City Council

Council Chambers

Agenda — 46 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/89239533055?pwd=hmHxVK0RX07B2ejU6qWf0TXsCtFRAA._Kndexr6XRst8CPt Passcode: 405740 Telephone: 669-900-6833 Webinar ID: 892 3953 3055 Passcode: 405740
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 0:51
9. 3. APPROVAL OF FINAL AGENDA approve Pass ▶ jump to 1:03
10. 4. SPECIAL ORDERS OF THE DAY ▶ jump to 1:21
11. 4.1. Proclamation Of The City Council Of The City Of Emeryville Recognizing June 2024 As LGBTQI+ Pride Month In The City Of Emeryville. (Mayor Welch) ID-2024-224 ▶ jump to 1:23
12. 4.2. Proclamation Of The City Council Of The City Of Emeryville Recognizing June 12, 2024, As Women Veterans Recognition Day In The City Of Emeryville. (Mayor Welch) ID-2024-228 ▶ jump to 7:51
13. 5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES ▶ jump to 13:22
14. 6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING ATTENDANCE ▶ jump to 13:30
15. 7. CITY MANAGER'S REPORT ▶ jump to 13:42
16. 8. EX PARTE COMMUNICATIONS ▶ jump to 13:47
17. 9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA ▶ jump to 14:00
18. 10. CONSENT ITEMS Approved the Consent Agenda Pass ▶ jump to 32:52
19. 10.1. Warrants. (Lawrence Chiu) ID-2024-221 accept Pass
20. 10.2. Action Minutes Of The May 21, 2024, Special City Council Closed Session. (April Richardson) ID-2024-218 approve Pass
21. 10.3. Action Minutes Of The May 21, 2024, Regular City Council Meeting. (April Richardson) ID-2024-219 approve Pass
22. 10.4. Resolution of the City Council of the City of Emeryville Authorizing The City Manager To Execute A Five-Year Agreement With Axon Enterprises, Inc. For the Supply, Training, and Maintenance Of A Body Worn Camera System And Cloud Storage Solution, In An Amount Not To Exceed $236,810. (Jeff Jennings / Oliver Collins) ID-2024-195 approve Pass
23. 10.5. Resolution Of The City Council Of The City Of Emeryville Adopting An Appropriations Limit For Fiscal Year 2025 Of $159,680,499. (Lawrence Chiu) ID-2024-201 approve Pass
24. 10.6. Resolution Of The City Council Of The City Of Emeryville Approving The Public Art Committee Recommendation To Purchase Ned Kahn’s Art Work “The Edge Of The Veil” For Installation On The Exterior Entryway Of Fire Station 35 With Funding Of $27,000 For The Purchase And Installation Of The Art Work From The Public Art Fund (Fund 243). (Chadrick Smalley / Amber Evans) ID-2024-212 approve Pass
25. 10.7. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Agreement With West Coast Code Consultants Inc. (WC3) In An Amount Not To Exceed $400,000 For On Call Engineering And Environmental Programs Inspection And Plan Check Services Until June 30, 2025, And Authorize The City Manager To Extend The Contract To No Later Than June 30, 2029, And Increase The Contract Amount By No More Than An Additional $1,600,000 By Additional Contract Amendments For A Total Not To Exceed Amount Of $2,000,000. (Mohamed Alaoui / Michael Roberts) ID-2024-211 approve Pass
26. 10.8. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Three (3) Three Year Contract In The Amount Of $324,720.00 With Sweeping Corp Of America (SCA) For The Sweeping Of City Owned Streets, In The Amounts Of $108,240.00 For FY2024-25, $108,240.00 For FY 2025-26, And $108,240.00 For FY 2026-27 And Authorizing The City Manager To Execute Up To Two (2) Additional One Year Extensions In The Amount Of $113,652.00 For FY2027-28 And $119,334.00 For FY2028-29 Contingent Upon The City Council Appropriating Funds For The Applicable Fiscal Years For A Total Contract Amount Not To Exceed $557,706. (Mohamed Alaoui / Daniel Gonzales) ID-2024-159 approve Pass
27. 10.9. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Contract In The Amount Of $250,000.00 With MIG For Professional Design Consultant Services For The Powell Street Redesign Project As A Part Of ATP Studies Project SUT-02 (CIP Project #24475018); Appropriating $50,000 From Fund 475 In CIP No. 24475020 Into CIP No. 24475018. (Mohamed Alaoui / Josie Ahrens) ID-2024-184 approve Pass
28. 10.10. Resolution Of The City Council Of The City Of Emeryville Accepting The 40th Street Bridge Railing And Lumec Light Pole Painting Project, Project No. EPW-20103 (CIP No. 15475015 And 15475028) As Complete; Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk; And Appropriating And Transferring $90,000 From Fund 475 In CIP No. 24250019 Into Fund 475 For CIP No. 15475015; And Appropriating All Remaining CIP No. 15475015 and CIP No. 15475028 Project Balances Into CIP No. 24221005. (Mohamed Alaoui / Ryan O'Connell) ID-2024-203 approve Pass
