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October 15, 2024 ·7:16 PM Final - Amended ·--AMENDED--

Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 44 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/84868392146?pwd=HPE0ikEfzEot6uhRxB91tW4pGPoXfA.ePUy_SekYqPvsrgi Passcode: 048213 Telephone: 669-900-6833 Webinar ID: 848 6839 2146 Passcode: 048213
  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 PLEASE NOTE: Council Member Bauters will participate in the meeting remotely from the site listed below. The meeting agenda will be posted at the remote site, and the site is accessible to the public. Anyone wishing to address the City Council from the remote site will be provided with an opportunity to do so. LOCATION: Fairfield Inn & Suites (501 W. Washington Street. Indianapolis, Indiana 46204)
  6. 6 page break
  7. 7 The AGENDA for this regular meeting is as follows:
  8. 1. CALL TO ORDER ▶ jump to 0:01
  9. 2. ROLL CALL ▶ jump to 0:22
  10. 3. APPROVAL OF FINAL AGENDA approve Pass ▶ jump to 0:38
  11. 4. SPECIAL ORDERS OF THE DAY ▶ jump to 1:01
  12. 5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES ▶ jump to 1:03
  13. 6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING ATTENDANCE ▶ jump to 1:11
  14. 7. CITY MANAGER'S REPORT ▶ jump to 1:24
  15. 8. EX PARTE COMMUNICATIONS ▶ jump to 1:55
  16. 9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA ▶ jump to 2:34
  17. 10. CONSENT ITEMS approve Pass ▶ jump to 2:56
  18. 10.1. Warrants. (Lawrence Chiu) ID-2024-392 accept Pass
  19. 10.2. Action Minutes Of The September 26, 2024, Special City Council / Management of Emeryville Services Authority Closed Session Meeting. (April Richardson / Lorrayne Leong) ID-2024-391 approve Pass
  20. 10.3. Action Minutes Of The October 1, 2024, Special City Council Closed Session Meeting. (April Richardson) ID-2024-386 approve Pass
  21. 10.4. Action Minutes Of The October 1, 2024, Regular City Council Meeting. (April Richardson) ID-2024-388 approve Pass
  22. 10.5. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute Contract With The California Department Of Education For The Purpose Of Providing Child Care And Development Services And To Authorize The City Manager To Sign Contract Documents For Fiscal Year 2025-26, The Continuing Funding Application, And All Related Contract Documents And Any Future Amendments And Appropriate Said Funds When Received To Accounts 230-53600 And 230-52300. (Rebecca Sermeno) ID-2024-395 approve Pass
  23. 10.6. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The Option To Extend The Professional Services Contract With IPS Group, Inc. For Fiscal Years 2025-2029 For A Total Amount Not To Exceed $780,309 For Continued Management Of Paid Parking In The North Hollis And Triangle Commercial Areas. (Chadrick Smalley / Amber Evans) ID-2024-390 approve Pass
  24. 10.7. Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville Amending Article 14 Of Chapter 5 Of Title 9 (Planning Regulations) Regarding Accessory Dwelling Units And Junior Accessory Dwelling Units (CEQA Status: Exempt Pursuant To Public Resources Code Section 21080.17, Which Provides That CEQA Does Not Apply To The Adoption Of An Ordinance To Implement The Provisions Of Article 2 [Commencing with Section 66314] Of Chapter 13 Of Division 1 Of Title 7 Of The California Government Code Section Pertaining To Accessory Dwelling Units). (Chadrick Smalley / Miroo Desai / Alyssa Chung) ID-2024-383 approve Pass
  25. 10.8. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The First Amendment To The Regulatory Agreement Between The City Of Emeryville And Avalon Senior Housing, L.P, For Avalon Senior Apartments At 3850 San Pablo Avenue To Increase The Average Income Limits From 37% Of Area Median Income To 40% Of Area Median Income. (Chadrick Smalley / Valerie Bernardo) ID-2024-397 approve Pass
  26. 10.9. Resolution Of The City Council Of The City Of Emeryville Approving The Plans And Specifications Of The Doyle Street Bicycle Improvements - Phase 3 Project, Authorizing The City Manager To Increase The Contract Amount And Approve A Change Order To Bay Cities Construction Up To An Amount Not To Exceed $400,000 To Construct Said Project, Appropriating $119,000 From Unallocated Fund 475 And $354,000 From Fund 254-ACTC PFA Grant Fund To The Project Budget, And Finding This Project To Be Exempt From Environmental Review Under State CEQA Guidelines Sections 15301(c) And 15061(b)(3). (Mohamed Alaoui / Michael Roberts) ID-2024-352 approve Pass
