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September 3, 2024 ·7:16 PM Final - Amended ·--AMENDED--

Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 56 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/82222336790?pwd=Ab8lL1-Ftosl7C40Om9MWHq-6AverA.8LiMuI92gMjm4Do2 Passcode: 361636 Telephone: 669-900-6833 Webinar ID: 822 2233 6790 Passcode: 361636
  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 0:17
  9. 3. APPROVAL OF FINAL AGENDA approve Pass ▶ jump to 0:23
  10. 4. SPECIAL ORDERS OF THE DAY ▶ jump to 36:43
  11. 4.1. Proclamation Of The City Council Of The City Of Emeryville Recognizing September 14, 2024, As National Food Is Medicine Day. (Mayor Courtney Welch) ID-2024-316 ▶ jump to 36:46
  12. 4.2. Proclamation Of The City Council Of The City Of Emeryville Honoring Paul Buddenhagen For His Service To The City As City Manager. (Mayor Courtney Welch) ID-2024-317 ▶ jump to 39:03
  13. 5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES ▶ jump to 1:04
  14. 6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING ATTENDANCE ▶ jump to 1:13
  15. 7. CITY MANAGER'S REPORT ▶ jump to 1:21
  16. 8. EX PARTE COMMUNICATIONS ▶ jump to 2:29
  17. 9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA ▶ jump to 2:36
  18. 10. CONSENT ITEMS Approved the Consent Agenda Pass ▶ jump to 2:50
  19. 10.1. Warrants. (Lawrence Chiu) ID-2024-330 accept Pass
  20. 10.2. Action Minutes Of The July 16, 2024, Special City Council / City As Successor Agency To The Emeryville Redevelopment Agency / Management Of Emeryville Services Authority Closed Session Meeting. (April Richardson) ID-2024-294 approve Pass
  21. 10.3. Action Minutes Of The July 16, 2024, City Of Emeryville Study Session Meeting. (April Richardson) ID-2024-295 approve Pass
  22. 10.4. Action Minutes Of The July 16, 2024, Regular City Council Meeting. (April Richardson) ID-2024-297 approve Pass
  23. 10.5. Resolution Of The City Council Of The City Of Emeryville Increasing The Purchasing Authority Of The City Manager From $45,000 To $75,000 For All Purchases, Including Professional Services, General Purchases Such As Supplies, Equipment And Leases, And “Public Projects” As Defined By The California Public Contract Code. (Paul Buddenhagen / Pedro Jimenez) ID-2024-315 approve Pass
  24. 10.6. Resolution Of The City Council Of The City Of Emeryville Amending Council Policy 003 For Reimbursement For Approved Travel And Other Expenses For City Council Members, Commissioners And Committee Members. (Paul Buddenhagen / Pedro Jimenez) ID-2024-318 approve Pass
  25. 10.7. Resolution Authorizing The Mayor To Issue An Administrative Subpoena To Grocery Outlet For Federal And State Tax Returns For 2021, 2022, and 2023. (John Kennedy) ID-2024-302
  26. 10.8. Resolution Of The City Council Of The City Of Emeryville Approving The 2024 Amendment Of The City Of Emeryville’s Conflict Of Interest Code. (April Richardson) ID-2024-299 approve Pass
  27. 10.9. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept And Appropriate A Grant Award On Behalf Of The Police Department, From The California Office Of Traffic Safety, Selective Traffic Enforcement Program (STEP) In The Amount Of $50,500 For Funds Related To Improving Traffic, Bicycle, And Pedestrian Safety Within The City. (Jeff Jennings / Oliver Collins) ID-2024-291 approve Pass
  28. 10.10. Resolution Of The City Council Of The City Of Emeryville Acting As The Disaster Council Of The City Of Emeryville Authorizing Volunteers To Attend CERT Academy Training In The Fall Of 2024 Under The City’s Disaster Service Worker Volunteer Program In Compliance With The California Emergency Services Act (ESA) And Disaster Service Worker Volunteer Program Regulations. (Jeff Jennings / Fred Dauer) ID-2024-292 approve Pass
  29. 10.11. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept A Mass Care And Casualty Trailer From The County Of Alameda. (Jeff Jennings / Fred Dauer) ID-2024-298 approve Pass
