Carolyn Jones, Chronicle Staff Writer

Wednesday, October 24, 2007

Berkeley -- Berkeley is home to some of the world's leading scientific, technological and telecommunications research, but good luck getting a cell phone connection there.

Coverage in the bustling college town has been notoriously spotty since the city imposed restrictions on cell-phone towers six years ago amid health and aesthetic concerns, phone users say.

Telecom giant Verizon recently filed a lawsuit in federal court to try and force the city to approve the towers, but little has changed.

The City Council on Tuesday night considered whether to approve five new antennas for Verizon and six new antennas for Nextel. But after a 90-minute public hearing, the council took no action - all five members abstained from deciding the matter.

City Manager Phil Kamlarz had recommended that the council overturn the city zoning board's denial of the permit and allow the antennas to be installed on the roof of the UC Storage building on Shattuck Avenue south of downtown.

The council is scheduled to take up the question again, and possibly take another vote, on Nov. 6.

Before the vote, the City Council met in closed session to discuss settling the Verizon case, which the city's outside attorneys are recommending it do. Other cities that have banned cell-phone towers have lost legal battles, and Berkeley stands to lose about $1 million in attorneys' fees if it loses. But no action was taken in that closed meeting.

"I don't think we have much choice (but to settle)," said City Councilwoman Betty Olds had said before the meetings. "I don't want the city to lose a million dollars. You've got to be realistic about these things."

Verizon sued Berkeley in August over the permit denials, saying that federal law prohibits cities from banning cell-phone towers on the basis of health or aesthetic concerns. The city's lengthy appeal process, in some cases taking over a year, is overly burdensome, according to the lawsuit.

The process takes so long because applications for the transmission tower permits are routed through the design review board, the zoning board and if they're appealed, to the City Council.

"It's not that we're sitting on them," said Zach Cowan, Berkeley's deputy city attorney. "There's a great deal of concern about cell-phone towers proliferating. Some people are concerned about possible aesthetic and health issues."

The World Health Organization recently concluded that cell phones and cell-phone towers pose little health risk, but also stated that more research needs to be done.

Since 2001, the city has approved a handful of new towers, all in the Berkeley flatlands, based on residents' and telecommunication companies' request for improved service.

But others have been denied. South Berkeley residents have signed petitions, lobbied the City Council and even picketed Mayor Tom Bates' house, saying the area has more than its share of cell-phone towers and arguing that Berkeley should stand up to Verizon.

The towers, they say, are ugly and emit dangerous levels of radiation. Until scientific evidence is conclusive, new towers should be banned or strictly limited, they say.

Resident Ellen McGovern wants the city to stand its ground against Verizon. While the "jury's out on the health issues," she said, the city should have the right to dictate where and if new cell-phone towers are allowed.

"Everyone's cell phone works perfectly well here," she said. "It's greed, not need."

The real issue is whether a telecommunications company can override Berkeley's ordinance and democratic process, City Councilwoman Dona Spring said.

"Do we have to say yes to whatever number of cell-phone towers they want to put in? When is enough enough?" said Spring. "It's overkill. It goes way beyond cell phones these days - it's games, Internet, maybe DVDs. It's too much."

Spring said she will keep an open mind when reviewing the lawsuit, but is leaning toward not settling.

"I don't think we should have this knee-jerk reaction just because the lawyers tell us something," she said. "I don't think we should buckle."

Verizon spokeswoman Heidi Flato declined to comment on the lawsuit but said the company wants to build new towers in Berkeley because customers ask for them.

"We only apply for permits when there's a need," she said. "Clearly, in Berkeley there's a need."