REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, MARCH 28, 2000

SUMMARY

Preliminary Matters

 Roll Call:  7:21 p.m.  All present.

Ceremonial Matters: 

            Proclamation:  Year 2000 Census Day, April 1, 2000, Ensure That Berkeley Counts!
            Action:  Presented proclamation.

Comments From The City Manager: 

• Schedule for Council consideration of Living Wage Ordinance will begin May 16.

• The Parks and Waterfront Department is scheduling an All Crew Work Day each month.

• The Demolition Ordinance will be heard at a joint meeting of the Planning Commission and Landmarks Preservation Commission on March 29.

• The Police Department has decals on all vehicles reminding citizens of pedestrian safety.

• The I-80 pedestrian overpass bid opening was held today; all bids exceeded the amount allocated by Council.

Comments From The Public:  Fourteen speakers.

Consent Calendar

Action:  Moved, seconded, carried (Worthington/Spring; Absent - Woolley) to approve the Consent Calendar in one motion except as indicated.  

1. Contract:  Berkeley TRiP
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the Regents of the University of California to act as administrator for Berkeley TRiP for FY 2000.
Contact:  Wendy Cosin, Planning, 705-8105
Action:  Adopted Resolution No. 60,473-N.S.

2. Equity Salary Increase for Traffic Engineer
From:  City Manager
Recommendation:  Adopt a Resolution amending Resolution No. 60,051-N.S., Classification and Salary Resolution for Local One employees, to approve a 9% equity salary increase for the Traffic Engineer classification, effective April 2, 2000.
Contact:  Ronald Brown, Personnel, 665-7606
Action:  Adopted Resolution No. 60,474-N.S.

3. Purchase Order:  Electrical Supplies
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to increase purchases in an amount not to exceed $110,000 with Graybar Electric through June 30, 2000 for electrical supplies for the Public Works Department.
Contact:  Frances David, Finance, 644-6896
Action:  Adopted Resolution No. 60,475-N.S.

4. Purchase Order:  Paper Products
From:  City Manager
Recommendation:  Adopt a Resolution authorizing an increase in a purchase order with Unisource in an amount not to exceed $50,000 for recycled paper and related paper products for the Finance Department.
Contact:  Frances David, Finance, 644-6896
Action:  Adopted Resolution No. 60,476-N.S.

5. Contract:  Domestic Violence Prevention Program
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager's expenditure in excess of $25,000 to complete execution of a contract and any amendments with the Public Health Institute, Center for Women's and Children's Health, to provide evaluation expertise, including survey development and data analysis, in collaboration with the Domestic Violence Prevention Program, in an amount not to exceed $37,500 for the period July 1, 1996 through June 30, 1999.
Contact:  Fred Medrano, Health and Human Services, 665-6459
Action:  Adopted Resolution No. 60,477-N.S.

6. Identifications Numbers on City-Owned Vehicles
From:  Councilmember Olds
Recommendation:  Require that all vehicles used by the City have identification numbers posted on both front doors of the vehicle under the City logo.
Contact:  Betty Olds, Councilmember District 6, 644-6399
Action:  Approved recommendation.

7. Discussion of the General Plan Workshop Situation
From:  Polly Armstrong
Recommendation:  Hold a discussion tonight on the concerns that have arisen with the General Plan Workshops.
Contact:  Polly Armstrong, Councilmember District 8, 644-6401
Action:  Removed from the Consent Calendar by Councilmember Worthington and discussed with Item 31.

8. Commendation to City's Finance Department for Delivering Refuse Fee Refunds
From:  Mayor Dean
Recommendation:  Commend the City's Finance Department for delivering refuse fee refunds in such a customer-friendly manner. 
Contact:  Barbara Gilbert, Mayor's Assistant, 644-6484
Action:  Approved recommendation.

