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
--AMENDED--
Members:
Mayor John J. Bauters
Vice Mayor Ally Medina
Council Member Scott Donahue
Council Member Dianne Martinez
Council Member Courtney Welch
Tuesday, July 19, 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 7/19/2022
City Council AGENDA July 19, 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/85363299964?pwd=RkRoNzI2Z1RrVHlic1I5UGhsWXFSdz09 Passcode: 598604
Or iPhone one-tap: +16694449171,,85363299964#,,,,*598604# Or Telephone: 669-900-6833
Webinar ID: 853 6329 9964
Passcode: 598604
International Phone Numbers: https://emeryville-org.zoom.us/u/kAq6V9NVW 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 7/19/2022
City Council AGENDA July 19, 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-2022-385 Warrants. (Brad Farmer)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2022-392 Action Minutes Of The July 5, 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-2022-398 Action Minutes Of The July 5, 2022, Regular City Council Meeting. (Sheri Hartz)
Attachments: Action Minutes
10.4. ID-2022-358 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Issue A Request For Proposals (RFP) For An Upgraded CAD/RMS System For The Police Department. (Chief Jeff Jennings / Capt. Oliver Collins)
Staff Report
Draft Resolution
Attachments:
City of Emeryville Page 3 of 10 Printed on 7/19/2022
City Council AGENDA July 19, 2022
10.5. ID-2022-377 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept And Appropriate A Grant Award On Behalf Of The Police Department, From The California Office Of Traffic Safety, Selective Traffic Enforcement Program (STEP) In The Amount Of $48,000 For Funds Related To Improving Traffic, Bicycle, And Pedestrian Safety Within The City. (Oliver Collins) Staff Report
Draft Resolution
Grant Application
Attachments:
10.6. ID-2022-415 Resolution Of The City Council Of The City Of Emeryville Consenting To Amend The Pay And Benefits Plan For Unrepresented
Employees Effective July 16, 2022. (Trish Raver)
(In Conjunction With MESA Agenda Item 6.2)
Staff Report
Draft Resolution
Exhibit A: Pay and Benefits Plan, Unrepresented Employees Attachments:
10.7. ID-2022-299 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into An Agreement By And Between The County Of Alameda And The City Of Emeryville For The Purpose Of Carrying Out The Community Development Block Grant Program (CDBG) For Fiscal Year 2022-23, Amending The Fiscal Year 2022-2023 Operating Budget Of The CDBG Fund (Fund No. 205) To Increase Revenues And Expenditures By $33,081 And Transfer $15,500 From (Fund 205, Account 88430 To Accounts
71040-72250). (Charles S. Bryant / Chadrick Smalley / Valerie F.
Bernardo)
Staff Report
Draft Resolution
Exhibit A to Resolution - CDBG Agreement
Attachments:
10.8. ID-2022-390 Resolution Of The City Council Of The City of Emeryville Authorizing The City Manager To Enter Into A Contract With CF Contracting, Inc.
In An Amount Of $1,628,218.00; Authorizing The City Manager To Approve Payments Of Possible Additional Costs As Contingency Expenditures Up To $100,000, All For The Construction Of The Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No.
17240005); And Transferring $100,000 From Fund 250 In CIP No. 17250016 And $250,000 From Fund 475 In CIP No. 15475023 Into CIP No. 17240005. (Mohamed Alaoui / Ryan O'Connell)
City of Emeryville Page 4 of 10 Printed on 7/19/2022
City Council AGENDA July 19, 2022
Staff Report
Draft Resolution
Construction Contract (Large File)
Exhibit A
Late Correspondence - Staff Report
Attachments:
10.9. ID-2022-380 Resolution Of The City Council Of The City Of Emeryville Approving Curb Color Designations At The Lennar Multifamily Communities Sherwin Williams Mixed Use Project On Sherwin Avenue, Horton Street, Hubbard Street, and 46th Street. (Mohamed Alaoui / Michael Roberts)
Staff Report
Draft Resolution
Exhibit A: Curb Color Proposal Map
Attachments:
10.10. ID-2022-387 Resolution Of The City Council Of The City Of Emeryville To Reject All Bids And To Approve Revised Scope Of Work For The 40th Street Bridge Railing Painting, Lumec Light Pole Painting, And Marina Lighting Replacement Project, Project No. EPW-20103 (CIP No. 15475015, 15475028, And 17495012). (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
Exhibit A (Lumec).pdf
Exhibit B (Marina).pdf
Attachments:
10.11. ID-2022-384 Second Reading Of An 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:
11. PUBLIC HEARINGS
11.1. ID-2022-404 EmeryStation Overland Project: (Charles S. Bryant / Miroo Desai) City of Emeryville Page 5 of 10 Printed on 7/19/2022
City Council AGENDA July 19, 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:
11.1.1. ID-2022-405 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:
11.1.2. ID-2022-406 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:
11.2. ID-2022-374 4300 and 4310 San Pablo Avenue Intergenerational Affordable Housing Project: (Charles S. Bryant / Chadrick Smalley / Valerie Bernardo)
Attachments: Staff Report
11.2.1. ID-2022-375 Resolution Of The City Council Of The City Of Emeryville Declaring The Properties At 4300 And 4310 San Pablo Avenue, Emeryville, California (APN 049-1079-014-01 And
049-1079-017-01) As Exempt Surplus Land Pursuant To
Government Code Section 54221(f)(1)(A)
City of Emeryville Page 6 of 10 Printed on 7/19/2022
City Council AGENDA July 19, 2022
Draft Resolution
Exhibit A - Assessor Parcel Map
Attachments:
11.2.2. ID-2022-376 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Approving And Authorizing The City Manager To Enter Into And Execute A Lease Disposition And Development Agreement Between The City Of Emeryville And EAH, Inc. And Related Ground Lease For The Development And Operation Of An Intergenerational Affordable Housing Project At 4300 And 4310 San Pablo Avenue, Emeryville,
California (APN 049-1079-014-01 And 049-1079-017-01) And Authorizing The City Manager To Take Action To Effectuate The Lease Disposition and Development Agreement And Related Ground Lease
Proposed Ordinance
Exhibit A - Lease Disposition and Development Agreement Attachments:
11.3. ID-2022-395 Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For The Union Pacific Railroad Grade Crossings At 67th, 66th, and 65th Streets For A Seven Consecutive Day Period On Dates To Be Determined Between August 1, 2022 And December 31, 2022 To The City Of Emeryville, Bay Cities Paving & Grading Inc., And Union Pacific Railroad Corporation For Work Related To Track and Grade Crossing Improvements As Part Of The TCEP - Quiet Zone Safety
Engineering Measures, Project No. EPW-18103 (CIP No.
