Regular Meeting eAgenda
March 11
, 2003

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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online ( as soon as they are finalized.


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Tuesday, March 11, 2003 – 7:00 p.m.

Preliminary Matters

Roll Call

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

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 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Comments from Youth:  A total of 15 minutes is designated to allow youth an opportunity to address the Council.  Each speaker is limited to a maximum of 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.      Minutes for Approval (PDF, 1 MB)

From: City Manager

Recommendation:  Approve the minutes for Council meetings of February 18, 2003 a) closed, b) work session; c) regular, February 24, 2003 closed; February 25, 2003 a) work session and b) regular.

Contact: Sherry Kelly, City Clerk, 981-6900

2.      Needle Exchange Emergency Distribution (PDF, 162 KB)

From: City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from the use of HIV-infected needles among injection drug users, and authorizing the Local Health Officer to take steps to enable the operation of needle exchange emergency distribution.

Contact: Sherry Kelly, City Clerk, 981-6900

3.      Contract: Parking Citation Processing (PDF, 422 KB)

From: City Manager

Recommendation:  Adopt a Resolution ratifying payments to First United Services Credit Union for services already provided and authorizing the City Manager to execute a contract and any amendments with First United for the purpose of processing parking citation payments for a term of two years in an amount not to exceed $100,000.

Contact: Fran David, Finance, 981-7400

4.      Supplemental Military Leave Compensation Policy (PDF, 472 KB)

From: City Manager

Recommendation:  Adopt a Resolution to establish a policy of providing up to one year of supplemental military leave benefit for employees who have one year of employment with the City and have been called up to involuntary active service.

Contact: Nicki Spillane, Human Resources, 981-6800

5.      Appointment of Police Chief (PDF, 188 KB)

From:  City Manager

Recommendation:  Adopt a Resolution confirming the appointment of Roy L. Meisner as Chief of Police at a salary of $156,744 effective March 11, 2003.

Contact:  Weldon Rucker, City Manager, 981-7000

6.      All-Way Stop at Cedar Street and Fourth Street (PDF, 209 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the placement of stop signs on Cedar Street at Fourth Street, in addition to the existing stop signs on Fourth Street at Cedar Street.

Contact: Peter Hillier, Transportation, 981-7000

7.      Fee Waiver: Prader-Willi Syndrome Walk-Along Fund Raising Event (PDF, 74 KB)

From: Councilmember Hawley

Recommendation:  Adopt a Resolution waiving all fees for the Prader-Willi Syndrome Walk-along Event to be held at the Berkeley Marina on Saturday, May 3, 2002 from 10:00 a.m. to 1:00 p.m.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

8.      Support AB 231 to eliminate Fingerprint Imaging  (PDF, 120 KB)

From: Councilmembers Maio and Spring

Recommendation:   Send letters to Assembly Loni Hancock and Senator Don Peralta expressing support for Assembly Member Darrell Steinberg’s AB 231, which would eliminate that Statewide Fingerprint Imaging System, saving $11 million each year and eliminating several lengthy and intimidating steps in the food stamp application process.

Contact: Linda Maio, Councilmember, District 1, 981-7110 and Dona Spring, Councilmember, District 4, 981-7140

9.      May 24th as George Berkeley Day (PDF, 207 KB)

From: Councilmembers Maio and Olds

Recommendation:  Adopt a Resolution recognizing March 12 as the anniversary of George Berkeley’s birth and May 24 as the anniversary of the selection of his name for our city; declare May 24th this year and hereafter as George Berkeley Day, encourage all local residents to join in remembering and commemorating George Berkeley and honoring his memory and the heritage of our community; and urge all civic organizations and individuals to use that date and the traditional pronunciation of George Berkeley’s name, “Barclay,” in memory of the man for whom our town in named.

Contact: Linda Maio, Councilmember, District 1, 981-7110 and Betty Olds, Councilmember, District 6, 981-7160

10.  Presentation: Transportation and Parking in the Downtown  (PDF, 56 KB)

From: Councilmember Maio

Recommendation:  Schedule a ten-minute presentation on March 25, 2003 by U.C. Berkeley Professor Betty Deakin and her graduate students regarding transportation and parking in the downtown.

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

11.  World Health Organization and Framework Convention on Tobacco Control (PDF, 176 KB)

From: Councilmembers Worthington and Spring

Recommendation:  Adopt a Resolution supporting the World Health Organization (WHO) and their Framework Convention on Tobacco Control seeking to establish a global treaty that will help each country limit the devastating economic and health costs of tobacco use.