9. Support S.B. 1995, Creation of a Congestion Reduction Plan
From:  Mayor Dean
Recommendation:  1) Support S.B. 1995 (Perata),  which would require the Metropolitan Transportation Commission to: a) prepare and adopt a comprehensive congestion reduction plan, b) allocate transportation project funding to projects which are consistent with the plan and to give first priority for state and federal matching funds to those projects identified in the plan as high priority, and c) require the MTC and the state Department of Transportation (DOT) to prepare a plan for integrated transportation system management; 2) support mechanisms to provide for greater MTC rationality and accountability in decision making including:  the establishment of a nine-county Bay Area-wide transportation convention every two years, concomitant with the two-year update of the Regional Transportation Plan (RTP); and videotaping and broadcasting of MTC meetings; and 3) notify Senator Perata and the City's Sacramento lobbyist of the City's position.
Contact:  Barbara Gilbert, Mayor's Assistant, 644-6484
Action:  Removed from the Consent Calendar by Councilmember Breland and held over to April 4, 2000.

10. Support S.B. 1809, Balanced Transportation for Livable Communities Act of 2000
From:  Councilmember Worthington
Recommendation:  Support S.B. 1809 (Johnston), the Balanced Transportation for Livable Communities Act of 2000, and send letters of support to Senator Don Perata and all the members of the State Senate Transportation Committee.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action:  Removed from the Consent Calendar by Councilmember Worthington and held over to April 4, 2000.  

11. College/Hillegass Avenue Repaving Plan
From:  Councilmember Worthington
Recommendation:  Request from the City Manager a written plan to give to the neighborhood and business associations regarding issues such as parking, removal and addition of traffic diverters, and notification of neighborhoods and businesses.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action:  Approved recommendation amended by Councilmember Olds to also refer to the City Manager development of a plan which will apply to other large Public Works projects.

12. Proclamation: East Bay Million Mom March
From:  Councilmembers Worthington, Spring, Maio and Vice Mayor Shirek
Recommendation:  Support the proclamation on East Bay Mother's Day March for Common Sense Gun Laws - Million Mom March to be held on Sunday, May 14, 2000.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266; Linda Maio, Councilmember District 1, 644-6359; and Maudelle Shirek, Councilmember 3, 644-6243
Action:  Approved recommendation.

13. Small Business Preference Program (to be delivered)
From:  Councilmember Maio
Recommendation:  Direct the City Manager to develop a small business preference program that would have two dimensions:  1) a "Preferred Berkeley Business" program including an emblem or decal for storefronts of qualifying businesses, accompanied by a public educational and promotional campaign to "buy Berkeley"; and 2) request staff and the Planning Commission to develop planning and zoning proposals, similar to those offered in the book "Home Town Advantage," particularly for the retail growth areas such as the commercial nodes in West Berkeley.
Contact:  Linda Maio, Councilmember District 1, 644-6359
Action:  Removed from the Consent Calendar by Councilmember Maio and held over to April 4, 2000.

14. Council Subcommittee on City Manager Evaluation
From:  Mayor Dean
Recommendation:  Appoint Councilmember Olds to the Subcommittee for the City Manager Performance Evaluation process.
Contact:  Tamlyn Bright, Mayor's Assistant, 644-6484
Action:  Removed from the Consent Calendar by Councilmember Maio and held over to April 4, 2000.

15. Peralta Community College District Board Termination of Vista College President
From:  Vice Mayor Shirek and Councilmember Spring
Recommendation:  Adopt a Resolution requesting that the Peralta Community College District Board of Trustees rescind their decision to terminate Dr. Barbara Beno's tenure as President of Vista College
Contact:  Maudelle Shirek, Councilmember District 3, 644-6243; Dona Spring, Councilmember District 4, 644-6266
Action:  Adopted Resolution No. 60,478-N.S.

