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 Sukhdeep Kaur
Council Member David Mourra
Council Member Kalimah A. Priforce
Tuesday, July 18, 2023 7:16 PM Council Chambers / Teleconference This meeting is being conducted in a hybrid (in-person / Zoom) format at 1333 Park Avenue, Emeryville, California
To join the meeting via Zoom, use the information provided below.
The City offers many ways for you to watch and participate in City matters. Public comment for Council agenda items can be submitted online via our online speaker card at www.emeryville.org/citycouncil when an agenda is posted. Written comments can also be submitted by email to [email protected] or to 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.
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International Phone Numbers: https://emeryville-org.zoom.us/u/kejt5XQ5xt A complete copy of the agenda packet is available for viewing at the Information Center at City Hall, located at 1333 Park Avenue, Emeryville, California, and 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. Copies will also be available at the Information Counter at City Hall during normal business hours. 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, Management of Emeryville Services Authority, 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 City of Emeryville Page 1 of 10 Printed on 7/21/2023
City Council AGENDA July 18, 2023
www.emeryville.org/citycouncil.
You can request free copies of the Emeryville City Council, Successor Agency, Management of Emeryville Services Authority, and related agendas, in digital format 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 and/or text.
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.
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.
No animals shall be allowed at or brought in to a public meeting by any person except (i) as to members of the public or City staff utilizing the assistance of a service animal, which is defined as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability, or (ii) as to police officers utilizing the assistance of a dog(s) in law enforcement duties.
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 at 510-450-7800, 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.
City of Emeryville Page 2 of 10 Printed on 7/21/2023
City Council AGENDA July 18, 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
4.1. ID-2023-298 Proclamation Of The City Council Of The City Of Emeryville Honoring Charles S. Bryant Upon The Occasion Of His Retirement From The City Of Emeryville After More Than Twenty-Three Years Of Continuous And Outstanding Service
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-2023-293 Warrants. (Lawrence Chiu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2023-301 Action Minutes Of The July 5, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
10.3. ID-2023-302 Action Minutes Of The July 5, 2023, Special City Council Study Session. (April Richardson)
Attachments: Action Minutes
10.4. ID-2023-304 Action Minutes Of The July 5, 2023, City Of Emeryville Special City Council Meeting. (April Richardson)
Attachments: Action Minutes
City of Emeryville Page 3 of 10 Printed on 7/21/2023
City Council AGENDA July 18, 2023
10.5. ID-2023-303 Action Minutes Of The July 5, 2023, City Of Emeryville Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
10.6. ID-2023-282 Resolution Of The City Council Of The City Of Emeryville Authorizing A Second Amendment Of The Professional Services Contract With West Coast Code Consultants (WC3) For Fiscal Year 2022-2023 For Building Division Services In An Amount Of $250,000 To Cover Expanded Services For A Total Amount Not To Exceed $3,091,714 And Increasing Revenues And Expenditures In The Building Division Budget For Fiscal Year 2022-2023 (Charles S. Bryant / Victor R.
Gonzales)
Staff Report
Professional Services Contract with WC3
First Amendment to Contract with WC3
Draft Resolution
Exhibit A - Second Amendment to Contract with WC3
APPROVED Resolution No. 23-92
Attachments:
10.7. ID-2023-262 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Second Amendment To The
Professional Services Contract With Urban Planning Partners (UPP) Increasing The Total By $149,008 From $315,234 To $464,242 For Preparation Of A CEQA Compliant Environmental Document For The 5801 Christie Avenue Mixed Use Project Located At 5801 And 5681 Christie Avenue And Appropriating $49,008 In Expenditures To Division 1725, “Planning Reimbursables”, Account 80050, Professional Services. (Charles S. Bryant / Miroo Desai) Staff Report
Professional Services Contract with UPP
First Amendment to Professional Services Contract with UPP Draft Resolution
Exhibit A - Second Amendment to Professional Services Contract with UPP
APPROVED Resolution No. 23-93
Attachments:
10.8. ID-2023-261 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept In-Lieu Funds From BRE-BMR 53rd LP To Contribute Towards Emergency Operations Center
Upgrade/Hollis Street Fire Station, In An Amount Of $1,475,000, And Appropriate The Said Sum To Developer Contribution Fund 473, Account 63070, Project Number 16475004 When Received.
