the projected amount of $387,000 for Fiscal Year 2013 to ensure access to complete health assessments for the early detection and prevention of disease and disabilities for low-income children and youth including children in the foster care system. 4. Maternal, Child and Adolescent Health (MCAH) Program, including the Black Infant Health (BIH) Program, in the projected amount of $307,000 for fiscal year 2013 to develop systems that protect and improve the health of women of reproductive age, infants, children, adolescents and their families and to reduce the morbidity and mortality of pregnant African American women and their infants. 5. Public Health Preparedness Program in the amount of $256,505 for fiscal year 2013 to promote and protect the health of the public and the environment by developing up-to-date emergency plans, sustain state and regional disease control, and coordinate emergency response efforts with hospitals and partner organizations. Financial Implications: See report Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 Tuesday, September 11, 2012 AGENDA Page 5 Consent Calendar 15. Mental Health Services Act - Prevention and Early Intervention Statewide Project Plan Update and Memorandum Of Understanding From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to approve the City of Berkeley Mental Health Services Act (MHSA) Prevention & Early Intervention (PEI) Statewide Project Plan Update, and to execute a Memorandum of Understanding (MOU) between the City of Berkeley and Alameda County Behavioral Health Care Services (BHCS) for the term July 1, 2012 through June 30, 2014 for an expenditure of up to $511,600 for local projects on suicide prevention, stigma and discrimination, and student mental health implemented and managed by BHCS through a Multi-County Collaborative. Financial Implications: See report Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 Memorandum of Understanding: Berkeley Police Association From: City Manager Recommendation: Adopt a Resolution approving a new three (3) year Memorandum of Understanding with the Berkeley Police Association (hereinafter referred to as the "Association") with a term of June 26, 2011 through July 5, 2014 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new labor agreement. Financial Implications: See report Contact: David Hodgkins, Human Resources, 981-6800 Donation: Berkeley Partners For Parks for the Berkeley Rose Garden 75th Anniversary Celebration From: City Manager Recommendation: Adopt a Resolution accepting the cash donation of $8,100 from Berkeley Partners For Parks (BPFP) to be used for the Berkeley Rose Garden 75th Anniversary Celebration. Financial Implications: General Fund - $8,100 (donation) Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700 Zoning Ordinance Amendment: Chair Massage From: City Manager Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code sections 23C.20.010 and 23F.04.010 to define Chair Massage and allow it as an exempted accessory use to retail uses. Financial Implications: None Contact: Eric Angstadt, Planning and Development, 981-7400 Contract No. 8857 Amendment: TEC Accutite, Inc. for Tank Maintenance and Certification From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8857 with TEC Accutite, Inc. for the provision of tank maintenance and certification services to increase the amount by $75,000 for a total contract amount not to exceed $125,000. Financial Implications: Various Funds - $75,000 Contact: Andrew Clough, Public Works, 981-6300 Tuesday, September 11, 2012 AGENDA Page 6 16. 17. 18. 19. Consent Calendar 20. Lease Agreement: Friends of the Berkeley Public Library for a Used Bookstore at 2431 and 2433 Channing Way From: City Manager Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Friends of the Berkeley Public Library for the purpose of operating a used bookstore at 2431 and 2433 Channing Way in the Telegraph Channing Garage shops. Financial Implications: See report Contact: Andrew Clough, Public Works, 981-6300 Annual Report on Gifts Received in Excess of $1,000 Aggregate Value From: Board of Library Trustees Recommendation: Adopt a Resolution accepting the Library's annual gift report and approving removal of the restriction on the balance of the North Branch Library construction contract gift funds in the amount of $200,000 for use to support the procurement of furnishings, fixtures, and equipment as needed for the remaining branch projects. Financial Implications: None Contact: Donna Corbeil, Library, 981-6100 Approval of Additional Meetings in Calendar Year 2012 for Two Commissions: Early Childhood Education and Parks and Recreation From: Commission on Early Childhood Education and Parks and Recreation Commission Recommendation: Adopt a Resolution approving two additional meetings for the Parks and Recreation Commission and one additional meeting for the Commission on Early Childhood Education in calendar year 2012. Financial Implications: Staff time Contact: Tanya Moore, Secretary, Commission on Early Childhood Education, 981-6700; Roger Miller, Secretary, Parks and Recreation Commission, 981-6700 Community Choice Aggregation From: Energy Commission Recommendation: Request the East Bay Municipal Utility District (EBMUD) to address the issues identified in Attachment 1 as part of its examination of community choice aggregation (CCA). Financial Implications: See report Contact: Neal DeSnoo, Commission Secretary, 981-7400 21. 22. 23. Council Consent Items 24. In Favor of Proposition 37 "California Right to Know" From: Mayor Bates Recommendation: Adopt a Resolution supporting Proposition 37 "California Right to Know" for the November 2012 election. Financial Implications: None Contact: Tom Bates, Mayor, 981-7100 Tuesday, September 11, 2012 AGENDA Page 7 Council Consent Items 25. Support Proposition 30: Temporary Sales and Income Tax Increase From: Councilmember Worthington Recommendation: Support Proposition 30 on the November 2012 Ballot which temporarily raises sales taxes by one quarter of one percent. Proposition 30 will also create three new tax brackets and raise rates for taxpayers with taxable incomes exceeding $250,000 and use the earnings to fund public schools. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Oppose Proposition 32: The "Paycheck Protection" Initiative From: Councilmember Worthington Recommendation: Oppose Proposition 32 on the November 2012 ballot that prohibits unions, corporations, and government contractors from using payroll deduction funds for political purposes. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Oppose Proposition 33: The Automobile Insurance Persistency Discounts Initiative From: Councilmember Worthington Recommendation: Oppose Proposition 33 on the November ballot which would allow auto insurance companies to base prices on a driver's history of insurance coverage. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Support Proposition 34: Repeal the Californian Death Penalty From: Councilmember Worthington Recommendation: Support Proposition 34 on the November 2012 ballot, which replaces the death penalty with life in prison without parole. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Support Proposition 36: Changes in the California "Three Strikes" Law From: Councilmember Worthington Recommendation: Support Proposition 36 on the November 2012 Ballot to modify the California Three Strikes law which authorizes re-sentencing for offenders serving life terms for non-violent crimes and reserves life sentences only for serious and violent offenses. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Support Proposition 39: Income Tax Increase for Multistate Businesses From: Councilmember Worthington Recommendation: Support Proposition 39 on the November 2012 ballot that increases income taxes for multistate businesses based on the percentages of their sales in California. This revenue would be used to fund projects that improve energy efficiency, create clean energy jobs in California, as well as support California Public Schools. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 AGENDA Page 8 26. 27. 28. 29. 30. Tuesday, September 11, 2012 Council Consent Items 31. City Manager Referral: End Triple Jeopardy on Berkeley Taxi Drivers Parking Tickets From: Councilmember Worthington Recommendation: Refer to the City Manager to end triple jeopardy on Berkeley taxi cab drivers by establishing a policy of one citation for parking violations. 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 - 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. 32. ZAB Appeal: 2727 Milvia Street From: City Manager Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 11-10000006 to construct two mezzanines totaling approximately 18,528 sq. ft., and to remove the earthen berms located on either side (north and south) of the building's exterior, to accommodate 44 parking spaces. Financial Implications: None Contact: Eric Angstadt, Planning and Development, 981-7400 b. Communication 1. Rabbi Shula Stevens Calmann Action Calendar - Old Business 33. Five-Minute Grace Period at Pay-and-Display Parking Meters (Continued from July 10, 2012) From: Councilmember Capitelli Recommendation: Adopt a Resolution establishing a five-minute grace period for vehicles where a valid receipt from a pay-and-display meter is appropriately displayed. Financial Implications: Unknown Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 Tuesday, September 11, 2012 AGENDA Page 9 Action Calendar - New Business 34. Establishment of the Berkeley Tourism Business Improvement District From: City Manager Recommendation: Conduct a public meeting to review and discuss the establishment of the Berkeley Tourism Business Improvement District (BTBID). Financial Implications: None Contact: Michael Caplan, Economic Development, 981-7530 a. D&FSC Comments on City Manager's Information Reports of May 1, 2012 From: Disaster and Fire Safety Commission Recommendation: Review and consider the Commission's comments on the City Manager's Information Reports of May 1, 2012. Financial Implications: See report Contact: Gil Dong, Commission Secretary, 981-5501 b. Staff Response to DFSC Comments to the May 1, 2012 Report From: Fire and Emergency Services Recommendation: Consider the staff update along with the Disaster Fire and Safety Commission's (DFSC) request that additional funds be allocated for disaster preparedness and community emergency response training (CERT) programs, and direct the City Manager to report back with budget recommendations in January 2013 as part of the FY 2014 budget process. Financial Implications: See report Contact: Debra Pryor, Fire, 981-3473 35. Information Reports 36. LPC-NOD: 2411 Fifth Street From: City Manager Contact: Eric Angstadt, Planning and Development, 981-7400 Update on Measure FF Public Art Projects From: Board of Library Trustees Contact: Donna Corbeil, Library, 981-6100 37. 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. Tuesday, September 11, 2012 AGENDA Page 10 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/video and KPFB Radio 89.3. Archived indexed video streams are available at http://www.ci.berkeley.ca.us/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.ci.berkeley.ca.us/citycouncil and may be read at reference desks at the following locations: City Clerk Department 2180 Milvia Street Tel: 510-981-6900 TDD: 510-981-6903 Fax: 510-981-6901 Email: clerk@ci.berkeley.ca.us Libraries: Main - 2090 Kittredge Street Claremont Branch - 2940 Benvenue North Branch - 1170 The Alameda 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 August 30, 2012. Mark Numainville, 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. Hearst Avenue Corridor Project 1. David Campbell Comments on Council 2. Maris Arnold Tuesday, September 11, 2012 AGENDA Page 11 Communications Sit/Lie Ordinance 3. Nicholas Dueber West Berkeley Plan 4. Jack Litewka Council of Neighborhood Associations Newsletter 5. T.R. Edlin Critical Mass 6. Joel Brent Posting Flyers 7. Carol Denney Construction Near 1175 University Avenue 8. Maulin Chokshi Live Oak Theater Lease 9. Susan Schwartz Tuesday, September 11, 2012 AGENDA Page 12