16. World Bank Bonds
From:  Councilmember Spring
Recommendation:  Adopt a Resolution agreeing to not purchase bonds issued by the International Bank for Reconstruction and Development (the World Bank.)
Contact:  Dona Spring, Councilmember District 4, 644-6266
Action:  Adopted Resolution No. 60,479-N.S. (Abstain - Armstrong)

17. Solano Stroll and Library of Congress Bicentennial Local Legacies Project
From:  Mayor Dean
Recommendation:  Each Councilmember contribute 1/9^th of the cost ($126 each), toward $1134 of the City's share of Solano Avenue Association costs associated with registering the Stroll as a Library of Congress Bicentennial Local Legacies Project.            
Contact:  Barbara Gilbert, Mayor's Assistant, 644-6484
Action:  Removed from the Consent Calendar by Mayor Dean and held over to April 4.

18. Berkeley Marina Radisson
From:  Councilmember Worthington and Maio, and Mayor Dean
Recommendation:  Support and adopt a Resolution regarding possible violations of the City's lease with William J. Boykin doing business as the Berkeley Marina Radisson.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359; Shirley Dean, Mayor, 644-6484
Action:  Adopted Resolution No. 60,480-N.S.

19. Proclamation:  Julia Butterfly Hill
From:  Councilmembers Woolley and Olds and Vice Mayor Shirek
Recommendation:  Proclaim Sunday April 2, 2000 as Julia Butterfly Hill day and issue a proclamation to honor Julia Butterfly Hill for her extraordinary accomplishment in saving the life of Luna, the redwood tree she lived in, and with, for two years, and for her steadfast love of Luna which shone a light on the plight of the ancient redwoods and the international environmental movement, and the women who lead it.
Contact:  Diane Woolley, Councilmember District 5, 644-6294; Betty Olds, Councilmember District 6, 644-6399; and Maudelle Shirek, Councilmember District 3, 644-6243
Action:  Approved recommendation.

20. Grant for Home At Last and Paws for Thought
From:  Councilmember Spring
Recommendation:  Adopt a Resolution modifying the original grant for $17,500 to the nonprofit animal rescue group, Home At Last to also include Paws for Thought and an additional $5,000 for expenses to be incurred in the next six months rescuing animals from death at the Berkeley Animal Shelter and for assisting homeless peoples' animals.
Contact:  Dona Spring, Councilmember District 4, 644-6266
Action:  Removed from the Consent Calendar by Councilmember Woolley.   Moved, seconded, carried (Spring/Maio; Absent - Woolley) to adopt Resolution No. 60,481-N.S.

Action Calendar

21. Continued Public Hearing and Decision on Zoning Appeal of Use Permit #99-10000040-2336 Fifth Street (Public hearing continued from March 21 meeting.  Reports and communications related to public hearing that were distributed to Council when the issue was first heard are not included. See agenda packet of February 22, 2000 for background information.)
a. Appeal filed by Michael Goldin of the Zoning Adjustments Board decision of October 28, 1999, which denied the construction of two commercial (office and live/work) buildings totaling 23,000 square feet; the construction of a building with a height of 35 feet where a maximum of 28 feet is prescribed for buildings containing live/work units; and the designation up to 10% of the required 39 parking spaces as bicycle parking spaces.
b. City Manager Report (February 8, 2000)
Recommendation:  Set the matter for a public hearing on March 21, 2000 to consider the proposed project and proposed housing and childcare mitigations to be submitted by the Office of Economic Development.
Contact:  Wendy Cosin, Planning and Development, 705-8105
c. City Manager Report (March 21, 2000)
Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution approving Use Permit #99-10000040, subject to floor plan modifications to make it consistent with the Zoning Ordinance, based on the Findings and subject to the Conditions of Approval and refer Table 23E.84.070 to the Zoning Revisions list.
Contact: Wendy Cosin, Planning and Development, 705-8105
d. Communication: (February 8, 2000)
1. Michael Goldin, Applicant
2. Robert Hourula, Sirpa Tuomainen, and Bob Howard, Fifth and Channing neighbors.
e. Communication:  (March 21, 2000)
1. Gene Poschman, Zoning Adustments Board member
2. Joseph and Natalia Munoz
3. Stephanie Manning
4. Robert Hourula
5. Sirpa Tuomainen
6. Bob Howard
7. Jerry Sears and Mary White
8. Duplicate letter signed by Jeremy Anson and Meridee Carter, Clinton Dexter; Joe Guribe; Chris Zapit; Robert Hourula; and Gunn Atirn
9. Seth Wachtel
10. Stan Huncilman
Supplemental Communication (March 21, 2000)
11. Mary White
12. Rachel Rupert
13. Cyrus Harmon

Public Testimony:  Five speakers heard.  Moved, seconded, carried (Olds/Armstrong; Noes - Spring; Absent - Woolley) to close the public hearing.

