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, April 16, 2024 7:16 PM Council Chambers
This meeting is being conducted in-person at
1333 Park Avenue, Emeryville, California
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
Public comment for Council agenda items can be submitted online via our written comment card at www.emeryville.org/citycouncil. 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.
The link below allows public viewing of the meeting (no public comment via Zoom):
Please click the link below to join the webinar:
https://emeryville-org.zoom.us/j/83492045311?pwd=sLzGaM8xrn4K5GBJ3ycTXwD3CHu8xg.V8_pyTpGDw4IJFtn Passcode: 607843
Telephone: 669-900-6833
Webinar ID: 834 9204 5311
Passcode: 607843
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 4/18/2024
City Council AGENDA April 16, 2024
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 4/18/2024
City Council AGENDA April 16, 2024
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-2024-132 Proclamation Of The City Council Of The City Of Emeryville Proclaiming April 19, 2024, As Education And Sharing Day. (Mayor Welch)
4.2. ID-2024-131 Proclamation Of The City Council Of The City Of Emeryville Proclaiming April 21-27, 2024, As National Crime Victims’ Rights Week. (Mayor Welch)
4.3. ID-2024-153 Proclamation Of The City Council Of The City Of Emeryville Proclaiming April 22, 2024 As Earth Day. (Mayor Welch)
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-2024-135 Warrants. (Lawrence Chiu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2024-146 Action Minutes Of The April 2, 2024, Special City Council Closed Session. (April Richardson / Lorrayne Leong)
Attachments: Action Minutes
10.3. ID-2024-148 Action MInutes Of The April 2, 2024, Special City Council Meeting. (April Richardson / Lorrayne Leong)
Attachments: Action Minutes
City of Emeryville Page 3 of 8 Printed on 4/18/2024
City Council AGENDA April 16, 2024
10.4. ID-2024-149 Action Minutes Of The April 2, 2024, Regular City Council Meeting. (April Richardson / Lorrayne Leong)
Attachments: Action Minutes
10.5. ID-2024-137 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept Funds From The Alameda County Transportation Commission’s 2024 CIP Call For Projects For The Emery Go-Round Operating Expenses (FY2024-FY2025), Doyle Bicycle Improvements - Phase 3, And 40th Street Multimodal Improvements; Appropriating $8,204,000 Into Fund 254 (Project No. 22242002), $172,000 Into Fund 254 (Project No. 22242002), $354,000 Into Fund 254 For New CIP Project Number (Doyle Bicycle Improvements - Phase 3), And $1,000,000 Into Fund 254 (Emery Go-Round Operating Expenses FY2024-FY2025). (Mohamed
Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
A23-0040 40th Street Improvements
A23-0041Doyle Street
A23-0042 Emery Go-Round
APPROVED Resolution No. 24-40
Attachments:
10.6. ID-2024-154 Resolution Of The City Council Of The City Of Emeryville Rescinding The Prior Second Amendment Dated July 1, 2023 For The ‘8 To Go’ Paratransit Shuttle Service Agreement With The Emeryville Transportation Management Association And Authorizing The City Manager To Execute A New Second Amendment, Retroactive To July 1, 2023, In The Amount Of $149,800 For FY23/24 For A Total Not To Exceed Amount Of $418,300 And Appropriate Said Funds When Received To Account 263-88400. (Rebecca Sermeno / Kim Burrowes)
Staff Report
Professional Services Contract
ETMA First Amendment
ETMA Second Amendment
Draft Resolution
ETMA Amended Second Amendment
APPROVED Resolution No. 24-41
Attachments:
11. PUBLIC HEARINGS
11.1. ID-2024-130 Resolution Of The City Council Of The City Of Emeryville Establishing Updated Development Impact Fees For Fiscal Year 2024-2025. (Chadrick Smalley / Miroo Desai)
City of Emeryville Page 4 of 8 Printed on 4/18/2024
City Council AGENDA April 16, 2024
Staff Report
Draft Resolution
Exhibit A to Resolution - Development Impact Fees 2024-2025 APPROVED Resolution No. 24-42
Attachments:
12. ACTION ITEMS
