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 17, 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/kcNoiaacER 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 10/23/2023
City Council AGENDA October 17, 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 10 Printed on 10/23/2023
City Council AGENDA October 17, 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-2023-399 Presentation: Alameda County Healthy Homes Department - Lead Poisoning Prevention Program
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-2023-410 Warrants. (Lawrence Chiu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2023-401 Action Minutes Of The October 3, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
10.3. ID-2023-402 Action Minutes Of The October 3, 2023, City Of Emeryville Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
10.4. ID-2023-387 Resolution Of The City Council Of The City Of Emeryville Rescinding Resolution No. 23-70 And Adopting A Revised Appropriations Limit For Fiscal Year 2024 Of $146,833,723. (Lawrence Chiu)
City of Emeryville Page 3 of 10 Printed on 10/23/2023
City Council AGENDA October 17, 2023
Staff Report
Draft Resolution
Attachment A - Fiscal Year 2024 GANN Appropriations Limit APPROVED Resolution No. 23-130
Attachments:
10.5. ID-2023-413 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Issue An Initial Purchase Order In The Amount Of Fifty-Two Thousand Two Hundred Forty-Nine Dollars and Fifty-Two Cents ($52,249.52), As Well As Additional Purchase Orders To SHI Over The Next Three Years To Provide Microsoft Licensing As Needed In An Amount Not To Exceed Two Hundred Fifty Thousand Dollars ($250,000). (Michael Parenti)
Staff Report
Draft Resolution
SHI Year One Quote
APPROVED Resolution No. 23-131
Attachments:
10.6. ID-2023-394 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept And Appropriate A Grant Award On Behalf Of The Police Department, From The State Of California’s Office Of Traffic Safety, Selective Traffic Enforcement Program (STEP) In The Amount Of $31,500 For Funds Related To Improving Traffic, Bicycle, And Pedestrian Safety Within The City. (Jeff Jennings / Oliver Collins)
Staff Report
Draft Resolution
Grant Agreement PT24065
APPROVED Resolution No. 23-132
Attachments:
10.7. ID-2023-412 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept And Appropriate A Grant Award On Behalf Of The Police Department From The State Of California’s Office Of Traffic Safety, Traffic Records Improvement Program (TRIP) In The Amount Of $24,800 For Funds Related To Improving The Police Department Traffic Records Reporting System. (Jeff Jennings / Oliver Collins)
Staff Report
Draft Resolution
Grant Agreement TR24012
APPROVED Resolution No. 23-133
Attachments:
City of Emeryville Page 4 of 10 Printed on 10/23/2023
City Council AGENDA October 17, 2023
10.8. ID-2023-415 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept And Appropriate A Grant Award On Behalf Of The Police Department From The State Of California’s Alcohol Beverage Control (ABC), Via The Office Of Traffic Safety, In The Amount Of $40,000 Related To Reducing Youth Access To Alcohol And Other Purposes. (Jeff Jennings / Oliver Collins) Staff Report
Draft Resolution
Grant Agreement
APPROVED Resolution No. 23-134
Attachments:
10.9. ID-2023-391 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. 23-135
Attachments:
10.10. ID-2023-395 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Grant Agreement With The City Of Oakland In The Amount Of $50,000 For FY2023-24 For The 8 To Go Paratransit Shuttle Service. (Rebecca Sermeno / Kim Burrowes) Staff Report
Draft Resolution
Grant Agreement
APPROVED Resolution No. 23-136
Attachments:
10.11. ID-2023-409 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Memorandum Of Understanding With The Emery Unified School District (EUSD) To Provide Youth Programing Funded Through The After School Education And Safety (ASES) Grant, And The Expanded Learning Opportunities Programs (ELO-P) Grant Provided By The California State Department Of Education, In The Amount Estimated At One Hundred And Four Thousand Dollars ($104,000) For ASES And In The Amount
