Page 1 of 12. Office of the City Manager CONSENT CALENDAR September 20, 2016

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1 Page 1 of 12 Office of the City Manager CONSENT CALENDAR September 20, 2016 To: From: Honorable Mayor and Members of the City Council Dee Williams-Ridley, City Manager Submitted by: Mark Numainville, City Clerk Subject: Minutes for Approval RECOMMENDATION Approve the minutes for the Council meetings of August 26, 2016 (special), August 29, 2016 (special and special closed), and August 31, 2016 (special). CONTACT PERSON Mark Numainville, City Clerk, Attachments: 1. August 26, 2016 Special City Council Meeting 2. August 29, 2016 Special City Council Meeting 3. August 29, 2016 Special Closed City Council Meeting 4. August 31, 2016 Special City Council Meeting 2180 Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) manager@cityofberkeley.info Website:

2 Page 2 of 12 Attachment 1 MINUTES SPECIAL MEETING OF THE BERKELEY CITY COUNCIL Friday, August 26, :30 A.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: 11:33 a.m. Councilmembers Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington and Mayor Bates. Councilmember Anderson. Public Comment is limited to items on this agenda only. Action Calendar 1. Adoption of Revised Minimum Wage Ordinance Chapter and New Paid Sick Leave Ordinance Chapter From: Councilmembers Capitelli, Droste, Wengraf, and Maio Recommendation: 1. Adopt first reading of an Ordinance repealing the existing Minimum Wage Ordinance and adopting a revised Minimum Wage Ordinance Chapter Adopt first reading of an Ordinance adopting a new Paid Sick Leave Ordinance Chapter Instruct staff to attempt to withdraw and replace ballot argument for Measure BB (Minimum Wage Ordinance) urging voters to reject existing Minimum Wage measures. Financial Implications: See report Contact: Councilmember Laurie Capitelli, ; Councilmember Lori Droste, ; Councilmember Susan Wengraf, ; Councilmember Linda Maio, Action: 21 speakers. M/S/C (Bates/Arreguin) to accept revised material from Councilmember Capitelli. Friday, August 26, 2016 MINUTES Page 1

3 Page 3 of 12 Action Calendar Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes None; Abstain None; Absent Anderson. Action: M/S/C (Capitelli/Arreguin) to: 1. Adopt first reading of Ordinance No. 7,505 N.S. repealing the existing Minimum Wage Ordinance and adopting a revised Minimum Wage Ordinance BMC Chapter 13.99, and adopting a new Paid Sick Leave Ordinance BMC Chapter with the following revisions. Second reading scheduled for August 29, Section A revised to read as follows: A. By August 1, 2017, the Department shall publish and make available to Employers a bulletin announcing the Minimum Wage rate which shall take effect on October 1, By August 1, 2018, the Department shall publish and make available to Employers a bulletin announcing the Minimum Wage rate which shall take effect on October 1, By November 1, 2018 and by November 1 of each year thereafter, the Department shall publish and make available to Employers a bulletin announcing the adjusted Minimum Wage rate, which shall take effect on January 1 of the following year. In conjunction with this bulletin, the Department shall by the same dates specified above August 1 of each year publish and make available to Employers, in all languages spoken by more than five percent of the work force in the City, a notice suitable for posting by Employers in the workplace informing Employees of the current Minimum Wage rate and of all their rights under this Chapter. Section A revised to read as follows: A. Guidelines. The Department shall be authorized to coordinate implementation and enforcement of this Chapter and may shall promulgate appropriate guidelines or rules for such purposes within 90 days of the date on which this Chapter becomes effective. The Department shall seek out partnerships with community-based organizations and collaborate with the Berkeley Labor Commission on Labor to facilitate effective implementation and enforcement of this Chapter. Any guidelines or rules promulgated by the Department shall have the force and effect of law and may be relied on by Employers, Employees and other parties to determine their rights and responsibilities under this Chapter. Any guidelines or rules may establish procedures for ensuring fair, efficient and costeffective implementation of this Chapter, including supplementary procedures for helping to inform Employees of their rights under this Chapter, for monitoring Employer compliance with this Chapter, and for providing administrative hearings to determine whether an Employer or other person has violated the requirements of this Chapter. Section revised to read as follows: The purpose of this Chapter is to ensure provides for payment of a local Minimum Wage and minimum labor standards. This Chapter shall not be construed to preempt or otherwise limit or affect the applicability of any other law, regulation, requirement, policy or standard that provides for payment of higher or supplemental wages or benefits, or that extends other protections. This Chapter Friday, August 26, 2016 MINUTES Page 2

