ANNOTATED AGENDA BERKELEY CITY COUNCIL MEETING Tuesday, July 12, :00 P.M.

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1 ANNOTATED AGENDA BERKELEY CITY COUNCIL MEETING Tuesday, July 12, :00 P.M. COUNCIL CHAMBERS MARTIN LUTHER KING JR. WAY TOM BATES, MAYOR Councilmembers: DISTRICT 1 LINDA MAIO DISTRICT 2 DARRYL MOORE DISTRICT 3 MAX ANDERSON DISTRICT 4 JESSE ARREGUIN DISTRICT 5 LAURIE CAPITELLI DISTRICT 6 SUSAN WENGRAF DISTRICT 7 KRISS WORTHINGTON DISTRICT 8 LORI DROSTE Preliminary Matters Roll Call: Present: Absent: 7:18 p.m. Anderson, Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington, Bates None. Ceremonial Matters: 1. Adjourning the Meeting in Memory of Hal Cronkite, Former Berkeley City Manager 2. Adjourning the Meeting in Memory of Tak Nakamoto, Local Activist City Manager Comments: None. Public Comment on Non-Agenda Matters: 6 speakers. Public Comment on Consent Calendar and Information Items Only: 6 speakers. Consent Calendar Action: M/S/C (Maio/Moore) to make the findings that the item related to the Mental Health Adult Clinic Closure and Relocation is of urgent necessity and that the subject came to the attention of the agency after the agenda was published, and to add the item to the agenda. Vote: All Ayes. Action: M/S/C (Moore/Wengraf) to adopt the Consent Calendar in one motion except as indicated. Vote: All Ayes.

2 Consent Calendar Emergency Item: Mental Health Adult Clinic Closure and Relocation Recommendation: Adopt an emergency ordinance to: 1) waive Permit requirements of the Zoning Ordinance (Title 23 of the Berkeley Municipal Code) to allow for the immediate placement of modular office space in the parking lot of the West Berkeley Service Center to enable provision of direct services to City of Berkeley Adult Clinic Mental Health clients; and (2) authorize the expenditure of not to exceed $500,000 for this purpose. Action: Adopted Ordinance No. 7,503-N.S. to: 1) waive Permit requirements of the Zoning Ordinance (Title 23 of the Berkeley Municipal Code) to allow for the immediate placement of modular office space in the parking lot of the West Berkeley Service Center to enable provision of direct services to City of Berkeley Adult Clinic Mental Health clients; and (2) authorize the expenditure of not to exceed $500,000 for this purpose. 1. Lease Agreement: Plentea Berkeley, Inc. for 2434 Durant Avenue, at the Telegraph-Channing Mall Recommendation: Adopt second reading of Ordinance No. 7,491-N.S. authorizing the City Manager to execute a lease agreement for 2434 Durant Avenue with Plentea Berkeley, Inc., for an initial term of five years with one optional five-year lease extension. First Reading Vote: All Ayes. Financial Implications: See report Contact: Phillip Harrington, Public Works, Action: Adopted second reading of Ordinance No. 7,491-N.S. 2. Lease Agreement: Friends of DxE International for 2425 Channing Way Suite C, at the Telegraph-Channing Mall Recommendation: Adopt second reading of Ordinance No. 7,492-N.S. authorizing the City Manager to execute a lease agreement for 2425 Channing Way Suite C with Friends of DxE International, a 501(c)(3) tax exempt organization, for an initial term of five years with one optional five-year lease extension. First Reading Vote: All Ayes. Financial Implications: See report Contact: Phillip Harrington, Public Works, Action: Adopted second reading of Ordinance No. 7,492-N.S. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 2