Actions:  Moved, seconded, failed (Breland/Shirek; Noes - Armstrong, Maio, Olds, Dean; Absent - Woolley) the substitute motion to remand the matter to the Zoning Adjustments Board to consider the revised plans, height and parking.

Moved, seconded, failed (Olds/Armstrong; Noes - Breland, Maio, Shirek, Spring, Worthington; Absent - Woolley) to overrule the Zoning Adjustments Board’s decision and approve the plans with reduction in height, removal of curb cuts and revision of floor plans.

Held over to April 4, 2000 to give staff an opportunity to notify neighbors of the plan changes and to hold a meeting to discuss the plan with the neighbors.

Old Business:

22. Contract Amendment: Civic Center Building (removed from the Consent Calendar by Councilmember Worthington and held over from March 14, 2000 meeting)
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendments with ELS/Elbasani & Logan Architects for architectural and engineering services for the Martin Luther King, Jr. Civic Center Building project by increasing the contract amount by $250,000 for a total contract amount not to exceed $2,500,000.
Contact:  Rene Cardinaux, Public Works, 665-7550
Action:  Moved to the Consent Calendar by Mayor Dean.  Adopted Resolution No. 60,482.  (Noes - Worthington; Absent - Woolley)

23. Confidential Executive and Management Pay Plan (removed from the Consent Calendar by Councilmember Worthington and held over from March 14, 2000 meeting)
From:  City Manager
Recommendation:  Adopt a Resolution amending Resolution No. 59,841-N.S., Classification and Salary Resolution for Unrepresented Employees, to revise the salary ranges for selected Confidential Executive and Management classifications, and to set a salary for the City Auditor, effective March 19, 2000.
Contact:  Ron Brown, Personnel, 665-7606
Actions:  Moved, seconded (Worthington/Spring) a main motion to approve the salary range increases for each position up to a 6% maximum increase.

Moved, seconded, carried (Maio/Armstrong; Noes - Worthington; Absent - Woolley) a substitute motion to adopt Resolution No. 60,483-N.S. revising salary ranges and Resolution No. 60,484-N.S. setting a salary for the City Auditor at $8,093/month effective March 19, 2000.  Referred to the City Manager a request for a report on pay per performance standards.

24. Contract:  Sather Gate Garage Revenue System (removed from the Consent Calendar by Councilmember Armstrong and held over from March 14, 2000 meeting)
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with International Parking Design, Inc. to provide engineering and design services for a new revenue and access control system at Sather Gate Garage located at 2450 Durant Avenue in an amount not to exceed $60,300 for a period of 240 days.
Contact:  Rene Cardinaux, 665-7550
Action:  Moved, seconded, carried Worthington/Spring; Absent - Woolley) to adopt Resolution No. 60,485-N.S. amended to request that the City Manager look at ways at having the operational costs of the garage be paid for out of garage revenues.

25. Berkeley Redevelopment Agency Annual Report for Fiscal Year 1998-99 (Removed from Consent Calendar by Mayor Dean and held over from March 21, 2000 meeting)
From:  City Manager
Recommendation:  Adopt a Resolution accepting the Berkeley Redevelopment Agency’s Annual Report for Fiscal Year 1998-99.
Contact:  Wendy Cosin, Planning, 705-8108
Action:  Held over to April 4, 2000.

