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 18, 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 10/21/2022
City Council AGENDA October 18, 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 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/85782070735?pwd=UDE0Qk1RL2xBNUd6bHAvOTZ4NHVTdz09 Passcode: 959263
Or iPhone one-tap: +16699006833,,85782070735#,,,,*959263# Or Telephone: 669-900-6833
Webinar ID: 857 8207 0735
Passcode: 959263
International Phone Numbers: https://emeryville-org.zoom.us/u/kd56ybrH7g 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 10/21/2022
City Council AGENDA October 18, 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-2022-536 Warrants. (Peggy Xu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2022-532 Action Minutes Of The September 25, 2022, Special City Council / MESA Closed Session. (April Richardson)
Attachments: Action Minutes
10.3. ID-2022-531 Action Minutes Of The October 4, 2022, Special City Council / MESA Closed Session. (April Richardson)
Attachments: Action Minutes
10.4. ID-2022-530 Action Minutes Of The October 4, 2022, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
City of Emeryville Page 3 of 8 Printed on 10/21/2022
City Council AGENDA October 18, 2022
10.5. ID-2022-533 Bicycle / Pedestrian Advisory Committee Activities Update (Mohamed Alaoui/Matt Anderson)
Staff Report - Bicycle Pedestrian Advisory Committee Activities Update 2022
Attachment A - BPAC Motions June 2022 - Sept 2022
Attachment B - CVE Pilot Proposal
Attachments:
10.6. ID-2022-535 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Approve A First Amendment With The
California Department Of Transportation (Caltrans) To The Agreement For Maintenance Of State Highways In The City Of Emeryville As It Relates To The Construction Of The Storm Drain Large Trash Separator Project, Project No. EPW-18107 (CIP No. 18475009). (Mohamed Alaoui/Nancy Humphrey)
Staff Report
Draft Resolution
Exhibit A
Exhibit B
APPROVED Resolution No. 22-133
Attachments:
10.7. ID-2022-534 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Contract With K.J. Woods Construction Inc., In An Amount Of $688,000 For The Construction Of The Storm Drain Large Trash Separator Project, Project No.
EPW-18107 (CIP No. 18475009). (Mohamed Alaoui / Michael Roberts)
Staff Report
Draft Resolution
Exhibit A Contract
Exhibit A(1) Addenda - Plans and Specifications
Exhibit A(2) Project Specifications
Exhibit A(4) Project Plans
Exhibit A(5) Contractor's Bid and Proposal
Exhibit B - Insurance Requirements (DocuSign)
Exhibit C - Site Plan
Exhibit D Required Bond Documents
APPROVED Resolution No. 22-134
Attachments:
City of Emeryville Page 4 of 8 Printed on 10/21/2022
City Council AGENDA October 18, 2022
10.8. ID-2022-539 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A First Amendment Of The Contract With Schaaf And Wheeler For Additional Scope Related To Design And Construction Of A Large Trash Separator In Storm Drain Line In An Amount Not To Exceed $42,565.00 For A Total Contract Amount Not To Exceed $131,093.00, Project No. EPW 107-18, CIP No.
