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City Council

December 10, 2024 ·7:00 PM Final - Amended ·--AMENDED-- Special Meeting

Council Chambers

Agenda — 43 items

  1. 1 This meeting is being conducted in-person at 1333 Park Avenue, Emeryville, California
  2. 2 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 city_council@emeryville.org or to the City Clerk at city_clerk@emeryville.org. If you would like to support, oppose, or otherwise comment on an upcoming agenda item, please send in your comments prior to the meeting.
  3. 3 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/82825599633?pwd=SXHZ0VOwMRJgXKRz-Sc8FGvZZ6_zRg.hPci5-c9kT-44eIQ Passcode: 608868 Telephone: 669-900-6833 Webinar ID: 828 2559 9633 Passcode: 608868
  4. 4 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 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.
  5. 5 page break
  6. 6 The AGENDA for this special meeting is as follows:
  7. 1. CALL TO ORDER ▶ jump to 0:03
  8. 2. ROLL CALL ▶ jump to 0:56
  9. 3. APPROVAL OF FINAL AGENDA approve Pass ▶ jump to 1:06
  10. 4. SPECIAL ORDERS OF THE DAY ▶ jump to 1:26
  11. 5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES ▶ jump to 1:27
  12. 6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING ATTENDANCE ▶ jump to 1:35
  13. 7. CITY MANAGER'S REPORT ▶ jump to 1:49
  14. 8. EX PARTE COMMUNICATIONS ▶ jump to 1:57
  15. 9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA ▶ jump to 2:09
  16. 10. CONSENT ITEMS Approved the Consent Agenda Pass ▶ jump to 14:01
  17. 10.1. Warrants. (Lilybell Nakamura) ID-2024-454 accept Pass
  18. 10.2. Action Minutes Of The November 19, 2024, City Of Emeryville Special Study Session Meeting. (April Richardson) ID-2024-463 approve Pass
  19. 10.3. Action Minutes Of The November 19, 2024, Regular City Council Meeting. (April Richardson) ID-2024-465 approve Pass
  20. 10.4. Resolution Of The City Council Of The City Of Emeryville Extending Current Terms Of Council Members On Council Committees And County, Regional, And Statewide Bodies To January 21, 2025, Moving New Appointments To The January 21, 2025, Regular City Council Meeting, And Waiving The City Council Rules of Procedure For Local Boards, Commissions, And Committees To Allow This Change. (April Richardson) ID-2024-453 approve Pass
  21. 10.5. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Retroactively Accept And Expend A Grant Award On Behalf Of The Police Department From The State Of California’s Alcoholic 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 / Fred Dauer) ID-2024-448 approve Pass
  22. 10.6. Resolution Of The City Council Of The City Of Emeryville Approving The Annual Development Impact Fee Report For Fiscal Year 2023-2024. (Chadrick Smalley / Miroo Desai) ID-2024-460 approve Pass ▶ jump to 16:11
  23. 10.7. Action Minutes Of The December 3, 2024, Special City Council Meeting. (April Richardson) ID-2024-462 approve Pass
  24. 10.8. Resolution Of The City Council Of The City Of Emeryville Accepting The Annual Comprehensive Financial Report And Associated Compliance Audit Reports And Auditor Correspondence For The Fiscal Year Ended June 30, 2024. (Lilybell Nakamura / Brian Moura) ID-2024-480 approve Pass
  25. 10.9. Resolution Of The City Council Of The City Of Emeryville Authorizing An Amendment To The Classification And Compensation Plan To Add A Retired Annuitant Classification With An Hourly Salary Range of $19.36 - $175.27 And Approving An Amendment To The City’s Compensation Plan In Conformance With California Code of Regulations Title 2, Section 570.5. (Lilybell Nakamura / Qiana James) ID-2024-478 approve Pass
  26. 10.10. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute Emeryville Accessible Living Loan Agreements With Various Borrowers Seeking Accessibility Improvements To Their Respective Properties. (Chadrick Smalley / Valerie Bernardo) ID-2024-477 approve Pass
  27. 10.11. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The First Amendment Of Temporary Emergency Shelter License With Insight Housing For The Use Of Real Property Located At 4300 San Pablo Avenue Extending The License Term To June 1, 2025. (Chadrick Smalley / Charles Harris) ID-2024-461 approve Pass
  28. 10.12. Resolution Of The City Council Of The City Of Emeryville Authorizing The Mayor To Sign A Letter Of Commitment For The San Francisco Estuary Partnership’s Senate Bill 1 Grant Application For The East Bay Crescent Community Engagement and Climate Adaptation Project. (Chadrick Smalley / Amber Evans) ID-2024-468 approve Pass
  29. 10.13. Civic Center HVAC and BMS System Replacement: (Mohamed Alaoui / Ali Ahmadzadeh) ID-2024-474
  30. 30 sub-items
  31. 10.13.1. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Contract With Legacy Mechanical & Energy Services, Inc. In An Amount Of $531,032.00 For Replacement Of The Existing HVAC System (AC Unit And Boiler System) In The Civic Center In The City Of Emeryville Project No.15650018 And Authorized The City Manager To Increase The Contract By $100,000.00 For A Total Amount Not Exceed $631,032.00. CEQA Determination: Exempt Under Section 15061(b)(3) ID-2024-475 approve Pass
  32. 10.13.2. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Contract With SYSERCO, Inc. In An Amount Of $285,000.00 For Replacement Of The Existing BMS System (DELTA And BMS Upgrade / Replacement) And Plumbing Repairs In The Civic Center In The City Of Emeryville Project No.15650018 And Authorized The City Manager To Increase The Contract By $40,000.00 For A Total Amount Not Exceed $325,000.00. CEQA Determination: Exempt Under Section 15061(b)(3) ID-2024-476 approve Pass
  33. 33 /sub-items
  34. 11. PUBLIC HEARINGS ▶ jump to 23:00
  35. 34 I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a meeting of the Emeryville City Council. /s/ April Richardson, CMC City Clerk
  36. 11.1. Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For Sewer Rehabilitation Work On The Sanitary Sewer Interceptor Line Owned By East Bay Municipal Utility District For A Period Of Eight Weeks On Dates To Be Determined, To East Bay Municipal Utility District And Its Contractor. (Mohamed Alaoui / Nik Ignacio) ID-2024-452 approve Pass ▶ jump to 23:02
  37. 12. ACTION ITEMS ▶ jump to 26:09
  38. 13. DEPARTMENT HEAD REPORTS ▶ jump to 26:10
  39. 14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS ▶ jump to 26:15
  40. 15. ADJOURNMENT ▶ jump to 26:23
  41. 40 THE NEXT REGULAR MEETING WILL BE ON TUESDAY, JANUARY 21, 2025, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CA 94608.
  42. 41 LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
  43. 42 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 21, 2025 - Study Session - Little Libraries - Successor Agency: 2025-26 ROPS - Affordable Housing Annual Report (Measure C & AHP) When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil. ID-2024-473