3 Consent Calendar 3. FY 2017 Annual Appropriations Ordinance Recommendation: Adopt second reading of Ordinance No. 7,493-N.S. adopting the FY 2017 Annual Appropriations Ordinance (AAO) in the amount of $416,209,010 (gross appropriations) and $365,364,538 (net appropriations). First Reading Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes None; Abstain Anderson. Financial Implications: See report Contact: Teresa Berkeley-Simmons, Budget Manager, Action: Adopted second reading of Ordinance No. 7,493-N.S. 4. One-Percent for Public Art on Private Projects Ordinance, Adding Berkeley Municipal Code Chapter 23C.23 Recommendation: Adopt second reading of Ordinance No. 7,494-N.S. adopting the One-Percent for Public Art on Private Projects (1% for Art), adding Berkeley Municipal Code Chapter 23C.23. First Reading Vote: All Ayes. Financial Implications: See report Contact: Carol Johnson, Planning and Development, ; Michael Caplan, Economic Development, Action: Adopted second reading of Ordinance No. 7,494-N.S. 5. Adding Berkeley Municipal Code Chapter Wage Theft Recommendation: Adopt first reading of an Ordinance adding Berkeley Municipal Code Chapter , Wage Theft Prevention, to ensure that new construction projects greater than 30,000 square feet that are not subject to local, state or federal prevailing wage requirements or do not have a valid Project Labor or Community Workforce Agreement complies with Labor Code section Financial Implications: Staff time Contact: Zach Cowan, City Attorney, Action: Adopted first reading of Ordinance No. 7,495 N.S as amended in Supplemental Reports Packet #2 to add subsection F to Section defining Responsible or Qualifying representative as an officer (if a corporation), general partner (if a partnership or a limited partnership), managing member (if a limited liability company) or qualifying person associated with the Owner, contractor and/or subcontractor. A qualifying person is defined in Section 7068 of the California Business and Professions Code. ; substituting the term responsible qualifying representative for authorized representative in Sections and ; and renaming Section as Pay Transparency Attestation. Second reading scheduled for July 19, Tuesday, July 12, 2016 ANNOTATED AGENDA Page 3

4 Consent Calendar 6. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on July 12, 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 - $999,272 Contact: Henry Oyekanmi, Finance, Action: Approved recommendation. 7. Increase the Not to Exceed (NTE) Limit for Satellite Affordable Housing Associates Lease of 1521 and 1523 University Avenue for Mental Health Services for Tenant Improvements Recommendation: Adopt a Resolution authorizing the City Manager to increase the Not to Exceed (NTE) limit associated with Contract No with Satellite Affordable Housing Associates (SAHA) by $1,200,000 to fund tenant Improvements for the property located at 1521 and 1523 University Avenue for the provision of needed mental health services. Financial Implications: See report Contact: Paul Buddenhagen, Housing and Community Services, Action: Adopted Resolution No. 67,604 N.S. 8. Contract: Persimmony Electronic Case Management System Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Persimmony International, Inc. for software licensing, implementation and maintenance services for the online Electronic Case Management system for an amount not to exceed $175,580 for the period July 1, 2016 through June 30, Financial Implications: Target Case Management/Linkages - $175,580 Contact: Savita Chaudhary, Information Technology, Action: Adopted Resolution No. 67,605 N.S. 9. Contract No. 9114C Amendment: Stockton Tri Industries, Inc. to Clean, Paint, and Repair Refuse and Recycling Debris Bins Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9114C with Stockton Tri Industries, Inc. to increase the contract by $50,000 for a total amount not to exceed $100,000 to clean, paint, and repair refuse and recycling debris bins through June 30, Financial Implications: Various Funds - $50,000 Contact: Phillip Harrington, Public Works, Action: Adopted Resolution No. 67,606 N.S. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 4

5 Consent Calendar 10. Purchase Orders: Western Pacific Signal Traffic Signal Equipment Upgrades Recommendation: Adopt a Resolution authorizing the City Manager to execute multi-year purchase orders with Western Pacific Signal for the purchase of equipment and parts to upgrade and enhance existing Traffic Signal equipment at street intersections citywide in an amount not to exceed $800,000 for FY 2017 through FY Financial Implications: Measure BB Local Streets & Roads Fund - $800,000 Contact: Phillip Harrington, Public Works, Action: Adopted Resolution No. 67,607 N.S. 11. Lease Amendment: International Computer Science Institute at 1947 Center Street Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a retroactive amendment to Contract No. R7593A, the lease with International Computer Science Institute, to decrease the square footage and provide a rent adjustment for the nine month term April 1, 2016 to December 31, Financial Implications: See report Contact: Phillip Harrington, Public Works, Action: Adopted first reading of Ordinance No. 7,496 N.S. Second reading scheduled for July 19, Lease Agreement: California Department of Transportation for Storage Space at I-80/University Avenue Underpass Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any necessary amendments with the California Department of Transportation for Freeway Lease Area No. 04-ALA located at the I-80/University Avenue underpass at Second Street. Financial Implications: Zero Waste Fund - $13,500 Contact: Phillip Harrington, Public Works, Action: Adopted first reading of Ordinance No. 7,497 N.S. Second reading scheduled for July 19, Council Consent Items Tuesday, July 12, 2016 ANNOTATED AGENDA Page 5

