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Minutes

Emeryville City Council
February 1, 2022

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Minutes
Meeting
February 1, 2022
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Emeryville City Council
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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:

CITY OF EMERYVILLE
Tuesday, February 1, 2022 7:16 PM Teleconference

1. CALL TO ORDER
The meeting convened via teleconference at7:19 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 Council Member Welch, 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
There were no Special Orders listed.

5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
No announcement was made.

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City Council ACTION MINUTES February 1, 2022

6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING

ATTENDANCE
Mayor Bauters reported that he had been appointed as Chair of ACTC.

7. CITY MANAGER'S REPORT
There was no report given.

8. EX PARTE COMMUNICATIONS
Mayor Bauters reported that he had communicated with the ownership of the Bank Club regarding Item 11.1, with ownership of Rob Ben's regarding item 11.2 and with the Alameda County Fire Chief regarding Item 12.1.

9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA There were no comments made.

10. CONSENT ITEMS
Regarding Item 10.6, Council Member Donahue expressed thanks to Community Services staff members Pedro Jimenez and Kim
Burrowes for identifying and purchasing an electric vehicle. Mayor Bauters announced that, as a follow up to Item 10.5, there would be a flag-raising ceremony held the following morning at City Hall in recognition of Black History Month. He also announced that Fire Captain Randall West would be named Chief for the City of Emeryville under upcoming Item 12.1.

Approval of the Consent Agenda
A motion was made by Council Member Welch, seconded by
Council Member Donahue, 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-2022-065 Warrants. (Brad Farmer)
Staff Report City
Wire Transfers City
Check Register City
Attachments:

A motion was made to accept this Informational Report.

10.2. ID-2022-072 Action Minutes of the January 18, 2022 Special Closed Session (City Council / City Council as Successor Agency to the Redevelopment Agency / Management of Emeryville Services Authority). (Sheri Hartz)
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City Council ACTION MINUTES February 1, 2022
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.3. ID-2022-073 Action Minutes of the January 18, 2022, City Council Study Session. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.4. ID-2022-076 Action Minutes of January 18, 2022, City Council Regular Meeting. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.5. ID-2022-013 Resolution Of The City Council Of The City Of Emeryville Recognizing The Significance Of Black History Month And Directing That The Pan-African Flag Be Flown At City Hall Each Year For The Month Of February. (Sheri Hartz)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-10
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 22-10

10.6. ID-2022-064 Resolution Of The City Council Of The City Of Emeryville Rejecting All Bids For The Purchase And Delivery Of A 22-26 Passenger Wheelchair Accessible Bus And Authorizing The City Manager To Purchase One 19 Passenger Max Capacity Wheelchair
Accessible Electric Vehicle (EV) Bus To Be Used For Emeryville Senior Center Group Trips Program, In A Total Amount Not To Exceed $196,618.50 From Green Power Motor Company And
Transfer $61,187 From Fund 261 And $3,432.00 From Fund
660-91200 To Fund 254 And Reappropriate $132,000.00 Of The ACTC Grant Of Resolution No. 19-133 To Fund 254 When
Received. (Pedro Jimenez / Kim Burrowes)
Staff Report
Vehicle Quote
Draft Resolution
APPROVED Resolution No. 22-11
Attachments:

A motion was made to approve this Resolution.

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City Council ACTION MINUTES February 1, 2022

Enactment No: Reso No. 22-11

11. PUBLIC HEARINGS

11.1. ID-2022-031 Resolution Of The City Council Of The City Of Emeryville Authorizing The Chief Of Police To Issue An Annual Cabaret License To Bank Club Café For Calendar Year 2022. (Chief Jeff Jennings / Captain Oliver Collins)
Staff Report
Draft Resolution
Exhibit A Conditions of Approval
APPROVED Resolution No. 22-12
Attachments:

The Council waived presentation on this item.

PUBLIC HEARING OPEN: 7: 28 p.m.

No public testimony was given.

PUBLIC HEARING CLOSED: 7:29 p.m.

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. 22-12

11.2. ID-2022-071 Resolution Of The City Council Of The City Of Emeryville Authorizing The Chief Of Police To Issue An Annual Cabaret License To Rob Ben’s Restaurant and Lounge For Calendar Year 2022. (Chief Jeff Jennings / Captain Oliver Collins)
Staff Report
Draft Resolution
Exhibit A Conditions of Approval
APPROVED Resolution No. 22-13
Attachments:

The Council waived presentation on this item.

PUBLIC HEARING OPEN: 7: 29 p.m.

No public testimony was given.

PUBLIC HEARING CLOSED: 7:30 p.m.

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City Council ACTION MINUTES February 1, 2022
A motion was made by Council Member Welch, seconded by Council Member Martinez, 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. 22-13

11.3. ID-2022-033 Resolution Of The City Council Of The City Of Emeryville Authorizing The Chief Of Police To Issue An Annual Cabaret License To Emeryville Parcel CFG (DE) LLC (The Public Market) For Calendar Year 2022. (Chief Jeff Jennings / Captain Oliver Collins) Staff Report
Draft Resolution
Exhibit A Conditions of Approval
APPROVED Resolution No. 22-14
Attachments:

The Council waived presentation on this item.