26. Reduce 5-Ton Limit in Residential Areas and Limit Misuse of Visitor Parking permits (removed from the Consent Calendar by Councilmember Armstrong and held over from March 14, 2000 meeting)
From:  Councilmember Worthington and Vice Mayor Shirek
Recommendation:  Refer to the City Manager to 1) reduce the 5-ton weight limit to a 3 or 4-ton weight limit in residential areas and 2) explore solutions to limit the misuse of visitor parking permits.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398 and Maudelle Shirek, Vice Mayor District 3, 644-6243
Actions:  Moved, seconded, carried (Worthington/Spring) to approve the recommendation.  On the severed motion:  1) reduce the 5-ton weight limit to a 3 or 4-ton weight limit in residential areas (Noes - Armstrong, Olds; Abstain - Dean; Absent - Woolley).  Mayor Dean stated for the record that she voted "no" because she would prefer to wait until there is a citywide truck plan.  On motion 2) explore solutions to limit the misuse of visitor parking permits (Absent - Woolley).

27. Purchase:  Microphone, Speaker(s) and Recording Device (removed from the Consent Calendar by Councilmember Armstrong and held over from March 14, 2000 meeting)
From:  Councilmember Worthington
Recommendation:  Adopt a Resolution authorizing the purchase of microphone, speaker(s) and recording devices to be used at the General Plan meetings, Southside Plan meetings and other community meetings.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action:  Held over to April 4, 2000.

28. Alcohol Outlets in South and West Berkeley (removed from the Consent Calendar by Councilmember Olds and held over from March 14, 2000 meeting)
From:  Councilmember Breland and Vice Mayor Shirek
Recommendation:  Request the City Manager develop a land use and economic development strategy to reduce the number of off-sale outlets in South and West Berkeley, including consideration of:  1) establishment of a special fund and dedicated revenue source to buy out and extinguish alcohol permits over time; 2) creation of incentives in the City’s business loan program for loans to business owners who want to convert liquor stores to another use; and 3) prioritizing Housing Trust Funds for projects that rehabilitate existing housing or develop new housing while extinguishing a ground floor alcohol outlet.
Contact:  Margaret Breland, Councilmember District 2, 644-6400 and Maudelle Shirek, Vice Mayor District 3, 644-6243
Action:  Moved, seconded, carried (Breland/Armstrong; Absent - Woolley) to approve the recommendations revised to include 4) to require public input when an existing off-sale alcohol outlet changes ownership.

29. Playing Fields (removed from the Consent Calendar by Councilmember Worthington and held over from March 14, 2000 meeting)
From:  Mayor Dean
Recommendation:  Refer to the City Manager the consideration of two new policies regarding playing fields as follows:  1) in the selection of playing field sites being considered for further study, that no studies, even informal ones, be undertaken until an effort has been made to contact known neighborhood, crime watch, or other similar groups to advise them of what is being done and they are given official assurance of their involvement from the beginning of the study; and 2) to clarify for staff that Council does not prefer one recreational activity over another, so that if an existing recreational facility is already well-used and in reasonable repair, the existing facility should not be a candidate for replacement with another facility for a different sport.
Contact:  Shirley Dean, Mayor, 644-6484 and Jennifer Drapeau, Chief of Staff, Mayor’s office, 644-6484
Action:  Moved, seconded, carried (Worthington/Spring; Absent - Woolley) to refer to Parks and Recreation Commission.  

30. Establishment of Small Business Support Program (removed from the Consent calendar by Mayor Dean and held over from February 22 and March 14, 2000 meetings) to be delivered
From:  Mayor Dean
Recommendation:  Refer to the City Manager the establishment of a Small Business Support Program based upon the following recommendations:  1) Business skills Development, 2) City purchasing program favoring Berkeley businesses; 3) improving communication between businesses and City; 4) increase ownership of location site by businesses; 5) concerted opposition to Internet sales tax exemption; 6) partner with existing resources such as the U.S. Conference of Mayors Partner America Program, the Haas School of Business, and the East Bay Center for International Trade.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484
Action:  Held over to April 4, 2000.

