AG E N D A. BERKELEY CITY COUNCIL MEETING Tuesday, May 24, :00 P.M.

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1 AG E N D A BERKELEY CITY COUNCIL MEETING Tuesday, May 24, :00 P.M. 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. Tuesday, May 24, 2016 AGENDA Page 1

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. Amendment: FY 2016 Annual Appropriations Ordinance Recommendation: Adopt second reading of Ordinance No. 7,474-N.S. 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). First Reading Vote: All Ayes. Contact: Teresa Berkeley-Simmons, Budget Manager, Amending BMC Sections 23E , 23E , and 23E to modify Off- Street Loading Spaces, Bicycle Parking Requirements, and the C-DMU Recommendation: Adopt second reading of Ordinance No. 7,475-N.S. amending Berkeley Municipal Code Sections 23E , 23E , and 23E to allow for exceptions to the Off-Street Loading Spaces and Bicycle Parking requirements. First Reading Vote: All Ayes. Financial Implications: None Contact: Carol Johnson, Planning and Development, Tuesday, May 24, 2016 AGENDA Page 2

3 Consent Calendar 3. Adding Berkeley Municipal Code Chapter 2.07, Revolving Door Restrictions Recommendation: Adopt first reading of an Ordinance adding Berkeley Municipal Code Chapter 2.07, Revolving Door Restrictions, prohibiting former City of Berkeley employees, elected officials and commissioners from lobbying city staff and officials for a period of one year after leaving city employment or service. Contact: Zach Cowan, City Attorney, Minutes for Approval Recommendation: Approve the minutes for the Council meetings of April 5, 2016 (special and regular), and April 26, 2016 (special and regular). Financial Implications: None Contact: Mark Numainville, City Clerk, Placing a Redistricting Commission Charter Amendment Measure on the November 8, 2016 Ballot Recommendation: 1. Adopt a Resolution submitting an Amendment to Article V of the City Charter regarding the creation of a redistricting commission to a vote of the electors at the November 8, 2016 General Municipal Election. 2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section Financial Implications: See Report Contact: Mark Numainville, City Clerk, Placing a Measure on the November 8, 2016 Ballot Related to Housing for Persons of Low-Income Recommendation: 1. Adopt a Resolution submitting a measure related to housing for persons of lowincome to a vote of the electors at the November 8, 2016 General Municipal Election. 2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section Contact: Mark Numainville, City Clerk, Tuesday, May 24, 2016 AGENDA Page 3

4 Consent Calendar 7. Ballot Measure Increasing the City s Appropriation Limit to Allow Expenditure of Tax Proceeds for Fiscal Years 2017 through 2020 Recommendation: 1. Adopt a Resolution placing the measure to increase the City s appropriation limit on the ballot at the November 8, 2016 General Municipal Election. 2. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section Contact: Henry Oyekanmi, Finance, MLK House Loan Modification Request Recommendation: Adopt a Resolution: 1. Approving a new Housing Trust Fund (HTF) loan with Resources for Community Development for MLK House, to replace a loan that has expired, with the following terms: a. Loan amount equal to the outstanding principal on the original loan; and b. Forgiveness of the accrued interest on the original loan; and c. 0% interest; and d. An approximately 30-year term to make the loan co-terminus with the existing regulatory agreement. 2. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action. Contact: Paul Buddenhagen, Housing and Community Services, Contract: Hill & Company Communications to Develop and Implement an Education and Communication Campaign for the Sugar-Sweetened Beverage Program Administered by the Public Health Division Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Hill & Company Communications to lead the development and implementation of an Education & Communication Campaign for the Sugar-Sweetened Beverage (SSB) Program administered by the Public Health Division for a total not to exceed $70,000. Contact: Paul Buddenhagen, Housing and Community Services, Tuesday, May 24, 2016 AGENDA Page 4

5 Consent Calendar 10. Memorandum Agreement: Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association Recommendation: Adopt two Resolutions: 1. Approving a new Memorandum Agreement (hereafter referred to as the MA ) with the Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association (hereafter referred to as the Union ) with a term of June 21, 2015 through October 20, 2018, and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new labor agreement; and 2. Approving a new salary resolution for Representation Units G-1; G-3; I-A; I-B; I-C; L; R-1; and R-2 that implements the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 64,174-N.S. Contact: Sarah Reynoso, Human Resources, Memorandum of Understanding: Public Employees Union, Local One Recommendation: Adopt two Resolutions: 1. Approving a new three-year and four month Memorandum of Understanding (hereafter referred to as the MOU ) with the Public Employees Union Local One (hereafter referred to as the Union ) with a term of June 21, 2015 through October 20, 2018, and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new labor agreement; and 2. Approving a new salary resolution for Representation Units M; P-1; and P-2 that implements the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 64,251-N.S. Contact: Sarah Reynoso, Human Resources, Contract No. 9740B Amendment: Townsend Management Inc. for Additional Construction Management for the Echo Lake Camp Commercial Kitchen Hood/Ventilation Upgrade Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9740B with Townsend Management, Inc. (TMI) to provide additional construction management services for the Echo Lake Camp Commercial Kitchen Hood/Ventilation Upgrade, in an amount not to exceed $16,470 for a total contract amount not to exceed $58,378, and extending the term through December 31, Financial Implications: Playground Camp Fund - $16,470 Contact: Scott Ferris, Parks, Recreation and Waterfront, Tuesday, May 24, 2016 AGENDA Page 5