6 Council Consent Items 13. Official City Sponsor of and D-13 Allocation for Berkeley-East Bay Humane Society s Bark (& Meow) Around The Block From: Councilmember Moore Recommendation: Approve City sponsorship with financial support of Berkeley-East Bay Humane Society s 4th Annual Bark (and Meow) Around the Block and adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember to the Berkeley-East Bay Humane Society s 4th Annual Bark (& Meow) Around the Block with funds relinquished to the City s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Moore and any other Councilmembers who would like to contribute. Financial Implications: $1,200 Contact: Darryl Moore, Councilmember, District 2, Action: Approved recommendation and adopted Resolution No. 67,608 N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Moore - $100; Councilmember Wengraf - $100; Councilmember Arreguin - $100; Councilmember Anderson - $100; Councilmember Maio - $ Allocation of D-13 Funds to the Unveiling Event of the William Byron Rumford Art Installation From: Councilmembers Moore and Anderson Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember for the unveiling event for the new William Byron Rumford art installation on Sacramento Street at Julia Street in South Berkeley with funds relinquished to the City s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Moore and Anderson, and any other Councilmembers who would like to contribute. Financial Implications: Councilmember's Discretionary Funds - $1,000 Contact: Darryl Moore, Councilmember, District 2, Action: Adopted Resolution No. 67,609 N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Moore - $250; Councilmember Wengraf - $100; Councilmember Arreguin - $100; Councilmember Anderson - $1000; Councilmember Maio - $100; Councilmember Capitelli - $100; Mayor Bates - $200. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 6

7 Council Consent Items 15. Youth Spirit Artworks Request Permit Fee Waiver From: Councilmember Anderson Recommendation: That the City of Berkeley waive the permit fee for Youth Spirit Artworks (YSA) to install a new Visions of Mother Nature mosaic bench in front of their building at 1740 Alcatraz Avenue. Financial Implications: $1,600 Contact: Max Anderson, Councilmember, District 3, Action: Adopted Resolution No. 67,610 N.S. as revised in Supplemental Reports Packet #1 for Councilmember contributions to the General Fund for a municipal purpose, and revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Moore - $100; Councilmember Wengraf - $250; Councilmember Anderson - $300; Councilmember Maio - $100; Mayor Bates - $ Urging the California State Legislature to Amend or Oppose the By Right Housing Approvals Budget Trailer Bill From: Councilmember Arreguin Recommendation: Adopt a Resolution urging the California State Legislature to amend or oppose the By-Right Housing Approvals Budget Trailer Bill in recognition of Berkeley s local planning tools and significant contributions to regional housing development. Copies of the Resolution are to be sent to Governor Jerry Brown, State Senate President Pro Tem Kevin De Leon, Senator Loni Hancock, Assembly Speaker Anthony Rendon and Assemblymember Tony Thurmond. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, Action: Item held over to July 19, Letter Urging Opening of Public Restrooms at Downtown Berkeley BART From: Councilmember Arreguin Recommendation: Send a letter to the BART Board of Directors urging them to open the restrooms at the Downtown Berkeley BART station as part of the Modernization Plan. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, Action: Approved recommendation. 18. Proclamation Honoring Daveed Diggs From: Councilmember Worthington Recommendation: Adopt a proclamation honoring Daveed Diggs. Financial Implications: None Action: Adopted proclamation. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 7

8 Council Consent Items 19. A.C. Transit Southside Pilot Project for Transit Improvements From: Councilmember Worthington Recommendation: Approve the AC Transit Southside Pilot Project for transit improvements. Financial Implications: Minimal Action: Item held over to September 13, Endorse California Initiative Created by SB 254 to Initiate a Process to Overturn Citizens United From: Councilmember Worthington Recommendation: Endorse the initiative created by SB 254 to allow voters to initiate a process requiring the Secretary of State to communicate the results of this election to the United States Congress in order to potentially overturn Citizens United Financial Implications: Minimal Action: Approved recommendation. 21. Support the BART Fix-It-First General Obligation Bond Measure for BART Safety, Reliability and Traffic Relief Program From: Councilmember Worthington Recommendation: For the City of Berkeley to support the BART General Obligation Bond Measure, which would allocate funds to improving, restructuring and rebuilding critical BART infrastructure. Financial Implications: Minimal Action: Approved recommendation. 22. Support the AC Transit Ballot Measure to Extend Measure V V s Parcel Tax for the Next Twenty Years From: Councilmembers Worthington and Capitelli Recommendation: Support AC Transit s ballot measure to extend the Measure V V parcel tax in the November 2016 election, with no increase to the tax rate. Financial Implications: Minimal Action: Approved recommendation. 23. Support HR 5373: the LGBT Data Inclusion Act of 2016 From: Councilmembers Worthington, Moore, and Droste Recommendation: Support H.R the LGBT Data Inclusion Act of Financial Implications: Minimal Action: Approved recommendation. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 8

