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Emeryville City Council
February 1, 2022

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Agenda
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February 1, 2022
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Emeryville City Council
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City Council
AGENDA
Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org

CITY OF EMERYVILLE
Members:

Mayor John J. Bauters
Vice Mayor Ally Medina
Council Member Scott Donahue
Council Member Dianne Martinez
Council Member Courtney Welch
Tuesday, February 1, 2022 7:16 PM Teleconference
A complete copy of the agenda packet is available on the city’s website at www.emeryville.org/citycouncil. Before the Council meeting, all writings that are public records and relate to an agenda item below which are distributed to a majority of the legislative body less than 72 hours prior to the meeting noticed above will be made available as “late correspondence” and will be published on the agenda beneath the relevant agenda item. The meeting is shown live on the City of Emeryville television channel (ETV), cable channel 27, and will be rebroadcast as part of the regular City Council, Successor Agency, Community Development Commission, Management of Emeryville Services Authority (MESA) and related meetings according to the published ETV schedule of programs. Council meetings will also be available to view through live media streaming accessible from the City of Emeryville website at www.emeryville.org/citycouncil.

You can request free copies of the Emeryville City Council, Successor Agency, Community Development Commission, Management of Emeryville Services Authority (MESA) and related agendas in digital format for the current calendar year by going to our website at www.emeryville.org/notifyme.

Simply fill out your information, check “City Council Agendas”, and click the “Subscribe” button. By doing so, you will automatically receive all of the agendas for the year via email.

INFORMATION FOR REGULAR MEETING DURING A DECLARED STATE OF

EMERGENCY
(to continue until further notice):

Pursuant to California Assembly Bill 361, a local legislative body is authorized to hold public meetings remotely and to make those meetings accessible to all members of the public seeking to observe and to address the local legislative body by remote means only via a technology solution. As such, the City will provide various options for the public to participate in the conduct of the meeting, as indicated in detail below on this cover sheet.

The City will further adhere to the means otherwise prescribed by the Brown Act, which allows members of the public the right to observe and offer public comment during the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Brown Act, as applicable (including, but not limited to, the requirement that such rights of access and public comment be made available in a manner consistent with the Americans with Disabilities Act).

In addition to the mandatory conditions set forth above, the City will use sound discretion and make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Brown Act, and City of Emeryville Page 1 of 8 Printed on 2/11/2022
City Council AGENDA February 1, 2022
other applicable local laws regulating the conduct of public meetings, in order to maximize transparency and provide the public access to their meetings.

The City offers many ways for you to watch and participate in City matters during this time where you may not attend in person. Our City Council meetings are streamed live and on Emeryville TV.

Additionally, public comment for Council agenda items can be submitted online via our online speaker card when an agenda is posted. Written comments can also be submitted by email to [email protected] or the City Clerk, Sheri Hartz, at [email protected]. If you would like to support, oppose, or otherwise comment on an upcoming agenda item, please send in your comments prior to the meeting since there is no option to attend in person.

If you prefer to participate in the meeting using Zoom, please use the information provided here:

Please click the link below to join the webinar:
https://emeryville-org.zoom.us/j/87343561716?pwd=NGx4WEVJWGxOcmRZNzRubFNrZFU1UT09 Passcode: 609019
Or iPhone one-tap: +16699006833,,87343561716#,,,,*609019# Or Telephone: 669-900-6833
Webinar ID: 873 4356 1716
Passcode: 609019
International Phone Numbers: https://emeryville-org.zoom.us/u/kfHkWzIj3 All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. There will be no separate discussion of these items unless good cause is shown prior to the time the Council votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Presiding Officer calls for comments from those persons who are in support of or in opposition thereto. After persons have spoken, the Hearing is closed and brought back to Council level for discussion and action. There is no further comment permitted from the audience unless requested by the Council.

In compliance with the Americans with Disabilities Act, a person requiring an accommodation, auxiliary aid, or service to participate in this meeting should contact the City Clerk ’s Office or ADA Coordinator at (510) 596 4300, as far in advance as possible but no later than 72 hours before the scheduled event.

The best effort to fulfill the request will be made. Assistive listening devices are available for anyone with hearing difficulty from the City Clerk prior to the meeting, and must be returned to the City Clerk at the end of the meeting.

The speaker's time is limited to 3 minutes and can only be extended upon approval of the Presiding Officer. If you are submitting your comments using the online comment card, please be aware that they will be read aloud into the record and will still be limited to the 3 minute time limit.