6 Consent Calendar 13. Community Workforce Agreement Exemption - James Kenney Seismic Retrofit Project Recommendation: Adopt a Resolution exempting the James Kenney Seismic Retrofit Project, from the City s Community Workforce Agreement requirements in order to use a federal FEMA grant award of $727,499. Contact: Scott Ferris, Parks, Recreation and Waterfront, Purchase Order: Altec Industries, Inc. for One Flatbed Dump Truck with Knuckle Crane Recommendation: Adopt a Resolution satisfying City Charter Article XI Section 67.2 requirements allowing the City to participate in National Joint Powers Alliance contract bid procedures, and authorizing the City Manager to execute a purchase order with Altec Industries, Inc. for one flatbed dump truck with knuckle crane in an amount not to exceed $279,109. Financial Implications: Various Funds - $279,109 Contact: Phillip Harrington, Public Works, Beverage Container Recycling City/County Payment Program (CalRecycle) Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the Department of Resources Recycling and Recovery (CalRecycle) for the Beverage Container Recycling City/County Payment Program for the period of July 1, 2016 through September 30, 2018; to accept funds and execute all necessary applications, payment requests, agreements and any amendments; and to appropriate funding for related expenditures, subject to securing the program funds. Financial Implications: State Dept Conservation/Recycling Fund - $30,000 Contact: Phillip Harrington, Public Works, Contract: Sposeto Engineering, Inc. for Fiscal Year 2016 Drainage and Valley Gutter Improvements Project Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Fiscal Year 2016 Drainage and Valley Gutter Improvements Project, C; and 2. Accepting the bid of the lowest responsive and responsible bidder, Sposeto Engineering, Inc.; and 3. Authorizing the City Manager to execute the contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $1,529,242. Financial Implications: Various Funds - $1,529,242 Contact: Phillip Harrington, Public Works, Tuesday, May 24, 2016 AGENDA Page 6

7 Consent Calendar 17. Contract No Amendment: Fairbanks Scales, Inc. for Preventative Maintenance and Repairs of Scales at the Berkeley Transfer Station Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No with Fairbanks Scales, Inc. for preventative maintenance and repairs to the various scales at the Berkeley Transfer Station, increasing the contract amount by $40,000 for a total contract amount not to exceed $90,000. Financial Implications: Zero Waste Fund - $40,000 Contact: Phillip Harrington, Public Works, Community Workforce Agreement Exemption - Hearst Avenue Complete Street Project Recommendation: Adopt a Resolution exempting the Hearst Avenue Complete Street Project, Federal Aid Project STPL 5057(044) C, from the City s Community Workforce Agreement in order to be eligible for an award of $2,115,712 of federal funding. Contact: Phillip Harrington, Public Works, Council Consent Items Berkeley Juneteenth Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds From: Councilmember Anderson Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $250 from Councilmember Anderson to the 2016 Berkeley Juneteenth Festival with funds relinquished to the City s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute. Financial Implications: Councilmember's Discretionary Funds - $250 Contact: Max Anderson, Councilmember, District 3, Budget Referral: Police Foot Patrol in Downtown From: Councilmember Arreguin Recommendation: Refer to the FY 2016/17 Budget Process establishing a police foot patrol officer to cover the Downtown Area as defined in the Downtown Area Plan. Explore the possibility of a deputized Community Service Officer, who can issue citations and make arrests. Potential revenue sources could include parking revenue if Downtown meters are extended from 6-8 p.m. Financial Implications: Unknown Contact: Jesse Arreguin, Councilmember, District 4, Tuesday, May 24, 2016 AGENDA Page 7

