AG E N D A. BERKELEY CITY COUNCIL MEETING Tuesday, May 10, :00 PM

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1 AG E N D A BERKELEY CITY COUNCIL MEETING Tuesday, May 10, :00 PM School District Board Room Addison St., Berkeley, CA (ADA Accessible Entrance) Please enter at 1222 University Avenue DISTRICT 1 LINDA MAIO DISTRICT 2 DARRYL MOORE DISTRICT 3 MAX ANDERSON DISTRICT 4 JESSE ARREGUIN TOM BATES, MAYOR Councilmembers: DISTRICT 5 LAURIE CAPITELLI DISTRICT 6 SUSAN WENGRAF DISTRICT 7 KRISS WORTHINGTON DISTRICT 8 LORI DROSTE This meeting will be conducted in accordance with the Brown Act, Government Code Section Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified. Preliminary Matters Roll Call: Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters. City Manager Comments: 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. Public Comment on Non-Agenda Matters: Persons will be selected by lottery to address matters not on the Council agenda. If five or fewer persons submit speaker cards for the lottery, each person selected will be allotted two minutes each. If more than five persons submit speaker cards for the lottery, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Speaker cards are not required for this second round of public comment on non-agenda matters.

2 Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item. The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item. In the event that there are more than three persons wishing to speak either in opposition to or support of a Consent item, the Presiding Officer will move the item to the beginning of the Action Calendar. Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process. Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops. Consent Calendar The Council will first determine whether to move items on the agenda for action or information to the Consent Calendar, or move Consent Calendar items to action. Items that remain on the Consent Calendar are voted on in one motion as a group. Information items are not discussed or acted upon at the Council meeting unless they are moved to Action or Consent. After hearing from public speakers regarding items remaining on the Consent Calendar, any Councilmember may move any information or Consent item to Action, however no additional items can be moved onto the Consent Calendar at that point. Following this, the Council will vote on the items remaining on the Consent Calendar in one motion. For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previous addressed that item during the Consent Calendar related public comment period. 1. De-designation of a Landmark Designation for Buildings that have been Legally Demolished; Amending BMC Section Recommendation: Adopt second reading of Ordinance No. 7,471-N.S. amending Section of the Berkeley Municipal Code, providing for de-designation of landmark and structure of merit buildings that have been legally demolished. First Reading Vote: Ayes Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes Anderson, Arreguin, Worthington; Absent None. Financial Implications: Minimal Contact: Zach Cowan, City Attorney, Tuesday, May 10, 2016 AGENDA Page 2

3 Consent Calendar 2. Contract Amendment: CalPERS Cost Share under Government Code for Employees Represented by the International Brotherhood of Electrical Workers (IBEW) Local 1245 A.F.L.-C.I.O. Recommendation: Adopt second reading of Ordinance No. 7,472-N.S. amending the City s contract with CalPERS to provide the mandatory monthly employee contribution of 1.25% of salary as provided under Government Code Section 20516, applicable to all members (Miscellaneous employees, both Classic and New Members) represented by the International Brotherhood of Electrical Workers (IBEW) Local 1245 A.F.L.-C.I.O. effective July 3, First Reading Vote: All Ayes. Contact: Sarah Reynoso, Human Resources, Amending Open Government Ordinance and Council Rules to Allow Submission of Revised/Supplemental Items Recommendation: Adopt second reading of Ordinance No. 7,473-N.S. amending Berkeley Municipal Code (BMC) Section E to allow the submission of revised/supplemental items by noon the day of the City Council meeting at which the item is to be considered. First Reading Vote: All Ayes. Financial Implications: Staff time Contact: Zach Cowan, City Attorney, Amendment: FY 2016 Annual Appropriations Ordinance Recommendation: Adopt first reading of an Ordinance amending the FY 2016 Annual Appropriations Ordinance No. 7,446-N.S. for fiscal year 2016 based upon other adjustments in the amount of $40,002,408 (gross) and $36,377,984 (net). Contact: Teresa Berkeley-Simmons, Budget Manager, Calling for a Consolidated General Municipal Election for November 8, 2016 Recommendation: 1. Adopt a Resolution: a) Calling for a General Municipal Election to be consolidated with the Presidential General Election to be held in Berkeley on November 8, 2016; b) Requesting that the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Presidential General Election; c) Authorizing certain procedural and contractual actions; and d) Establishing policies for the filing of candidate statements of qualification. 2. Adopt a Resolution establishing policies and timelines for filing ballot measure arguments. Contact: Mark Numainville, City Clerk, Tuesday, May 10, 2016 AGENDA Page 3