9 Council Consent Items 24. Support the California Control, Regulate, and Tax Adult Use of Marijuana Initiative (# ) Proposal for the November 2016 Ballot From: Councilmembers Worthington and Moore Recommendation: Adopt a Resolution supporting California s Control, Regulate, and Tax Adult Use of Marijuana Initiative (# ) for the November 2016 Ballot. Financial Implications: Minimal Action: Councilmember Arreguin added as a co-sponsor. Adopted Resolution No. 67,611 N.S. 25. Send Letter to the Alameda County Registrar of Voters to Request More Ballot Drop Boxes in the City of Berkeley From: Councilmembers Worthington, Wengraf, and Arreguin Recommendation: Send a letter to the Alameda County Registrar of Voters to request installation of more ballot drop boxes in the City of Berkeley. Financial Implications: Minimal Action: Approved recommendation. 26. Support the Justice that Works Act of 2016 State Initiative to End the Death Penalty From: Councilmember Worthington Recommendation: Support the Justice That Works Act of 2016 state initiative to end the death penalty in the upcoming November 2016 state ballot. Financial Implications: Minimal Action: Approved recommendation. 27. Refer to City Manager to Consider Applying for $100,000 from the Better Together Resilient Communities Grant Program From: Councilmember Worthington Recommendation: That the City Manager consider applying for the $100,000 grant that PG&E s Better Together Resilient Communities grant program will offer in the beginning of Financial Implications: Minimal Action: Approved recommendation. 28. St. John s Child Care Center s 40th Anniversary Proclamation From: Councilmember Droste Recommendation: Adopt a proclamation honoring St. John s Child Care Center to be presented at the July 19 Council Meeting. Financial Implications: None Contact: Lori Droste, Councilmember, District 8, Action: Adopted proclamation. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 9

10 Council Consent Items Action Calendar Public Hearings 29. ZAB Appeal: 1310 Haskell Street Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit No. ZP to demolish an existing single-family dwelling and accessory structure and construct three new detached, two-story dwellings totaling approximately 6,229 square feet, and dismissing the appeal. Financial Implications: None Contact: Carol Johnson, Planning and Development, Public Testimony: The Mayor opened the public hearing. 27 speakers. M/S/C (Maio/Moore) close the public hearing. Vote: Ayes Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes None; Abstain None; Absent Worthington. Councilmember Worthington absent 8:51 p.m. 9:14 p.m. Action: M/S/C (Moore/Anderson) to adopt Resolution No. 67,612-N.S. denying Use Permit No. ZP without prejudice based on detriment resulting from impacts on: - Parking - Noise - Shadows, light and air - Privacy - Density/Incompatibility with neighborhood - Inconsistency with BMC Section 23D , subdivisions (A), (C) and (D). Vote: Ayes Maio, Moore, Anderson, Arreguin, Bates; Noes None; Abstain Capitelli, Wengraf, Worthington, Droste. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 10

11 Action Calendar Public Hearings 30. Update Rate Setting Authority at On-Street and Off-Street Parking Facilities Recommendation: Conduct a public hearing, and upon conclusion: 1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter Parking Meters to update parking policies and rate setting authority for onstreet meters managed under the goberkeley Program; and 2. Adopt a Resolution updating parking policies and rate setting authority for onstreet parking meters and off-street parking facilities managed under the goberkeley Program; and rescinding Resolution Nos. 66,245-N.S. (goberkeley Pilot Off-Street Policies) and 66,357-N.S. (goberkeley Pilot First Hour Free Policy). Financial Implications: None Contact: Phillip Harrington, Public Works, Public Testimony: The Mayor opened the public hearing. 2 speakers. M/S/C (Bates/Moore) to close the public hearing. Vote: Ayes Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes None; Abstain None; Absent Maio, Worthington. Councilmember Worthington absent 9:32 p.m. 9:36 p.m. Councilmember Maio absent 9:32 p.m. 9:42 p.m. Action: M/S/C (Moore/Arreguin) to: 1. Adopt first reading of Ordinance No. 7,498 N.S. Second reading scheduled for July 19, Adopt Resolution No. 67,613 N.S. Vote: Ayes Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes None; Abstain None; Absent Maio. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 11

