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, July 5, 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 10 Printed on 7/12/2022
City Council AGENDA July 5, 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/86011543751?pwd=U1F2MTF3dDR4ZUg5Z2M0R1pYT3B3Zz09 Passcode: 309891
Or iPhone one-tap: +16699006833,,86011543751#,,,,*309891# Or Telephone: 669-900-6833
Webinar ID: 860 1154 3751
Passcode: 309891
International Phone Numbers: https://emeryville-org.zoom.us/u/kctqdvZRcv 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 10 Printed on 7/12/2022
City Council AGENDA July 5, 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-2022-361 Warrants. (Brad Farmer)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2022-363 Action Minutes Of The June 21, 2022, Special City Council / City Of Emeryville As Successor Agency To The Emeryville Redevelopment Agency Closed Session. (Sheri Hartz)
Attachments: Action Minutes
10.3. ID-2022-364 Action Minutes Of The June 21, 2022, Special City Council Meeting. (Sheri Hartz)
Attachments: Action Minutes
10.4. ID-2022-367 Action Minutes Of The June 21, 2022, Regular City Council Meeting. (Sheri Hartz)
Attachments: Action Minutes
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City Council AGENDA July 5, 2022
10.5. ID-2022-357 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The First Amendment To The ‘8 To Go’ Paratransit Shuttle Service Agreement With The Emeryville Transportation Management Association In The Amount Of $142,000 And Appropriate $22,478 From Measure BB -Paratransit Fund 263. (Pedro Jimenez / Kim Burrowes)
Staff Report
Original Contract
Draft Resolution
Contract Amendment
APPROVED Resolution No. 22-83
Attachments:
10.6. ID-2022-303 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Grant Recipient Contract With Emeryville Citizens Assistance Program (“ECAP”) In The Amount Of $74,782 To Support Food And Clothing Distribution To Persons Experiencing Homelessness And Those Near-Homelessness For Fiscal Year 2022-2023. (Charles S. Bryant / Chadrick Smalley / Charles Harris)
Staff Report
Attachment 1 - ECAP Annual Report FY 21-22
Attachment 2 - ECAP Grant Application FY 22-23
Draft Resolution
Exhibit A to Draft Resolution - Grant Recipient Contract APPROVED Resolution No. 22-84
Attachments:
10.7. ID-2022-327 Report To The City Council Of The City Of Emeryville Of Recommendations Made By The Bicycle / Pedestrian Advisory Committee. (Mohamed Alaoui / Nancy Humphrey / Matt Anderson) Staff Report
Attachment A: List of Motions
Attachments:
10.8. ID-2022-325 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager Or Designee To Enforce Provisions Of Assembly Bill 1276, Single-Use Foodware Accessories And Standard Condiments (Carrillo). (Mohamed Alaoui / Nancy Humphrey / Matt Anderson)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-85
Attachments:
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City Council AGENDA July 5, 2022
10.9. ID-2022-277 Resolution Of The City Council Of The City Of Emeryville Accepting The San Pablo Avenue Mid-Block Crosswalk Project, Project No.