PUBLIC HEARING OPEN: 7: 30 p.m.

No public testimony was given.

PUBLIC HEARING CLOSED: 7:31 p.m.

A motion was made by Council Member Donahue, 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. 22-14

11.4. ID-2022-034 Resolution Of The City Council Of The City Of Emeryville Authorizing The Chief Of Police To Issue An Annual Cabaret License To Trader Vic’s For Calendar Year 2022. (Chief Jeff Jennings / Captain Oliver Collins)
Staff Report
Draft Resolution
Exhibit A Conditions of Approval
APPROVED Resolution No. 22-15
Attachments:

The Council waived presentation on this item.

PUBLIC HEARING OPEN: 7: 31 p.m.

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City Council ACTION MINUTES February 1, 2022
No public testimony was given.

PUBLIC HEARING CLOSED: 7:31 p.m.

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. 22-15

11.5. ID-2022-036 Resolution Of The City Council Of The City Of Emeryville Granting An Annual Card Room License To The Oaks Card Club For Calendar Year 2022. (Chief Jeff Jennings / Captain Oliver Collins) Staff Report
Draft Resolution
APPROVED Resolution No. 22-16
Attachments:

The Council waived presentation on this item.

PUBLIC HEARING OPEN: 7: 32 p.m.

No public testimony was given.

PUBLIC HEARING CLOSED: 7:32 p.m.

A motion was made by Council Member Donahue, 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. 22-16

12. ACTION ITEMS

12.1. ID-2022-069 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The Second Amendment To The Agreement Between The City Of Emeryville And The Alameda County Fire Department Regarding Fire And Emergency Services For The Term July 1, 2022 Through June 30, 2024. (Christine Daniel) City of Emeryville Page 6 of 8 Printed on 8/17/2022
City Council ACTION MINUTES February 1, 2022
Staff Report
Attachment A: 2018 Contract
Attachment B: Fiscal Year 2021-2022 Budget and Five-Year Projection
Attachment C: 2022 Quality of Services Provided Report
Draft Resolution
Exhibit A: Fire Contract Second Amendment
APPROVED Resolution No. 22-17
Attachments:

City Manager Christine Daniel gave a brief presentation on the item and introduced Fire Chief William McDonald, who announced that ACFD had designated Randall West as Emeryville's Chief. The Council Members welcomed Chief West and expressed thanks to outgoing Chief David Yoder.

A motion was made to approve this Resolution.

Enactment No: Reso No. 22-17

12.2. ID-2022-067 Report To The City Council Of The City Of Emeryville Of Recommendation Made By The Parks And Recreation Committee For Council Consideration. (Pedro Jimenez)
Attachments: Staff Report
Community Services Director Pedro Jimenez gave a brief staff report and responded to Council Member questions. The Council
unanimously supported referring this matter to the Transportation Committee.

13. DEPARTMENT HEAD REPORTS

13.1. ID-2022-063 Planning Director's report on Planning Commission actions at the January 27, 2022 meeting:
(a) Duplex Conversion. Consideration of a Conditional Use Permit and Design Review application to modify an existing single unit building at 1291 55th Street into two units.
(b) “The Emery” Master Sign Program. Consideration of a Major Sign Permit for a Master Sign Program for “The Emery”, formerly known as “Sherwin-Williams”, along Sherwin Avenue and Horton Street, including adjacent portions of Hubbard Street and 46th Street. (c) Emeryville Center of Innovation Master Sign Program. Study session for a Major Sign Permit for a Master Sign Program for the Emeryville Center of Innovation, a new research and development campus which includes four research and development buildings fronting Hollis, 53rd, and Horton Streets, as well as a parking structure City of Emeryville Page 7 of 8 Printed on 8/17/2022
City Council ACTION MINUTES February 1, 2022
fronting Horton Street.
(d) Bay Street Grocery Store. A second study session to review a proposed Final Development Plan (FDP) for Parcel B of the South Bayfront Retail/Mixed Use Project (“Bay Street”). The proposed FDP is for a new 48,446 square foot grocery store with open rooftop parking that will accommodate approximately 139 parking spaces. It will also involve demolition of the existing building housing the EQ3 furniture store and other retail stores, and that formerly housed the Old Navy store and Elephant Bar restaurant.
(e) Christie Avenue Mixed Use Project. Study session to review a proposed mixed-use project on a 3.76-acre site at 5801-5861 Christie Avenue, including a 12-story, 123-foot high residential tower with 98 units, a 13-story, 230-foot high commercial tower with approximately 464,000 square feet of research and development and office space, and a 9-story, 100-foot high parking structure accommodating 748 parking spaces. The project will include a new half-acre public park fronting Christie Avenue and will demolish all existing buildings on the site.

The packet for the January 27, 2022 Planning Commission meeting c a n b e v i e w e d o n l i n e a t
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14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Mayor Bauters requested and received majority support that the development of an administrative process for approving cabaret licenses be referred to the Budget and Governance Committee, for eventual report back to the Council.

15. ADJOURNMENT
The meeting adjourned at 7:56 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Emeryville City Council.
/s/ Sheri Hartz, CMC
City Clerk
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