12 Action Calendar Public Hearings 31. Revisions to the Affordable Housing Mitigation Fee; Amending Berkeley Municipal Code Section Recommendation: Conduct a public hearing and upon conclusion: 1. Adopt a Resolution setting the fee for the Affordable Housing Mitigation Fee established in Berkeley Municipal Code at $34,000 per unit, and establishing a discount to $30,000 for projects that do not currently have a complete application and elect to pay the fee at Building Permit issuance in the next 18 months; and amending Resolution No. 65,920-N.S. 2. Adopt first reading of an Ordinance amending Berkeley Municipal Code Section to increase the number of units accepted in lieu of the Affordable Housing Mitigation Fee to a number equivalent to 20% of the number of market rate units, and requiring half of those units to be provided to households with incomes at or below 50% of area median income and half to households with incomes at or below 80% of area median income. Financial Implications: See report Contact: Paul Buddenhagen, Housing and Community Services, Public Testimony: The Mayor opened the public hearing. 4 speakers. M/S/C (Bates/Moore) to close the public hearing. Vote: All Ayes. Action: M/S/C (Worthington/Maio) to: 1. Adopt Resolution No. 67,614 N.S. setting the fee for the Affordable Housing Mitigation Fee established in Berkeley Municipal Code at $34,000 per unit, and establishing a discount to $30,000 for projects that do not currently have a complete application and elect to pay the fee at Building Permit issuance in the next 18 months; and amending Resolution No. 65,920-N.S. 2. Adopt first reading of Ordinance No. 7,499 N.S. amending Berkeley Municipal Code Section to increase the number of units accepted in lieu of the Affordable Housing Mitigation Fee to a number equivalent to 20% of the number of market rate units, and requiring half of those units to be provided to households with incomes at or below 50% of area median income and half to households with incomes at or below 80% of area median income. Second reading scheduled for July 19, Vote: All Ayes. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 12

13 Action Calendar Old Business 32. 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 (Continued from May 24, 2016) 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 Action: Item 32 considered concurrently with Item 39. See Item 39 for Action. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 13

14 Action Calendar Old Business 33. Extending Operating Hours in Commercial Districts (Continued from June 28, 2016) 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, Action: 7 speakers. M/S/C (Arreguin/Bates) to Refer to the Planning Commission to consider amending the Zoning Ordinance to extend operating hours of businesses in commercial districts as follows: 24 hours in the Downtown and until 11:00 p.m. in 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.; However, sales and service of alcoholic beverages is limited to full-service restaurants; 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. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes None; Abstain None; Absent Anderson. Councilmember Anderson absent 10:37 p.m. 10:57 p.m. 34. Referral to Planning Commission: Community Hospital Zoning Overlay (Continued from June 28, 2016) From: Councilmember Arreguin Recommendation: Refer to the Planning Commission the creation of an overlay zone for the area bounded by Ashby Avenue to the north, Colby Street to the west, Hospital Drive to the south, and Regent Street to the east (see attached map) to maintain existing community hospital uses. The overlay zone would supersede the uses permitted in the underlying zoning districts. Financial Implications: Staff time Contact: Jesse Arreguin, Councilmember, District 4, Action: Item held over to September 27, Tuesday, July 12, 2016 ANNOTATED AGENDA Page 14

15 Action Calendar Old Business 35. Opposition to Sutter Health Corporation s Plans to Cease Operations at Alta Bates Hospital in Berkeley, and Further Requesting City to Identify Opportunities to Seismically Retrofit the Current Location (Continued from June 28, 2016) From: Councilmembers Worthington, Anderson, and Arreguin Recommendation: Adopt a Resolution opposing Sutter Health Corporation s plans to cease operations at Alta Bates Hospital in Berkeley, and request that city departments identify opportunities to seismically retrofit the current location. Financial Implications: See report Action: Item sponsors amended to be Councilmembers Worthington, Droste, Capitelli, and Moore. Item Moved to Consent Calendar. Adopted Resolution No. 67,615 N.S. as amended in Supplemental Reports Packet #1. Action Calendar New Business 36. Initiative Petition: Increasing Business License Tax on Residential Rentals and Authorizing the City Council to Establish a New Legislative Body to Advise the Council on Affordable Housing and Homelessness Recommendation: 1. Take action on the initiative petition to: a) Adopt the provisions of the measure without alteration. -ORb) Adopt a Resolution submitting the measure, without alteration, to a vote of the people 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 9282(b). Financial Implications: See report Contact: Mark Numainville, City Clerk, Action: Moved to Consent Calendar. 1. Adopted Resolution No. 67,616 N.S. revised to change the Financial Implications section of the ballot label to state the estimated revenue at $1,400, Designated Councilmembers Worthington and Arreguin to author arguments against the initiative measure on behalf of the City Council. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 15

