ANNOTATED AGENDA BERKELEY CITY COUNCIL MEETING Tuesday, May 24, :00 P.M.

ANNOTATED AGENDA BERKELEY CITY COUNCIL MEETING Tuesday, May 24, 2016 7:00 P.M. School District Board Room - 1231 Addison St., Berkeley, CA (ADA Accessible Entrance) Please enter at 1222 University Avenue 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: 7:03 p.m. Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington, Bates Anderson Ceremonial Matters: 1. Recognition of the Berkeley Film Foundation 2. Recognition of National Police Week and Police Officers Memorial Day 3. Recognition of Ruth Bossieu, Berkeley Dancer and Teacher City Manager Comments: 1. Announcement of Meeting Decorum Guidelines Public Comment on Non-Agenda Matters: 5 speakers. Public Comment on Consent Calendar and Information Items Only: 2 speakers. Consent Calendar Action: M/S/C (Bates/Maio) to accept revised material from staff on Item 10. Action: M/S/C (Maio/Bates) to authorize the following Councilmembers to submit ballot arguments on behalf of the Council: Item 5 - Redistricting Charter Amendment: Mayor Bates and Councilmember Arreguin Item 6 Low Income Housing: Councilmebers Capitelli and Arreguin Tuesday, May 24, 2016 ANNOTATED AGENDA Page 1

Consent Calendar Item 7 GANN Limit: Mayor Bates Action: M/S/C (Moore/Wengraf) to adopt the Consent Calendar in one motion except as indicated. 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, 981-7000 Action: Adopted second reading of Ordinance No. 7,474-N.S. 2. Amending BMC Sections 23E.32.010, 23E.68.080, and 23E.28.070 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.32.010, 23E.68.080, and 23E.28.070 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, 981-7400 Action: Adopted second reading of Ordinance No. 7,475-N.S. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 2

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, 981-6950 Action: Moved to Action Calendar. 2 speakers. M/S/Failed (Worthington/Arreguin) to amend the ordinance to change the prohibition from one year to two years in Sections 2.07.030 and 2.07.040. Vote: Ayes Arreguin, Worthington; Noes Bates; Abstain Maio, Moore, Capitelli, Wengraf, Droste; Absent Anderson. Action: M/S/Carried (Arreguin/Capitelli) to adopt first reading of Ordinance No. 7,476 N.S. amended in Section 2.07.040 to read A former member of a commission may not lobby the commission on which the former member served, for a period of twelve (12) months immediately following the termination of service on that commission. No other provisions of this Chapter shall apply to persons serving on a commission who are not otherwise City officials or designated employees. Second reading scheduled for June 14, 2016. 4. 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, 981-6900 Action: Approved minutes as submitted. 5. 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 9282. Financial Implications: See Report Contact: Mark Numainville, City Clerk, 981-6900 Action: Adopted Resolution No. 67,477 N.S. as revised in Supplemental Reports and Communications Packet 1 to correct the underlining in Section 9(d). Tuesday, May 24, 2016 ANNOTATED AGENDA Page 3

Consent Calendar 6. 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 9282. Contact: Mark Numainville, City Clerk, 981-6900 Action: Adopted Resolution No. 67,478 N.S. 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 9282. Contact: Henry Oyekanmi, Finance, 981-7300 Action: Adopted Resolution No. 67,479 N.S. 8. 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, 981-5400 Action: Adopted Resolution No. 67,480 N.S. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 4

Consent Calendar 9. 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, 981-5400 Action: Adopted Resolution No. 67,481 N.S. 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, 981-6800 Action: 1. Adopted Resolution No. 67,482 N.S. (Memorandum Agreement) as amended in the revised materials submitted at meeting to correct Section 10.21 of the MOU; 2. Adopted Resolution No. 67,483 N.S. (Salary) Tuesday, May 24, 2016 ANNOTATED AGENDA Page 5

Consent Calendar 11. 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, 981-6800 Action: 1. Adopted Resolution No. 67,484 N.S. (Memorandum Agreement); 2. Adopted Resolution No. 67,485 N.S. (Salary) 12. 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, 2016. Financial Implications: Playground Camp Fund - $16,470 Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700 Action: Adopted Resolution No. 67,486 N.S. 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, 981-6700 Action: Adopted Resolution No. 67,487 N.S. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 6

Consent Calendar 14. 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, 981-6300 Action: Adopted Resolution No. 67,488 N.S. 15. 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, 981-6300 Action: Adopted Resolution No. 67,489 N.S. 16. 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, 16-10997-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, 981-6300 Action: Adopted Resolution No. 67,490 N.S. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 7

Consent Calendar 17. Contract No. 9730 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. 9730 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, 981-6300 Action: Adopted Resolution No. 67,491 N.S. 18. 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) 16-11031-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, 981-6300 Action: Adopted Resolution No. 67,492 N.S. Council Consent Items 19. 2016 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, 981-7130 Action: Adopted Resolution No. 67,493 N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Maio - $100; Councilmember Moore - $250; Councilmember Capitelli - $100. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 8