(Charles S. Bryant / Miroo Desai)
City of Emeryville Page 4 of 10 Printed on 7/21/2023
City Council AGENDA July 18, 2023
Staff Report
Draft Resolution
APPROVED Resolution No. 23-94
Attachments:
10.9. ID-2023-249 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Professional Services Contract With Operation Dignity, Inc. To Provide Homeless Support Services In An Amount Not To Exceed $293,830 For Fiscal Year 2023-2024, $293,830 For Fiscal Year 2024-2025, And $293,830 For Fiscal Year 2025-2026 For A Total Contract Amount Not To Exceed $881,490. (Charles S. Bryant / Chadrick Smalley / Charles Harris) Staff Report
Draft Resolution
Exhibit A - Professional Services Contract with Operation Dignity, Inc
APPROVED Resolution No. 23-95
Attachments:
10.10. ID-2023-254 Resolution Of The City Council Of The City Of Emeryville Approving The Scope Of Work For And Authorizing The City Engineer To Advertise For Public Bids For The Construction Of Sanitary Sewer Spot Repairs As Part Of The Sanitary Sewer Rehabilitation Program, Fiscal Year 2023/2024, Project No. 15511005.
(Mohamed Alaoui/Nik Ignacio)
Staff Report
Attachment A - Project Location Map
Attachment B - Spot Repair Schedule of Descriptions
Draft Resolution
APPROVED Resolution No. 23-96
Attachments:
10.11. ID-2023-273 Local Road Safety Plan (LRSP) Grant: (Mohamed Alaoui / Ryan O'Connell)
Attachments: Staff Report
10.11.1 .
ID-2023-286 Resolution Of The City Council Of The City Of Emeryville Accepting $40,000 In Grant Funding From Caltrans For
Completing A Local Roadway Safety Plan
Resolution - Accept LRSP Funds
Exhibit A - Supplemental Agreement LRSP
APPROVED Resolution No. 23-97
Attachments:
10.11.2 .
ID-2023-287 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute All Master
Agreements, Program Supplemental Agreements, Fund
Exchange Agreements, Fund Transfer Agreements, And Any
Amendments Thereto With California Department Of
Transportation
City of Emeryville Page 5 of 10 Printed on 7/21/2023
City Council AGENDA July 18, 2023
Resolution - Blanket Signature Authority
APPROVED Resolution No. 23-98
Attachments:
10.12. ID-2023-296 Resolution Of The City Council Of The City Of Emeryville Accepting The Davenport Mini-Park Renovation Project, (CIP No. 16475017), As Complete And Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk. (Mohamed Alaoui / Pedro Jimenez)
Staff Report
Draft Resolution
APPROVED Resolution No. 23-99
Attachments:
10.13. ID-2023-288 Resolution Of The City Council Of The City Of Emeryville Recognizing The Emeryville Police Managers Association (EPMA) As An Employee Organization And As The Sole Bargaining
Representative For Employees Previously Represented By The Confidential Administrative, Managerial, And Professional Employees (CAMP) Employee Organization. (Lilybell Nakamura)
Staff Report
Petition of Support
Resolution MA06-10
Resolution 86-05
Draft Resolution
APPROVED Resolution No. 23-100
Attachments:
10.14. ID-2023-309 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept A Grant Award On Behalf Of The Police Department, From The FY2023 Byrne Justice Assistance Grant (JAG) In The Amount Of $10,977.30 For Funds Related To
Conducted Energy Devices. (Jeff Jennings / Oliver Collins) Staff Report
Draft Resolution
FY23 Sheriff Award Letter
Certs & Assurances
APPROVED Resolution No. 23-101
Attachments:
10.15. ID-2023-310 Resolution Of The City Council Of The City Of Emeryville Removing The Police Chief Position From Representation By The Confidential Administrative, Managerial, And Professional Employees (CAMP) Employee Organization To Unrepresented. (Lilybell Nakamura) Staff Report
Draft Resolution
APPROVED Resolution No. 23-102
Attachments:
City of Emeryville Page 6 of 10 Printed on 7/21/2023
City Council AGENDA July 18, 2023
10.16. ID-2023-311 Resolution Of The City Council Of The City Of Emeryville Approving And Adopting A Memorandum Of Understanding Between The City Of Emeryville And The Emeryville Police Officers Association (POA), Authorizing The City Manager To Execute The Memorandum Of Understanding, And Approving The Amendment To The City’s Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5. (Lilybell Nakamura) Staff Report