16 Action Calendar New Business 37. Amending BMC Section A to Allow Six Dispensaries Recommendation: Adopt first reading of an Ordinance amending Section A of the Berkeley Municipal Code, to increase the number of permitted medical cannabis dispensaries in the City of Berkeley from four to six. Financial Implications: Staff time Contact: Zach Cowan, City Attorney, Action: Moved to Consent Calendar. Adopted first reading of Ordinance No. 7,500 N.S. amending Section A of the Berkeley Municipal Code, to increase the number of permitted medical cannabis dispensaries in the City of Berkeley from four to six. Second reading scheduled for July 19, Vote: Ayes Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes None; Abstain Maio, Droste. 38. Modify Zoning Ordinance to Increase the Number of Medical Cannabis Dispensaries; Amending BMC Section 23E Recommendation: Adopt first reading of an Ordinance amending Section 23E of the Berkeley Municipal Code Zoning Ordinance to increase the number of medical cannabis dispensaries permitted in Berkeley. Financial Implications: See report Contact: Carol Johnson, Planning and Development, Action: Moved to Consent Calendar. Adopted first reading of Ordinance No. 7,501 N.S. amending Section 23E of the Berkeley Municipal Code Zoning Ordinance to increase the number of medical cannabis dispensaries permitted in Berkeley. Second reading scheduled for July 19, Vote: Ayes Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes None; Abstain Maio, Droste. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 16

17 Action Calendar New Business 39. Zoning Ordinance Amendments to Increase the Floor Area Ratio (FAR) and Building Heights in Portions of the Telegraph Avenue Commercial (C-T) District; Amending BMC Chapter 23E.56 Recommendation: Adopt first reading of an Ordinance amending the Zoning Ordinance, Berkeley Municipal Code Chapter 23E.56, Telegraph Commercial District (C-T) to increase the floor area ratio and building heights in portions of the Telegraph Avenue Commercial (C-T) District. Financial Implications: None Contact: Carol Johnson, Planning and Development, Action: 17 speakers. M/S/C (Worthington/Capitelli) to adopt first reading of Ordinance No. 7,502 N.S. with the amendments listed below and refer to the City Manager to develop community benefit requirements, with a focus on labor practices and affordable housing. Second reading scheduled for July 19, E A The Floor Area Ratio (FAR) and stories shall not exceed the following limits 23E B.2 The maximum height shall be feet 23E B.3 The Zoning Board may approve a Use Permit to increase a project s FAR to 6.0 and maximum height to feet if at least 50% of the total building area is for residential use, subject to the finding required under Section 23E G. 23E C - (remove entire subsection) Vote: All Ayes. Action: M/S/Failed (Maio/Wengraf) to suspend the rules and extend the meeting to 11:15 p.m. Vote: Ayes Maio, Moore, Arreguin, Wengraf, Bates; Noes Capitelli, Worthington, Droste; Abstain None; Absent Anderson. Action: M/S/Failed (Maio/Worthington) to hold over Item 16 to July 19, 2016 and to suspend the rules and extend the meeting to 11:15 p.m. for consideration of Item 40 only. Vote: Ayes Maio, Arreguin, Worthington, Bates; Noes Capitelli, Wengraf, Droste; Abstain Moore; Absent Anderson. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 17

18 Council Action Items 40. Urban Agriculture Package From: Councilmember Arreguin Recommendation: Refer to the Planning Commission the development of an Urban Agriculture package that includes the following amendments to the Zoning Ordinance: 1. Designate urban agriculture as a primary and incidental use category and define as, the production of food or horticultural crops for harvest, sale, and/or donation. 2. Add urban agriculture as an Outdoor Use in all Commercial zones as well as the MU-LI and MU-R zones. Permit urban agriculture in these zones on lots less than 40,000 sq. ft. as a by-right use. Lots greater than 40,000 sq. ft. will require an Administrative Use Permit (AUP). 3. Permit urban agriculture on occupied lots in residential zones as a by-right use. 4. Define rooftop gardens and develop requirements that comply with existing building codes. 5. Permit accessory uses, including sheds, greenhouses, trellises, pergolas and fences, as a by-right use on occupied and vacant lots used for urban agriculture that satisfy requirements cited in Sections 23D and 23E Permit group class instruction, community gatherings, and sales as a by-right use in all zones similar to Residential (Section 23C (B)). Specifically in the M and MM zones, update Sections 23E and 23E , which state that sales are only permitted on 10% of the floor area, to allow goods manufactured on site to be sold as an exempt accessory use requiring only a zoning certificate. 7. Permit sales of value-added products or processed food products to be sold on site during the sales of non-processed edibles or plants that comply with the State of California Homemade Food Act. Financial Implications: Staff time Contact: Jesse Arreguin, Councilmember, District 4, Action: Item held over to July 19, 2016 with revised materials in Supplemental Reports Packet # Community Control of Surveillance Equipment From: Councilmember Worthington Recommendation: Refer to the City Manager, the Police Review Commission, and the Peace and Justice Commission to consider an ordinance on community control of surveillance equipment. Financial Implications: Minimal Action: Moved to Consent Calendar. Adopted revised recommendation in Supplemental Reports Packet #1 as follows: Refer to the City Manager, the Police Review Commission, and the Peace and Justice Commission to consider adopting a community control of surveillance measure similar to that of Ordinance No. NS of Santa Clara County. Tuesday, July 12, 2016 ANNOTATED AGENDA Page 18