Council Consent Items 20. 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, 981-7140 Action: Councilmember Moore added as a co-sponsor. Approved recommendation revised to include additional locations: San Pablo and Delaware, Ohlone Park, Strawberry Creek Park, San Pablo Park. 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, 981-7140 Action: Item removed from the Agenda by Councilmember Worthington. 22. 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, 981-7140 Action: Approved recommendation. 23. 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, 2016. Financial Implications: Councilmember's Discretionary Funds - $100 Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 Action: Adopted Resolution No. 67,494 N.S. revised to include a contribution from Councilmember Capitelli for $100. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 9

Council Consent Items 24. 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, 981-7170 Action: Adopted proclamation. 25. 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, 981-7170 Action: Approved recommendation with the following revisions: change RFQ to RFQ or RFP, change Solar to Solar and Energy Efficiency Upgrades, and change Solar Company to Consultant. 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, 981-7170 Action: Adopted proclamation. Action Calendar Public Hearings Tuesday, May 24, 2016 ANNOTATED AGENDA Page 10

Action Calendar Public Hearings 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, 981-5400 Public Testimony: The Mayor opened the public hearing. 0 speakers. M/S/C (Maio/Moore) to close the public hearing. Action: M/S/C (Maio/Moore) to adopt Resolution No. 67,495 N.S. 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 2016. Published Charges are effective July 1, 2016. Contact: Paul Buddenhagen, Housing and Community Services, 981-5400 Public Testimony: The Mayor opened the public hearing. 0 speakers. M/S/C (Maio/Moore) to close the public hearing. Action: M/S/C (Maio/Wengraf) to adopt Resolution No. 67,496 N.S. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 11

Action Calendar Public Hearings 29. 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, 981-6700 Public Testimony: The Mayor opened the public hearing. 0 speakers. M/S/C (Maio/Bates) to close the public hearing. Action: M/S/C (Maio/Bates) to adopt Resolution No. 67,497 N.S. 30. 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, 2016. Contact: Carol Johnson, Planning and Development, 981-7400 Public Testimony: The Mayor opened the public hearing. 1 speaker. M/S/C (Bates/Maio) to close the public hearing. Action: M/S/C (Maio/Wengraf) to adopt Resolution No. 67,498 N.S. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 12

Action Calendar Public Hearings 31. 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. 1982-1. Contact: Phillip Harrington, Public Works, 981-6300 Public Testimony: The Mayor opened the public hearing. 0 speakers. M/S/C (Maio/Arreguin) to close the public hearing. Action: M/S/C (Maio/Wengraf) to adopt Resolution No. 67,499 N.S. Recess 8:23 p.m. 8:36 p.m. 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 LMIN2015-0003 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, 981-7400 Public Testimony: The Mayor opened the public hearing. 23 speakers. M/S/C (Moore/Bates) to close the public hearing. Action: M/S/Failed (Wengraf/Moore) to dismiss the appeal and affirm the decision of the Landmarks Preservation Commission. Vote: Ayes Moore, Wengraf, Droste, Bates; Noes Arreguin, Worthington; Abstain Maio, Capitelli; Absent Anderson. Action: M/S/Failed (Worthington/Arreguin) to remand the appeal to the Landmarks Preservation Commission and request further consideration of the cultural resources of the site and to request expedited review. Vote: Ayes Arreguin, Worthington; Noes Maio, Wengraf, Droste, Bates; Abstain Moore, Capitelli; Absent Anderson. Item held over to June 14, 2016. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 13

Action Calendar Public Hearings 33. 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, 981-7000 Public Testimony: The Mayor opened the public hearing. 25 speakers. M/S/C (Bates/Maio) to close the public hearing. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes None; Abstain None; Absent Anderson, Droste. Councilmember Droste absent 9:50 p.m. 10:19 p.m. Action: No action taken. Action Calendar Old Business 34. Contract Amendment: CalPERS Cost Share under Government Code 20516 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, 2016. First Reading Vote: All Ayes. Contact: Sarah Reynoso, Human Resources, 981-6800 Action: 0 speakers. M/S/C (Bates/Maio) to adopt second reading of Ordinance No. 7,472-N.S. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 14

Action Calendar Old Business 35. 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, 981-7170 Action: Item held over to June 14, 2016. 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, 981-7000 Action: Moved to Consent Calendar. Adopted Resolution No. 67,500 N.S. 37a. 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, 981-5400 Tuesday, May 24, 2016 ANNOTATED AGENDA Page 15