  27. 10.10. Authorization To Apply For Alameda County Transportation Commission Grants: (Mohamed Alaoui / Phillip Toste) ID-2024-410
  28. 28 sub-items
  29. 10.10.1. Resolution Of The City Council Of The City Of Emeryville Authorizing The Filing Of An Application For Alameda County Transportation Commission Administered Funding For The 40th Street Multimodal Improvements Project Part II And Committing Any Necessary Matching Funds And Stating Assurances To Complete The Project. ID-2024-417 approve Pass
  30. 10.10.2. Resolution Of The City Council Of The City Of Emeryville Authorizing The Filing Of An Application For Alameda County Transportation Commission Administered Funding For Emery Go-Round Operating Expenses And Committing Any Necessary Matching Funds And Stating Assurances To Complete The Project. ID-2024-418 approve Pass
  31. 30 Introduction And First Reading 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, Identified As “Group III Amendments;” Repealing Chapter 2 (“Advertising”) And Chapter 8 (“Gas, Water And Electric Meters”) Of Title 5 (“Public Welfare”) In Their Entirety; CEQA Determination: Not A Project And Exempt Pursuant To CEQA Guidelines Sections 15378(b)(5) And 15061 (b)(3). (John Kennedy / Christie Crowl) ID-2024-385 approve first reading Pass ▶ jump to 14:56
  32. 31 /sub-items
  33. 11. PUBLIC HEARINGS ▶ jump to 3:23
  34. 11.1. Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To UPSIDE Foods For Work On 14 Specified Weekends Starting November 2, 2024 And Concluding February 23, 2024 Between The Hours Of 8:00 A.M. And 7:00 P.M And On December 21 and 22, 2024 Between The Hours Of 8:00 A.M. And 8:00 P.M For The Installation Of Large Specialized Equipment That Requires Crane Work, Concrete Pouring, Equipment Rigging, Welding, Forklift Operation And The Use Of Hand Tools At 6201 Shellmound Street (APN: 49-1556-7) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)). (Chadrick Smalley / Miroo Desai / Navarre Oaks) ID-2024-384 approve Pass ▶ jump to 3:26
  35. 12. ACTION ITEMS ▶ jump to 4:49
  36. 34 I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Emeryville City Council. /s/ April Richardson, CMC City Clerk
  37. 12.1. Resolution Of The City Council Of The City Of Emeryville Approving The Purchase Of An Artwork For The City’s Annual Purchase Award Program Entitled “Lanzón de Chavin Totem” By Roberto Gastelumendi With Funding Of Up To $37,850 From The Public Art Fund (Fund 243) For The Purchase And Installation Of The Artwork; Acknowledging William Schwob’s “Past Future Figure” and Jeannie O’Connor’s “Curved Wall” As The Honorable Mentions; And Appropriating $12,850 From Fund 243 To The Fiscal Year 2024-2025 Operating Budget For The Purchase. (Chadrick Smalley / Amber Evans) ID-2024-402 approve Pass ▶ jump to 4:53
  38. 12.2. Introduction And First Reading 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, Identified As “Group III Amendments;” Repealing Chapter 2 (“Advertising”) And Chapter 8 (“Gas, Water And Electric Meters”) Of Title 5 (“Public Welfare”) In Their Entirety; CEQA Determination: Not A Project And Exempt Pursuant To CEQA Guidelines Sections 15378(b)(5) And 15061 (b)(3). (John Kennedy / Christie Crowl) ID-2024-385 read by title only Pass ▶ jump to 14:56
  39. 13. DEPARTMENT HEAD REPORTS ▶ jump to 24:35
  40. 14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS ▶ jump to 24:44
  41. 15. ADJOURNMENT ▶ jump to 24:57
  42. 40 THE NEXT REGULAR MEETING WILL BE ON TUESDAY, OCTOBER 29, 2024, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CA 94608.
  43. 41 LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
  44. 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. October 29, 2024 - Study Session - Little Libraries - 40th Streetscape Public Art Contract - HDS Grant Acceptance November 5, 2024 - Cancelled November 19, 2024 - Study Session: Art Center Update - Affordable Housing Annual Report When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil. ID-2024-389