19 Public Comment Items Not Listed on the Agenda - 1 speaker. Adjournment Action: M/S/C (Bates/Capitelli) to adjourn the meeting. Vote: Adjourned at 10:57 p.m. Communications Item 29: ZAB Appeal: 1310 Haskell Street 1. Mary Trew Funding Non-Profits 2. Boona Cheema Liquefaction Zone / Old City Hall 3. Kelly Hammargren Civic Arts Program Funding 4. Patrick Dooley Tobacco Tax 5. Linda Franklin Encampments 6. Peter Bluhon 7. Daniel Rabin 8. Richard Roos-Collins 9. Eric Wong Burial/Cultural Remains 10. Richard Schwartz Street Sweeping 11. Dan Johnson Fire Hazards 12. Unknown Library Concerns 13. Wen-Chin Chen similarly-worded letters, submitted by Roya Arasteh, Anne-Marie Miller, Katie Newman, Gregory Scharpen, Judith Perlin, Phoebe Sorgen, Julie Silber, Dorothea Dorenz, Deanne Stone, John Van Eyck, Alia McKean, Margaret Goodman, Lois Yuen, Shirley Stuart, Bob Derbin, Isabella Radsma, Ben Rosenthal, Peter Landsberger, Jane Scantlebury, Janet Perlman, Guy Wohlford, Carol Sawdey, Lucy Bledsoe, Charlotte Shoemaker, Margaret Wilkinson, Cecile Pineda (2), Kristen Svetik, Cindy Shamban, Anat Silvera, Claire Murphy (2), Helen Wheeler, Margaret Wotkyns, Marge Sussman, Evelyn Gahtan, Michael Katz, Phillip Scott, Tree Stuber, Barbara Hadenfeldt, Barbara Bibel, Barbara Bent, Jared Wood, Sarah Nelson, Tuesday, July 12, 2016 ANNOTATED AGENDA Page 19

20 Robert Howard, Claire Carsman, Vanessa Hardy, Nick Mastick, Claire Schoen, June Sheffield, Mary Flanagan, Lucy Medrich, Pat Mullan, David Segall, Carol Lashof, Norman Johnson, Elizabeth Vega, Betsy & Harlley McKean, Laura Goodman, Brett Hendrickson, Tanya Grove, David Peattie, Masako Kasai, Mutsuo Kasai, Ned Bresnahan, Bridget Boylan, Sherry Wang, Linh Nguyen, Jo Trotter, Cathy Kuo, Marilyn Simons - Referred to the City Manager by Councilmember Worthington Supplemental Communications and Reports 1 Item 4: One-Percent for Public Art on Private Projects Ordinance, Adding Berkeley Municipal Code Chapter 23C Patrick Dooley 16. Kyila Sninsky Item 15: Youth Spirit Artworks Request Permit Fee Waiver 17. Revised materials, submitted by Councilmember Anderson Item 31: Revisions to the Affordable Housing Mitigation Fee; Amending Berkeley Municipal Code Section Matthew Lewis, on behalf of the ASUC Housing Commission Item 32: 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 19. Matthew Lewis, on behalf of the ASUC Housing Commission Item 35: Opposition to Sutter Health Corporation s Plans to Cease Operations at Alta Bates Hospital in Berkeley, and Further Requesting City to Identify Opportunities to Seismically Retrofit the Current Location 20. Deborah Bayer 21. Emily Stoper 22. Susanne DeWitt Item 39: Zoning Ordinance Amendments to Increase the Floor Area Ratio (FAR) and Building Heights in Portions of the Telegraph Avenue Commercial (C-T) District; Amending BMC Chapter 23E Berkeley Architectural Heritage Association Item 40: Urban Agriculture Package 24. Martin Bourque, on behalf of the Ecology Center 25. Sally Hughes 26. Jaine Gilbert Item 41: Community Control of Surveillance Equipment 27. Revised materials, submitted by Councilmember Worthington Supplemental Communications and Reports 2 Item 5: Adding Berkeley Municipal Code Chapter Wage Theft 28. Revised materials, submitted by Councilmember Capitelli 29. Bruce Wick, on behalf of California Professional Association of Specialty Contractors Tuesday, July 12, 2016 ANNOTATED AGENDA Page 20