29. 28 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Adding Two New Land Use Classifications To Section 9-2.339 (“Motor Vehicle Sales And Services”) In Article 3 Of Chapter 2 Of Title 9 Of The Emeryville Municipal Code; Adding A New Definition To Section 9-8.201 (“A” Terms) In Article 2 Of Chapter 8 Of Title 9; And Modifying Table 9-3.202 In Section 9-3.202 (Uses Permitted, Conditionally Permitted And Prohibited) In Article 2 Of Chapter 3 Of Title 9; Concerning Certain Auto-Related Uses And Indoor Public Storage Uses (CEQA Determination: Exempt Pursuant To Guidelines Section 15061(B)(3)). (Chadrick Smalley / Miroo Desai) ID-2024-210 approve first reading Pass ▶ jump to 33:13
30. 10.11. Resolution Of The City Council Of The City Of Emeryville Approving The Proposed SB 1 Project List And Appropriation For Fiscal Year 2024/2025. (Mohamed Alaoui / Ryan O'Connell) ID-2024-215 approve Pass
31. 10.12. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Purchase Four 2024 F150 Lightning EV Trucks And With Racks, Lights, And Directional Equipment To Be Used By The Emeryville Public Works Department For A Total Amount Not To Exceed $274,970.76 To Be Paid From The Vehicle Replacement Fund 660-9120. (Mohamed Alaoui / Daniel Gonzales) ID-2024-208 approve Pass
32. 10.13. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Three (3) Year Professional Services Contract In The Amount Of $360,000 With Iteris, Inc. For On-Call Traffic Engineering Consultant Services For Fiscal Years 2024/25, 2025/26, And 2026/27, And Authorizing The City Manager To Execute Up To Two (2) Additional One-Year Extensions Not To Exceed A Cost-Of-Living Adjustment No Greater Than The Consumer Price Index Each Year, Contingent Upon The City Council Appropriating Funds For The Applicable Fiscal Year, For A Total Contract Value Not To Exceed $600,000. (Mohamed Alaoui / Nik Ignacio) ID-2024-205 approve Pass
33. 31 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 For Code Violations, Identified As “Group II Amendments”; Repealing Chapter 11 Of Title 4 (“Electronic Personal Assistive Mobility Devices”) In Its 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-2024-227 approve first reading Pass ▶ jump to 46:06
34. 11. PUBLIC HEARINGS ▶ jump to 33:11
35. 11.1. Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Adding Two New Land Use Classifications To Section 9-2.339 (“Motor Vehicle Sales And Services”) In Article 3 Of Chapter 2 Of Title 9 Of The Emeryville Municipal Code; Adding A New Definition To Section 9-8.201 (“A” Terms) In Article 2 Of Chapter 8 Of Title 9; And Modifying Table 9-3.202 In Section 9-3.202 (Uses Permitted, Conditionally Permitted And Prohibited) In Article 2 Of Chapter 3 Of Title 9; Concerning Certain Auto-Related Uses And Indoor Public Storage Uses (CEQA Determination: Exempt Pursuant To Guidelines Section 15061(B)(3)). (Chadrick Smalley / Miroo Desai) ID-2024-210 read by title only Pass ▶ jump to 33:13
36. 12. ACTION ITEMS ▶ jump to 46:04
37. 12.1. 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 For Code Violations, Identified As “Group II Amendments”; Repealing Chapter 11 Of Title 4 (“Electronic Personal Assistive Mobility Devices”) In Its 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-2024-227 read by title only Pass ▶ jump to 46:06
38. 12.2. Resolution Of The City Council Of The City Of Emeryville Approving Added Scope Of Work For The Sustainable Streetscapes Paving Project, Project No. EPW-23008 (CIP No. 24221005); Authorizing The City Manager To Enter Into A Contract With Bay Cities Paving And Grading, Inc. In An Amount Of $5,927,488.70; Authorizing The City Manager To Approve Additional Payments Of $3,500,000, For A Total Not To Exceed Amount Of 9,427,488.70, All For The Construction Of The 2024 Sustainable Streetscapes Paving Project, Project No. EPW-23008 (CIP No. 24221005); Re-Allocating $500,000 From Fund 475 In CIP No. 17475004, $242,027 From Fund 475 In CIP No. 16475006, And $124,574 From Fund 250 In CIP No. 16475006 Into CIP No. 24221005; Appropriate $99,741 From Fund 221, $938,224 From Fund 250, And $1,540,732 From Fund 473 Into CIP No. 24221005; CEQA Determination: Exempt Pursuant To CEQA Guideline 15301(c). (Mohamed Alaoui / Ryan O'Connell) ID-2024-207 approve as amended Pass ▶ jump to 72:23
39. 36 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
40. 13. DEPARTMENT HEAD REPORTS ▶ jump to 120:12
41. 14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS ▶ jump to 120:22
42. 15. ADJOURNMENT ▶ jump to 125:17
43. 40 THE NEXT REGULAR MEETING WILL BE ON TUESDAY, JUNE 18, 2024, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CA 94608.
44. 41 page break
45. 42 LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
46. 43 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. June 18, 2024 - Special Meeting - Committee Appointments - Accessibility Program - Update Municipal Code - Speed Limits When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil. ID-2024-220