31. Discussion of Planning Department and Planning Commission Work Load (removed from Consent Calendar by Councilmember Worthington and Mayor Dean and held over from February 15, February 22 and March 14 meetings)
From:  Mayor Dean
Recommendation:  Hold a discussion with staff and the Planning Commission on 2/15/00 regarding workload.  Discussion to include consideration of: 1) adoption of a later date than Fall 2000 for forwarding the General Plan to Council for approval; and at this time; 2) give highest priority to completing the Southside Plan, responding to UC-Berkeley’s New Century Plan and other UC site specific projects that are time sensitive, so that planning implications can be fully and adequately studied and responded to by residents, commissions, Council and staff; and 3) request a report from the Planning Commission and staff for a new time line for review by residents and completion of the Master Plan, taking into account the above priorities.  Recommendations are to come to the Council for approval including recommendations for the allocation of necessary resources to complete the process; and 4) unless there are issues that are compelling and urgent, Council refrain from adding new planning issues to the Commission’s agenda during this time period. 
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Moved, seconded, carried (Worthington/Spring; Absent - Woolley) to approve the City Manager and Planning Commission recommendations as follows:  1) endorse the Planning Commission and Planning Department General Plan and Southside Plan Public Participation Schedules recognizing that the timelines may change to respond to community and or Commission requests to add or delay community meetings to address additional community issues; and 2) direct staff to prepare an EIR on the 3^rd Draft General Plan in accordance with the schedule.   The Council also requested that future meetings be held in several locations for inclusion of all neighborhoods and that a schedule of meeting dates and locations be provided to Council and publicized.

32. University Avenue Medians and Streetscape Plan (held over from February 15, 22, and March 14, 2000 meetings)
From:  Councilmember Maio
Recommendation:  Refer to the City Manager and the Budget Review the need for a landscaping design plan for University Avenue and for an irrigation system and permanent planting on the medians.
Contact:  Linda Maio, Councilmember District 1, 644-6359
Action:  Moved, seconded, carried (Olds/Maio; Absent - Woolley) to approve the recommendation.

33. Landmarks Preservation Commission Notices of Decisions: 801 Grayson Street (Philadelphia Quartz site); 2144 Shattuck Avenue (Wells Fargo Building); 2555 Rose Walk; three blocks bounded by University Avenue, Hearst Avenue, I-880 and 4^th Street, including 620 Hearst Avenue, 1916 2^nd Street, 1916 2^nd Street, 1920 2^nd Street, 642 Hearst Street, 701 University Avenue, 1900 4^th Street and the northbound off-ramp (eastern side) of I-880, etc. (moved to Action Calendar by Councilmember Armstrong and held over from March 21 meeting)
(BMC 3.24.190 allows Council to move this report to “Action” to certify the decision and set a public hearing)
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Moved the item back to Information Reports.  Councilmember Worthington requested a written report regarding the issue of the City filing an appeal and the legal advice related to this.

34. Pedestrian Right-of-Way and Speed Laws on Martin Luther King Jr. Way (removed from the Consent Calendar by City Manager and held over from the February 22 and March 14, 2000 meetings)
From:  Commission on Aging
Recommendation:  Remind the Berkeley Police Department to enforce the pedestrian right-of-way and speed laws, especially on Martin Luther King Jr. Way.
Contact:  Silver Ward, Secretary, 644-6050
a. City Manager Report
Recommendation:  The City Manager thanks the Commission on Aging for its recommendation, but the Police Department and Chief of Police take the enforcement responsibility very seriously and will make all efforts to enforce traffic and safety laws.
Contact:  Fred Medrano, Health and Human Services, 644-6459
Action:  Held over to April 4, 2000 with a revision from Councilmembers Armstrong, Olds, Woolley and Mayor Dean.