EPW 19103 (CIP No. 18221006), As Complete And Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk. (Mohamed Alaoui / Michael Roberts)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-86
Attachments:
10.10. ID-2022-331 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Maintenance Contract With Rubicon Landscape Corporation In An Amount Not To Exceed $219,491.66 For City-Wide Landscape Maintenance For Fiscal Year 2022/23, Increase Appropriations In The Amount Of $32,849 From The General Fund, And Delegate Authority To The City Manager To Renew The Contract For Fiscal Years 2023/24, 2024/25, 2025/26, And 2026/27 But Limit The Contract Amount Increase To The Bay Area Consumer Price Index Or 5%, Whichever Is Lower. (Mohamed Alaoui / Daniel Gonzales)
Staff Report
Draft Resolution
Rubicon Landscape Contract
APPROVED Resolution No. 22-87
Attachments:
10.11. ID-2022-164 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Reimbursement Agreement With Emery Cove Marina Condominium Association For The Purpose Of Dredging The Shared Access Channel. (Mohamed Alaoui)
Staff Report
Attachment A - Easement Agreement between Geodon (the Emery Cove Marina predecessor) and the City of Emeryville
Attachment B - Project Cost Estimate
Draft Resolution
Exhibit A - City of Emeryville and Emery Cove Shared Cost Agreement
APPROVED Resolution No. 22-88
Attachments:
10.12. ID-2022-349 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Second Amendment To The
Professional Services Agreement With Wood Rodgers To Amend The Scope Of Work, Increase The Total Compensation By An Additional $417,836, For A Total Amount Not To Exceed
$1,075,794, For Engineering Services For The Sanitary Sewer And Storm Drainage On-Call Projects SS-01 (CIP Project No. 15511005) And ST-05 (CIP Project No. 15475013), And Extend The Contract Term To June 30, 2025. (Mohamed Alaoui / Nikolas Ignacio) City of Emeryville Page 5 of 10 Printed on 7/12/2022
City Council AGENDA July 5, 2022
Staff Report
Original Contract
Contract Amendment 1
Draft Resolution
Contract Amendment 2
APPROVED Resolution No. 22-89
Attachments:
10.13. ID-2022-359 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Engineer To Advertise For Public Bidding For The Storm Drain Large Trash Separators Project, EPW 107-18, And To Purchase Any And All Equipment And Materials Necessary for the Construction of the Project (CIP #18475009); CEQA Determination:
Exempt Pursuant To State CEQA Guidelines 15061(b)(3).
(Mohamed Alaoui / Nancy Humphrey)
Staff Report
Draft Resolution
Exhibit A: Emeryville Trash Management Map
Exhibit B: Map of HDS Location
Exhibit C: Caltrans Funding Agreement
APPROVED Resolution No. 22-90
Attachments:
11. PUBLIC HEARINGS
11.1. ID-2022-368 Resolution Of The City Council Of The City Of Emeryville Establishing The Fiscal Year 2022-23 Property And Business Improvement District (“PBID”) Annual Assessment Levy For The Respective Parcels Within The Improvement District With A Three Percent Increase On All Parcels, And Approving The Preliminary Budget Submitted By The Emeryville Transportation Management Association (“ETMA”) For Service Year 2023. (Brad Farmer / Monica Centeno)
Staff Report
ETMA 2023 Preliminary Budget
ETMA 2021 Annual Report and 2014-2022 Ridership Report
FY 2022-23 Preliminary Assessment Levy 3% Increase
Draft Resolution
APPROVED Resolution No. 22-91
Attachments:
11.2. ID-2022-243 EmeryStation Overland Project: (Charles S. Bryant / Miroo Desai) City of Emeryville Page 6 of 10 Printed on 7/12/2022
City Council AGENDA July 5, 2022
Staff Report
Attachment 1 - Project Plans
Attachment 2 - Arborist Report
Attachment 3 - CHS Parking Study
Attachment 4 - Fehr & Peers Non-CEQA Memo
Fehr & Peers Non-CEQA Memo Appendices
Attachment 5 - Fehr & Peers CEQA Memo
Attachments:
11.2.1 ID-2022-321 Resolution Of The City Council Of The City Of Emeryville Approving A Conditional Use Permit And Design Review To Construct A New 300,000 Square Foot Research And
Development Building And A Six Level Parking Structure
Accommodating 496 Parking Spaces On An Approximately
113,325 Square Foot Site On The Block Bounded By Overland Avenue And 62nd, 63rd And Hollis Streets. (APN: 49-1488-1) (CEQA Status: Exempt Pursuant To State CEQA Guidelines
Sections 15332 and 15061(b)(3))
Draft Resolution
Exhibit A - Conditions of Approval
Attachments:
11.2.2. ID-2022-322 Resolution Of The City Council Of The City Of Emeryville Approving A Conditional Use Permit And Design Review To Construct A New 300,000 Square Foot Research And
Development Building And A Parking Structure, And Denying A Conditional Use Permit For Parking Spaces More Than The Maximum Allowed On An Approximately 113,325 Square Foot Site On The Block Bounded By Overland Avenue And 62nd, 63rd And Hollis Streets. (APN: 49-1488-1) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Sections 15332 and
15061(b)(3))
Draft Resolution
Exhibit A - Conditions of Approval
Attachments:
11.3. ID-2022-283 Ordinance Of The City Council Of The City Of Emeryville Amending The Planning Regulations By Adding Mass Timber Construction As A Community Benefit Eligible For Development Bonus Points In Section 9-4.204(e) Of The Emeryville Municipal Code. CEQA Determination: Exempt Under Section 15061(b)(3). (Charles S.
