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City Council

February 6, 2024 ·7:16 PM Final - Amended ·--AMENDED--

Council Chambers / Teleconference

Agenda — 37 items

  1. 1 This meeting is being conducted in a hybrid (in-person / Zoom) format at 1333 Park Avenue, Emeryville, California To join the meeting via Zoom, use the information provided below.
  2. 2 The City offers many ways for you to watch and participate in City matters. Public comment for Council agenda items can be submitted online via our online speaker card at www.emeryville.org/citycouncil when an agenda is posted. 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 If you prefer to participate in the meeting using Zoom, please use the information provided here: Please click the link below to join the webinar: https://emeryville-org.zoom.us/j/84174258702?pwd=tujWd1q4WyzYsV_4qGSmpiw1pyUC5w.6fZSBYAYxhgGcNB7 Passcode: 598987 Or iPhone one-tap: +16694449171,,84174258702#,,,,*598987# Or Telephone: 669-900-6833 Webinar ID: 841 7425 8702 Passcode: 598987 International Phone Numbers: https://emeryville-org.zoom.us/u/kcJ7AKJmy
  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 are also available to view streaming on YouTube at https://www.youtube.com/user/EmeryvilleCA. 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. Presentation: UC Berkeley Advanced Urban Design Studio - Emeryville ID-2024-031
  12. 4.2. Proclamation Of The City Council Of The City Of Emeryville Proclaiming February 2024 As Black History Month ID-2024-046
  13. 5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
  14. 6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING ATTENDANCE
  15. 7. CITY MANAGER'S REPORT
  16. 8. EX PARTE COMMUNICATIONS
  17. 9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA
  18. 10. CONSENT ITEMS Approved the Consent Agenda Pass
  19. 10.1. Warrants. (Lawrence Chiu) ID-2024-028 accept Pass
  20. 10.2. Action Minutes Of The January 16, 2024, Special City Council Closed Session. (April Richardson) ID-2024-022 approve Pass
  21. 10.3. Action Minutes Of The January 16, 2024, City Of Emeryville Study Session Meeting. (April Richardson) ID-2024-023 approve Pass
  22. 10.4. Action Minutes Of The January 16, 2024, City Of Emeryville Special City Council Meeting. (April Richardson) ID-2024-024 approve Pass
  23. 10.5. Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Three (3) Year Agreement To Pay Compensation To The City Of Oakland For Library Services In the Following Amounts: Fiscal Year 2023-2024, One Hundred Twenty Six Thousand Dollars ($126,000), Fiscal Year 2024-2025, One Hundred Thirty Two Thousand Three Hundred Dollars ($132,300) And Fiscal Year 2025-2026, One Hundred Thirty Eight Thousand Nine Hundred Fifteen Hundred Dollars ($138,915). (Paul Buddenhagen / Pedro Jimenez) approve Pass
  24. 10.6. Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville Approving And Authorizing The City Manager To Enter Into And Execute A Lease Disposition And Development Agreement Between The City Of Emeryville And EAH, Inc. And Related Ground Leases For The Development And Operation Of An Affordable Housing Project At 5890, 5900 And 6150 Christie Avenue (APNs 049-1493-003, 049-1493-004 And 049-1493-005) And Authorizing The City Manager To Take Action To Effectuate The Lease Disposition and Development Agreement And Related Ground Leases (CEQA Determination: Exempt Pursuant State CEQA Guidelines Sections 15268(a) And 15332) (Chadrick Smalley / Valerie Bernardo) ID-2024-018 approve Pass
  25. 11. PUBLIC HEARINGS
  26. 11.1. Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To Pacific Gas And Electric Company To Install New Equipment And Energize A New Customer At 5621 Bay Street From 7:00 P.M. On Wednesday, February 7, 2024 To 6:00 A.M. On Thursday, February 8, 2024 (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(B)(3)) (Chadrick Smalley / Miroo Desai / Alyssa Chung) ID-2024-019 approve Pass
  27. 11.2. Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For Sewer Rehabilitation Work On West MacArthur Boulevard, Ohlone Way, And The Greenway Path Adjacent To The South Bayfront Bridge For Dates To Be Determined Between February 7, 2024 And March 15, 2024 To The City Of Emeryville And Corcus Construction Inc. For Work Related Sanitary Sewer Spot Repair As Part Of The Fiscal Year 2022/2023 Sanitary Sewer Spot Repairs Project (CIP Number 15511005). (Mohamed Alaoui/Nik Ignacio) ID-2024-027 approve Pass
  28. 12. ACTION ITEMS
  29. 28 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
  30. 12.1. Consideration Of Travel Authorization For Council Member Bauters. (John Bauters) ID-2024-030 approve Pass
  31. 13. DEPARTMENT HEAD REPORTS
  32. 13.1. Community Development Director's Report on Planning Commission Actions at the January 25, 2024 meeting: (a) Grass Prohibition (ORD24-001) - Consideration of a recommendation to the City Council to approve adding Section 9-4.508 (“Prohibiting the installation of grass in new residential development”) to the Emeryville Municipal Code and amending Section 6-10.02 (“Nuisances: Weeds”) of the Emeryville Municipal Code. CEQA Status: This project is exempt from environmental review under State CEQA Guidelines Section 15061(b)(3), “common sense exemption”, because it can be seen with certainty that there is no possibility that the proposal may have a significant effect on the environment* * This item is scheduled for a public hearing by the City Council on February 20, 2024. The packet for the January 25, 2024 Planning Commission meeting can be viewed online at https://www.ci.emeryville.ca.us/Archive.aspx?ADID=5582 ID-2024-020
  33. 14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
  34. 15. ADJOURNMENT
  35. 34 THE NEXT REGULAR MEETING WILL BE ON TUESDAY, FEBRUARY 20, 2024, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CA 94608, AND VIA TELECONFERENCE.
  36. 35 LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
  37. 36 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. February 20, 2024 - Protecting Pollinators Ordinance - Art Center Feasibility Contract/Update March 5, 2024 - Fist Time Homebuyer Guidelines Revision When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil. ID-2024-026