ST-13; CEQA Determination: Exempt Pursuant To State CEQA Guidelines 15061(b)(3). (Mohamed Alaoui / Nancy Humphrey) Staff Report
Draft Resolution
2021 Contract
Contract Amendment 1
APPROVED Resolution No. 22-135
Attachments:
10.9. ID-2022-523 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Lease With Hong Kong East Ocean Restaurant, Ltd. For 3199 Powell Street (Portion Of APN 049-1525-002-01) (Charles S. Bryant / Chadrick Smalley) Staff Report
Draft Resolution
Exhibit A - Hong Kong East Ocean Lease
APPROVED Resolution No. 22-136
Attachments:
10.10. ID-2022-515 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The Grant Agreement With The City Of Oakland In The Amount Of $50,000 Per Year For FY2022-23 For The 8 To Go Paratransit Shuttle Service. (Rebecca Sermeno / Kim Burrowes)
Staff Report
Exhibit A - Grant Agreement with City of Oakland
Draft Resolution
APPROVED Resolution No. 22-137
Attachments:
10.11. ID-2022-542 Resolution Of The City Council Of The City Of Emeryville Accepting A Donation In The Amount Of $10,000 From Stanford Health Care To The City Of Emeryville Community Services Department To Support Annual Community Events. (Rebecca Sermeno)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-138
Attachments:
City of Emeryville Page 5 of 8 Printed on 10/21/2022
City Council AGENDA October 18, 2022
11. PUBLIC HEARINGS
11.1. ID-2022-517 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Amending 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 (Charles S. Bryant)
Staff Report
Proposed Ordinance
Exhibit A - Proposed Planning Regulations Amendments
Attachments:
11.2. ID-2022-506 Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For Weekend Work On 47th Street, Doyle Street, Steve Dain Drive, And 41st Street To Occur On Dates To Be Determined Between October 22, 2022 And
December 4, 2022 To The City Of Emeryville And CF Contracting, Inc. For Work Related To Street Improvements As Part Of The Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No.
17240005) (CEQA Status: Exempt Pursuant To State CEQA
Guidelines Section 15061(b)(3)). (Ryan O'Connell / Mohamed Alaoui)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-139
Attachments:
12. ACTION ITEMS
12.1. ID-2022-518 Adoption Of 2022 California Building Standards Code And Local Amendments. (Charles S. Bryant / Victor Gonzales)
Attachments: Staff Report
12.1.1. ID-2022-519 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, And 10 Of Title 8 Of The Emeryville Municipal Code, Entitled “Building Regulations”, And Making Required Findings Relating To The Adoption And Amendment Of The California Building Standards Code (CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15061(b)(3) And 15378(b)(2))
Attachments: Proposed Ordinance
City of Emeryville Page 6 of 8 Printed on 10/21/2022
City Council AGENDA October 18, 2022
12.1.2. ID-2022-520 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Chapter 5 Of Title 4 Of The Emeryville Municipal Code, Entitled “Fire Code” And Making Required Findings Relating To The Adoption And Amendment Of The California Building Standards Code (CEQA Determination: Exempt
Pursuant To CEQA Guidelines Sections 15061(b)(3) And
15378(b)(2))
Attachments: Proposed Ordinance
12.2. ID-2022-521 Resolution Of The City Council Of The City Of Emeryville Approving The Purchase Of Artworks For The City’s Annual Purchase Award Program Entitled “Ant, Grasshopper, Mosquito, and Stag Beetle” By Emeryville Artist Ken Kalman With Funding Of Up To $26,100 From The Public Art Fund (Fund 243) For The Purchase And Installation Of The Artworks, And Acknowledging Cesar Cuerva And Tali Grinshpan As The First And Second Honorable Mentions (Charles S. Bryant / Chadrick Smalley / Amber Evans)
Staff Report
Attachment 1 - Artwork Images and Artists' Biographies
Draft Resolution
APPROVED Resolution No. 22-140
Attachments:
12.3. ID-2022-522 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Amending Chapter 4 Of Title 5 Of The Emeryville Municipal Code, “Cabarets And Dances” (CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15061(b)(3), 15378(a) And 15378(b)(3)) (Charles S. Bryant / Chadrick Smalley)
Staff Report
Proposed Ordinance
Attachments:
12.4. ID-2022-516 Update And Overview Of East Bay Community Energy (EBCE)’s Local Programs. (Mohamed Alaoui/Nancy Humphrey)
Attachments: EBCE 2022 Update Staff Report
City of Emeryville Page 7 of 8 Printed on 10/21/2022
City Council AGENDA October 18, 2022
13. DEPARTMENT HEAD REPORTS
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE ON TUESDAY, NOVEMBER 1, 2022, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, 1333 PARK AVENUE, EMERYVILLE, CA 94608 OR VIA TELECONFERENCE IN ACCORDANCE WITH ASSEMBLY BILL 361.
LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
ID-2022-528 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.
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.
City of Emeryville Page 8 of 8 Printed on 10/21/2022