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April 16, 2024 ·7:16 PM Final - Amended ·--AMENDED--

Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 48 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/83492045311?pwd=sLzGaM8xrn4K5GBJ3ycTXwD3CHu8xg.V8_pyTpGDw4IJFtn Passcode: 607843 Telephone: 669-900-6833 Webinar ID: 834 9204 5311 Passcode: 607843
  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
  9. 3. APPROVAL OF FINAL AGENDA approve Pass
  10. 4. SPECIAL ORDERS OF THE DAY
  11. 4.1. Proclamation Of The City Council Of The City Of Emeryville Proclaiming April 19, 2024, As Education And Sharing Day. (Mayor Welch) ID-2024-132
  12. 4.2. Proclamation Of The City Council Of The City Of Emeryville Proclaiming April 21-27, 2024, As National Crime Victims’ Rights Week. (Mayor Welch) ID-2024-131
  13. 4.3. Proclamation Of The City Council Of The City Of Emeryville Proclaiming April 22, 2024 As Earth Day. (Mayor Welch) ID-2024-153
  14. 5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
  15. 6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING ATTENDANCE
  16. 7. CITY MANAGER'S REPORT
  17. 8. EX PARTE COMMUNICATIONS
  18. 9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA
  19. 10. CONSENT ITEMS Approved the Consent Agenda Pass
  20. 10.1. Warrants. (Lawrence Chiu) ID-2024-135 accept Pass
  21. 10.2. Action Minutes Of The April 2, 2024, Special City Council Closed Session. (April Richardson / Lorrayne Leong) ID-2024-146 approve Pass
  22. 10.3. Action MInutes Of The April 2, 2024, Special City Council Meeting. (April Richardson / Lorrayne Leong) ID-2024-148 approve Pass
  23. 12. ACTION ITEMS
  24. 10.4. Action Minutes Of The April 2, 2024, Regular City Council Meeting. (April Richardson / Lorrayne Leong) ID-2024-149 approve Pass
  25. 10.5. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept Funds From The Alameda County Transportation Commission’s 2024 CIP Call For Projects For The Emery Go-Round Operating Expenses (FY2024-FY2025), Doyle Bicycle Improvements - Phase 3, And 40th Street Multimodal Improvements; Appropriating $8,204,000 Into Fund 254 (Project No. 22242002), $172,000 Into Fund 254 (Project No. 22242002), $354,000 Into Fund 254 For New CIP Project Number (Doyle Bicycle Improvements - Phase 3), And $1,000,000 Into Fund 254 (Emery Go-Round Operating Expenses FY2024-FY2025). (Mohamed Alaoui / Ryan O'Connell) ID-2024-137 approve Pass
  26. 10.6. Resolution Of The City Council Of The City Of Emeryville Rescinding The Prior Second Amendment Dated July 1, 2023 For The ‘8 To Go’ Paratransit Shuttle Service Agreement With The Emeryville Transportation Management Association And Authorizing The City Manager To Execute A New Second Amendment, Retroactive To July 1, 2023, In The Amount Of $149,800 For FY23/24 For A Total Not To Exceed Amount Of $418,300 And Appropriate Said Funds When Received To Account 263-88400. (Rebecca Sermeno / Kim Burrowes) ID-2024-154 approve Pass
  27. 11. PUBLIC HEARINGS
  28. 26 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Repealing And Amending A Portion Of Section 10 Of Ordinance No. 22-013 Related To All-Electric Building Requirements For New Construction; CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15378 And 15061(b)(3). (John Kennedy / Christie Crowl / Mohamed Alaoui) ID-2024-112 approve first reading Pass
  29. 11.1. Resolution Of The City Council Of The City Of Emeryville Establishing Updated Development Impact Fees For Fiscal Year 2024-2025. (Chadrick Smalley / Miroo Desai) ID-2024-130 approve Pass
  30. 12. ACTION ITEMS approve Pass
  31. 12.1. Resolution Of The City Council Of The City Of Emeryville Adopting The Community Promotion Grant Subcommittee Recommendations To Select Biketopia, Easy Does It Emergency Services, Emeryville Celebration Of The Arts, Emeryville Children And Nature, Fishnets And Films, Friends Of The Golden Gate Library, Head Over Heels Athletic Arts, Kala Art Institute, Nancy Karp & Dancers, Scientific Adventures For Girls, The Compound Gallery LLC, And The Emeryville Historical Society As Recipients For The Emeryville Community Promotions Grant Program. (Rebecca Sermeno) ID-2024-138 approve Pass
