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, November 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 9 Printed on 11/4/2022
City Council AGENDA November 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 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/89621314550?pwd=eEIxQjcxVHc3cTEybVNWYS94Yjl5Zz09 Passcode: 961253
Or iPhone one-tap: +16694449171,,89621314550#,,,,*961253# Or Telephone: 669-900-6833
Webinar ID: 896 2131 4550
Passcode: 961253
International Phone Numbers: https://emeryville-org.zoom.us/u/kewfEiv7Vj 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 9 Printed on 11/4/2022
City Council AGENDA November 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
4.1. ID-2022-541 Proclamation Of The City Council Of The City Of Emeryville Proclaiming November 13-19, 2022, As “United Against Hate Week” In The City Of Emeryville
Attachments: Proclamation
4.2. ID-2022-574 Proclamation Of The City Council Of The City Of Emeryville In Support Of Human Rights In Iran
Attachments: Proclamation
4.3. ID-2022-575 Proclamation Of The City Council Of The City Of Emeryville Declaring Saturday, November 26, 2022, Small Business Saturday In The City of Emeryville
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-2022-557 Warrants. (Peggy Xu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
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City Council AGENDA November 1, 2022
10.2. ID-2022-560 Action Minutes Of The October 18, 2022, Special City Council / MESA / Successor Agency Closed Session. (April Richardson) Attachments: Action Minutes
10.3. ID-2022-562 Action Minutes Of The October 18, 2022, City Council Study Session. (April Richardson)
Attachments: Action Minutes
10.4. ID-2022-561 Action Minutes Of The October 18, 2022, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
10.5. ID-2022-548 Annual Development Impact Fee Report - Fiscal Year 2021-2022 (Charles S. Bryant)
Staff Report
Attachment 1 - Public Facilities Funded by Development Impact Fees
Attachment 2 - Impact Fees Revenues, Expenditures, and Fund Balances - FY21-22
Attachment 3 - Impact Fee Budgets from FY 21-22 Budget
Attachment 4 - City of Emeryville Development Impact Fees FY21-22
Attachments:
10.6. ID-2022-549 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Closeout Agreement By And Between The United States Environmental Protection Agency And The City Of Emeryville For The Purpose Of Managing Program Income From The Brownfield Revolving Loan Fund (Charles S.
Bryant / Chadrick Smalley / Amber Evans)
Staff Report
Draft Resolution
Exhibit A - Form of Closeout Agreement
APPROVED Resolution No. 22-141
Attachments:
10.7. ID-2022-577 Resolution Of The City Council Of The City Of Emeryville Approving And Consenting To A Side Letter Of Agreement Between The Management Of Emeryville Services Authority (MESA) And SEIU Regarding Dispatch Shift Differential. (Trish Raver)
(In Conjunction With MESA Item 6.1)
Staff Report
Draft Resolution
Attachment 2 - Side Letter of Agreement
APPROVED Resolution No. 22-142
Attachments:
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City Council AGENDA November 1, 2022
10.8. ID-2022-545 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Purchasing and License Agreement with Sun Ridge Systems, Inc. For The Software Licensing, Services, Support, and Hardware Necessary to Implement A Computer Aided Dispatch / Records Management System (CAD & RMS) For The Police Department In An Amount Not to Exceed $422,000. (Jeff Jennings/Oliver Collins)
Staff Report
Draft Resolution
Exhibit A - Sun Ridge Systems Contract
APPROVED Resolution No. 22-143
Attachments:
10.9. ID-2022-547 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Agreement with PlaceWorks In An Amount Not To Exceed $80,124.00 For A Comprehensive Street Tree Audit And Roadmap To Future
Expansion Of Emeryville’s Street Tree Inventory. CEQA
Determination: Exempt Under Section 15061(b)(3). (Mohamed Alaoui/Nancy Humphrey)
Staff Report
Draft Resolution
Exhibit A - Contract
APPROVED Resolution No. 22-144
Attachments:
10.10. ID-2022-559 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Contract In The Amount Of $190,000.00 With Crossroad Lab For On-Call Active Transportation Design Consultant Services For The Annual Street Rehabilitation And Preventive Maintenance Project, (CIP No. 17240005). (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
Exhibit A - Professional Services Contract (Crossroad Lab) APPROVED Resolution No. 22-145
Attachments:
10.11. ID-2022-551 Second Reading And Adoption 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)
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City Council AGENDA November 1, 2022
Staff Report
