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, October 4, 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 10/6/2022
City Council AGENDA October 4, 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 Acting City Clerk, April Richardson, 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/84452622195?pwd=eWJVRXJBY0NNQ0pKYXBGY1RlcGpDUT09 Passcode: 948581
Or iPhone one-tap: +16699006833,,84452622195#,,,,*948581# Or Telephone: 669-900-6833
Webinar ID: 844 5262 2195
Passcode: 948581
International Phone Numbers: https://emeryville-org.zoom.us/u/ktqAHSrPV 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 10/6/2022
City Council AGENDA October 4, 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
4.1. ID-2022-513 Proclamation Declaring The Month of October 2022 Disability History Month
Attachments: Proclamation
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-2022-496 Warrants. (Peggy Xu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2022-507 Action Minutes Of The September 20, 2022, Special City Council / MESA Closed Session. (April Richardson)
Attachments: Action Minutes
10.3. ID-2022-508 Action Minutes Of The September 20, 2022, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
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City Council AGENDA October 4, 2022
10.4. ID-2022-491 Resolution Of The City Council Of The City Of Emeryville Appropriating $72,508 From The Economic Development Fund (Fund 202) To The Operating Budget For Fiscal Year 2022-2023 (Account 202-87380) For A Previously Awarded Façade Grant For Daryl M. Rush Builder - Grand Craftsman Supply (Charles S. Bryant / Chadrick Smalley / April Shabazz)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-128
Attachments:
10.5. ID-2022-492 Consideration Of Transportation Committee Recommendations For Requests For Loading Zone On 64th Street For 6401 Hollis Street, Loading Zone At 5758 Peladeau Street, And Removal Of Blue Zone At 1270 62nd Street (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Attachment 1 - 64th Street.pdf
Attachment 2 - 5770 Peladeau Street.pdf
Attachment 3 - 1270 62nd Street.pdf
Attachments:
10.6. ID-2022-499 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute Amendment No. 4 To The
Professional Services Agreement With EKI Environment and Water, Inc. To Increase The Total Compensation By $26,000.00, For A Total Amount Not-To-Exceed $441,500.00, For Environmental Services Related To The South Bayfront Pedestrian Bicycle Bridge Project, EPW17-112. (Pedro Jimenez)
Staff Report
EKI Previous Amendments and Initial Contract
Draft Resolution
Exhibit A - EKI Professional Services Contract 4th Amendment APPROVED Resolution No. 22-129
Attachments:
10.7. ID-2022-486 Marketplace Redevelopment Project: Amendments To Planned Unit Development/Preliminary Development Plan And Development Agreement (Charles S. Bryant / Miroo Desai)
Staff Report
Attachment 1 - Staff Report from September 20, 2022, with links to attachments
Attachments:
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City Council AGENDA October 4, 2022
10.7.1. ID-2022-487 Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville Adopting An Amendment To The
Marketplace Redevelopment Project Planned Unit
Development/Preliminary Development Plan (PUD/PDP) To Transfer The Requirement For 10 Townhome Units From Parcel A (Referred To As The “Shellmound Building” In The Approved PUD/PDP) To Parcel F (Referred To As “Retail Pad #1” In The Approved PUD/PDP) And To Change The Maximum Height On Parcel B From 120 Feet To 175 Feet (APN Nos. 49-1556-15; -16; And -17) (CEQA Determination: Environmental Impact Report For Marketplace Redevelopment Project Certified By City Council On January 15, 2008)
Proposed Ordinance, including Exhibit A: Revised Conditions of Approval
APPROVED Ordinance No. 22-009
Attachments:
10.7.2. ID-2022-488 Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville Adopting An Amendment To The
Development Agreement For The Public Market Project (Also Known As The Marketplace Redevelopment Project) To Remove The Parcel A Residential Development Obligation, And To Provide For A Monetary Contribution Of $20 Million To The City In Exchange For Removal Of The Obligation To Provide 18 Affordable Housing Units On Parcel A, And Other Related Amendments (APN Nos. 49-1556-15; -16; -17, And -24) (CEQA Determination:
Environmental Impact Report For Marketplace Redevelopment Project Certified By City Council On January 15, 2008)
Proposed Ordinance, including Exhibit A: First Major Amendment to the Public Market Development Agreement
APPROVED Ordinance No. 22-010
Attachments:
11. PUBLIC HEARINGS
11.1. ID-2022-538 Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To Brannon Corporation Inc. For Night Work Related To Beach Cleaning Operations As Part Of The Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 17240005) To Occur On Dates To Be Determined Between October 5, 2022 And October 28, 2022. (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)).
Staff Report
Draft Resolution
APPROVED Resolution No. 22-130
Attachments:
12. ACTION ITEMS
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City Council AGENDA October 4, 2022
12.1. ID-2022-498 Discussion On Whether To Approve A Resolution Of The City Council Of The City Of Emeryville Opposing The Two Statewide Ballot Measures That Would Expand Gaming In California. (Bauters) Staff Report
Draft Resolution
CA Cities Gaming Authority Comparative Analysis of Sport Wagering Initiatives
APPROVED Resolution No. 22-131
Attachments:
12.2. ID-2022-490 Report To The City Council Of The City Of Emeryville For Recommendations Made By The Parks and Recreation Committee For Council Consideration
Staff Report
Parks and Recreation Committee Nature Play Recommendations Children's Bill of Rights
CIP Budget 2019-CF-01
Eastshore State Park General Plan - Emeryville Crescent Management Zone
Attachments:
12.3. ID-2022-493 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. (April Richardson)
(In Conjunction With MESA Agenda Item 6.1 And Successor Agency Agenda Item 7.1)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-132
Attachments:
13. DEPARTMENT HEAD REPORTS
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City Council AGENDA October 4, 2022
13.1. ID-2022-489 Planning Director's report on Planning Commission actions at the September 22, 2022 meeting:
(a) Sidewalk Café and Parklet Regulation Amendments.
Consideration of amendments to Article 15 of Chapter 5 of the Planning Regulations in Title 9 of the Emeryville Municipal Code to make permanent certain temporary regulations
pertaining to sidewalk cafes and parklets that were enacted due to the COVID-19 pandemic, and to make other related amendments.*
* Item requires City Council approval, and is scheduled for consideration by the Council on October 18, 2022.
The packet for the September 22, 2022 Planning Commission m e e t i n g c a n b e v i e w e d o n l i n e a t
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14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE ON TUESDAY, OCTOBER 18, 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 October 4, 2022
LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
ID-2022-512 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.
October 18, 2022
- Public Hearing: Modify Sidewalk Cafe and Parklet Regulations - Cabaret Permit Program Amendments
November 1, 2022
- Contract Award for 40th Street Cycle Track Design
When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil.
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