Estimated At Three Hundred And Ten Thousand ($310,000) Dollars For The ELO-P Grant For The Academic School Year 2023/2024. (Rebecca Sermeno)
Staff Report
Draft Resolution
ASES 2023/2024 Memorandum of Understanding
ELO-P 2023/2024 Memorandum of Understanding
APPROVED Resolution No. 23-137
Attachments:
City of Emeryville Page 5 of 10 Printed on 10/23/2023
City Council AGENDA October 17, 2023
10.12. ID-2023-381 Resolution Of The City Council Of The City Of Emeryville Appropriating $734,329 From The Affordable Housing Impact Fee Fund (Fund 239) To The Operating Budget For Fiscal Year 2023-2024 For Loans To Developers (Account 239-88120) For The Nellie Hannon Gateway Project. (Chadrick Smalley / Valerie Bernardo)
Staff Report
Draft Resolution
APPROVED Resolution No. 23-138
Attachments:
10.13. ID-2023-417 Second Reading And Adoption 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 6 of 10 Printed on 10/23/2023
City Council AGENDA October 17, 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 7 of 10 Printed on 10/23/2023
City Council AGENDA October 17, 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
APPROVED Ordinance No. 23-003
11. PUBLIC HEARINGS
11.1. ID-2023-388 Active Transportation Plan: (Chadrick Smalley / Miroo Desai / Navarre Oaks)
Staff Report
Attachment 1 - Public Draft Comment Response Memo
Attachments:
11.1.1. ID-2023-389 Resolution Of The City Council Of The City Of Emeryville Adopting A General Plan Amendment To Modify Figure 3-1
(Circulation Map), Figure 3-4 (Pedestrian System Map), And Figure 3-6 (Bicycle System Map) In The General Plan
Transportation Element (Chapter 3) Of The City Of Emeryville General Plan
Draft Resolution - General Plan Amendment
GPA Resolution Exhibit A - 3-1 Circulation
GPA Resolution Exhibit B - 3-4 Pedestrian
GPA Resolution Exhibit C - 3-6 Bicycle
APPROVED Resolution No. 23-139
Attachments:
11.1.2. ID-2023-390 Resolution Of The City Council Of The City Of Emeryville Adopting The Active Transportation Plan And Accepting The Appendices To The Active Transportation Plan (CEQA
Determination: Exempt Pursuant To Public Resources Code Section 21808.20 And CEQA Guidelines Sections 15301(c), 15302, 15304(H), And 15061(b)(3))
Draft Resolution - ATP Adoption
ATP Resolution Exhibit A - Final ATP
ATP Resolution Exhibit B - Final ATP Appendices
APPROVED Resolution No. 23-140
Attachments:
12. ACTION ITEMS
12.1. ID-2023-414 Consideration Of Travel Authorization For Mayor Bauters. (John Bauters)
Staff Report
Attachment A: Council Policy #3, Reimbursement for Approved Travel and Other Expenses
Attachments:
City of Emeryville Page 8 of 10 Printed on 10/23/2023
City Council AGENDA October 17, 2023
12.2. ID-2023-382 Resolution Of The City Council Of The City Of Emeryville Approving The Purchase Of Artworks For The City’s Annual Purchase Award Program Entitled Dollar Store By Emeryville Artist Michael Farruggia And Chroma Clusters #1, #3 And #4 By Erin Fong With Funding Of Up To $11,500 From The Public Art Fund (Fund 243) For The Purchase And Installation Of The Artworks, And Acknowledging John Whitehead’s The Numen Of The Wood As The Honorable Mention. (Chadrick Smalley / Amber Evans)
Staff Report
Attachment 1 - Artwork Images
Attachment 2 - Artists' Biographies
Draft Resolution
APPROVED Resolution No. 23-141
Attachments:
13. DEPARTMENT HEAD REPORTS
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE ON TUESDAY, NOVEMBER 7, 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 10/23/2023
City Council AGENDA October 17, 2023
LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
ID-2023-403 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.
November 7, 2023
- Study Session: Multifamily Accessibility Ordinance
- Special Meeting: Advisory Body Appointments
- Adeline Sites RFP
November 21, 2023
- Study Session: Tree Study
- Objective Development Standards
- AC Transit Realign
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 10/23/2023