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 Courtney Welch
Council Member David Mourra
Council Member Kalimah A. Priforce
Council Member VACANT
Tuesday, February 7, 2023 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 7 Printed on 2/23/2023
City Council AGENDA February 7, 2023
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/86476069753?pwd=azBOZWJuNVlrc1Z0RG9aVlo2UDF2QT09 Passcode: 078989
Or iPhone one-tap: +16699006833,,86476069753#,,,,*078989# Or Telephone: 669-900-6833
Webinar ID: 864 7606 9753
Passcode: 078989
International Phone Numbers: https://emeryville-org.zoom.us/u/kd62iNA53q 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 7 Printed on 2/23/2023
City Council AGENDA February 7, 2023
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-2023-022 Warrants. (Bill Zenoni)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2023-026 Action Minutes Of The January 17, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
10.3. ID-2023-027 Action Minutes Of The January 17, 2023, City Council Study Session. (April Richardson)
Attachments: Action Minutes
10.4. ID-2023-032 Action Minutes Of The January 17, 2023, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
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City Council AGENDA February 7, 2023
10.5. ID-2023-029 Resolution Of The City Council Of The City Of Emeryville Appointing Standby Officers For Succession Of Council Member Kalimah Priforce In The Event Of A Declared Emergency For Calendar Year 2023. (April Richardson / Lorrayne Leong)
Staff Report
Attachment A - Government Code Sections 8635-8644
Draft Resolution
Exhibit A - 2023 Standby Officers Roster
APPROVED Resolution No. 23-12
Attachments:
10.6. ID-2022-653 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Request An Allocation Of $9,250,000 In Higher Impact Transformative Regional Early Action Planning Grant Funds From The California Department Of Housing And Community Development, Execute The Request For Funds, And Enter Into A California Standard Agreement. (Charles S. Bryant / Chadrick Smalley / Valerie Bernardo)
Staff Report
Draft Resolution
APPROVED Resolution No. 23-13
Attachments:
11. PUBLIC HEARINGS
11.1. ID-2023-018 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 February 8, 2023 And November 17, 2023 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:
City of Emeryville Page 4 of 7 Printed on 2/23/2023
City Council AGENDA February 7, 2023
12. ACTION ITEMS
12.1. ID-2023-035 Reassessment of Bay Street-Shellmound Street Extension Assessment District: (Bill Zenoni / Monica Centeno)
Attachments: Staff Report
12.1.1. ID-2023-037 Resolution Of The City Council Of The City Of Emeryville Directing The Recordation Of Addendums To Notices Of
Reassessment For Certain Assessment Districts, And Directing The Disposition Of Surplus Funds Related To The City’s Bay Street-Shellmound Street Extension Assessment District
Draft Resolution
Exhibit A
APPROVED Resolution No. 23-14
Attachments:
12.1.2. ID-2023-038 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Repealing Article 2 Of Chapter 2 Of Title 3 (Bay-Shellmound Contingent Assessment Special Fund) Of The Emeryville Municipal Code
Attachments: Draft Ordinance
12.2. ID-2023-052 A Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute An Event Hosting Agreement With WES Management For The eSC eSkootr
Championship Event To Be Held In Emeryville In 2023, 2024 And 2025. (Charles Bryant/Chadrick Smalley)
Staff Report
Draft Resolution
Exhibit A - eSkootr Championship Event Hosting Agreement APPROVED Resolution No. 23-15
Attachments:
12.3. ID-2023-025 City Council Vacancy - Discussion Of Applicant Interview Format and Direction to Staff. (April Richardson)
Attachments: Staff Report
12.4. ID-2023-021 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. 23-16
Attachments:
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City Council AGENDA February 7, 2023
13. DEPARTMENT HEAD REPORTS
13.1. ID-2023-034 Planning Director's report on Planning Commission actions at the January 26, 2023 meeting:
(a) 65th Street Multi-Unit Residential Extension Request.
Consideration of a request for a two-year extension of a Conditional Use Permit and Design Review permit that was approved by the Planning Commission on December 9, 2021 for a new 24-unit residential building consisting of all 2- and 3 -bedroom units at 1225 65th Street requiring a variance for the setback on the west side of the property.*
(b) Capital Improvement Program. A study session to review the proposed Capital Improvement Program (CIP) covering the five year period from 2023 to 2028.
(c) 9 Anchor Drive Residential Project. A study session to review a proposal to redevelop a 2.18-acre site at 9 Anchor Drive with 54 rental residential units. The project involves demolition of the existing Trader Vic’s restaurant building.**
* 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.
** This project was withdrawn by the applicant, so the study session was not held. Adjacent property owners and residents were notified of the withdrawal.
The packet for the January 26, 2023 Planning Commission meeting can be viewed online at
<https://www.ci.emeryville.ca.us/ArchiveCenter/ViewFile/Item/5365>
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
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City Council AGENDA February 7, 2023
LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
ID-2023-033 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.
February 21, 2023
-CIP Study Session
When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil.
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