City of Emeryville Page 2 of 8 Printed on 2/11/2022
City Council AGENDA February 1, 2022
The AGENDA for this regular meeting is as follows:

1. CALL TO ORDER

2. ROLL CALL

3. APPROVAL OF FINAL AGENDA

4. SPECIAL ORDERS OF THE DAY

5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES

COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING

ATTENDANCE

6. 7. CITY MANAGER'S REPORT

8. EX PARTE COMMUNICATIONS

9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA

10. CONSENT ITEMS

10.1. ID-2022-065 Warrants. (Brad Farmer)
Staff Report City
Wire Transfers City
Check Register City
Attachments:

10.2. ID-2022-072 Action Minutes of the January 18, 2022 Special Closed Session (City Council / City Council as Successor Agency to the Redevelopment Agency / Management of Emeryville Services Authority). (Sheri Hartz)
Attachments: Action Minutes

10.3. ID-2022-073 Action Minutes of the January 18, 2022, City Council Study Session. (Sheri Hartz)
Attachments: Action Minutes

10.4. ID-2022-076 Action Minutes of January 18, 2022, City Council Regular Meeting. (Sheri Hartz)
Attachments: Action Minutes
City of Emeryville Page 3 of 8 Printed on 2/11/2022
City Council AGENDA February 1, 2022

10.5. ID-2022-013 Resolution Of The City Council Of The City Of Emeryville Recognizing The Significance Of Black History Month And Directing That The Pan-African Flag Be Flown At City Hall Each Year For The Month Of February. (Sheri Hartz)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-10
Attachments:

10.6. ID-2022-064 Resolution Of The City Council Of The City Of Emeryville Rejecting All Bids For The Purchase And Delivery Of A 22-26 Passenger Wheelchair Accessible Bus And Authorizing The City Manager To Purchase One 19 Passenger Max Capacity Wheelchair Accessible Electric Vehicle (EV) Bus To Be Used For Emeryville Senior Center Group Trips Program, In A Total Amount Not To Exceed
$196,618.50 From Green Power Motor Company And Transfer $61,187 From Fund 261 And $3,432.00 From Fund 660-91200 To Fund 254 And Reappropriate $132,000.00 Of The ACTC Grant Of Resolution No. 19-133 To Fund 254 When Received. (Pedro Jimenez / Kim Burrowes)
Staff Report
Vehicle Quote
Draft Resolution
APPROVED Resolution No. 22-11
Attachments:

11. PUBLIC HEARINGS

11.1. ID-2022-031 Resolution Of The City Council Of The City Of Emeryville Authorizing The Chief Of Police To Issue An Annual Cabaret License To Bank Club Café For Calendar Year 2022. (Chief Jeff Jennings / Captain Oliver Collins)
Staff Report
Draft Resolution
Exhibit A Conditions of Approval
APPROVED Resolution No. 22-12
Attachments:

11.2. ID-2022-071 Resolution Of The City Council Of The City Of Emeryville Authorizing The Chief Of Police To Issue An Annual Cabaret License To Rob Ben’s Restaurant and Lounge For Calendar Year 2022. (Chief Jeff Jennings / Captain Oliver Collins)
Staff Report
Draft Resolution
Exhibit A Conditions of Approval
APPROVED Resolution No. 22-13
Attachments:

City of Emeryville Page 4 of 8 Printed on 2/11/2022
City Council AGENDA February 1, 2022

11.3. ID-2022-033 Resolution Of The City Council Of The City Of Emeryville Authorizing The Chief Of Police To Issue An Annual Cabaret License To Emeryville Parcel CFG (DE) LLC (The Public Market) For Calendar Year 2022. (Chief Jeff Jennings / Captain Oliver Collins) Staff Report
Draft Resolution
Exhibit A Conditions of Approval
APPROVED Resolution No. 22-14
Attachments:

11.4. ID-2022-034 Resolution Of The City Council Of The City Of Emeryville Authorizing The Chief Of Police To Issue An Annual Cabaret License To Trader Vic’s For Calendar Year 2022. (Chief Jeff Jennings / Captain Oliver Collins)
Staff Report
Draft Resolution
Exhibit A Conditions of Approval
APPROVED Resolution No. 22-15
Attachments:

11.5. ID-2022-036 Resolution Of The City Council Of The City Of Emeryville Granting An Annual Card Room License To The Oaks Card Club For Calendar Year 2022. (Chief Jeff Jennings / Captain Oliver Collins) Staff Report
Draft Resolution
APPROVED Resolution No. 22-16
Attachments:

12. ACTION ITEMS

12.1. ID-2022-069 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The Second Amendment To The Agreement Between The City Of Emeryville And The Alameda County Fire Department Regarding Fire And Emergency Services For The Term July 1, 2022 Through June 30, 2024. (Christine Daniel)
Staff Report
Attachment A: 2018 Contract
Attachment B: Fiscal Year 2021-2022 Budget and Five-Year Projection
Attachment C: 2022 Quality of Services Provided Report
Draft Resolution
Exhibit A: Fire Contract Second Amendment
APPROVED Resolution No. 22-17
Attachments:

12.2. ID-2022-067 Report To The City Council Of The City Of Emeryville Of Recommendation Made By The Parks And Recreation Committee For Council Consideration. (Pedro Jimenez)
City of Emeryville Page 5 of 8 Printed on 2/11/2022
City Council AGENDA February 1, 2022
Attachments: Staff Report

13. DEPARTMENT HEAD REPORTS
City of Emeryville Page 6 of 8 Printed on 2/11/2022
City Council AGENDA February 1, 2022

13.1. ID-2022-063 Planning Director's report on Planning Commission actions at the January 27, 2022 meeting:
(a) Duplex Conversion. Consideration of a Conditional Use Permit and Design Review application to modify an existing single unit building at 1291 55th Street into two units. (b) “The Emery” Master Sign Program. Consideration of a Major Sign Permit for a Master Sign Program for “The Emery”,
formerly known as “Sherwin-Williams”, along Sherwin Avenue and Horton Street, including adjacent portions of Hubbard Street and 46th Street.
(c) Emeryville Center of Innovation Master Sign Program. Study session for a Major Sign Permit for a Master Sign Program for the Emeryville Center of Innovation, a new research and development campus which includes four research and
development buildings fronting Hollis, 53rd, and Horton Streets, as well as a parking structure fronting Horton Street. (d) Bay Street Grocery Store. A second study session to review a proposed Final Development Plan (FDP) for Parcel B of the South Bayfront Retail/Mixed Use Project (“Bay Street”). The proposed FDP is for a new 48,446 square foot grocery store with open rooftop parking that will accommodate
approximately 139 parking spaces. It will also involve
demolition of the existing building housing the EQ3 furniture store and other retail stores, and that formerly housed the Old Navy store and Elephant Bar restaurant.
(e) Christie Avenue Mixed Use Project. Study session to review a proposed mixed-use project on a 3.76-acre site at 5801-5861 Christie Avenue, including a 12-story, 123-foot high
residential tower with 98 units, a 13-story, 230-foot high commercial tower with approximately 464,000 square feet of research and development and office space, and a 9-story, 100-foot high parking structure accommodating 748 parking spaces. The project will include a new half-acre public park fronting Christie Avenue and will demolish all existing buildings on the site.

The packet for the January 27, 2022 Planning Commission meeting c a n b e v i e w e d o n l i n e a t
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City of Emeryville Page 7 of 8 Printed on 2/11/2022
City Council AGENDA February 1, 2022

14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS

15. ADJOURNMENT

LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
ID-2022-079 Please Note: This list is for informational purposes only. All items shown here are tentative at this time and are not confirmed until the agendas for the meeting dates are published and posted, 11 days prior to the meeting. Other items may be added. Also note that this list shows working titles, which may be revised slightly before the item becomes final.

Additional Note during COVID-19 Public Health Emergency:

City Council meeting have been held remotely since March 17, 2020, and remain so in accordance with the Brown Act exemptions provided for by AB 361. City Council and other public meetings will continue to be held remotely until further notice, and certain non-essential items may be postponed or cancelled. Please continue to check the final, published agenda for the latest information.

February 15, 2022 City Council Meeting
- New Schedule and Route for Street Sweeping Services
March 1, 2022 City Council Meeting
- Special Meeting: Annual Committee Reports to Council
Budget Advisory Committee
Commission on Aging
Economic Development Advisory Committee
When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil.

THE NEXT REGULAR MEETING WILL BE ON TUESDAY, FEBRUARY 15, 2022, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, 1333 PARK AVENUE, EMERYVILLE, CA 94608 OR VIA TELECONFERENCE IN ACCORDANCE WITH ASSEMBLY BILL 361.

City of Emeryville Page 8 of 8 Printed on 2/11/2022

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