Regular Meeting eSummary
March 11
, 2003

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Tuesday, March 11, 2003 – 7:00 p.m.

Preliminary Matters

Roll Call:  7:13 p.m.;  All present.

Ceremonial Matters: 

  1. Proclamation recognizing March 12th as the anniversary of George Berkeley’s birth and declaring May 24th as George Berkeley Day in honor of his name for the City of Berkeley.

  2. Proclamation declaring March as National Nutrition Month.

Action:  Proclamations presented.

Comments from the City Manager: 
The City Manager announced a series of Disaster Resistant Town Hall Meetings, with the first occurring on March 12th from 7 p.m. to 9:30 p.m. at the Northbrae Church.

Comments from the Public:  11 speakers.

Comments from Youth:  4 speakers

Consent Calendar

Moved, seconded and carried (Olds/Worthington) to adopt the Consent Calendar in one motion except as indicated:

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

Action:  Approved minutes.  (Abstain – Hawley on February 24, 2003 (closed)

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

Action:  Adopted Resolution No. 61,958–N.S. (PDF, 77 KB)

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

Action:  Adopted Resolution No. 61,959–N.S. (PDF, 77 KB)

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

Action:  Adopted Resolution No. 61,960–N.S. (PDF, 131 KB)

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

Action:  Adopted Resolution No. 61,961–N.S. (PDF, 68 KB)

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

Action:  Adopted Resolution No. 61,962–N.S. (PDF, 68 KB)

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

Action:  Adopted Resolution No. 61,963–N.S. (PDF, 62 KB)

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

Action:  Approved recommendation.

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

Action:  Adopted Resolution No. 61,964–N.S. (PDF, 125 KB)

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

Action:  Approved recommendation with the presentation to occur on May 13, 2003.

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

Action:  Adopted Resolution No. 61,965–N.S. (PDF, 121 KB)

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

Action:  Approved recommendation. (Abstain – Wozniak)

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 imposition 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:  Removed from the Consent Calendar by Councilmember  Wozniak.  Moved, seconded, carried (Wozniak/Maio) to approve the recommendation amended to delete the word “application” and replace with the word “imposition” and to include additional clarifying language within the text of the report.

Action Calendar - Presentation

14.  Board of Library Trustees Annual Report (PDF, 3.5 MB) (30 minutes including Q&A)
Contact:  Jackie Griffin, Library, 981-6195

Action: Presentation made.


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) 

Action:  Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 61,966-N.S. (PDF, 213 KB) rescinding Resolution No. 61,596-N.S. as required by order of the Alameda County Superior Court in Bowman, et al. v. City of Berkeley.

Public Testimony: The Mayor opened the public hearing.  38 speakers were heard. The Mayor closed the public hearing.

Action: Moved, seconded, carried (Shirek/Maio; Noes – Olds, Wozniak) to adopt Resolution No. 61,967–N.S. (PDF, 2.5 MB) adopting a Mitigated Negative Declaration and approving Use Permit #01-10000085 to demolish an existing commercial structure and construct a 4 story mixed-use building with 34,751 sq. ft. of gross floor area and 5,420 sq. ft. of covered parking including 40 dwelling units and 3,354 sq. ft. of retail space.

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

Actions: Moved, seconded, failed (Spring/Worthington; Noes – Maio, Breland, Shirek, Hawley, Olds, Wozniak, Bates; Abstain – Worthington) a substitute motion to approve the City Manager’s recommendations and ask LBNL for an EIR/EIS of the Bevatron including future uses of the site.

Moved, seconded, carried (Wozniak/Shirek) a main motion to approve the recommendations of the commission, Councilmember Wozniak and the City Manager.

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

Action: Moved to the Consent Calendar by Councilmember Worthington and adopted Resolution No. 61,968-N.S. (PDF, 1.5 MB)

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

Action: Held over to the meeting of March 25, 2003 by the City Manager at the request of the Commission.

Information Reports

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

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

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

From: City Manager

Contact: Reginald Garcia, Fire, 981-5500

Action: Received and filed.

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

From: City Manager

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

Action: Received and filed with additional wording by Councilmember Worthington to include that reductions will only occur after replacement lockers are under contract and in operation.

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

From:  City Manager

Contact:  Carol Barrett, Planning, 981-7400

Action:  Received and filed.

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

From: City Manager

Contact: Carol Barrett, Planning, 981-7400

Action: Received and filed.

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

From: Transportation Commission

Contact: Peter Hillier, Secretary, 981-7000

Action: Received and filed.

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 (Spring)

2.     Gunnar Henrioulle

Gunfire on Ward  (Spring)

3.     Sam Herbert

West Campus Pool (Breland, Spring)

4.     Sally Nelson

Nasty Fences (Breland, Spring)

5.     Michael K. Tandy

Marina Plan

6.     Paul Kamen (3)

7.     Sheldon Wechsler

Bill of Rights and the Constitution (Breland)

8.     Jerry Jensen

EMR Radiation (Breland)

9.     Delbert Parkinson

Flower Shops in Berkeley (Breland, Olds, Spring)

10.  Sophi Mahdavi

High Crime Area (Breland, Spring)

11.  Laura Menard

Supplemental Reports and Communications #1 (PDF, 4 KB)

Item 15

2517 Sacramento Street (PDF, 616 KB)

12.  The City of Berkeley Master Plan – This document is on file at the City Clerk Department at 2180 Milvia Street, Berkeley, CA 94704

13.  Nancy Bickel

14.  Walter Wood

15.  Marcy Straw and Mark Westlund

16.  Carol Denney

17.  Peter Teichner

Item 22

Status of Razor “Nasty” Fence Ordinance

18. Michael Tandy

Supplemental Reports and Communications #2

Item 15

2517 Sacramento Street 

  1. Peter Teichner 

  2. Marie Bowman

  3. Howie Muir


Adjourned at 11:49 p.m.