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 Courtney Welch
Vice Mayor David Mourra
Council Member John J. Bauters
Council Member Sukhdeep Kaur
Council Member Kalimah A. Priforce
Tuesday, December 19, 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/kw5CqbKuQ 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 9 Printed on 12/21/2023
City Council AGENDA December 19, 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 9 Printed on 12/21/2023
City Council AGENDA December 19, 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-2023-486 Warrants. (Lawrence Chiu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2023-499 Action Minutes Of The December 5, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
10.3. ID-2023-500 Action Minutes Of The December 5, 2023, City Of Emeryville Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
10.4. ID-2023-501 Action Minutes Of The November 21, 2023, City Of Emeryville Special City Council Meeting. (April Richardson)
Attachments: Action Minutes
City of Emeryville Page 3 of 9 Printed on 12/21/2023
City Council AGENDA December 19, 2023
10.5. ID-2023-472 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute (i) A Second Amendment To The Contract With Avenu Insights & Analytics To Add A Termination Date Of December 31, 2024 And Increase The Total Annual Fixed Fee By $28,000 For A Total Not To Exceed Amount Of $78,000 For Utility User Tax (UUT) Franchise Compliance Services; And (ii) A First Amendment To The Contract With Avenu Insights & Analytics To Add A Termination Date Of December 31, 2024 And Increase The Total Compensation Amount From The Current Rate Of $2.95 Per
Transaction To $3.10 Per Transaction With A Total Not To Exceed Amount Of $9,500 For UUT Administration Services. (Lawrence Chiu)
Staff Report
Muniservices UUT Compliance Contract 2001
Muniservices UUT Compliance First Amendment 2015
Muniservices UUT Administration Contract 2013
Draft Resolution
Exhibit A - UUT Compliance, Second Amendment
Exhibit B - UUT Administration, First Amendment
APPROVED Resolution No. 23-161
Attachments:
10.6. ID-2023-479 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Third Amendment To The Contract With MuniServices LLC To Add A Termination Date Of December 31, 2024, Increase The Annual Fixed Fee With A Total Not To Exceed Amount Of $2,625 For Sales And Use Tax Report Services, And Add A Total Not To Exceed Amount Of $20,000 For Sales And Use Tax Audit Services. (Lawrence Chiu)
Staff Report
Attachment 1 - MuniServices Sales & Use Tax Contract 1990 Attachment 2 - MRC First Amendment 1996
Attachment 3 - MuniServices Second Amendment 2020
Draft Resolution
Exhibit A - Sales & Use Tax Third Amendment
APPROVED Resolution No. 23-162
Attachments:
10.7. ID-2023-487 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 The Sustainable Streetscapes 2024 Project, Project No. EPW-23008 (CIP No. 24221005); CEQA Determination: Exempt Pursuant To CEQA
Guideline 15301(c). (Mohamed Alaoui / Ryan O'Connell)
City of Emeryville Page 4 of 9 Printed on 12/21/2023
City Council AGENDA December 19, 2023
Staff Report
Draft Resolution
Exhibit A - Project Overview Map
APPROVED Resolution No. 23-163
Attachments:
10.8. ID-2023-481 Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville Approving An Amendment To The Conditions Of Approval For The Promenade Center Retail/Mixed Use Project Preliminary Development Plan To Include “Commercial Recreation - Indoor Sports And Recreation” As A Permitted Use And To Remove Language Restricting The Hours Of Operation To 6:00 A.M. To 10:00 P.M. (CEQA Determination: Mitigated Negative Declaration For The Promenade Center Retail/Mixed Use Project Adopted By City Council On April 6, 1999). (Chadrick Smalley / Miroo Desai / Alyssa Chung)
Staff Report
Attachment 1 - Staff Report from November 21, 2023
Proposed Ordinance
Exhibit A to Proposed Ordinance - Conditions of Approval APPROVED Ordinance No. 23-004
Attachments:
10.9. ID-2023-482 Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville To Adopt Amendments To The Planning Regulations In Title 9 Of The Emeryville Municipal Code To Streamline The Development Review Process For Multifamily And Mixed-Use Residential Projects Requiring Ministerial Approval To Comply With State Law (CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15061(b)(3) And 15378(b)(5)).
