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, November 7, 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/kyx21vgfR 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 11/13/2023
City Council AGENDA November 7, 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 11/13/2023
City Council AGENDA November 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-2023-424 Warrants. (Lawrence Chiu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2023-406 Action Minutes Of The October 17, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
10.3. ID-2023-408 Action Minutes Of The October 17, 2023, Special City Council Study Session. (April Richardson)
Attachments: Action Minutes
10.4. ID-2023-407 Action Minutes Of The October 17, 2023, City Of Emeryville Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
10.5. ID-2023-324 Annual Development Impact Fee Report - Fiscal Year 2022-2023. (Chadrick Smalley / Miroo Desai)
City of Emeryville Page 3 of 8 Printed on 11/13/2023
City Council AGENDA November 7, 2023
Staff Report
Attachment 1 - Public Facilities Funded by Development Impact Fees
Attachment 2 - Impact Fees Revenues, Expenditures, and Fund Balances - FY22-23
Attachment 3 - Impact Fee Budgets from FY 24-FY25 Budget Attachment 4 - City of Emeryville Development Impact Fees FY22-23
Attachments:
10.6. ID-2023-421 Resolution Of The City Council Of The City Of Emeryville Approving A Sidewalk Café Permit For A Parklet At Philz Coffee At 5663 Bay Street (APN: 49-1039-13) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(B)(3)). (Chadrick Smalley / Miroo Desai / Alyssa Chung)
Staff Report
Attachment 1 - Parklet Plan Set
Attachment 2 - Site Photos
Draft Resolution
APPROVED Resolution No. 23-145
Attachments:
10.7. ID-2023-420 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute All Documents Necessary To
Effectuate The Sale Of A Below Market Rate Unit Located At 1500 Park Avenue #314 For $355,900; Amending The Fiscal Year 2023-2024 Operating Budget To Increase Revenues To, And Expenditures From, The Measure C Affordable Housing Bond (Fund No. 284) By The Net Proceeds Collected Upon The Close Of The Sale Of The Property; And Appropriating The Net Proceeds Collected To The Fiscal Year 2023-2024 Operating Budget For The Below Market Rate Acquisition Program. (Chadrick Smalley / Charles Harris)
Staff Report
Draft Resolution
APPROVED Resolution No. 23-146
Attachments:
10.8. ID-2023-362 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Contract With Corcus Construction Inc. In An Amount Not To Exceed $460,685 For The Construction Of The Sanitary Sewer Spot Repairs Project, EPW 23-005 (CIP #15511005), And Transferring $510,000 From The Sewer Fund 513 To Fund 511 And Appropriating $510,000 From The Sewer Fund 511 To The Sanitary Sewer Spot Repairs Project, EPW 23-005 (CIP #15511005): CEQA Determination: Exempt Pursuant To CEQA Guideline 15301. (Mohamed Alaoui/Nikolas Ignacio)
City of Emeryville Page 4 of 8 Printed on 11/13/2023
City Council AGENDA November 7, 2023
Staff Report
Draft Resolution
Exhibit A - Agreement - Corcus Construction Inc.
APPROVED Resolution No. 23-147
Attachments:
10.9. ID-2023-427 Resolution Of The City Council Of The City Of Emeryville Approving A Second Amendment To The Rubicon Landscape Enterprises Maintenance Contract To Add Additional Maintenance At Huchiun Park, Add Additional Irrigation Repair Work At Various Locations, Transition The Contractor To Electric-Powered Leaf Blowers And Prohibit The Use Of Neonicotinoids For A Total Increased Amount Of $68,231.50, And A Total Not To Exceed Contract Amount Of $518,189.40. (Pedro Jimenez / Mohamed Alaoui / Daniel Gonzales) Staff Report
Attachment A- Base Contract
Attachment B - 1st Amendment
Draft Resolution
Maintenance Services Contract 2nd Amendment
Exhibit A-2
APPROVED Resolution No. 23-148
Attachments:
10.10. ID-2023-426 Resolution Of The City Council Of The City Of Emeryville Accepting The Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005), As Complete; Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk; And Appropriating All Remaining CIP No. 17240005 Project Balances Up To $4,492,400 Into CIP No. SUT-01. (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
APPROVED Resolution No. 23-149
Attachments:
10.11. ID-2023-437 Resolution Of The City Council Of The City Of Emeryville Approving The Emeryville Transportation Management Association (ETMA) 2024 Budget And Setting Compensation To The ETMA To Operate The Emery Go-Round Shuttle Service During The 2024 Calendar Year Under The Terms Of The Service Agreement For An Amount Not To Exceed Four Million, Five Hundred And Five Thousand, And Two Dollars ($4,505,002); And Authorizing An Additional Six Hundred And Nine Thousand, Two Hundred Seventy-Three Dollars ($609,273) From The Emeryville Property Based Business
Improvement District (PBID) Fund 805 To Cover Additional General Benefit Contribution. (Lawrence Chiu)
City of Emeryville Page 5 of 8 Printed on 11/13/2023
City Council AGENDA November 7, 2023
Staff Report
Draft Resolution
Exhibit A - ETMA 2024 Budget
APPROVED Resolution No. 23-150
Attachments:
11. PUBLIC HEARINGS
11.1. ID-2023-419 Request To Modify The Conditions Of Approval For A Four Unit Replacement, 1271 64th Street (UPDR21-005). (Chadrick Smalley / Miroo Desai / Navarre Oaks)
Staff Report
Attachment 1 - Building Permit
Attachment 2 - Text Message
Attachment 3 - Architect Email
Attachment 4 - Correction Notice
Attachment 5 - Tenant Agreement
Attachment 6 - Conditions of Approval
Attachment 7 - Master Fee Schedule
Attachment 8 - Resolution 21-140.pdf
Attachments:
11.2. ID-2023-428 Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For Paving Work On Shellmound Street, 65th Street, 66th Street, And 67th Street For Dates To Be Determined Between November 8, 2023 And March 31, 2024 To The City Of Emeryville And Bay Cities Paving & Grading Inc. For Work Related To Street 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)). (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
APPROVED Resolution No. 23-151
Attachments:
12. ACTION ITEMS
12.1. ID-2023-444 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 6 of 8 Printed on 11/13/2023
City Council AGENDA November 7, 2023
13. DEPARTMENT HEAD REPORTS
13.1. ID-2023-422 Community Development Director's Report on Planning Commission Actions at the October 26, 2023 meeting:
(a) Promenade Center Retail/Mixed Use Project (PUD99-1A) - Consideration of an amendment to the Conditions of Approval for the Promenade Center Retail/Mixed Use Project Preliminary
Development Plan (PUD/PDP) to add “Commercial Recreation - Indoor Sports and Recreation” as a permitted use and to remove language restricting the operation of permitted uses to 6:00 a.m. to 10:00 p.m.*
(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 21, 2023.
The packet for the October 26, 2023 Planning Commission meeting 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=5497
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE ON TUESDAY, NOVEMBER 21, 2023, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, 1333 PARK AVENUE, EMERYVILLE, CA 94608, AND VIA TELECONFERENCE.
City of Emeryville Page 7 of 8 Printed on 11/13/2023
City Council AGENDA November 7, 2023
LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
ID-2023-404 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 21, 2023
- Study Session: Tree Study
- Objective Development Standards
- AC Transit Realign
- Legislative Update
December 5, 2023
- City Council Reorganization
- 6701 Shellmound Street Noise Ordinance Waiver
- Multi-Family Bulky Pickup
- Gas Powered Blower Ban
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 11/13/2023