8 Council Consent Items 21. Oppose AB 2312 From: Councilmember Arreguin Recommendation: Adopt a Resolution opposing AB 2312, which would gut a tenant s ability to defend themselves in court and make it easier for them to be evicted. Send a copy of the Resolution to Governor Jerry Brown, State Senator Loni Hancock, and Assemblymember Tony Thurmond. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, Referral to the Budget Process: Restore Funding for the Housing Retention Program From: Councilmember Arreguin Recommendation: Refer to the budget process an allocation of $159,754 to reinstate the Housing Retention Program. Financial Implications: General Fund - $159,754 Contact: Jesse Arreguin, Councilmember, District 4, City Sponsorship of the 2016 Himalayan Fair From: Councilmember Capitelli Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $150 per Councilmember including $100 from Councilmember Capitelli of Council Office funds, to retroactively cover the cost of permit fees for 2016 Himalayan Fair to be held at Live Oak Park on Saturday, May 21, 2016 and Sunday, May 22, Financial Implications: Councilmember's Discretionary Funds - $100 Contact: Laurie Capitelli, Councilmember, District 5, Proclamation to Celebrate Pepper Spray Times Twenty-Fifth Anniversary From: Councilmember Worthington Recommendation: Adopt a proclamation to celebrate Pepper Spray Times twentyfifth anniversary. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, June 2016 Budget Referral of $45,000 to Consider Clean Renewable Energy Bonds to Assist in Implementation of Solar Task Force Report From: Councilmember Worthington Recommendation: Refer $45,000 to the June 2016 budget process to facilitate consideration of Clean Renewable Energy Bonds and/or Public Private Partnerships to assist in Implementation of the Solar Task Force report. Contact: Kriss Worthington, Councilmember, District 7, Tuesday, May 24, 2016 AGENDA Page 8

9 Council Consent Items 26. Thirteenth Annual Berkeley World Music Festival Weekend From: Councilmember Worthington Recommendation: Adopt a Proclamation Designating June 11th and 12th, 2016 as the Berkeley World Music Festival Weekend. 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. 27. Environmental Health Division Fee Schedule Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adopting a revised fee schedule for Environmental Health permit and inspection fees, effective July 1, 2016, and rescinding Resolution No. 67,043-N.S. Contact: Paul Buddenhagen, Housing and Community Services, Tuesday, May 24, 2016 AGENDA Page 9

10 Action Calendar Public Hearings 28. Published Charges: Mental Health Clinical Services Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution establishing Published Charges for Mental Health Clinical Services for FY Published Charges are effective July 1, Contact: Paul Buddenhagen, Housing and Community Services, Selected Sports Field Fee Increases Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1. Approving new fees for sports fields at Harrison Park; 2. Rescinding Resolution No. 67,045-N.S. and all amendatory resolutions. Contact: Scott Ferris, Parks, Recreation and Waterfront, Changes to the Planning and Development Department s Master Fee Schedule Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1. Approving revisions to the master fee schedule for the Planning and Development Department effective July 1, 2016, to increase the hourly rate for Building and Safety Division staff time from $170 to $180 per hour, update fees for Strong Motion Instruments to conform to State of California requirements, add a fee for Housing Code Enforcement to recover costs for processing Notices of Termination, add a fee for expedited review requests made to the Toxics Management Division, and make minor clarifications to the existing fee schedule without increasing fee amounts; and 2. Rescinding Resolution No. 67,046 N.S. effective July 1, Contact: Carol Johnson, Planning and Development, FY 2017 Street Light Assessment Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1. Confirming the assessments in the Engineer s Report dated February 2016, and 2. Authorizing the levying of FY 2017 Assessments for Berkeley Street Lighting Assessment District No Contact: Phillip Harrington, Public Works, Tuesday, May 24, 2016 AGENDA Page 10

11 Action Calendar Public Hearings 32. LPC Appeal: 2556 Telegraph Avenue Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution dismissing the appeal and affirming the decision of the Landmarks Preservation Commission (LPC) to deny Landmark Application LMIN to designate The Village property, located at 2556 Telegraph Avenue, as a City of Berkeley Landmark. Financial Implications: None Contact: Carol Johnson, Planning and Development, Fiscal Year 2017 Proposed Budget Update Public Hearing #2 Recommendation: Conduct a second public hearing regarding the 2017 Proposed Budget Update. Financial Implications: See FY 2017 Proposed Budget Update Contact: Teresa Berkeley-Simmons, Budget Manager, Action Calendar Old Business 34. 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. (Continued from May 10, 2016) 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, 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 (Continued from May 10, 2016) 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, Tuesday, May 24, 2016 AGENDA Page 11