4 Consent Calendar 6. Contract: Berkeley Chamber of Commerce for Citywide, Multi-sector Marketing Services Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract with the Berkeley Chamber of Commerce for City-wide, South Berkeley, Buy Local Berkeley and Berkeley Startup Cluster marketing services for an amount not to exceed $35,000 for approximate period of May 15, 2016 through June 30, Financial Implications: General Fund - $38,000 Contact: Michael Caplan, Economic Development, Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on May 10, 2016 Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager s threshold will be returned to Council for final approval. Financial Implications: Various Funds - $530,200 Contact: Henry Oyekanmi, Finance, Contract No. 9369B Amendment: Badawi & Associates, Certified Public Accountants for Professional Auditing Services Recommendation: Adopt a Resolution ratifying the Mayor s decision to exercise the first one year option to extend Contract No. 9369B with Badawi & Associates and authorizing the City Manager to extend the contract for the performance of services to conduct annual financial audits of the City s financial statements and compliance audits as required by the Single Audit Act of 1984 (amended in 1996), for the period of July 1, 2016 through June 30, 2017, for the incremental amount of $173,367 for the total not to exceed amount of $605,630. Contact: Henry Oyekanmi, Finance, th Ambulance Pilot: 12-Month Update and Recommendation Recommendation: Direct the City Manager to extend 4th Ambulance (10-hour car) funding through FY 2017; refer strategies to increase emergency medical service (EMS) response capacity to the FY 2018/2019 budget process. Contact: Gil Dong, Fire, Tuesday, May 10, 2016 AGENDA Page 4

5 Consent Calendar 10. Contract No. R8923 Amendment: First Responder Advanced Life Support with Alameda County Emergency Medical Services Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. R8923, to extend the term of the agreement and accept related funding from Alameda County Emergency Medical Services (ALCO EMS) for First Responder Advanced Life Support (FRALS) services in the amount of $149,051 for the period of November 1, 2016 through April 30, Financial Implications: General Fund - $149,051 Contact: Gil Dong, Fire, Purchase Orders: Interior Motions; Using U.S. Communities Government Purchasing Alliance for Herman Miller, Inc. Office Products Recommendation: Adopt a Resolution authorizing the City Manager to increase the spending authority for the purchase of Herman Miller, Inc. Office Products and related services from Interior Motions, utilizing pricing and contracts from the U.S. Communities Government Purchasing Alliance (U.S. Communities) for the Fiscal Year 2016 period of July 1, 2015 through June 30, 2016 for an amount not to exceed $160,000. Financial Implications: Various Funds - $160,000 Contact: Savita Chaudhary, Information Technology, Contract No. 7658A Amendment: Kronos, Inc. Fire Station Staffing Software Recommendation: Adopt a Resolution authorizing the City Manager to amend contract No. 7658A with Kronos, Inc. for a software system upgrade and maintenance for TeleStaff Fire Station Staffing Software, increasing the amount by $11,000, for a total not to exceed $120,000, from May 1, 2008 through June 30, Financial Implications: General Funds - $11,000 Contact: Savita Chaudhary, Information Technology, Contract No. 7258C Amendment: Verint Americas Inc. (formerly KANA Software) Community Relationship Management (CRM) Software Maintenance Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7258C with Verint America Inc. (formerly KANA Software, formerly Lagan Technology) for Software maintenance, increasing the amount by $28,835, for a total not to exceed $866,305 from March 23, 2007 through June 30, Financial Implications: General Funds - $28,835 Contact: Savita Chaudhary, Information Technology, Tuesday, May 10, 2016 AGENDA Page 5