  30. 10.12. Resolution Of The City Council Of The City Of Emeryville Appointing Adam W. Politzer As Interim City Manager And Approving An Employment Agreement Between The City Of Emeryville And Adam W. Politzer As Interim City Manager And Authorizing The Mayor To Execute Said Agreement On Behalf Of The City. (Lilybell Nakamura) ID-2024-333 approve Pass
  31. 10.13. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into An Agreement By And Between The County Of Alameda And The City Of Emeryville For The Purpose Of Carrying Out The Community Development Block Grant Program For Fiscal Year 2024-25. (Chadrick Smalley / Valerie Bernardo) ID-2024-309 approve Pass
  32. 10.14. Resolution Of The City Council Of The City Of Emeryville Accepting The Quiet Zone Safety Engineering Measures Project, Project No. EPW-18103 (CIP No. 19475008) As Complete; Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk; And Appropriating $2,300,000 From Unallocated Fund 475 To CIP No. 19475008. (Mohamed Alaoui / Ryan O'Connell) ID-2024-306 approve Pass
  33. 10.15. Resolution Of The City Council Of The City Of Emeryville To Execute Side Letters Of Agreement With The Service Employees International Union Local (SEIU) 1021 And The Confidential, Administrative, Managerial And Professional (CAMP) Bargaining Groups And Authorize A One-Time Lump Sum Payment To Regular Full-Time MESA Employees. (Lilybell Nakamura) (In Conjunction With MESA Agenda Item 6.1) ID-2024-343 approve Pass
  34. 10.16. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A License Agreement With Bay Area Community Services, Inc For Use Of Real Property Located At 4300 San Pablo Avenue For Temporary Transitional Housing. (Chadrick Smalley / Charles Harris) ID-2024-310 approve Pass
  35. 11. PUBLIC HEARINGS ▶ jump to 3:24
  36. 11.1. Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To Resources For Community Development And J.H. Fitzmaurice, Inc. For Saturday Work From September 7, 2024 Through May 31, 2025 Between The Hours Of 9:00 A.M. And 5:00 P.M. For Work With Hand Tools And Mixers For Paint, Texture, And Stucco At 3600 San Pablo Avenue (APNs 49-950-6-1, -8-1, And -1) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)). (Chadrick Smalley / Miroo Desai / Alyssa Chung) ID-2024-311 approve Pass ▶ jump to 3:27
  37. 36 Introduction And First Reading 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 ID-2024-305 approve first reading Pass ▶ jump to 15:13
  38. 12. ACTION ITEMS ▶ jump to 11:26
  39. 12.1. California Public Employees’ Retirement System Contract Amendment: (John Kennedy) ID-2024-303 ▶ jump to 11:29
  40. 39 sub-items
  41. 12.1.1. Resolution Of Intention To Approve An Amendment To Contract Between The Board Of Administration Of The California Public Employees’ Retirement System And The City Council Of The City Of Emeryville ID-2024-304 approve Pass ▶ jump to 14:48
  42. 12.1.2. Introduction And First Reading 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 ID-2024-305 read by title only Pass ▶ jump to 15:13
  43. 42 /sub-items
  44. 12.2. Resolution Of The City Council Of The City Of Emeryville Authorizing The Acquisition Of 1245 Powell Street (APN 49-1314-001-01); Appropriating $1,706,000 From The Park Impact Fee Fund (Fund 237) To The Budget For Capital Improvement Project URG-01 For Fiscal Year 2024-2025 For The Acquisition Of 1245 Powell Street And Associated Closing Costs; And Authorizing The City Manager To Execute All Documents Required To Complete The City’s Acquisition Of 1245 Powell Street At A Purchase Price Not To Exceed $1,700,000. (Chadrick Smalley) ID-2024-307 approve Pass ▶ jump to 16:08
  45. 12.3. Resolution Of The City Council Of The City Of Emeryville Adopting The Annual Statement Of Investment Policy And Delegation Of Authority To The Finance Director/Treasurer. (Lawrence Chiu) ID-2024-322 approve Pass ▶ jump to 23:44
  46. 12.4. Resolution Of The City Council Of The City of Emeryville Establishing Fiscal Year 2025 Property Tax Levy Rate For The City’s General Obligation Bond Indebtedness (Measure C Affordable Housing Bond). (Lawrence Chiu / Chadrick Smalley) ID-2024-344 approve Pass ▶ jump to 24:52