Bryant / Mohamed Alaoui / Nancy Humphrey)
Staff Report
Attachment 1 - CBSC Information Bulletin 20-04 (Revised) Attachment 2 - Tall Wood Buildings in the 2021 IBC
Proposed Ordinance
Attachments:
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City Council AGENDA July 5, 2022
12. ACTION ITEMS
12.1. ID-2022-304 Resolution Of The City Council Of The City Of Emeryville Adopting The Community Grant Subcommittee And Public Art Committee Recommendations To Select Artists Juan Lopez, The Los Pobres Artistas, Steven Bronson, And Therese Lahaie As The Recipients For The 2022-2023 Visual Art Grant Pilot Program; Approving The Artworks Proposed By The Recipients; And Authorizing The City Manager To Execute Grant Recipient Contracts With The Recipients’ Fiscal Agents For The Installation Of The Proposed Artworks. (Charles S. Bryant / Chadrick Smalley / Amber Evans)
Staff Report
Draft Resolution
Exhibit A - Grants Applications
Late Correspondence - Draft Resolution REVISED
APPROVED Resolution No. 22-92
Attachments:
12.2. ID-2022-351 Resolution Of The City Council Of The City Of Emeryville Calling For The General Municipal Election On November 8, 2022; Requesting Approval Of Consolidation With The County Of Alameda County; Requesting The County Registrar Of Voters To Perform Certain Election Services In Connection With Said November 8, 2022 Election; And Authorizing The City Of Emeryville To Reimburse The County Registrar Of Voters For Election Services Performed. (Sheri Hartz)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-93
Attachments:
12.3. ID-2022-370 Resolution Of The City Council Of The City Of Emeryville Ordering The Submission To The Qualified Electors Of The City Of Emeryville At The General Municipal Election To Be Held On Tuesday, November 8, 2022, As Called By Separate Resolution, A Proposed Ordinance Amending Section 3-3.702 Of The Emeryville Municipal Code To Establish Tiered Rates For The City Of Emeryville’s Real Property Transfer Tax Based On Value Of Consideration; Directing The City Attorney To Prepare An Impartial Analysis; And Authorizing The Filing Of Direct Arguments For Or Against The Measure And Rebuttal Arguments. (Sheri Hartz)
Staff Report
Draft Resolution with Exhibit A
APPROVED Resolution No. 22-94
Attachments:
12.4. ID-2022-371 Designation Of Voting Delegate And Alternate(s) To The League Of California Cities Annual Conference. (Sheri Hartz)
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Staff Report
Attachment: Procedures and Voting Form
Attachments:
12.5. ID-2022-372 Discussion on Whether To Add A Future Agenda Item To Consider Amending The City Council Rules Of Procedure To Discontinue The Role Of Council Liaison To Emeryville Community Advisory Committees/Commissions. (Mayor Bauters)
Staff Report
Attachment A: City Council Rules of Procedure
Attachments:
12.6. ID-2022-355 Resolution Of The City Council Of The City Of Emeryville Making Required Findings To Allow The Continuation Of Remotely Held Meetings Of The City Council, Pursuant To AB 361. (Sheri Hartz) (In Conjunction With MESA Agenda Item 7.1 And Successor Agency Agenda Item 7.1)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-95
Attachments:
13. DEPARTMENT HEAD REPORTS
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE ON TUESDAY, JULY 19, 2022, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, 1333 PARK AVENUE, EMERYVILLE, CA 94608 OR VIA TELECONFERENCE IN ACCORDANCE WITH ASSEMBLY BILL 361.
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City Council AGENDA July 5, 2022
LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
1. ID-2022-373 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.
July 19, 2022 City Council Meeting
- Tree Survey Contract Award
- Investment Advisor Agreement
- Adeline Sites - Issue RFP/Exemption from Surplus Lands Act August 2022
The City Council traditionally holds no Regular City Council meetings during the month of August, but may schedule Special Meetings if warranted for the conduct of City business. Check at the link below as the date gets closer.
When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil.
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