  32. 12.2. Resolution Of The City Council Of The City Of Emeryville Adopting The Community Grant Subcommittee And Public Art Committee Recommendations To Select Artists Sean Griffin, Joey Rose, Rachel Wolfe Goldsmith, John Patrick Thomas, Salma Arastu, Chris Granillo, And Juan Lopez As The Recipients For The 2024-2026 Visual Arts Grant Program; Approving The Artworks Proposed By The Recipients; Authorizing The City Manager To Execute Grant Recipient Contracts With The Recipients Or Their Fiscal Agents, As Applicable, For The Installation Of The Proposed Artworks; And Appropriating An Additional $53,000 From The Public Art Fund (Fund 243) To The Operating Budget For Fiscal Year 2024-2025 For The Visual Arts Grant Program. (Chadrick Smalley / Amber Evans) ID-2024-134 approve Pass
  33. 30 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Adding Chapter 42, (“Tobacco Retailer License Requirements”), To Title 5 Of The Emeryville Municipal Code; And Authorizing The City Manager To Take Actions Related To Implementation And Enforcement: CEQA Determination: Exempt Pursuant To Guideline Sections 15378 And 15061(b)(3) ID-2024-140 approve first reading Pass
  34. 12.3. Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Repealing And Amending A Portion Of Section 10 Of Ordinance No. 22-013 Related To All-Electric Building Requirements For New Construction; CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15378 And 15061(b)(3). (John Kennedy / Christie Crowl / Mohamed Alaoui) ID-2024-112 read by title only Pass
  35. 12.4. Tobacco Retailer License And Smoking Pollution Control Ordinances: (John Kennedy / Chadrick Smalley) ID-2024-139
  36. 32 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Amending Sections 5-29.02 And 5-29.09 Of Chapter 29, (“Smoking Pollution Control”), Of Title 5 Of The Emeryville Municipal Code To Add And Revise The Definitions For Certain Terms And Repeal The Exception For Private Smokers’ Lounges; And Authorizing The City Manager To Take Actions Related To Implementation And Enforcement; CEQA Determination: Exempt Pursuant To Guideline Sections 15378 And 15061(b)(3) ID-2024-141 approve first reading Pass
  37. 33 sub-items
  38. 12.4.1. Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Adding Chapter 42, (“Tobacco Retailer License Requirements”), To Title 5 Of The Emeryville Municipal Code; And Authorizing The City Manager To Take Actions Related To Implementation And Enforcement: CEQA Determination: Exempt Pursuant To Guideline Sections 15378 And 15061(b)(3) ID-2024-140 read by title only Pass
  39. 12.4.2. Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Amending Sections 5-29.02 And 5-29.09 Of Chapter 29, (“Smoking Pollution Control”), Of Title 5 Of The Emeryville Municipal Code To Add And Revise The Definitions For Certain Terms And Repeal The Exception For Private Smokers’ Lounges; And Authorizing The City Manager To Take Actions Related To Implementation And Enforcement; CEQA Determination: Exempt Pursuant To Guideline Sections 15378 And 15061(b)(3) ID-2024-141 read by title only Pass
  40. 36 /sub-items
  41. 12.5. Resolution Of The City Council Of The City Of Emeryville Amending The Budget For Fiscal Year 2024. (Lawrence Chiu) ID-2024-144 approve Pass
  42. 13. DEPARTMENT HEAD REPORTS
  43. 38 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
  44. 14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
  45. 15. ADJOURNMENT
  46. 41 THE NEXT REGULAR MEETING WILL BE ON TUESDAY, MAY 7, 2024, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CA 94608.
  47. 42 LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
  48. 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. May 7, 2024 - Legislative Update - First Time Homebuyer Guideline Revisions - Master Fee Update - City Speed Limits Update May 21, 2024 - Presentation: BART Safe & Clean Plan - Alameda County Fire Department Contract When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil. ID-2024-133