21 30. Scott Littlehale Item 16: Urging the California State Legislature to Amend or Oppose the By Right Housing Approvals Budget Trailer Bill 31. Supplemental materials, submitted by Councilmember Worthington 32. Diego Aguliar-Canabal 33. Julie Ashworth 34. David Mellis 35. Jay Claiborne 36. Liz Kaplan 37. Matt Wickland 38. Rosemary Ehat 39. Dorothy Walker 40. Joseph Poirier (2) 41. Richard Lipperman 42. Esther Lerman 43. Libby Lee-Egan 44. Ron Dion 45. Patrick Kennedy 46. Rose Cochran 47. Joe Distefano 48. Valerie Knepper (2) 49. Sheila Goldmacher 50. Diana Bohn (2) 51. Donald Morgan 52. Rob Wrenn 53. David Fielder 54. Charlene Woodcock 55. Nanci Armstrong-Temple 56. Rose Glickman (2) 57. Bonnie Hughes 58. Laura Murra 59. Linda Franklin 60. Caren Quay 61. Kate Harrison 62. Judy Nakadegawa 63. Vincent Casalaina 64. Marlon Maus 65. E. Keir 66. Julianna Dickey 67. Francine Cavaliere 68. Carolynn Scarr 69. Jack Kurzweil 70. Margy Wilkinson 71. Barbara Thompson 72. Mary Nash 73. Joanne Sultar Tuesday, July 12, 2016 ANNOTATED AGENDA Page 21

22 74. Eugene Turitz 75. Phil Allen 76. Ellen Woods 77. Zipporah Collins 78. Fred Dodsworth (2) 79. Julia Cato 80. Mark Brucker 81. Susan Matisoff 82. John Lau 83. Kate Funk 84. Bill Bogert 85. Alex Katis 86. Adolfo Cabral 87. Igor Tregub 88. Elizabeth Davids 89. Matthew Smith 90. Karl Knobler 91. Matthew Lewis 92. Berkeley Tenants Union Item 29: ZAB Appeal: 1310 Haskell Street 93. Leonard Gabriele Item 31: Revisions to the Affordable Housing Mitigation Fee; Amending Berkeley Municipal Code Section Tobias Riedener 95. Dorothy Hsu 96. Josh Lavine 97. Lily Woo 98. Sonia Torres Item 33: Extending Operating Hours in Commercial Districts 99. Matthew Lewis Item 35: Opposition to Sutter Health Corporation s Plans to Cease Operations at Alta Bates Hospital in Berkeley, and Further Requesting City to Identify Opportunities to Seismically Retrofit the Current Location 100. Revised materials, submitted by Councilmember Worthington 101. Margaret Christoffer 102. Nancy Schimmel 103. Karrin Vanderwal 104. Charles Halpern 105. Garry Horrocks 106. Polly Rosenthal 107. Jonica Brooks 108. Katharine Sparks 109. Susan Pomeroy 110. Josie Camacho, on behalf of the Alameda Labor Council 111. Mary Ann Brewin Tuesday, July 12, 2016 ANNOTATED AGENDA Page 22

23 112. Melinda Roberts 113. Lillian Braudy 114. Sara Reed 115. Corinne Gustafson 116. Barbara Abrams 117. Elena Saxonhouse 118. Robin McCrane 119. Sherry Drobner 120. Summer Brenner Item 36: Initiative Petition: Increasing Business License Tax on Residential Rentals and Authorizing the City Council to Establish a New Legislative Body to Advise the Council on Affordable Housing and Homelessness 121. Walter Kieser Item 40: Urban Agriculture Package 122. Revised materials, submitted by Councilmember Arreguin Supplemental Communications and Reports 3 Item 16: Urging the California State Legislature to Amend or Oppose the By Right Housing Approvals Budget Trailer Bill 123. Diane Wolf 124. Lorraine Lerman Item 29: ZAB Appeal: 1310 Haskell Street 125. Presentation, submitted by Planning & Development Item 35: Opposition to Sutter Health Corporation s Plans to Cease Operations at Alta Bates Hospital in Berkeley, and Further Requesting City to Identify Opportunities to Seismically Retrofit the Current Location 126. Chuck Prosper, on behalf of Sutter Health 127. Janice Ruchlis 128. Sue & Wen Wu Item 39: Zoning Ordinance Amendments to Increase the Floor Area Ratio (FAR) and Building Heights in Portions of the Telegraph Avenue Commercial (C-T) District; Amending BMC Chapter 23E Presentation, submitted by Planning & Development Mental Health Adult Clinic Closure and Relocation 130. Health, Housing & Community Services Tuesday, July 12, 2016 ANNOTATED AGENDA Page 23