(Chadrick Smalley / Miroo Desai / Navarre Oaks)
Staff Report
Attachment 1 - November 21st Staff Report
Proposed Ordinance
Exhibit A to Ordinance
APPROVED Ordinance No. 23-005
Attachments:
10.10. ID-2023-483 Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville Adding Article 6, Chapter 15, "Restrictions On Gas-Powered Leaf Blower Use” To The City Of Emeryville Municipal Code; And Authorizing The City Manager To Take Actions Related To Implementation And Enforcement; CEQA Determination:
Exempt Pursuant To Guidelines Sections 15378(a), 15308, And 15061(b)(3). (Mohamed Alaoui / Nancy Humphrey)
City of Emeryville Page 5 of 9 Printed on 12/21/2023
City Council AGENDA December 19, 2023
Staff Report
Draft Ordinance
APPROVED Ordinance No. 23-006
Attachments:
10.11. ID-2023-506 Resolution Of The City Council Of The City Of Emeryville Accepting The Annual Comprehensive Financial Report, Associated
Compliance Audit Report And Auditor Correspondence For The Fiscal Year Ended June 30, 2023. (Lawrence Chiu)
Staff Report
Draft Resolution
Attachment 1 - Fiscal Year 2023 Annual Comprehensive Financial Report
Attachment 2 - Child Development Center Compliance Audit Attachment 3 - Auditor's Communication Letter
Attachment 4 - Auditor's Memorandum of Internal Control Attachment 5 - Auditor's Report on Appropriations Limit Calculation APPROVED Resolution No. 23-164 (Large File)
Attachments:
10.12. ID-2023-495 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Agreement With MNS Engineers, Inc. In An Amount Not To Exceed $1,050,000 For On Call Construction Management, Engineering Design, And City Engineer Support Services Until June 30, 2027, Extend The Contract To No Later Than December 18, 2028, And Increase The Contract Amount By No More Than An Additional $950,000 By Additional Contract Amendments For A Total Not To Exceed Amount Of $2,000,000. (Mohamed Alaoui)
Staff Report
Draft Resolution
Professional Services Contract MNS
Exhibit A - Combined MNS
Exhibit B - Insurance Requirements
APPROVED Resolution No. 23-165
Attachments:
11. PUBLIC HEARINGS
12. ACTION ITEMS
12.1. ID-2023-491 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Approve The Use Of An Automated License Plate Reader System Within The City. (Jeff Jennings / Robert Alton) City of Emeryville Page 6 of 9 Printed on 12/21/2023
City Council AGENDA December 19, 2023
Staff Report
Draft Resolution
ALPR Map (16 cameras)
ALPR Map (32 cameras)
ALPR Map (48 cameras)
APPROVED Resolution No. 23-166
Attachments:
12.2. ID-2023-484 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Professional Services Contract With ABG Art Group For Rotten City Emeryville Cultural Arts District Programs In An Amount Not To Exceed $615,000, To Be Funded By California Arts Council Cultural District Program Funding. (Chadrick Smalley / Amber Evans)
Staff Report
Draft Resolution
Exhibit A to Resolution - Professional Services Contract APPROVED Resolution No. 23-167
Attachments:
12.3. ID-2023-480 Resolution Of The City Council Of The City Of Emeryville Approving Parking Removal And An Extension Of The Red Zone On The East Side Of Shellmound Street Between 65th Street And 64th Street For The Purpose Of Installing Class IV Bike Lanes (CEQA
Determination: Exempt Pursuant To State CEQA Guidelines Section 15301(c)). (Mohamed Alaoui / Josie Ahrens)
Staff Report
Attachment A - Project Outreach Poster
Attachment B - Public Comments Received as of 12/4/2023 Draft Resolution
APPROVED Resolution No. 23-168
Attachments:
12.4. ID-2023-493 Resolution Of The City Council Of The City Of Emeryville Appointing Standby Officers For City Council Member Succession In The Event Of A Declared Emergency For Calendar Year 2024. (April
Richardson / Lorrayne Leong)
Staff Report
Attachment A - 2023 Standby Officers Roster
Attachment B - Government Code Sections 8635-8644
Draft Resolution
Exhibit A - 2024 Standby Officers Roster
APPROVED Resolution No. 23-169
Attachments:
City of Emeryville Page 7 of 9 Printed on 12/21/2023
City Council AGENDA December 19, 2023
12.5. ID-2023-507 Resolution Of The City Council Of The City Of Emeryville Adopting The City Council Regular Meeting Calendar For February 2024 Through January 2025. (April Richardson / Lorrayne Leong) (In Conjunction With Successor Agency Item 7.1)
Staff Report
Attachment A - 2024 Observed Holidays
Draft Resolution (City Council)
Exhibit A - 2024 City Council Proposed Calendar
APPROVED Resolution No. 23-170
Attachments:
13. DEPARTMENT HEAD REPORTS
13.1. ID-2023-494 Community Development Director's Report on Planning Commission Actions at the December 14, 2023 meeting:
(a) BRE-BMR Covenant of Easement - Consideration of findings required by Government Code Section 65402 and a
recommendation to the City Council to authorize the City Manager to release and accept storm drain, sewer, emergency vehicle access, and public access easements with BRE-BMR Emeryville Center of Innovation Holdco GP LLC and Grifols Diagnostic Solutions in relation to public improvements on Horton and 53rd Streets and Stanford Avenue.*
(b) Christie Avenue Affordable Housing Project (ZC23-008) - A second study session to review a City sponsored 100%
affordable housing project that will accommodate 362 rental units in three separate buildings on 2.2 acre site located at 5890-6150 Christie Avenue. Each 95-foot-tall building will include parking provided in lifts and a variety of amenity spaces. The project will also include a 6,000 square feet expansion of Christie Park with an active multi-use court. The applicant proposes that the project be processed under SB 35, which mandates ministerial approval (i.e., staff level), and AB 1763, which specifies no density limit for projects within one-half mile of transit.
* This item is scheduled for City Council action on January 16, 2023.
The packet for the December 14, 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=5573
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
City of Emeryville Page 8 of 9 Printed on 12/21/2023
City Council AGENDA December 19, 2023
15. ADJOURNMENT
THE NEXT MEETING WILL BE ON TUESDAY, JANUARY 16, 2024, AT THE EMERYVILLE CENTER OF COMMUNITY LIFE, BUILDING A COMMUNITY CENTER, LOCATED AT 4731 SAN PABLO AVENUE, EMERYVILLE, CA 94608, AND VIA TELECONFERENCE.
LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
ID-2023-502 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.
January 16, 2024
- Study Session: Planning Regulation Amendments Related to Auto-Centric Uses
- Adeline Sites RFP
- Christie Sites LDDA Ordinance
When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil.
City of Emeryville Page 9 of 9 Printed on 12/21/2023