Contact: Kriss Worthington, Councilmember District 7, 981-7170 and Dona Spring, Councilmember, District 4, 981-7140

12.  Claremont Hotel Boycott (PDF, 139 KB)

From: Councilmember Spring

Recommendation:   1) Ask the City Manager to write a letter to Chancellor Berdahl recognizing that a number of campus departments have gone on record supporting the boycott, and requesting that the Chancellor ask the remaining departments, such as the Haas School of Business, to also honor the Claremont Hotel boycott, thereby supporting all of the hotel employees in their quest for adequate health coverage and a living wage and 2) ask the City Manager to send this request to the Dean of the Haas School of Business.

Contact: Dona Spring, Councilmember, District 4, 981-7140

13.  Full Environmental Restoration at Lawrence Berkeley National Laboratory

a.     From: Community Environmental Advisory Commission (PDF, 298 KB)

Recommendation:  Direct the City Manager to write letters to the Department of Energy, Regional Water Quality Control Board, the Department of Toxic Substances Control, and our federal elected officials objecting to the application of risk-based clean-up standards and request that Lawrence Berkeley National Laboratory (LBNL) receive full funding to restore the property to the highest standards.

Contact: Nabil Al-Hadithy, Secretary 981-7461

b.     From: City Manager (PDF, 42 KB)

Recommendation:  The City Manager concurs with the recommendations of the commission.

Contact: Carol Barrett, Planning, 981-7400


Action Calendar - Presentation

14.  Board of Library Trustees Annual Report (30 minutes including Q&A)
Contact:  Jackie Griffin, Library, 981-6195


Action Calendar – Public Hearing – Scheduled for no sooner than 8:00p.m.

15.  2517 Sacramento Street  (The complete Administrative Record for this matter may be viewed at the City Clerk Department.  This project was appealed by Marie Bowman on March 19, 2002.  A public hearing was held by the City Council on May 7, 2002.  The Council dismissed the appeal and approved use permits for this project on May 28, 2002.)

a.     From: City Manager  (PDF, 2 MB)

Pursuant to the order of the Alameda County Superior Court in Bowman et al v. City of Berkeley (Case No. 2002 057279), the City Council will adopt a Resolution rescinding Resolution No. 61,596-N.S. and will hold a public hearing to consider an application for a 40,171 square foot mixed use project consisting of the demolition of a 5,766 square foot commercial building and construction of a new building containing 3 residential stories above parking and 3,354 square feet of commercial space.  The ground floor would also include a senior housing common area/multi-purpose room, laundry room, lobby, maintenance room and manager office.  The 40 dwelling units located at the second, third and fourth floors would include two-bedroom, one-bedroom, and studio units, 39 of the units would be affordable units for qualifying senior citizens and 1 unit would be reserved for the manager. 17 parking spaces (+1 tandem space) would be provided on site.  The Council may act on this project at the close of the hearing.  Council actions may include adoption of the Mitigated Negative Declaration and approval of the project.

Contact: Carol Barrett, Planning, 981-7400

b.     Communication

1.     Shari Huebner (PDF, 124 KB)

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.


Action Calendar – Old Business

16.  Deconstruction of Bevatron at LBNL (CF#128-2002) (Removed from the Consent Calendar by Councilmember Wozniak on January 14, 2003)

a.     From: Community Environmental Advisory Commission (PDF, 306 KB)

Recommendation:  Send a letter to Director Shank of Lawrence Berkeley National Laboratory (LBNL) requesting: LBNL distribute environmental reviews of Building 51 (Bevatron) when funding is received.  For any further phases of the deconstruction project, before the deconstruction begins, ask LBNL for a summary statement of the goals of the project.

Contact: Nabil Al-Hadithy, Secretary, 981-7461

b.     From: Councilmember Wozniak (PDF, 141 KB)

Recommendation:  Support the commission’s recommendation and in addition, request the City Manager write  letters to Senators Boxer, Feinstein and Representative Lee requesting that they take action to expedite DOE funds to enable LBNL to: 1) complete the full decommissioning, deconstruction and removal of the Bevatron in a timely manner acceptable to the public; and 2) conduct CEQA/NEPA reviews and develop a long-term plan for future uses for the Bevatron site after deconstruction and removal is complete.

Contact: Gordon Wozniak, Councilmember District 8, 981-7180

c.     From: City Manager (PDF, 127 KB)

Recommendation:  The City Manager concurs with the commission’s recommendation asking LBNL for timely environmental reviews and for an outline of future goals for the site and the additional recommendation from Councilmember Gordon Wozniak requesting that the Department of Energy allocate funds to complete the deconstruction in a manner acceptable to the community.

