Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
ACTION MINUTES
City Council
Mayor John J. Bauters
Vice Mayor Ally Medina
Council Member Scott Donahue
Council Member Dianne Martinez
Council Member Courtney Welch
Members:
-- AMENDED --
CITY OF EMERYVILLE
Tuesday, January 18, 2022 7:16 PM Teleconference
1. CALL TO ORDER
The meeting convened via teleconference at 8:02 p.m. The Mayor had previously read aloud a statement announcing that the meeting was being conducted by teleconference pursuant to the extension of Brown Act waivers provided for under Assembly Bill 361, as would subsequent meetings so long as the City Council could make findings that it was necessary in order to protect public safety and the Governor's declared emergency remained in effect.
2. ROLL CALL
Mayor John J. Bauters
Vice Mayor Ally Medina
Council Member Scott Donahue
Council Member Dianne Martinez
Council Member Courtney Welch
Present: 5 -
3. APPROVAL OF FINAL AGENDA
A motion was made by Vice Mayor Medina, seconded by Council Member Donahue, to approve the Final Agenda. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
4. SPECIAL ORDERS OF THE DAY
No Special Orders were listed.
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
The City Clerk announced that a new recruitment to fill unexpected vacancies would open soon.
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City Council ACTION MINUTES January 18, 2022
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
No announcements were made.
7. CITY MANAGER'S REPORT
The City Manager expressed appreciation on behalf of the City for the work of outgoing Assistant City Attorney Andrea Visveshwara upon the occasion of her leaving Emeryville for other employment, and especially for her service as Interim City Attorney over the previous several months. The Mayor and Council Members also made remarks of appreciation and gave their well-wishes to Ms. Visveshwara for her future endeavors.
8. EX PARTE COMMUNICATIONS
Council Member Welch reported that she had communicated with her candidates for standby officer positions related to Item 10.7. Mayor Bauters reported having contact, regarding Item 12.3, with representatives from ACTC, CalTrans, City of Berkeley and other staff.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA
1. Fran Quittel requested that the City Council revisit the concept of enacting an older building accountability program requiring routine building inspection and maintenance, which had been the subject of her previous request a few months ago.
2. Brian Donahue spoke regarding the Christie Avenue sites that had been the subject of the earlier study session, stating that Council Member Martinez had previously expressed an opinion on housing numbers.
10. CONSENT ITEMS
Approval of the Consent Agenda
A motion was made by Council Member Martinez, seconded by Vice Mayor Medina, to approve the Consent Agenda. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
10.1. ID-2022-022 Warrants. (Brad Farmer)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
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City Council ACTION MINUTES January 18, 2022
A motion was made to accept this Informational Report.
10.2. ID-2022-019 Action Minutes of the December 10, 2021 Special Closed Session (City Council / Management of Emeryville Services Authority). (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2022-020 Action Minutes of the December 21, 2021 Special Closed Session (City Council / Management of Emeryville Services Authority). (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2022-030 Action Minutes of December 21, 2021, City Council Regular Meeting. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.5. ID-2022-035 Action Minutes of the January 4, 2022 Special Closed Session (City Council / Management of Emeryville Services Authority). (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.6. ID-2022-008 Resolution of the City Council Of The City of Emeryville Authorizing The City Manager To Execute The Conveyance Agreement
Between The City Of Emeryville (“City”) And The City Of Emeryville As The Successor Agency To The Emeryville Redevelopment Agency (“Successor Agency”) (1) To Transfer Platform Parcels 3 (portion of APN 049-1325-002) and 4 (APN 1325-001-04) and 59th Street Extension (portion of APN 049-1325-002) From The Successor Agency To The City And (2) To Assign To The City The Successor Agency's Right To Acquire The Station Parcel (APN 049-1325-001-2) To The City, And Authorizing the City Manager To Take Related Actions; CEQA Determination: Exempt Pursuant to CEQA Guideline 15061(b)(3). (Andrea Visveshwara)
(In Conjunction With Successor Agency Agenda Item 6.5)
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City Council ACTION MINUTES January 18, 2022
Staff Report
Draft Resolution
Exhibit A - Conveyance Agreement
APPROVED Resolution No. 22-01
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-001
10.7. ID-2022-062 Resolution Of The City Council Of The City Of Emeryville Appointing Standby Officers For Succession Of Council Member Courtney Welch In The Event Of A Declared Emergency For Calendar Year 2022. (Sheri Hartz / Lorrayne Leong)
Staff Report
Attachment - Government Code Sections 8635-8644
Draft Resolution
Exhibit A : Revised - 2022 City Council Emergency Standby Officers Roster
APPROVED Resolution No. 22-02
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-002
10.8. ID-2022-004 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Professional Services Contract With David Paul Rosen And Associates To Provide Developer Selection, Negotiation And Closing Assistance Services Associated With The Christie Sites For A Total Contract Amount Not To Exceed $150,000. (Charles S. Bryant / Chadrick Smalley)
Staff Report
Draft Resolution
Exhibit A - Professional Services Contract
APPROVED Resolution No. 22-03
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-003
10.9. ID-2022-005 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Professional Services Contract With PES Environmental, Inc. To Provide Environmental Consulting Services Associated With The Christie Sites For A Total Contract Amount Not To Exceed $100,000. (Charles S.