6 Consent Calendar 14. Contract No Amendment: Association of Sports Field Users (ASFU) for Additional Maintenance Services Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No in an amount not to exceed $135,000 for a total contract amount not to exceed $666,170 for additional maintenance services and a one year contract extension through June 30, Financial Implications: Sports Field (Vendor Operations) -$135,000 Contact: Scott Ferris, Parks, Recreation and Waterfront, Amending BMC Sections 23E , 23E , and 23E to modify Off- Street Loading Spaces, Bicycle Parking Requirements, and the C-DMU Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Sections 23E , 23E , and 23E to allow for exceptions to the Off-Street Loading Spaces and Bicycle Parking requirements. Financial Implications: None Contact: Carol Johnson, Planning and Development, Agreements for the Design of Urban Microgrids Recommendation: Adopt a Resolution authorizing the City Manager to accept funding, enter grant agreements, and award contracts to design clean energy urban microgrids pursuant to a grant award from the California Energy Commission, including: 1. Enter a grant agreement with the California Energy Commission to accept funding of approximately $1,500,000; and 2. Award contracts to URS Corporation in the amount of $613,000; to Lawrence Berkeley National Laboratory in the amount of $415,000; to the Association of Bay Area Governments in the amount of $50,000; to the Center for Sustainable Energy in the amount of $50,000; and to NHA Advisors, LLC in the amount of $7,500, to assist in the design of a Berkeley clean energy microgrid system; and 3. Amend existing contracts with Interface Engineering, Inc. to increase the amount by $30,000; and with West Coast Code Consultants to increase the amount by $10,000, to assist in the design of a Berkeley clean energy microgrid system. Contact: Carol Johnson, Planning and Development, Tuesday, May 10, 2016 AGENDA Page 6

7 Council Consent Items 17. Support of Legislative Efforts to End the Embargo against Cuba From: Mayor Bates, and Councilmembers Capitelli and Worthington Recommendation: Adopt a Resolution supporting the legislative efforts to end the embargo against Cuba and encouraging Berkeley s Congressional and Senate representatives to end the Cuban embargo and support other ongoing efforts to increase exchange between our two nations. Copies of the resolution are to be sent to Congresswoman Barbara Lee and Senators Barbara Boxer and Dianne Feinstein. Financial Implications: None Contact: Tom Bates, Mayor, City Manager Referral: Installation of Flashing Pedestrian Lights at MLK and Virginia From: Councilmembers Maio and Capitelli Recommendation: Refer to the City Manager to install as soon as possible a flashing School Crossing light, or something similar, at Martin Luther King, Jr. Way and Virginia Street. Contact: Linda Maio, Councilmember, District 1, Support the AB the Student Voting Act From: Councilmember Arreguin Recommendation: Adopt a Resolution supporting AB 2455, also known as the Student Voting Act. Send a copy of the Resolution to Governor Jerry Brown, State Senator Loni Hancock, and Assemblymembers Rob Bonta, David Chiu, and Tony Thurmond. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, Support AB 1674 (Santiago) Gun Trafficking From: Councilmember Wengraf Recommendation: Adopt a Resolution in favor of AB 1674 (Santiago) and write a letter urging our representatives to support this bill. Letter should be sent to State Senator Loni Hancock, Assemblyman Tony Thurmond and Governor Jerry Brown. Financial Implications: Minimal Contact: Susan Wengraf, Councilmember, District 6, Tuesday, May 10, 2016 AGENDA Page 7

8 Council Consent Items 21. Resolutions Consenting to Inclusion of the City of Berkeley Properties in the California Home Finance Authority PACE Programs and Associate Membership in California Home Finance Authority From: Councilmember Worthington Recommendation: ABAG has a new report and the City Council has voted twice in favor; thus, the City of Berkeley should approve and sign an agreement for collaborative services for Property Assessed Clean Energy Financing (PACE) marketplace. Also, that the City of Berkeley approve and sign acknowledgement addendum of RCSA, as executed between ABAG and RPPs. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, Proclamation in Honor of Father George Crespin s Decades of Service to the Berkeley Community From: Councilmember Worthington Recommendation: Adopt a proclamation in honor of Father George Crespin years of service to the Berkeley community. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, Proclamation Honoring John Oliver Simon From: Councilmember Worthington Recommendation: Adopt a proclamation honoring John Oliver Simon. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, Letter to the District Attorney Requesting Charges Be Dropped Against Student Labor Committee Activist John Penilla, and Letter to UC Berkeley Dean of Students Joseph Greenwell to Drop the Charges Against Student Labor Committee Activist Kristian Kim From: Councilmember Worthington Recommendation: Send a letter to the Alameda County District Attorney requesting charges be dropped against student labor committee activist John Penilla, and send a letter to UC Berkeley Dean of Students Joseph Greenwell requesting charges be dropped against student labor committee activist Kristian Kim. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, Tuesday, May 10, 2016 AGENDA Page 8