35. Contracts:  University of California (held over from March 14, 2000 meeting)
From:  Peace and Justice Commission
Recommendation:  Adopt a Resolution 1) providing that all proposals to contract with entities engaged in work for nuclear weapons, including any contracts between the University of California Berkeley and the City which involve the provision of revenue to the City, and the exchange of services without monetary compensation, except for the nine contracts specifically enumerated in Resolution No. 59,763-N.S., be subject to review by the Peace and Justice Commission, or other appropriate commissions, prior to being noticed on any Council agenda; and rescinding Resolution No. 59,779-N.S.; and 2) authorizing the Peace and Justice Commission (a) to continue to review any request for waiver of the Nuclear Free Berkeley Act for monetary contracts with the University of California; (b) that such review occur at least eight weeks prior to the time the contract is submitted to the Council, or at the earliest time when the City Manager becomes aware that actions being proposed will require a waiver of the Nuclear Free Berkeley Act; (c) that copies of such proposed contracts be made available for inspection and copying at a rate of no more then ten cents per page to any citizen prior to the listing of such contract on the Council agenda; (d) that notice of proposals to waive the Nuclear Free Berkeley Act be mailed free of charge to any person having an address within this City who seeks such notice by applying through the Office of the City Clerk; (e) such notice should advise persons of the dollar amount of the proposal, what types of services the proposed contract is for, the parties whom the contract is with, the date the matter is due to be brought before the Council, and that copies of the contract are available for inspection at the Office of the City Clerk; and (f) that any contract approved without following the above specified procedure shall be null and void.
City Manager Report
Recommendation:  Take no action until staff has a chance to review and comment on the report.  Staff will return to Council with an analysis and recommendation at the meeting of May 9, 2000.
Contact:  Manuel Hector, Secretary, 665-6880
Action:  Held over to April 4, 2000.

New Business:

36. Redevelopment Agency Funds for I-80 Overcrossing (to be delivered)
From:  City Manager
Recommendation:  Take all necessary actions to make up the funding shortfall on the I-80 Bicycle/Pedestrian Overcrossing project out of Redevelopment Funds and update on bid opening for Project.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Held over to April 11, 2000.

37. Vertical Deflection Devices and the Bicycle Boulevard Report
From:  Commission on Disability
Recommendation:  Direct the City Manager to endorse the "Bicycle Boulevard Design Tools and Guidelines" for the Transportation Commission because all vertical deflection devices have been removed; and that Council not consider vertical deflection devices in any plan for traffic calming for the City.
Contact:  Virginia Vafa, Secretary, 665-3440
City Manager Report
Recommendations:  1) Take no action to endorse the "Bicycle Boulevard Design Tools and Guidelines" until April 4 Council meeting when Transportation Commission will be presenting the Bicycle Boulevard Plan; and 2) the issue of vertical deflection devices has already been referred to the Traffic Calming Subcommittee, Bike Boulevard group and Commission on Disability.  This item should be taken up on a future agenda.
Contact:  Weldon Rucker, Deputy City Manager, 644-6580
Action:  Moved, seconded, carried (Worthington/Maio; Absent - Woolley) to approve City Manager recommendation to hold over to April 4, 2000.  Requested the City Manager provide information to Council regarding locations of current Vertical Deflection Devices.

38. Reorganization of Disability-Related Functions
From:  Commission on Disability
Recommendations:  1) Establish an Office of Disability Programs; 2) adopt a proposed organizational structure; 3) adopt two Resolutions (a) amending Section 1 of Resolution No. 60,051-N.S. Classification and Salary Resolution for Local One Employees, to establish the Disability Programs Manager classification and (b) amending Section 1 of Resolution No. 59,883-N.S., Classification and Salary Resolution for Service Employees Union Local 535 Employees, to establish the Disability Services Specialist Classification and to abolish the Disability Compliance Coordinator classification; 4) transfer existing disability -related positions and functions from Department of Public Works, Housing Department and Division of Mental Health to Office of Disability Programs; 5) transfer the contract monitoring and program oversight responsibilities for agencies receiving City funding to provide direct services to persons with disabilities to Office of Disability Programs; 6) maintain the assignment of Office of Disability Programs in the City Manager's Office for the first year while staff is hired; 7) support community advocacy efforts as one of the functions of the Office of Disability Programs; and 8) authorize additional funding of $242,385 for FY 2001 plus $40,398 for FY2000 for the Office of Disability Programs.
Contact:  Virginia Vafa, Secretary, 665-3440
a.  City Manager Report
Recommendations:  1) Refer the Commission on Disability's recommendations to the budget process, with the exception of upgrading the current authorized Assistant Management Analyst position to the newly created Disability Services Specialist position; 2) authorizing funding from FY2000 salary savings to allow immediate hiring of a Disability Services Specialist, replacing an Assistant Management Analyst; and 3) encourage Commissioners to become fully aware of City policy and procedures and devise realistic work program in consideration of staffing, operational and fiscal capacity.
Contact:  Weldon Rucker, Deputy City Manager, 644-6580
Action:  Moved, seconded, carried (Breland/Spring; Absent - Woolley) to approve the City Manager recommendations 1 and 2 and adopt Resolution No. 60,486-N.S. and Resolution No. 60,487-N.S.; and to revise recommendation 3 to commend the Commission on Disability.