12 Action Calendar New Business 36. City Council Rules of Procedure and Order Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to: 1. require that revised and supplemental material must be distributed and accepted by the Council prior to the commencement of the public comment period on the item; 2. incorporate modifications to the Appeal process as adopted with Ordinance No. 7,461-N.S.; 3. make minor clarifications regarding procedures for public comment relating to items on Council agendas; 4. update policies and procedures regarding Council meeting decorum; 5. update facility capacity rules and procedures and 6. rescinding Resolution No. 67,178-N.S. Financial Implications: None Contact: Dee Williams-Ridley, City Manager, a. Berkeley Community Fund From: Human Welfare and Community Action Commission Recommendation: Adopt a Resolution requesting that the City Manager examine the creation of a fund that would allow people to make tax-deductible donations that would be disbursed through the city s community agency allocation process. Contact: Wing Wong, Commission Secretary, b. Berkeley Community Fund Recommendation: Take no action on the Human Welfare and Community Action Commission s recommendation to create a fund that would allow people to make taxdeductible donations to the City of Berkeley that would be disbursed through the City s biennial community agency allocation process, as this would cause delays in the nonprofits receiving the funds and would place restrictions on otherwise unrestricted charitable contributions funds. Contact: Paul Buddenhagen, Housing and Community Services, Council Action Items 38. Proposal of the Ad Hoc Subcommittee on Paid Sick Leave From: Councilmembers Maio, Arreguin, and Wengraf Recommendation: Discuss and take appropriate action on establishing a sick leave policy. Financial Implications: None Contact: Linda Maio, Councilmember, District 1, Tuesday, May 24, 2016 AGENDA Page 12

13 Council Action Items 39. Small Business Development Package From: Councilmember Arreguin Recommendation: Refer to the City Manager the creation of a Small Business Office charged with implementing a package of policies to support new and existing small businesses, including but not limited to: 1. Coordinate the intake of permitting documents to streamline the startup process and improve efficiency; 2. Enforce and advertise the existing Buy Local Bid Preference Policy, and increase the bid discount for local businesses by an additional 5% to a total bid price discount of 10%; 3. Provide business counseling and develop informational materials to inform and assist small businesses through the startup and permitting process; 4. Continue outreach for the Revolving Loan Fund to ensure small businesses take advantage of this existing finance mechanism; 5. Promote businesses and local purchasing by developing activities such as Small Business Week; 6. Explore the creation of tax incentives to attract and retain locally-owned small businesses; 7. Review existing permitting requirements and propose amendments to reduce the cost and permitting barriers for new businesses to operate. Financial Implications: Staff time Contact: Jesse Arreguin, Councilmember, District 4, Allow Increased Development Potential in the Telegraph Commercial (C-T) District Between Dwight Avenue and Bancroft Avenue and Refer to the City Manager to Develop Community Benefit Requirements, with a Focus on Labor Practices and Affordable Housing From: Councilmember Worthington Recommendation: That the Council immediately amend the Berkeley Zoning Ordinance to allow increased development potential in the Telegraph Commercial (C-T) District between Dwight Avenue and Bancroft Avenue and refer to the City Manager to develop community benefit requirements, with a focus on labor practices and affordable housing. Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, Amend BMC Chapter to Allow Six Dispensaries Instead of Four From: Councilmember Worthington Recommendation: Request the City Manager to return with an amendment to Chapter to allow six dispensaries instead of four. Contact: Kriss Worthington, Councilmember, District 7, City Manager Referral: Create a Request for Proposal Option for a Commercial Food Waste to Energy Program From: Councilmember Worthington Recommendation: City Manager referral to create a Request for Proposal option for a commercial food waste to energy program Financial Implications: Minimal Contact: Kriss Worthington, Councilmember, District 7, Tuesday, May 24, 2016 AGENDA Page 13

14 Information Reports 43. Support for Berkeley Recycling Services and Community Conservation Center From: Zero Waste Commission Contact: Andy Schneider, Commission Secretary, Report of the Alameda County Transportation Commission for December 3, 2015 and January 28, 2016 From: Councilmember Capitelli Contact: Laurie Capitelli, Councilmember, District 5, Public Comment Items Not Listed on the Agenda Adjournment 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 Tuesday, May 24, 2016 AGENDA Page 14

15 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. 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 May 12, 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. Proposed Development of Claremont Hotel 1. Susan Landauer Alta Bates/Sutter Hospital 2. David Lerman Air Quality Standards at the Transfer Station 3. David Lerman Honoring Charles Austen 4. Nancy Bickel, on behalf of the League of Women Voters, Berkeley, Albany, Emeryville Residential Permit Parking 5. Rhiannon Gasoline Delivery Service 6. Gina Rieger Supplemental Communications and Reports Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline. Supplemental Communications and Reports 1 Available by 5:00 p.m. five days prior to the meeting. Tuesday, May 24, 2016 AGENDA Page 15

16 Supplemental Communications and Reports 2 Available by 5:00 p.m. the day of the meeting. Supplemental Communications and Reports 3 Available by 5:00 p.m. two days following the meeting. Tuesday, May 24, 2016 AGENDA Page 16