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October 1, 2024 ·7:16 PM Final

Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 39 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/81318388052?pwd=N5LXm-rJ3zT0FnkUrkabLfHMAm1EZw.bCr1gkUaQXXmEHeY Passcode: 600029 Telephone: 669-900-6833 Webinar ID: 813 1838 8052 Passcode: 600029
  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 regular meeting is as follows:
  7. 1. CALL TO ORDER
  8. 2. ROLL CALL ▶ jump to 0:13
  9. 3. APPROVAL OF FINAL AGENDA approve Pass ▶ jump to 0:19
  10. 4. SPECIAL ORDERS OF THE DAY ▶ jump to 0:37
  11. 5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES ▶ jump to 0:39
  12. 6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING ATTENDANCE ▶ jump to 0:45
  13. 7. CITY MANAGER'S REPORT ▶ jump to 0:53
  14. 8. EX PARTE COMMUNICATIONS ▶ jump to 1:01
  15. 9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA ▶ jump to 1:09
  16. 10. CONSENT ITEMS Approved the Consent Agenda Pass ▶ jump to 1:23
  17. 10.1. Warrants. (Lawrence Chiu) ID-2024-366 accept Pass
  18. 10.2. Action Minutes Of The September 9, 2024, City Of Emeryville Special Study Session Meeting. (April Richardson) ID-2024-364 approve Pass
  19. 10.3. Action Minutes Of The September 17, 2024, Special City Council Closed Session Meeting. (April Richardson) ID-2024-371 approve Pass
  20. 10.4. Action Minutes Of The September 17, 2024, City Of Emeryville Special Study Session Meeting. (April Richardson) ID-2024-372 approve Pass
  21. 10.5. Action Minutes Of The September 17, 2024, Regular City Council Meeting. (April Richardson) ID-2024-373 approve Pass
  22. 10.6. Resolution Of The City Council Of The City Of Emeryville Amending The City Council Regular Meeting Calendar For October 2024 Through January 2025. (April Richardson) (Inc Conjunction With Successor Agency Agenda Item 6.4) ID-2024-376 approve Pass
  23. 10.7. Resolution Of The City Council Of The City Of Emeryville Providing An Excused Absence To Public Art Committee Member Laura Rifkin On October 3, 2024, For Religious Reasons. (April Richardson) ID-2024-379 approve Pass
  24. 10.8. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Purchase Two 2024 Westward Industries GO-4 Gas Model, Parking Utility Vehicle, In The Amount Not To Exceed $101,744.78 From Turf Star Western. (Jeff Jennings / Andrew Cassianos) ID-2024-312 approve Pass
  25. 10.9. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept A Grant Award Retroactively On Behalf Of The Police Department From The FY2019 Byrne Justice Assistance Grant (JAG) In The Amount Of $9,190.80 For Funds Related To Police Portable Radios. (Jeff Jennings / Oliver Collins) ID-2024-375 approve Pass
  26. 10.10. Resolution Of The City Council Of The City Of Emeryville Accepting A Donation In The Amount Of $10,000 From Stanford Health Care And A Donation In The Amount Of $2,500 From Ava Community Energy To The Community Services Department To Support Annual Community Events. (Rebecca Sermeno) ID-2024-378 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 The Professional Services Contract With West Coast Code Consultants For Building Division And Fire Prevention Plan Review Increasing The Contract Amount By $776,527.63 To An As Amended Total Amount Not To Exceed $3,694,525.63 For Expanded Fire Plan Check Services, And Amending The Fiscal Year 2023-2024 Operating Budget To Increase Fire Plan Check Fee Revenue By $1,080,376.14 And Professional Services - Fire Plan Check Fees Expenditures By $776,527.63. (Chadrick Smalley / Victor Gonzales) ID-2024-368 approve Pass
  28. 10.12. Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville Authorizing An Amendment To The Contract Between The City Of Emeryville And The Board Of Administration Of The California Public Employees’ Retirement System (PERS) To Provide For The Merger Of The Management Of Emeryville Services Authority’s (MESA) PERS Contract Into The City Of Emeryville’s PERS Contract. (John Kennedy) ID-2024-363 approve Pass
  29. 11. PUBLIC HEARINGS ▶ jump to 1:47
  30. 29 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
  31. 12. ACTION ITEMS ▶ jump to 1:47
  32. 13. DEPARTMENT HEAD REPORTS ▶ jump to 1:50
  33. 13.1. Community Development Director's Report on Planning Commission Actions at the September 26, 2024 meeting: (a) Tesla Collision Center (UP24-002) - Consideration of a Major Conditional Use Permit to allow an electric vehicle collision center (“Motor Vehicle Sales and Services - Repair and Service”) in an existing building at 1295 67th Street. The 47,383 square-foot facility will repair collision damage to Tesla electric vehicles with ancillary storage and office uses. This project is exempt from environmental review under State CEQA Guidelines Section 15332, which applies to infill development projects, and the “common sense exemption” at Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposal may have a significant effect on the environment. General Plan Land Use Classification: Industrial; Zoning District: Light Industrial (INL). (Applicant: WT Group/Leslie Freeman)(Owner: HCP Emeryville Partners II, LLC c/o Hackman Capital Partners, LLC/Hong Ho) (APN 04-1508-010-02) (b) Local Hazard Mitigation Plan (GPA24-001) - A study session to solicit comments on the update of the Local Hazard Mitigation Plan (LHMP) that was adopted in 2019 and incorporated as an appendix to the Safety Element of the General Plan. The Disaster Mitigation Act of 2000 is a federal law that requires communities to adopt and update the LHMP every five years.* *This item is was the topic of a City Council Study Session on September 17, 2024 ID-2024-369 ▶ jump to 1:52
  34. 14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS ▶ jump to 3:03
  35. 15. ADJOURNMENT ▶ jump to 4:50
  36. 35 THE NEXT REGULAR MEETING WILL BE ON TUESDAY, OCTOBER 15, 2024, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CA 94608.
  37. 36 page break
  38. 37 LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
  39. 38 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 15, 2024 - Annual Purchase Award - Avalon Senior/EBALDC Regulatory Agreement and Loan Amendment - 1st Reading of Decriminalization Ordinance Group III Amendments - Doyle Street Phase 3 Greenway October 29, 2024 - Special Meeting - Study Session - Little Libraries - 40th Streetscape Public Art Contract - HDS Grant Acceptance November 5, 2024 - Cancelled When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil. ID-2024-374