Contact: Carol Barrett, Planning, 981-7400

Action Calendar – New Business

17.  Amendments to Council Rules of Procedure (PDF, 1 MB)

From: Mayor Bates

Recommendation:  That the Council 1) amend the Council Rules of Procedure to clarify and improve the process by which items are reviewed and referred by the Rules Committee; 2) create an alternate on the Rules Committee; 3) appoint Council member Breland as the Alternate on the Committee; 4) change the name of the Rules Committee to the “Agenda Committee” to better reflect its duties; 5) create a “time critical” exception to the agenda process; and 6) establish that the new “Agenda Committee” will be evaluated six months from the adoption of these amendments.

Contact: Tom Bates, Mayor, 981-7100

18.  Sanitary Sewer Program Study

a.     From: Public Works Commission (PDF, 1 MB)

Recommendation:  Direct the City Manager to improve the program in the following manner: 1) continue escalating the Sewer Fund income each year for such factors as inflation and wage inflation, develop firm guidelines to discourage use of the Sewer Fund to support other than the Sanitary Sewer Rehabilitation and Maintenance Program, and increase the income as necessary to implement the program additions noted below; 2) develop a rational for calculation and imposition of indirect costs on all Special Funds; 3) reactivate a program to develop public support for rehabilitation of upper laterals; 4) revise or enact ordinances that simplify the issuance of citations to property owners when upper lateral inspections show rehabilitation is required and direct staff to enforce same if work is not done; 5) develop a plan to provide field measurements in selected sub-basins to determine the reduction in wet weather flows resulting from rehabilitation work accomplished to date; 6) encourage (and fund) establishment of a computer-supported work measurement system which will interface with the GIS system and payroll information on the HTE system to permit evaluation of maintenance operations, support of work management efforts, and development of budgetary support information; and 7) expand the Sanitary Sewer Program Master Plan to include monitoring and upper lateral rehabilitation as required in the Compliance Plan, provision for continuation of the Program after completion of the Compliance Plan, and ongoing maintenance once the overall collection system has been upgraded.

Contact: Jeff Egeberg, Secretary, 981-6406

b.     From: Citizens Budget Review Commission (PDF, 123 KB)

Recommendation:  Support the recommendations of the Public Works Commission resulting from their study of the Sanitary Sewer Program.  The recommendations of the Public Works Commission compliment and are consistent with recommendations made by the Citizens’ Budget Commission in its report to the City Council of May 28, 2002.

Contact: Phil Kamlarz, Secretary, 981-7006

c.     From: City Manager (PDF, 371 KB)

Recommendation:  The City Manager concurs with the scope of the recommendations of the Public Works Commission and requests that recommendations with fiscal implications be referred to the budget process for evaluation and consideration.

Contact:  Rene Cardinaux, Public Works, 981-6300 and Phil Kamlarz, Deputy City Manager, 981-7006

Information Reports

19.  Formal Bid Solicitations and Request for Proposals (PDF, 311 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300

20.  FY ’02 FEMA Grant Funding to Local Governments (PDF, 326 KB)

From: City Manager

Contact: Reginald Garcia, Fire, 981-5500

21.  Homeless Storage Locker Program (CF 127-02) (PDF, 319 KB)

From: City Manager

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

22.  Status of Razor “Nasty” Fence Ordinance  (PDF, 160 KB)

From:  City Manager

Contact:  Carol Barrett, Planning, 981-7400

23.  Mercury Thermometer Ban and Exchange (CF 179-02) (PDF, 217 KB)

From: City Manager

Contact: Carol Barrett, Planning, 981-7400

24.  Legal Authority to Impose 20 MPH Speed Limits (CF 124-02) (PDF, 126 KB)

From: Transportation Commission

Contact: Peter Hillier, Secretary, 981-7000


Communications (PDF, 4 KB)

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

Good Knight Child Empowerment Network, Inc.

1.     Jacqueline Cooper

Not War for Oil

2.     Gunnar Henrioulle

Gunfire on Ward

3.     Sam Herbert

West Campus Pool

4.     Sally Nelson

Nasty Fences

5.     Michael K. Tandy

Marina Plan

6.     Paul Kamen (3)

7.     Sheldon Wechsler

Bill of Rights and the Constitution

8.     Jerry Jensen

EMR Radiation

9.     Delbert Parkinson

Flower Shops in Berkeley

10.  Sophi Mahdavi

High Crime Area

11.  Laura Menard