  47. 12.5. Resolution Of The City Council Of The City Of Emeryville Adopting The Amended Expenditure And Reserve Policies For Measure F Funds. (Lawrence Chiu) ID-2024-329 approve Pass ▶ jump to 30:21
  48. 46 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
  49. 13. DEPARTMENT HEAD REPORTS ▶ jump to 34:09
  50. 13.1. Community Development Director's Report on Planning Commission Actions at the August 22, 2024 meeting: (a) Temporary Relocation - STAIR Navigation Center (UP24-003) - Consideration of a Conditional Use Permit application for the temporary relocation of a navigation center to the former City Recreation Center located at 4300 San Pablo Avenue. CEQA Status: This project is exempt from environmental review under California State CEQA Guidelines Section 15301, which applies to minor alteration of existing structures involving negligible or no expansion of use, and the “common sense exemption” at State CEQA Guidelines 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: Mixed Use with Residential, Major Transit Hub, and Neighborhood Retail Overlay; Zoning District: Mixed Use with Residential (MUR), Transit Hub Overlay (TH), Neighborhood Retail Overlay (RR) and Pedestrian Priority Zone (PP). (Applicant: Bay Area Community Services - Renee Tripp) (Owner: City of Emeryville) (APNs: 49-107914-1 and -17-1) (b) Update to Accessory Dwelling Units Ordinance (ORD24-003) - Consideration of a modification to the Commission’s previous recommendation to the City Council on amendments to Article 14 of the Planning Regulations (Title 9 of the Emeryville Municipal Code) to make State-mandated changes related to Accessory Dwelling Units and Junior Accessory Dwelling Units. The proposed amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) under Public Resources Code §21080.17, which provides that CEQA does not apply to the adoption of an ordinance to implement the provisions of Government Code §65852.2 pertaining to Accessory Dwelling Units.* (c) Powell Street Plaza Master Sign Program (SIGN24-002) - Study Session for a Major Sign Permit for the Powell Street Plaza Master Sign Program, the site for which is located approximately between Powell Street to the north; Christie Avenue and Shellmound Street to the east; Sonesta hotel to the south; and Interstate 80 to the west. The Master Sign Program would establish standards for a mix of existing and future site and tenant signage including monument, wall, and freeway-facing signs. CEQA Status: This project is exempt from environmental review under State CEQA Guidelines Section 15311(a), which applies to placement of on-premises signs; and the “common sense exemption” at State CEQA Guidelines 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: Mixed Use with Residential and Regional Retail Overlay. Zoning District: Mixed Use with Residential (MUR), Regional Retail Overlay (RR) Transit Hub Overlay (TH), and Pedestrian Priority Overlay (PP). (Applicant/Owner: Bryanna Fox, Regency Centers) (APNs: 49-1515-1-4 to -6; 49-7-7; 49-1515-8-1; 49-1515-9; 49-1515-10-6, -7, and -11; -11; and 49-1515-11-7, -11 to -14; and 49-1515- 12-2 to -5) *This item is tentatively scheduled for City Council review on September 17, 2024. ID-2024-308 ▶ jump to 34:11
  51. 14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS ▶ jump to 35:46
  52. 15. ADJOURNMENT ▶ jump to 53:06
  53. 51 THE NEXT REGULAR MEETING WILL BE ON TUESDAY, SEPTEMBER 17, 2024, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CA 94608.
  54. 52 page break
  55. 53 LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
  56. 54 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. September 9, 2024 - Special Meeting - Study Session - Decriminalization Ordinance: Group III Amendments September 17, 2024 - Study Session: Local Hazard Mitigation Plan - ADU Ordinance Amendments - Emeryvilla Ground Lease Amendment - Amtrak Station and Platform Parcel Disposition When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil. ID-2024-300