9 Council Consent Items 25. Support UC Berkeley Student Khairuldeen Makhzoomi and Demand that Southwest Airlines Issue a Public Apology and Conduct a Review of Discriminatory Policies Against Arab and Muslim Passengers From: Councilmember Worthington Recommendation: Support UC Berkeley student Khairuldeen Makhzoomi and send a letter demanding that Southwest Airlines issue a public apology and conduct a review of their discriminatory policies against Arab and Muslim passengers. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, Send a letter to US Senator Pat Roberts (R-KS) urging him to support Eric Fanning s nomination as Secretary of the Army From: Councilmembers Worthington and Moore Recommendation: Send a letter to Senator Pat Roberts (R-KS) urging him to support Eric Fanning s nomination as Secretary of the Army. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, Action Calendar The public may comment on each item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again. The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. Action items may be reordered at the discretion of the Chair with the consent of Council. Action Calendar Public Hearings Staff shall introduce the public hearing item and present their comments. This is followed by fiveminute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue. Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk. Tuesday, May 10, 2016 AGENDA Page 9

10 Action Calendar Public Hearings 27. ZAB Appeal: 1169 Cragmont Ave Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving Use Permit No. ZP to construct a new, approximately 3,020 square foot, 3-story, single-family dwelling, with 5 bedrooms, and 2 off-street parking spaces, on an existing 5,417 square foot vacant lot and to reduce the front yard setback from 20 to 5 1, and dismiss the appeal. Financial Implications: None Contact: Carol Johnson, Planning and Development, Selection of the City's Fourth Authorized Cannabis Dispensary Recommendation: Conduct a public hearing and upon conclusion, review the information included in the report, including the recommendations of the Medical Cannabis Commission (MCC), select one of the six applicants to be the fourth medical cannabis dispensary and direct staff to bring a resolution for approval to a future meeting. Contact: Carol Johnson, Planning and Development, Fiscal Year 2017 Proposed Budget Update Public Hearing #1 Recommendation: Conduct a public hearing regarding the 2017 Proposed Budget Update. Financial Implications: See FY 2017 Proposed Budget Update Contact: Teresa Berkeley-Simmons, Budget Manager, Fulton Street Bikeway Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving the installation of a bikeway on Fulton Street between Bancroft Way and Channing Way by Bike to Work Day, May 12, 2016, or as expeditiously as possible thereafter, including the removal of traffic lanes and parking as necessary per the City Traffic Engineer and according to the plans approved at the public hearing. Contact: Phillip Harrington, Public Works, Tuesday, May 10, 2016 AGENDA Page 10

11 Action Calendar Old Business 31. Stipulations for Funding Allocation of $637,500 to BUSD (Continued from April 26, 2016) From: Sugar Sweetened Beverage Product Panel of Experts Recommendation: Adopt a Resolution imposing the following requirements on the expenditure of the $637,500 allocated to the Berkeley Unified School District (BUSD) by the City Council on January 19, 2016: 1. This award is intended to support infrastructure, programming, and education activities to reduce consumption of SSBs and to address the effects of SSB consumption for the period, July 1, 2016 to June 30, Non-supplantation: Awarded funding will not supplant BUSD level of General Fund allocations to the garden and cooking program. 3. This award requires a cap on administrative overhead at 15%. 4. This award requires that BUSD adopt and enforce a policy to not sell or serve sugar-sweetened beverages (as defined by the SSB tax) at any BUSD schools or campuses, including staff lounges and BUSD Board meetings. Financial Implications: None Contact: Dechen Tsering, Commission Secretary, Tenant Protection Ordinance (Continued from April 26, 2016) From: Councilmember Arreguin Recommendation: Refer to the City Manager and City Attorney to develop a Tenant Protection Ordinance, incorporating the elements described in the Background section of the report. Financial Implications: Staff time Contact: Jesse Arreguin, Councilmember, District 4, Action Calendar New Business 33. Presentation and Discussion of Second Community Survey Results and Direction About Next Steps for Possible Ballot Measure Development Recommendation: Discuss results of the second community survey and provide direction to the City Manager about the drafting of possible revenue measures for inclusion on the November 2016 ballot. Contact: Matthai Chakko, City Manager's Office, Tuesday, May 10, 2016 AGENDA Page 11