Action Calendar New Business 37b. 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, 981-5400 Action: Item 37.b. moved to Consent Calendar. 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, 981-7110 Action: M/S/C (Maio/Worthington) to accept revised materials from Councilmember Maio on Item 38. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes None; Abstain Droste; Absent Anderson. Action: 0 speakers. M/S/Failed (Arreguin/Worthington) to direct staff to return to Council with an ordinance for Council consideration that includes the Ad Hoc Subcommittee s revised recommendations. Vote: Ayes Arreguin, Worthington; Noes Maio, Capitelli, Wengraf, Bates; Abstain Moore; Droste; Absent Anderson. Action: M/S/C (Maio/Wengraf) to direct staff to incorporate the revised recommendations from the Ad Hoc Subcommittee into the Minimum Wage ballot measure with no verification requirement for employees. Vote: Ayes Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes Arreguin, Worthington; Abstain None; Absent Anderson. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 16

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, 981-7140 Action: M/S/C (Wengraf/Maio) to suspend the rules and extend the meeting to 11:15 p.m. Action: 0 speakers. M/S/C (Bates/Wengraf) to table the item. Vote: Ayes Maio, Capitelli, Wengraf, Droste, Bates; Noes Arreguin, Worthington; Abstain Moore; Absent Anderson. 40. 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, 981-7170 Action: Item held over to July 12, 2016. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 17

Council Action Items 41. Amend BMC Chapter 12.26 to Allow Six Dispensaries Instead of Four From: Councilmember Worthington Recommendation: Request the City Manager to return with an amendment to Chapter 12.26 to allow six dispensaries instead of four. Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Item removed from the Agenda by Councilmember Worthington. 42. 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, 981-7170 Action: Moved to Consent Calendar. Recommendation revised to schedule the topic for a Worksession on September 13, 2016. Information Reports 43. Support for Berkeley Recycling Services and Community Conservation Center From: Zero Waste Commission Contact: Andy Schneider, Commission Secretary, 981-6300 Action: Moved to Action Calendar. M/S/C (Bates/Maio) to refer the item to the September 13, 2016 worksession with the direction that the Ecology Center and Community Conservation Center will be at the table. Vote: Ayes Maio, Arreguin, Wengraf, Worthington, Bates; Noes None; Abstain None; Absent More, Anderson, Capitelli, Droste. Councilmember Moore absent 11:10 p.m. 11:13 p.m. Councilmember Capitelli absent 11:10 p.m. 11:13 p.m. Councilmember Droste absent 11:10 p.m. 11:13 p.m. 44. Report of the Alameda County Transportation Commission for December 3, 2015 and January 28, 2016 From: Councilmember Capitelli Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 Action: Received and filed. Public Comment Items Not Listed on the Agenda 1 speaker. Adjournment Action: M/S/C (Moore/Worthington) to adjourn the meeting. Tuesday, May 24, 2016 ANNOTATED AGENDA Page 18

Noes None; Abstain None; Absent Anderson. Adjourned at 11:14 p.m. in memory of: 1. John Shively, Local Activist Communications 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 1 Item 5: Placing a Redistricting Commission Charter Amendment Measure on the November 8, 2016 Ballot 7. Revised materials, submitted by City Clerk s Office Item 32: LPC Appeal: 2556 Telegraph Avenue 8. Lawrence Rinder 9. Tomas Janik 10. Martha Richards 11. Phil Allen 12. Ruth White Item 33: Fiscal Year 2017 Proposed Budget Update Public Hearing #2 13. Genevieve Wilson Item 41: Amend BMC Chapter 12.26 to Allow Six Dispensaries Instead of Four 14. Dan Hayes 15. Hillary Curtis Supplemental Communications and Reports 2 Item 5: Placing a Redistricting Commission Charter Amendment Measure on the November 8, 2016 Ballot 16. Nicolas Heidorn, on behalf of California Common Cause Tuesday, May 24, 2016 ANNOTATED AGENDA Page 19

17. Nancy Bickel, on behalf of the League of Women Voters, Berkeley, Albany, Emeryville Item 21: Oppose AB 2312 18. Matthew Lewis Item 22: Referral to the Budget Process: Restore Funding for the Housing Retention Program 19. Housing Advisory Commission Item 32: LPC Appeal: 2556 Telegraph Avenue 20. David Mundstock 21. Joshua Reichek 22. Rebecca Tracy 23. Cecile Pineda 24. James Casella 25. John McBride, on behalf of the Berkeley Architectural Heritage Association 26. Pat Bruning 27. Colter Jacobsen 28. Nova 29. Kate Funk 30. John Mink 31. Megan Mink Supplemental Communications and Reports 3 Item 10: Memorandum Agreement: Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association 32. Revised materials, submitted by Human Resources Item 32: LPC Appeal: 2556 Telegraph Avenue 33. Esther Lerman 34. Joseph Poirier 35. Larry Rinder 36. Kris Kargo Item 38: Proposal of the Ad Hoc Subcommittee on Paid Sick Leave 37. Revised materials, submitted by Councilmember Maio Poem 38. Paul Matzner Berkeley Film Foundation 39. Unknown Tuesday, May 24, 2016 ANNOTATED AGENDA Page 20