19475008) (CEQA Status: Exempt Pursuant To State CEQA
Guidelines Section 15061(b)(3)). (Ryan O'Connell / Mohamed Alaoui)
Staff Report
Draft Resolution
Attachments:
11.4. ID-2022-416 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Adopting Emeryville Police Department Policy 707: Military Equipment. (Christie Crowl / Chief Jeff Jennings)
Staff Report
Attachment A: April 19, 2022 Staff Report
Draft Ordinance
Exhibit A: Emeryville Police Department Policy Manual
Exhibit B: AB 481 Inventory
Attachments:
12. ACTION ITEMS
City of Emeryville Page 7 of 10 Printed on 7/19/2022
City Council AGENDA July 19, 2022
12.1. ID-2022-369 Report To The City Council Of The City Of Emeryville On Recommendations Made By The Commission On Aging In Support Of The City Of Emeryville’s Paid Parking Program And Improving Emeryville’s Website As A Resource For Older Adults. (Pedro Jimenez / Kim Burrowes)
Staff Report
Attachment 1: Website Recommendations
Attachment 2: Letter of Support for Paid Parking
Attachments:
12.2. ID-2022-318 Adeline Sites RFP and Exemption from Surplus Lands Act (Charles S. Bryant / Chadrick Smalley / Valerie F. Bernardo)
Attachments: Staff Report
12.2.1. ID-2022-319 Resolution Of The City Council Of The City Of Emeryville Authorizing The Release Of A Request For Proposals For The Redevelopment Of 3602 Adeline And 1132 36th Street (APNs 005-0480-001-01, 005-0480-004 And 005-0480-003)
Draft Resolution - Adeline Sites RFP Release
Exhibit A to Resolution - Adeline Sites RFP
Attachments:
12.2.2. ID-2022-320 Resolution Of The City Council Of The City Of Emeryville Declaring The Properties At 3602 Adeline and 1132 36th Street (APNs 005-0480-001-01, 005-0480-004 And 005-0480-003) As Exempt Surplus Land Pursuant To Government Code Section 54221(f)(1)(A)
Draft Resolution - Adeline Sites Exempt Surplus
Exhibit A - Adeline Sites Assessor Map and Data
Attachments:
12.3. ID-2022-378 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Contract For Investment Advisory Services With Chandler Asset Management For Fiscal Year 2022-2023, With The Option To Extend For Two Additional Years, For A Total Amount Not To Exceed $260,000. (Brad Farmer / Monica Centeno)
Staff Report
*NEW Presentation - Chandler Assets
Draft Resolution
Professional Services Agreement: Chandler Asset Management Attachments:
12.4. ID-2022-401 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)
City of Emeryville Page 8 of 10 Printed on 7/19/2022
City Council AGENDA July 19, 2022
Staff Report
Draft Resolution
Attachments:
12.5. ID-2022-408 Discussion On Whether To Add A Special Meeting Of The City Council Of The City Of Emeryville To A Date And Time In August As Directed By The Board For The Purpose Of Considering Making Findings To Continue Meeting Remotely. (Sheri Hartz)
(In Conjunction With MESA Agenda Item 7.2 And Successor Agency Agenda Item 7.2)
Attachments: Staff Report
12.6. ID-2022-409 Discussion On Whether To Amend Section 2-2.201 Of Article 2 Of Chapter 2 Of Title 2 Of The Emeryville Municipal Code Regarding An Increase In City Council Member Salaries. (Sheri Hartz) Staff Report
Attachment A: Municipal Code Section
Attachment B: CA Government Code Section 36516
Attachments:
12.7. ID-2022-411 Resolution Of The City Council Consenting To The Appointment Of Adam Politzer As Interim City Manager And To The Approval Of An Employment Agreement Between MESA And Adam Politzer As
Interim City Manager. (Trish Raver)
(In Conjunction With MESA Agenda Item 7.3)
Staff Report
Draft Resolution
Interim City Manager Employment Agreement
Attachments:
13. DEPARTMENT HEAD REPORTS
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE ON TUESDAY, SEPTEMBER 6, 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 9 of 10 Printed on 7/19/2022
City Council AGENDA July 19, 2022
LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
ID-2022-410 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.
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.
September 6, 2022
Study Session: Objective Standards Draft Regulations
Conflict of Interest Code Biennial Update
Pro-Housing Policy
When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil.
City of Emeryville Page 10 of 10 Printed on 7/19/2022