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, October 3, 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/k4IfnRpjI 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 8 Printed on 10/2/2023
City Council AGENDA October 3, 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.
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 510-596-4300, 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.
Public Comment: Each speaker is limited to three minutes to present their comments to the City Council at each speaking opportunity. At the discretion of the Presiding Officer, time limits may be further adjusted.
The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council, Successor Agency, Management of Emeryville Services Authority, or related meeting. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that would potentially violate the Fair Employment and Housing Act – i.e., statements or conduct that is hostile, intimidating, oppressive, or abusive – is per se disruptive to a meeting and will not be tolerated.
City of Emeryville Page 2 of 8 Printed on 10/2/2023
City Council AGENDA October 3, 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-2023-374 Proclamation Of The City Council Of The City Of Emeryville Proclaiming October 2023 As National Arts & Humanities Month
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-2023-378 Warrants. (Lawrence Chiu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2023-385 Action Minutes Of The September 26, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
10.3. ID-2023-386 Action Minutes Of The September 26, 2023, City Of Emeryville Special City Council Meeting. (April Richardson)
Attachments: Action Minutes
10.4. ID-2023-354 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into An Agreement With Terrapin Technology Group For Audio, Video, And Broadcasting Upgrades (CIP No. INT-02) In The City Council Chamber For An Amount Not To Exceed $125,000. (Michael Parenti / April Richardson)
City of Emeryville Page 3 of 8 Printed on 10/2/2023
City Council AGENDA October 3, 2023
Staff Report
Draft Resolution
Attachment A - Professional Services Contract
Attachments:
10.5. ID-2023-361 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Exercise The Option To Acquire 1500 Park Avenue #314, The Resale Restriction Agreement For Moderate Income Set-Aside Units, And Execute All Other Documents Required To Complete The City’s Acquisition Of 1500 Park Avenue #314 At A Purchase Price Not To Exceed $355,900; And To Expend Up To $13,600 For Repairs, Holding Costs And Any Additional
Transactional Costs For A Total Expenditure Not To Exceed $369,500 From The Measure C Housing Bond Fund (Fund 284) As Appropriated For The Below Market Rate Unit Acquisition Program. (Chadrick Smalley / Valerie Bernardo / Charles Harris)
Staff Report
Draft Resolution
Exhibit A - Resale Restriction Agreement for Moderate Income Set-Aside Units
Attachments:
10.6. ID-2023-396 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 Management Association (PMA), 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
Exhibit A - PMA Memorandum of Understanding
Attachments:
10.7. ID-2023-393 Resolution Of The City Council Of The City Of Emeryville To Support Local, State, And Federal Efforts To Exonerate The Port Chicago
50. (John Bauters)
Staff Report
Draft Resolution
Attachments:
City of Emeryville Page 4 of 8 Printed on 10/2/2023
City Council AGENDA October 3, 2023
11. PUBLIC HEARINGS
12. ACTION ITEMS
12.1. ID-2023-375 Alameda County Fire Department Annual Report Presentation
12.2. ID-2023-377 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Various Municipal Code Provisions To Eliminate Or Modify Criminal Penalties For Code Violations, Identified As “Group I Amendments;” Repealing And Replacing Chapter 14 (“Sandblasting”) Of Title 8 (“Building Regulations”) And Chapter 1 (“Planning Regulations - General Provisions”) Of Title 9 (“Planning Regulations”) To Correct Typographical Errors Or Inconsistencies; And Repealing Chapter 16 ("Pawnbrokers, Secondhand Jewelry Dealers And Auction Sales”) Of Title 5 (“Public Welfare”) In Its Entirety. CEQA Determination: Not A Project And Exempt Pursuant To CEQA Guidelines Section 15378(b)(5) And 15061(b)(3). (John Kennedy / Christie Crowl) City of Emeryville Page 5 of 8 Printed on 10/2/2023
City Council AGENDA October 3, 2023
Staff Report
Attachment A - Draft Ordinance (Group I Amendments)
Exhibit 1A - EMC 3-1 Business Taxes