4 Page 4 of 12 Action Calendar shall not be construed to limit a discharged Employee s right to bring a common law cause of action for wrongful termination. Remove Section Exemptions. Renumber Section Severability to Section Instruct staff to attempt to withdraw and replace the ballot argument for Measure BB (Minimum Wage Ordinance) urging voters to reject existing Minimum Wage measures, call a special closed session meeting for August 29, 2016 at 9:15 am, and add an item to the August 29, 2016 special meeting agenda for public reports of actions taken at the special closed session meeting. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes None; Abstain None; Absent Anderson. Adjournment Action: M/S/C (Moore/Bates) to adjourn the meeting. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes None; Abstain None; Absent Anderson. Adjourned at 12:20 p.m. in memory of: 1. Alex Goodwin, Jr. This is to certify that the foregoing is a true and correct copy of the minutes of the special meeting of August 26, Rose Thomsen, Deputy City Clerk Communications Item 1: Adoption of revised Minimum Wage Ordinance Chapter and new Paid Sick Leave Ordinance Chapter Harry Brill 2. Margo Lowe Supplemental Communications and Reports 1 None Friday, August 26, 2016 MINUTES Page 3

5 Page 5 of 12 Supplemental Communications and Reports 2 Item 1: Adoption of Revised Minimum Wage Ordinance Chapter and New Paid Sick Leave Ordinance Chapter Shawn Hecht 4. Chris Gilbert (2) 5. Marion Abbott and Ann Leyhe 6. Nancy Carleton 7. Rhiannon 8. Mary Canales Supplemental Communications and Reports 3 Item 1: Adoption of Revised Minimum Wage Ordinance Chapter and New Paid Sick Leave Ordinance Chapter Revised materials, submitted by Councilmember Capitelli 10. Matthew & Jeffrey Gray, on behalf of Graysix Company Friday, August 26, 2016 MINUTES Page 4

6 Page 6 of 12 Attachment 2 MINUTES SPECIAL MEETING OF THE BERKELEY CITY COUNCIL Monday, August 29, :00 A.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: 9:04 a.m. Councilmembers Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington and Bates. Councilmember Anderson. Public Comment is limited to items on this agenda only. Action Calendar 1. Adoption of Revised Minimum Wage Ordinance BMC Chapter and New Paid Sick Leave Ordinance BMC Chapter From: Councilmembers Capitelli, Droste, Wengraf, and Maio Recommendation: Adopt second reading of Ordinance No. 7,505-N.S. repealing the existing Minimum Wage Ordinance and adopting a revised Minimum Wage Ordinance BMC Chapter 13.99, and adopting a new Paid Sick Leave Ordinance BMC Chapter First Reading Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes None; Absent Anderson. Financial Implications: See report Contact: Councilmember Laurie Capitelli, ; Councilmember Lori Droste, ; Councilmember Susan Wengraf, ; Councilmember Linda Maio, Action: 3 speakers. M/S/C (Capitelli/Wengraf) to accept revised material from Councilmember Capitelli. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes None; Abstain None; Absent Anderson. Monday, August 29, 2016 MINUTES Page 1

7 Page 7 of 12 Action Calendar Action: M/S/C (Maio/Bates) to: 1. Adopt first reading of Ordinance No. 7,505 N.S. repealing the existing Minimum Wage Ordinance and adopting a revised Minimum Wage Ordinance BMC Chapter 13.99, and adopting a new Paid Sick Leave Ordinance BMC Chapter as amended in the revised material submitted by Councilmember Capitelli. Second reading scheduled for August 31, Call a special meeting for August 31, 2016 at 12:30 p.m. for the second reading of Ordinance No. 7,505-N.S. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes None; Abstain None; Absent Anderson. Recess 9:29 a.m. 9:33 a.m. 2. Public reports of actions taken at August 29, 2016 Special Closed Session Meeting of the City Council. Action: No action taken. At the August 29, 2016 Special Closed Session meeting, the City Council authorized the City Attorney to enter into a settlement agreement stipulating to issuance of a writ of mandate under which all ballot arguments on both Measures BB and CC would be withdrawn, and new primary arguments against each measure would be substituted that state in substance that the City and the proponents of Measure CC have agreed on a compromise that has been adopted by the City Council and urging a no vote on both measures. Adjournment Action: M/S/C (Wengraf/Worthington) to adjourn the meeting. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes None; Abstain None; Absent Anderson. Adjourned at 9:35 a.m. This is to certify that the foregoing is a true and correct copy of the minutes of the special meeting of August 29, Rose Thomsen, Deputy City Clerk Communications None Supplemental Communications and Reports 1 None Monday, August 29, 2016 MINUTES Page 2