12 Action Calendar New Business 34. Short-Term Rental Regulations Ordinance, Adding BMC Chapter 23C.22 and Amending Titles 23D and 23E Recommendation: 1. Review and consider the Planning Commission and staff recommended versions of the Short-Term Rental Draft Ordinance. 2. Provide direction on outstanding issues, including enforcement related standards and whether to allow Short-Term Rentals in Accessory Dwelling Units (ADUs). 3. A) Adopt first reading of an Ordinance as recommended by staff regarding Short- Term Rental Regulations, adding BMC Chapter 23C.22 and amending Titles 23D and 23E to make related changes. -OR- B) Adopt first reading of an Ordinance as recommended by the Planning Commission regarding Short-Term Rental Regulations, adding BMC Chapter 23C.22 and amending Titles 23D and 23E to make related changes. Contact: Carol Johnson, Planning and Development, a. Request Additional Support for Berkeley Technology Academy From: Community Health Commission Recommendation: That City Council provide increased support for Berkeley Technology Academy (BTA) by allocating monies to the Berkeley Unified School District to address the items listed below and that this recommendation also be forwarded to the School board. In particular the Community Health Commission supports BTA s request for: 1. Access to Mental Health professionals on campus five days a week which would require two to three more Mental Health staff days. 2. Provide a replacement primary care practitioner for BTA, a position which has been vacant since March Allocate a snack budget for BTA students of $3000/school year to reduce hunger among BTA students, and 4. Allocate an additional $2000 to BTA s budget to expand its garden program. Contact: Tanya Bustamante, Commission Secretary, Tuesday, May 10, 2016 AGENDA Page 12

13 Action Calendar New Business 35b. Companion Report: Additional Support for Berkeley Technology Academy Recommendation: Support services at Berkeley Technology Academy (BTA) as follows: 1. Continue to allocate Mental Health Services Act (MHSA) funding to the Berkeley High School Health Center, which has included staffing for some mental health services at BTA. Support Berkeley Unified School District (BUSD) in helping identify the mental health needs at BTA and the options BUSD has in obtaining this staffing through funding Berkeley Mental Health personnel, hiring internal staffing, or utilizing a community based provider for staffing. 2. Direct City Manager to have Public Health staff explore funding opportunities to replace the current hourly mid-level provider (MLP) position at BTA with a new career benefited position at 0.5 FTE. 3. and 4. Financial support for the BTA gardening program and student snacks can appropriately be part of the BUSD use of the recent Council allocation of $637,500 to BUSD in support of its cooking, gardening, and nutrition programs for FY Contact: Paul Buddenhagen, Housing and Community Services, a. Healthy Default Beverages with Children's Meals Ordinance From: Community Health Commission Recommendation: Approve an ordinance that requires food vendors to provide healthy default beverages with children's meals, adding Berkeley Municipal Code subsection A. Contact: Tanya Bustamante, Commission Secretary, b. Companion Report: Healthy Default Beverages with Children s Meals Recommendation: Direct the City Manager to develop specific ordinance language, prepared in consultation with the City Attorney s Office that requires food vendors who offer children s meals to provide healthy default beverages, and a cost estimate for implementation for Council s consideration. Contact: Paul Buddenhagen, Housing and Community Services, Tuesday, May 10, 2016 AGENDA Page 13