Exhibit 1B - EMC 3-3.503 Utility Users Tax
Exhibit 1C - EMC 3-7 Permits and Licenses
Exhibit 1D - EMC 4-2 Emergency Plans
Exhibit 1E - EMC 4-12 Emergency Medical Services
Exhibit 1F - EMC 5 Abandoned Vehicles
Exhibit 1G - EMC 5-3 Air Pollution
Exhibit 1H - EMC 5-11 Massage Establishments
Exhibit 1I - EMC 5-17 Alarm Systems
Exhibit 1J - EMC 5-18 Poolrooms
Exhibit 1K - EMC 5-19 Streets and Sidewalks
Exhibit 1L - EMC 5-25 Hotels, Motels and Lodging Houses Exhibit 1M - EMC 5-28 Cannabis
Exhibit 1N - EMC 5-35 Certified Farmers' Markets
Exhibit 1O - EMC 5-36 Irrigation Water Waste Prohibition Exhibit 1P - EMC 6-1 Animals and Fowl
Exhibit 1Q - EMC 6-2 Dangerous and Insanitary Conditions Exhibit 1R - EMC 6-4 Collection of Solid Waste and Recyclables Exhibit 1S - EMC 6-5 Laundries
Exhibit 1T - EMC 6-7 Rodent Harborage
Exhibit 1U - EMC 6-9 Water Wells
Exhibit 1V - EMC 6-10 Weed and Refuse Abatement
Exhibit 1W - EMC 6-11 Property Maintenance
Exhibit 1X - EMC 6-12 Operation and Maintenance of Off-Street Parking Facilities
Exhibit 1Y - EMC 6-14 Food Service Waste Reduction
Exhibit 1Z - EMC 7-3 Sidewalks, Curbs and Driveways
Exhibit 1AA - EMC 7-7 Standard Specifications for Public Works Construction
Exhibit 1BB - EMC 7-10 Urban Forestry Ordinance
Exhibit 1CC - EMC 8-18 Seismic Hazard Identification and MItigation Program
Exhibit 1DD - EMC 8-21 Floodplain Management
Exhibit 1EE - EMC 8-26 Construction and Demolition Waste Requirements
Exhibit 1FF - EMC 9-5.416 Enforcement of Planning Regulations Exhibit 1GG - EMC 9-7.1502 Penalties (Planning Regulations) Exhibit 1HH - EMC 10-1 Rules and Regulations for the Emeryville Marina
Attachments:
City of Emeryville Page 6 of 8 Printed on 10/2/2023
City Council AGENDA October 3, 2023
Exhibit 2A - EMC 8-14 Sandblasting
Exhibit 2B - EMC 9-1.301 Planning
Attachment B - Chart of Council Recommendations
Attachment C - Summary of Group I Amendments
12.3. ID-2023-392 Consideration Of Travel Authorization For Council Member Priforce. (Council Member Priforce)
Staff Report
Attachment A: Council Policy #3, Reimbursement for Approved Travel and Other Expenses
Attachments:
13. DEPARTMENT HEAD REPORTS
13.1. ID-2023-360 Community Development Director's Report on Planning Commission Actions at the September 28, 2023 meeting:
(a) Four-Unit Replacement, 1271 64th Street - Consideration of a recommendation to the City Council concerning a request to modify the conditions of approval of a Conditional Use Permit and Design Review proposal to construct four new units and demolish four existing units at a site that was previously approved to add additional floor area to an existing four-unit residential building at 1271 64th Street. This project was approved by the City Council on December 21, 2021 with a condition that the Applicant pay five times building permit fees as a penalty for work without permits. This request is to reduce or waive the penalty fee.*
(b) Objective Standards - Consideration of a recommendation to the City Council to approve proposed changes to the Planning Regulations and Design Guidelines to streamline the development review process for multifamily and mixed-use residential projects requiring ministerial approval to comply with State law.** * This item is scheduled for a public hearing by the City Council on November 7, 2023.
** This item was continued to the Planning Commission meeting of October 19th and, pending a recommendation by the
Commission, is scheduled for a public hearing by the City Council on November 21, 2023
The packet for the September 28, 2023 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
<<https://www.ci.emeryville.ca.us/Archive.aspx?ADID=5492>>
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
City of Emeryville Page 7 of 8 Printed on 10/2/2023
City Council AGENDA October 3, 2023
15. ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE ON TUESDAY, OCTOBER 17, 2023, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, 1333 PARK AVENUE, EMERYVILLE, CA 94608, AND VIA TELECONFERENCE.
LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
ID-2023-376 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.
October 17, 2023
- Study Session: Protecting Pollinators Ordinances
- Active Transportation Plan and General Plan Amendments - Adeline Sites RFP
November 7, 2023
- Study Session: Multifamily Accessibility Ordinance
- Demo and Rebuild of 4-Unit Building
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 10/2/2023