Bryant / Chadrick Smalley)
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City Council ACTION MINUTES January 18, 2022
Staff Report
Draft Resolution
Exhibit A - Professional Services Contract
APPROVED Resolution No. 22-04
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-004
10.10. ID-2022-002 Resolution Of The City Council Of The City Of Emeryville Approving The Scope Of Work For And Authorizing The City Engineer To Advertise For Public Bids For The Construction Of The Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005); CEQA Determination: Exempt Pursuant to CEQA Guideline
15301(c). (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
Exhibit A - Project Overview Map
APPROVED Resolution No. 22-05
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-005
10.11. ID-2022-001 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Fourth Amendment To The Professional Services Agreement With AECOM To Amend The Scope Of Work, To Increase The Total Compensation By An Additional $64,635.00, For A Total Amount Not to Exceed $434,066.00 And To Extend The Term Of Service To The Later Of Sixty Days After Council Acceptance Of Construction Or
September 28, 2022 For Archeological Services For The South Bayfront Pedestrian Bicycle Bridge/Horton Landing Park Project, EPW 17-112 (CIP # 16475006 And CIP#17237003). (Mohamed
Alaoui / Todd Teachout)
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City Council ACTION MINUTES January 18, 2022
Staff Report
Original Professional Services Agreement
AECOM PSA 1st Amendment
AECOM PSA 2nd Amendment
AECOM PSA 3rd Amendment
Draft Resolution
AECOM PSA Proposed 4th Amendment
Exhibit A: AECOM 4th Amendment Workscope
APPROVED Resolution No. 22-06
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-006
11. PUBLIC HEARINGS
There were no Public Hearings listed.
12. ACTION ITEMS
12.1. ID-2022-017 Resolution Of The City Council Of The City Of Emeryville Making Required Findings To Allow The Continuation Of Remotely Held Meetings Of The City Council Pursuant To AB 361. (Sheri Hartz) (In Conjunction With MESA Agenda Item 7.1 And Successor Agency Agenda Item 7.1)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-07
Attachments:
A motion was made by Council Member Martinez, seconded by Council Member Donahue, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
Enactment No: Reso No. 22-007
12.2. ID-2022-024 City Council Consideration of Survey Results and Direction Concerning Revenue Measure Development for Voter Consideration. (Christine Daniel / Sheri Hartz)
Staff Report
Attachment A: Survey Results Presentation
Attachments:
City Manager Daniel introduced the item and then turned it over to the City's consultant, Miranda Everitt from FM3, who gave the presentation and responded to Council Member questions.
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City Council ACTION MINUTES January 18, 2022
PUBLIC COMMENT:
1. Charlotte stated she had been contacted for the survey and stated she had been unsure whether the contractor pollster was legitimate.
2. Brian Donahue stated that the Council should not be overly confident in the survey findings as previous measures that had polled well had failed.
Council gave direction to not pursue a measure for the June ballot, and to refer the other measure to the Budget and Governance Committee for further review.
