Rules Committee Actions Summary
Council Draft Agenda - March 11, 2003

printer friendly pdf

Printer-friendly PDF* summary: (40 KB)



Only Commission and Councilmember Reports are posted at this time.  City Manager Reports will be available as part of the Council's final agenda packet. Click on the linked agenda item titles below for Commission and Councilmember reports. 


  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (, telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.








Actions Taken By Rules Committee

The Rules Committee approved the draft agenda with the exception of actions as noted.

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

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

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

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

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.      Contract: Transfer Station Expansion

From: City Manager

Recommendation:  Adopt a Resolution : 1) approving plans and specifications for the Transfer Station Expansion project; 2) accepting the bid of Valentine Corporation and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,091,775 for a period of 180 calendar days; and 3) allocating $608,462 from Refuse Fund Reserve for inclusion in the Transfer Station Expansion Project.

Contact: Rene Cardinaux, Public Works, 981-6300

6.      All-Way Stop at Cedar Street and Fourth Street

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, 121 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 for March 18 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

Action:  Referred to Councilmember Maio to work with the City Manager to come up with an alternative date, possibly March 25th.

11.  World Health Organization and Framework Convention on Tobacco Control (PDF, 174 KB)

From: Councilmembers Worthington and Spring

Recommendation:  Adopt a Resolution supporting the World Health Organization (WHO) and their Framework Convention on Tobacco Control.

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

Action:  Referred to Councilmember Worthington to revise the resolution.

12.  Lawrence Berkeley National Laboratory Eco-Passes for Employees (PDF, 73 KB)

From: Councilmember Spring

Recommendation:  Ask the City Manager to write a letter to the Lawrence Berkeley National Laboratory Director requesting that LBNL negotiate with AC Transit to get eco-passes for all of their employees.

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

Action:  Referred to Councilmember Spring to hold to the meeting of March 18, 2003 and to revise the item.

13.  Claremont Hotel Boycott (PDF, 128 KB)

From: Councilmember Spring

Recommendation:  Ask the City Manager to write a letter to Chancellor Berdahl requesting that all UC Berkeley departments honor the Claremont Hotel boycott so that the hotel employees can receive health insurance and a living wage.

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

Action:  Referred to Councilmember Spring to revise the item for either March 11th or March 18th.

14.  Full Environmental Restoration at Lawrence Berkeley National Laboratory

a.     From: Community Environmental Advisory Commission (PDF, 299 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, 44 KB)

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

Contact: Carol Barrett, Planning, 981-7400


Action Calendar - Presentation

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


Action Calendar – Public Hearing

16.  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

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 hold a public hearing to consider an application for a mixed use project with 34,751 square feet of gross floor area and 5,40 square feet of covered parking at 2517 Sacramento Street in the South Area Commercial (C-SA) District.  The project consists of the demolition of a 5,766 square foot commercial building and construction of a new building containing three 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, and 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 one unit would be reserved for the manager.  17 parking spaces and one tandem space would be provided on site.  The project is entitled to a density bonus and additional concessions or incentives pursuant to Government Code Section 65915 (b) because at least 50% of the total dwelling units will be reserved for qualifying residents as defined in Civil Code Section 51.3.  The following use permits would be required: 1) Use Permit pursuant to Section 23C.08.050 to demolish a 5,766 square foot commercial building; 2) Use Permit pursuant to Section 23E.52.030 to construct a mixed- use development consisting of a four-story, 34,751 gross square feet building with 40 dwelling units, 3,354 square feet of retail space, 18 parking spaces (including one tandem space), with 5,420 square feet of covered parking; 3) Use Permit pursuant to Section 23E.52.050 to construct more than 3,000 square feet of new gross floor area; 4) Use Permit pursuant to Section 23D.40.080.C to reduce the residential parking requirement by 75% based on occupancy of the dwelling units by persons over the age of 62; 5) Use Permit pursuant to Section 23D.40.070.D.5 to reduce the residential paring requirement from 31 to 12 parking spaces and one tandem space in order to encourage a mixed residential/retail development; 6) Use Permit pursuant to Sections 23E.52.070D.5&7 to allow four stories and a maximum height of 47.5 feet for a portion of the building where a maximum of three stories and a height of 36 feet is allowed; 7) Use Permit pursuant to Sections 23E.52.070.D.5&7 to allow the following modifications: a)lot coverage of 70% where 40% is allowed; b) front setback of 0 feet where 15 are required; c) rear setback of 0 feet where 17 feet are required (at 4th floor); and d) street-side yard of 0 feet where 12 feet are required (at 4th floor).  The Council may act on this project at the close of this hearing.  Council actions may include adoption of the attached Mitigated Negative Declaration and approval of the project subject to conditions of approval including a reporting program adopted pursuant to Public Resources Code Section 21081.6 to report on completion of mitigation measures that have been required to avoid significant effects on the environment.

Contact: Carol Barrett, Planning, 981-7400

b.     Communication


Action:  Directed the City Clerk to indicate public hearing would not start prior to 8 p.m.

Action Calendar – Old Business

17.  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, 142 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

Recommendation:  The City Manager concurs with the commission’s recommendation and the additional recommendation from Councilmember Gordon Wozniak to request that money be allocated by the Department of Energy to complete the deconstruction in a manner acceptable to the community.

Contact: Carol Barrett, Planning, 981-7400


Action Calendar – New Business

18.  Amendments to Council Rules of Procedure (PDF, 1.3 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

19.  Sanitary Sewer Program Study

a.     From: Public Works Commission (PDF, 1.1 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, 127 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, 321 KB)

Recommendation:  The City Manager concurs with the scope of the recommendations of the Public Works Commission and requests that recomendations 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


Action Calendar – Items Not Approved by Rules Committee


Information Reports

21.  Formal Bid Solicitations and Request for Proposals

From: City Manager

Contact: Fran David, Finance, 981-7300

22.  FY ’02 FEMA Grant Funding to Local Governments

From: City Manager

Contact: Reginald Garcia, Fire, 981-5500

23.  Homeless Storage Locker Program (CF 127-02)

From: City Manager

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

24.  Status of Razor “Nasty” Fence Ordinance

From:  City Manager

Contact:  Carol Barrett, Planning, 981-7400

25.  Mercury Thermometer Ban and Exchange (CF 179-02)

From: City Manager

Contact: Carol Barrett, Planning, 981-7400

26.  Legal Authority to Impose 20 MPH Speed Limits (CF 124-02) (PDF, 127 KB)

From: Transportation Commission

Contact: Peter Hillier, Secretary, 981-7000



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 (2)

Bill of Rights and the Constitution

7.     Jerry Jensen