Information Reports

39. Pedestrian Safety - Ashby Avenue/Tunnel Road Corridor (CR 99-145)
From:  City Manager
Contact:  Rene Cardinaux, Public Works, 665-3439
Action:  Moved to Action Calendar by Councilmember Spring and held over to April 4, 2000.

40. Living Wage for Paratransit Drivers
From:  Commission on Disability
Contact:  Virginia Vafa, Secretary, 665-3440
Action:  Received and filed.

41. Living Wage Ordinance (to be delivered)  
From:  City Manager
Contact:  Fran David, Finance, 644-6896
Action:  Moved to Action Calendar by Councilmember Worthington.  Heard an oral report. Received and filed.  

42. Use of Berkeley Redevelopment Agency Funds for I-80 Bicycle Pedestrian Overcrossing (to be delivered)
From:  City Manager
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Received and filed.

Communications

Action:  The following communications were read, noted and filed unless referred to the City Manager for a response:
 
1. Irene Kahn, re mandatory spay and neuter ordinance  Woolley
2. Black Repertory Group Theater, re key to theater  Shirek
3. Petition with eight names re storm drain catch basin at 1042 Keith Worthington, Olds, Maio, Spring
4. Dave Williamson, re steel tower on new Public Safety Building  Worthington, Spring, Maio
5. Peggy Schioler, re property values  Olds
6. W. B. Caldeira, Berkeley Rent Stabilization Program Crisis
7. Matthew Hermann and Susan Lydon, re street sweeping  Woolley  
8. Gene Barone, Manager, Moe's Books, re Sather Gate Garage  Worthington, Maio, Spring

SUPPLEMENTAL COMMUNICATIONS
AND AGENDA REPORTS

Item 21 - Continued Public Hearing and Decision on Zoning Appeal of Use Permit
     #99-10000040-2336 Fifth Street
9. Jeremy Anson and Meridee Carter  Worthington, Breland

Item 28 - Alcohol Outlets in South and West Berkeley
10. Sam Dyke, Chair, Adeline-Alcatraz Merchants Association  Worthington, Breland, Spring
11. Teresa Clarke, Project Manager, Northern California Land Trust   Worthington, Breland, Spring

Item 29 - Playing Fields
12. Rosemary J. Riesenfeld

Item 30 - Establishment of Small Business Support Program
13. Mayor Shirley Dean, report.  

Item 31.a & b- Discussion of Planning Department and Planning Commission Work Load
14. Berkeley Planning Commission, report
15. City Manager, report

Item 34 - Pedestrian Right-of-Way and Speed Laws on Martin Luther King Jr. Way
16. Mayor Shirley Dean, Councilmembers Diane Woolley, District 5, Betty Olds, District 6, Polly Armstrong, District 8, revised report

Adjournment

Actions:  Moved, seconded, carried (Worthington,Olds; Absent - Woolley) to extend the meeting past 11:00 p.m., but not later than 12:00, to complete certain items.  

The meeting adjourned at 11:59 p.m.

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