12.3. ID-2022-006 Letter of Support, Update, and Review of the I-80/Ashby Avenue (Route 13) Interchange Improvements Draft Environmental Document (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Exhibit A - Project Information and Map
Exhibit B -
Ashby_Interchange_Draft_Environmental_Document_RPT_Dec2021 Exhibit C - Ashby_Interchange_DED_Appendices_RPT_Dec2021 Draft Letter of Support - Ashby Interchange Project
Draft Letter of Support - Ashby Interchange Project --REVISED-- Attachments:
Senior Civil Engineer Ryan O'Connell introduced the item and turned it over to Wajahat Nyaz, ACTC, who gave the presentation and responded to Council Member questions.
PUBLIC COMMENT:
1. Fran Quittel commented on the messaging and budgets for the project, and stated that the project location was in an upsetting condition and received only sporadic cleaning.
The Council directed that the letter be sent, following the directed revisions having been made.
12.4. ID-2022-012 Resolution Of The City Council Of The City Of Emeryville Accepting The Comprehensive Annual Financial Report And Associated Compliance Audit Reports And Auditor Correspondence For The Fiscal Year Ended June 30, 2021. (Christine Daniel)
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City Council ACTION MINUTES January 18, 2022
Staff Report
Draft Resolution
Attachment 1 - Comprehensive Annual Financial Report
Attachment 2 - Child Development Center Compliance Audit Attachment 3 - Measure B Compliance Audit
Attachment 4 - Measure BB Compliance Audit
Attachment 5 - Vehicle License Fee Compliance Audit
Attachment 6 - Auditors Communication Letter
Attachment 7 - Auditors Memorandum on Internal Control
Attachment 8 - Appropriations Limit Calculation
APPROVED Resolution No. 22-08
Attachments:
Council waived presentation on this item. Before making the motion to approve, Council Member Martinez complimented staff's hard work in completing the audit and receiving no negative findings.
A motion was made by Council Member Martinez, seconded by Mayor Bauters, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
Enactment No: Reso No. 22-008
12.5. ID-2022-015 Discussion on Whether to Add A Future Agenda Item To Consider Directing Staff To Conduct A Tree Survey. (Mayor Bauters) Attachments: Staff Report
Mayor Bauters reported on his reasons for requesting this item and received majority support for it to be added as a study session on a future agenda.
PUBLIC COMMENT:
1. Brian Donahue spoke in support of this matter going forward.
2. Ken Bukowski spoke in support but asked how the program would be regulated.
A motion was made by Mayor Bauters, seconded by Vice Mayor Medina, to approve this Other Item. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
12.6. ID-2022-014 Discussion on Whether to Fly The Pan-African Flag At City Hall Each Year In February In Recognition Of The Significance Of Black History City of Emeryville Page 8 of 10 Printed on 3/7/2022
City Council ACTION MINUTES January 18, 2022
Month. (Mayor Bauters)
Attachments: Staff Report
Mayor Bauters stated his reasons for requesting this item to be added and received majority support for its approval, with the corresponding resolution to come back to Council at its February 1, 2022, meeting.
PUBLIC COMMENT:
1. Brian Donahue stated that the BLM flag should be flown at City Hall as well.
A motion was made by Vice Mayor Medina, seconded by Council Member Welch, to approve this Other Item. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
12.7. ID-2022-059 Resolution Of The City Council Of The City Of Emeryville Approving A Legal Services Agreement with Jarvis Fay & Gibson, LLP, for Interim City Attorney Services. (Mayor Bauters)
Staff Report
Draft Resolution
Exhibit 1: Legal Services Agreement for Interim City Attorney Services 1-7-22 (003)
APPROVED Resolution No. 22-09
Attachments:
A motion was made by Vice Mayor Medina, seconded by Council Member Welch, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
Enactment No: Reso No. 22-009
13. DEPARTMENT HEAD REPORTS
There were no reports given.
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
No future agenda items were requested.
15. ADJOURNMENT
The meeting was adjourned at 9:50 p.m.
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City Council ACTION MINUTES January 18, 2022
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Emeryville City Council.
/Sheri Hartz/
Sheri Hartz, City Clerk
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