12.1. ID-2024-138 Resolution Of The City Council Of The City Of Emeryville Adopting The Community Promotion Grant Subcommittee Recommendations To Select Biketopia, Easy Does It Emergency Services, Emeryville Celebration Of The Arts, Emeryville Children And Nature, Fishnets And Films, Friends Of The Golden Gate Library, Head Over Heels Athletic Arts, Kala Art Institute, Nancy Karp & Dancers, Scientific Adventures For Girls, The Compound Gallery LLC, And The Emeryville Historical Society As Recipients For The Emeryville Community Promotions Grant Program. (Rebecca Sermeno)
Staff Report
Draft Resolution
CPG Grant Applicants Overview
APPROVED Resolution No. 24-43
Attachments:
12.2. ID-2024-134 Resolution Of The City Council Of The City Of Emeryville Adopting The Community Grant Subcommittee And Public Art Committee Recommendations To Select Artists Sean Griffin, Joey Rose, Rachel Wolfe Goldsmith, John Patrick Thomas, Salma Arastu, Chris Granillo, And Juan Lopez As The Recipients For The 2024-2026 Visual Arts Grant Program; Approving The Artworks Proposed By The Recipients; Authorizing The City Manager To Execute Grant Recipient Contracts With The Recipients Or Their Fiscal Agents, As Applicable, For The Installation Of The Proposed Artworks; And Appropriating An Additional $53,000 From The Public Art Fund (Fund 243) To The Operating Budget For Fiscal Year 2024-2025 For The Visual Arts Grant Program. (Chadrick Smalley / Amber Evans) City of Emeryville Page 5 of 8 Printed on 4/18/2024
City Council AGENDA April 16, 2024
Staff Report
Attachment 1 - Summary of Applications
Attachment 2 - Summary of Sites
Draft Resolution
Applicant Salma Arastu
Applicant Chris Granillo
Applicant Sean Griffin
Applicant Juan Lopez
Applicant Joey Rose
Applicant John Patrick Thomas
Applicant Rachel Wolfe-Goldsmith
APPROVED Resolution No. 24-44
Attachments:
12.3. ID-2024-112 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Repealing And Amending A Portion Of Section 10 Of Ordinance No. 22-013 Related To All-Electric Building Requirements For New Construction; CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15378 And 15061(b)(3). (John Kennedy / Christie Crowl / Mohamed Alaoui)
Staff Report
Draft Ordinance
Attachments:
12.4. ID-2024-139 Tobacco Retailer License And Smoking Pollution Control Ordinances: (John Kennedy / Chadrick Smalley)
Staff Report
March 19, 2024 Staff Report
Attachments:
12.4.1. ID-2024-140 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Adding Chapter 42, (“Tobacco Retailer License Requirements”), To Title 5 Of The Emeryville Municipal Code; And Authorizing The City Manager To Take Actions Related To Implementation And Enforcement: CEQA Determination: Exempt Pursuant To Guideline Sections 15378 And 15061(b)(3)
Attachments: Draft Ordinance - Tobacco Retailer License City of Emeryville Page 6 of 8 Printed on 4/18/2024
City Council AGENDA April 16, 2024
12.4.2. ID-2024-141 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Amending Sections 5-29.02 And 5-29.09 Of Chapter 29, (“Smoking Pollution Control”), Of Title 5 Of The Emeryville Municipal Code To Add And Revise The Definitions For Certain Terms And Repeal The Exception For Private Smokers’ Lounges; And Authorizing The City Manager To Take Actions Related To Implementation And Enforcement; CEQA Determination: Exempt Pursuant To Guideline Sections 15378 And 15061(b)(3)
Attachments: Draft Ordinance - Smoking Pollution Control
12.5. ID-2024-144 Resolution Of The City Council Of The City Of Emeryville Amending The Budget For Fiscal Year 2024. (Lawrence Chiu)
Staff Report
Draft Resolution
Exhibit A - Fiscal Year 2024 Mid-Year Budget Adjustments APPROVED Resolution No. 24-45
Attachments:
13. DEPARTMENT HEAD REPORTS
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE ON TUESDAY, MAY 7, 2024, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CA 94608.
LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
City of Emeryville Page 7 of 8 Printed on 4/18/2024
City Council AGENDA April 16, 2024
ID-2024-133 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.
May 7, 2024
- Legislative Update
- First Time Homebuyer Guideline Revisions
- Master Fee Update
- City Speed Limits Update
May 21, 2024
- Presentation: BART Safe & Clean Plan
- Alameda County Fire Department Contract
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 4/18/2024