Attachment 1 - Staff Report from October 18, 2022
Proposed Ordinance
APPROVED Ordinance No. 22-011
Attachments:
10.12. ID-2022-555 Second Reading And Adoption 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
Attachment 1 - Staff Report from October 18, 2022
Proposed Ordinance
APPROVED Ordinance No. 22-012
Attachments:
11. ACTION ITEMS
11.1. ID-2022-579 Resolution Of The City Council Of The City Of Emeryville Approving And Consenting To An Agreement Of Employment Between The Management Of Emeryville Services Authority (MESA) And Paul Buddenhagen As City Manager And Authorizing The Chair Of The Board Of Directors To Execute Said Agreement On Behalf Of MESA. (John Bauters)
(In Conjunction With MESA Agenda Item 7.1)
Staff Report
Draft Resolution
Exhibit A - Agreement of Employment
APPROVED Resolution No. 22-146
Attachments:
11.2. ID-2022-580 Resolution Of The City Council Of The City Of Emeryville Appointing _____________ And ____________ To An Ad-Hoc Subcommittee For Planning The eSC eSkootr Championship: Emeryville Event And Authorizing The City Manager To Execute A Non-Binding Letter Of Intent To Negotiate And Enter Into An Event Hosting Agreement With WES Management (Charles Bryant/Chadrick Smalley)
Staff Report
Draft Resolution
Exhibit A - Letter of Intent
APPROVED Resolution No. 22-147
Attachments:
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City Council AGENDA November 1, 2022
11.3. ID-2022-564 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 7.2 And Successor Agency Agenda Item 7.1)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-148
Attachments:
11.4. ID-2022-570 Adoption Of 2022 California Building Standards Code And Local Amendments. (Charles S. Bryant / Victor Gonzales)
Attachments: Staff Report
11.4.1. ID-2022-571 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
11.4.2. ID-2022-572 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. DEPARTMENT HEAD REPORTS
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City Council AGENDA November 1, 2022
12.1. ID-2022-556 Planning Director's report on Planning Commission actions at the October 27, 2022 meeting:
(a) 58Fifty Shellmound Life Sciences Tower. A fourth study session to review a proposed 14-story, 265-foot-high building
accommodating 353,540 square feet of life science use
(“Research and Development”), 30 affordable residential units, and approximately 2,300 square feet of ground floor community amenity space at 5850 Shellmound Way. The
project includes demolition of an existing 61,000 square foot office building.
(b) Marketplace Redevelopment Project Parcels A and B.
Consideration of a new Final Development Plan to construct a new 432,158 square foot “Research and Development”
building, a 5,182 square foot building “pavilion” building accommodating retail space and long term employee bicycle space, and a new parking garage accommodating 710
parking spaces on Parcels A and B of the Marketplace
Redevelopment Project; and rescinding previously approved Final Development Plans for 167 residential units on Parcel A (FDP14-002), and for 150,00 square feet of “Research and Development” use on Parcel B (FDP18-001). The proposal
also includes a Tree Removal Permit to remove five street trees located on Shellmound Street.*
(c) RATIO Identification Signs. Consideration of a Major Sign Permit for sitewide identification signs for the “RATIO” Business Center located at 6401 Hollis Street and 1480 64th Street.
Proposed signs include an internally illuminated monument sign fronting 64th Street, a non-illuminated wall sign and non-illuminated monument sign fronting Overland Avenue, and two halo-lit wall signs fronting Hollis Street.*
(d) Bay Street Identification Signs. Consideration of a Major Sign Permit for an illuminated “Bay St” monument sign at the northeast corner of Shellmound Street and Ohlone Way, and two painted “Bay St” wall signs on the parking garage portion of Building A.*
* Item subject to "call for review" (i.e. appeal) by motion of the City Council pursuant to Section 9-7.1406 of the Planning
Regulations.
The packet for the October 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 Council AGENDA November 1, 2022
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13. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
14. ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE ON TUESDAY, NOVEMBER 15, 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-2022-569 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 15, 2022
- Contract Award for 40th Street Cycle Track Design
- Christie Sites Developer Selection
When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil.
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