8 Page 8 of 12 Supplemental Communications and Reports 2 None Supplemental Communications and Reports 3 Item 1: Adoption of Revised Minimum Wage Ordinance BMC Chapter and New Paid Sick Leave Ordinance BMC Chapter Revised materials, submitted by Councilmember Capitelli 2. Rhiannon 3. Fred Dodsworth Monday, August 29, 2016 MINUTES Page 3

9 Page 9 of 12 Attachment 3 MINUTES BERKELEY CITY COUNCIL SPECIAL MEETING MONDAY, AUGUST 29, :15 A.M. Council Chambers 2134 Martin Luther King, Jr. Way, Berkeley, CA 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: 9:29 a.m. Councilmembers Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington and Mayor Bates. Councilmember Anderson. Public Comment - Limited to items on this agenda only 0 speakers. CLOSED SESSION: The City Council will convene in closed session to meet concerning the following: 1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION (d)(2): Threatened litigation one case The City Council will discuss with its attorneys litigation threatened by the Alameda Labor Council AFL-CIO, SEIU Local 1021, UFCW Local 5, Unite HERE 2850, AFSCME 3299, California Nurses Association, Engineers and Scientists of California, and Local 20 IFPTE concerning ballot arguments on Measure BB and Measure CC on the November 2016 ballot, which address the Berkeley minimum wage and paid sick leave. Action: No reportable action taken. OPEN SESSION: Public Reports of actions taken pursuant to Government Code section Adjournment Action: M/S/C (Bates/Maio) to adjourn the meeting. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, and Mayor Bates; Noes None; Abstain None; Absent Anderson. Adjourned at 9:33 a.m. Monday, August 29, 2016 MINUTES Page 1

10 Page 10 of 12 This is to certify that the foregoing is a true and correct copy of the minutes of the special closed meeting of August 29, Rose Thomsen, Deputy City Clerk Monday, August 29, 2016 MINUTES Page 2

11 Page 11 of 12 Attachment 4 MINUTES SPECIAL MEETING OF THE BERKELEY CITY COUNCIL Wednesday, August 31, :30 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: 12:30 p.m. Councilmembers Capitelli, Droste, Moore, Worthington and Mayor Bates. Councilmembers Arreguin, Anderson, Maio and Wengraf. Public Comment is limited to items on this agenda only. Action Calendar 1. Adoption of Revised Minimum Wage Ordinance BMC Chapter and New Paid Sick Leave Ordinance BMC Chapter From: Councilmembers Capitelli, Droste, Wengraf, and Maio Recommendation: Adopt second reading of Ordinance No. 7,505-N.S. repealing the existing Minimum Wage Ordinance and adopting a revised Minimum Wage Ordinance BMC Chapter 13.99, and adopting a new Paid Sick Leave Ordinance BMC Chapter First Reading Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes None; Absent Anderson. Financial Implications: See report Contact: Councilmember Laurie Capitelli, ; Councilmember Lori Droste, ; Councilmember Susan Wengraf, ; Councilmember Linda Maio, Action: 0 speakers. M/S/C (Moore/Worthington) to adopt second reading of Ordinance No. 7,505-N.S. Vote: Ayes Moore, Capitelli, Worthington, Droste, Bates; Noes None; Abstain None; Absent Maio, Anderson, Arreguin, Wengraf. Wednesday, August 31, 2016 MINUTES Page 1

12 Page 12 of 12 Adjournment Action: M/S/C (Bates/Moore) to adjourn the meeting. Vote: Ayes Moore, Capitelli, Worthington, Droste, Bates; Noes None; Abstain None; Absent Maio, Anderson, Arreguin, Wengraf. Adjourned at 12:31 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the special meeting of August 31, Rose Thomsen, Deputy City Clerk Communications None Supplemental Communications and Reports 1 None Supplemental Communications and Reports 2 Item 1: Adoption of Revised Minimum Wage Ordinance BMC Chapter and New Paid Sick Leave Ordinance BMC Chapter Rhiannon Supplemental Communications and Reports 3 None Wednesday, August 31, 2016 MINUTES Page 2