Draft Resolution
Draft MOU - redlined
Draft MOU - clean
APPROVED Resolution No. 23-103
Attachments:
City of Emeryville Page 7 of 10 Printed on 7/21/2023
City Council AGENDA July 18, 2023
11. PUBLIC HEARINGS
11.1. ID-2023-305 Resolution Of The City Council Of The City Of Emeryville Establishing The Fiscal Year 2024 Property And Business Improvement District (PBID) Annual Assessment Levy For The Respective Parcels Within The Improvement District With A 3% Rate Increase On All Parcels, And Approving The Preliminary Budget Submitted By The Emeryville Transportation Management
Association (ETMA) For Service Year 2024. (Lawrence Chiu) Staff Report
Attachment 1 - ETMA 2024 Preliminary Budget
Attachment 2 - ETMA 2022 Annual Report
Attachment 3 - ETMA 2014-2023 Ridership Report
Attachment 4 - FY 2024 Preliminary Assessment Levy 3% Increase Draft Resolution
APPROVED Resolution No. 23-104
Attachments:
11.2. ID-2023-272 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Amending Chapter 9 Of Title 4 Of The Emeryville Municipal Code, “Vehicular Traffic And Parking” (CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15378 And 15061(B)(3)). (Mohamed Alaoui / Josie Ahrens) Staff Report
Draft Ordinance
Exhibit A - Curb Color Request Form
Exhibit B - Curb Color Process
Attachments:
12. ACTION ITEMS
12.1. ID-2023-289 40th Street Multimodal Project: (Mohamed Alaoui / Ryan O'Connell) Staff Report
Attachment A - Original Professional Services Contract
Exhibit A - Original Scope of Work
Attachment B - First Amendment (Diablo)
Exhibit A-1 - Task 8 for 1st Amendment
Exhibit A-2 - Task 9 for 1st Amendment
Attachment C - Phase 1 and Phase 2 Map
Attachments:
12.1.1. ID-2023-290 Resolution Of The City Council Of The City Of Emeryville Approving Concept Of Closing Unsignalized Intersections On The North Side Of 40th Street (Watts, Haven, Holden, And Hubbard) As Part Of The 40th Street Multimodal Project
City of Emeryville Page 8 of 10 Printed on 7/21/2023
City Council AGENDA July 18, 2023
Draft Resolution
APPROVED Resolution No. 23-105
Attachments:
12.1.2. ID-2023-291 Resolution Of The City Council Of The City Of Emeryville Approving Addition Of New Scope Of Work (Exhibit A-1) Related To Additional Design Work For Unsignalized Intersections On The North Side Of 40th Street As Part Of The 40th Street Multimodal Project Into The Professional Services Contract With Diablo Engineering Group
Draft Resolution
Exhibit A-1 - Task 8 for 1st Amendment
APPROVED Resolution No. 23-106
Attachments:
12.1.3. ID-2023-292 Resolution Of The City Council Of The City Of Emeryville Approving Addition Of New Scope Of Work (Exhibit A-2) Related To Design Of The 40th Street Multimodal Project Phase 2: Bay Trail Gap Closure (CIP No. SUT-05) Into The Professional Services Contract With Diablo Engineering Group
Draft Resolution
Exhibit A-2 - Task 9 for 1st Amendment
APPROVED Resolution No. 23-107
Attachments:
12.1.4. ID-2023-295 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A First Amendment To The Professional Services Contract With Diablo Engineering Group For Additional Services As Described In Exhibit(s) ___________, Increase The Total Compensation By
$___________, For A Total Amount Not To Exceed
$___________
Attachment A - Original Professional Services Contract
Attachment B - First Amendment (Diablo)
Draft Resolution
Exhibit A-1 - Task 8 for 1st Amendment
Exhibit A-2 - Task 9 for 1st Amendment
APPROVED Resolution No. 23-108
Attachments:
13. DEPARTMENT HEAD REPORTS
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE ON TUESDAY, SEPTEMBER 5, 2023, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, 1333 PARK AVENUE, EMERYVILLE, CA 94608, AND VIA TELECONFERENCE.
City of Emeryville Page 9 of 10 Printed on 7/21/2023
City Council AGENDA July 18, 2023
LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
ID-2023-297 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.
Please continue to check the final, published agenda for the latest information.
September 5, 2023
- Active Transportation Plan adoption and General Plan
Amendments
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 7/21/2023