14 Council Action Items 37. Referral to Planning Commission: Community Garden Zoning From: Councilmember Arreguin Recommendation: Refer to the Planning Commission the following amendments to the Zoning Ordinance to define Community Gardens and permit them in all zoning districts: 1. Add language to Section 23F (Definitions) to define Community Gardens as a new zoning use. 2. Establish community gardens and accessory structures including, but not limited to tool sheds, greenhouses, pergolas and trellises as a by right use in all zoning districts requiring only a Zoning Certificate. 3. Permit group class instruction, community gatherings, and sales as an exempt accessory use subject to limitations on the number of persons, hours, similar to the requirements set forth in BMC Section 23C (B) (Sale of Non-Processed Edibles in Residential Districts). Financial Implications: Staff time Contact: Jesse Arreguin, Councilmember, District 4, Extending Operating Hours in Commercial Districts From: Councilmember Arreguin Recommendation: Refer to the Planning Commission to review and amend the Zoning Ordinance to extend operating hours of businesses in commercial districts throughout Berkeley as follows: 24 hours in the Downtown and Northside (Euclid Avenue between Hearst and Ridge) commercial districts seven days a week, however pursuant to state law the sale of alcoholic beverages is limited to 2 a.m.; Friday and Saturday to 2 a.m. in the Elmwood and North Shattuck districts. However, sales and service of alcoholic beverages is limited to full-service restaurants; Seven days a week to 2 a.m. at nodes of the San Pablo district. Consider applying in these districts the existing regulations in the C-T district on off-sale of alcoholic beverages and on premise consumption of distilled alcoholic beverages at full-service restaurants. Similar to the existing 24-hour zoning designation in the Telegraph Commercial District, these amendments will allow businesses in these areas to remain open later without an additional Use Permit. Financial Implications: Staff time Contact: Jesse Arreguin, Councilmember, District 4, Information Reports 39. Settlement of City of Berkeley v Delaware, LLC (Alameda County Superior Court No. RG ) Contact: Zach Cowan, City Attorney, FY 2016 Investment Report: Quarter Ended December 31, 2015 Contact: Henry Oyekanmi, Finance, Public Comment Items Not Listed on the Agenda Tuesday, May 10, 2016 AGENDA Page 14

15 Adjournments in memory of: 1. Proverb Jacobs, UC Alumnus and Local Athletics Coach 2. Prince, Musician and Songwriter 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 (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. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via internet accessible video stream at and KPFB Radio Archived indexed video streams are available at Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m. Communications to the City Council are public record and will become part of the City s electronic records, which are accessible through the City s website. Please note: addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at Agendas and agenda reports may be accessed via the Internet at and may be read at reference desks at the following locations: City Clerk Department Libraries: 2180 Milvia Street Main Kittredge Street Tel: Claremont Branch 2940 Benvenue TDD: West Branch 1125 University Fax: North Branch 1170 The Alameda clerk@cityofberkeley.info South Branch 1901 Russell COMMUNICATION ACCESS INFORMATION: This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (V) or (TDD) at least three business days before the meeting date. Tuesday, May 10, 2016 AGENDA Page 15

16 Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs. Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City s website, on April 28, Mark Numainville, City Clerk Communications Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Tactical Van 1. Jack Kurzweil Castro Arms Co-op Concern 2. Sandra Garber Pedestrian Crosswalk on Cedar 3. Donna Davis Removal of Homeless 4. Margy Wilkinson Senate Bill Police Review Commission Claremont Condominium Construction 6. Carolina Gustin 7. Barbara Gilbert 8. Chris Wilcox Wood Smoke 9. David Lerman Article/ABAG-MTC Merger 10. Zelda Bronstein Gilman Underpass Homeless Encampment 11. Stephen Paik Tuesday, May 10, 2016 AGENDA Page 16

17 Support of Pyramid Hotel Group 12. Cherilyn Parsons Supporting Berkeley Arts 13. Frank Binder (2) Endorsement of Several State Legislative Items Related to Housing 14. Housing Advisory Commission EBMUD Trenching on 5 th Street 15. Corrina Gould 16. Collen Andreetta nd Street 17. Carlvin Justice Tuesday, May 10, 2016 AGENDA Page 17

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