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, March 15, 2022 7:16 PM Teleconference
1. CALL TO ORDER
The meeting convened via teleconference at 7:35 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 Donahue, seconded by Council Member Welch, 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
4.1. ID-2022-147 Dorieann O'Brien, Vice Consul General of Ireland - Global Greening Initiative. (Mayor Bauters)
Vice Consul General O'Brien made remarks in honor of the St.
Patrick's Day season and Irish-American Heritage Month, and stated City of Emeryville Page 1 of 7 Printed on 9/12/2022
City Council ACTION MINUTES March 15, 2022
that 2022 marked the important anniversaries of both the centenary of the formation Ireland's first independent state and 100 years since the publication of James Joyce's Ulysses. She added that Ireland stood in solidarity with the people of Ukraine, and was providing tangible support through efforts with the European Union, and by waiving travel visa requirements for immigrants, and spoke about the gradual lifting of public health restrictions imposed during the global pandemic.
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
The City Clerk reported that a recruitment was in progress to fill unexpected committee vacancies, and announced the upcoming deadline to apply.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
Council Member Donahue reported that a letter had been received from Gillian Belcher regarding Emery Bay Drive. Mayor Bauters reported that the ACTC Policy Committee had approved the San Pablo Avenue Corridor Plan.
7. CITY MANAGER'S REPORT
There was no report given.
8. EX PARTE COMMUNICATIONS
Each of the Council Members reported having received an email from Don Gravestock of the Foxwater Group regarding Item 12.1.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA
1. Brian Donahue stated that a letter he sent to the entire Council regarding Item 11.1 had not been mentioned during the ex parte communications report, and added that staff had not disclosed that the applicant had violated the noise ordinance, causing the Police Department to shut down the work.
10. CONSENT ITEMS
Approval of the Consent Agenda
A motion was made by Council Member Donahue, 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-2022-135 Warrants. (Brad Farmer)
City of Emeryville Page 2 of 7 Printed on 9/12/2022
City Council ACTION MINUTES March 15, 2022
Staff Report City
Wire Transfers City
Check Register City
Attachments:
10.2. ID-2022-136 Action Minutes of the March 1, 2022 Special City Council / Management of Emeryville Services Authority Closed Session. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2022-137 Action Minutes of the March 1, 2022 Special City Council Meeting. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2022-141 Action Minutes of March 1, 2022, City Council Regular Meeting. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.5. ID-2022-114 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Purchase Four Marked Ford Explorer Hybrid Police Enforcement Vehicles In An Amount Not To Exceed $239,249.68 From Folsom Lake Ford. (Chief Jeff
Jennings / Captain Oliver Collins / Sergeant Andrew Cassianos) Staff Report
Draft Resolution
Exhibit A: Folsom Lake Ford Bid
Exhibit B: Lehr Bid
APPROVED Resolution No. 22-028
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-28
10.6. ID-2022-128 Resolution Of The City Council Of The City Of Emeryville Approving The 2021 General Plan Annual Progress Report And Authorizing Submittal To The Governor’s Office Of Planning And Research And To The California Department Of Housing And Community
Development (CEQA Determination: Exempt Pursuant To State CEQA Guidelines Section 15378) (Charles S. Bryant / Navarre Oaks / Valerie F. Bernardo)
City of Emeryville Page 3 of 7 Printed on 9/12/2022
City Council ACTION MINUTES March 15, 2022
Staff Report
Sites Inventory Update 2021
Draft Resolution
2021 General Plan Annual Report
APPROVED Resolution No. 22-029
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-29
10.7. ID-2022-132 Resolution Of The City Council Of The City Of Emeryville Appropriating Two Thousand Five Hundred Dollars ($2,500) From The Measure BB Bicycle/Pedestrian Fund 264 For 2022 Bike To Wherever Day (BTWD) Sponsorship. (Mohamed Alaoui / Nancy Humphrey / Matt Anderson)
Staff Report
Draft Resolution
Exhibit A
Exhibit B
APPROVED Resolution No. 22-030
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-30
11. PUBLIC HEARINGS
11.1. ID-2022-129 Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To JS Builders LLC For Saturday Work On March 19, March 26 And April 2, 2022 From 8:00 A.M. To 4:30 P.M. At 6701 Shellmound Street (Formerly Known As The “Nady Site” And Now Known As “Bayview Apartments”) And Designating Conditions Of Approval (APN: 49-1490-2) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)). (Charles S. Bryant / Miroo Desai)
Staff Report
Draft Resolution
Exhibit A - Applicant Request Letter
Attachments:
Senior Planner Miroo Desai gave the staff presentation and responded to Council Member questions. Applicant Carol Schwartz from JS Builders was also present to respond.
PUBLIC HEARING OPEN: 7:59 p.m.
1. Brian Donahue stated that he had sent a communication to the City of Emeryville Page 4 of 7 Printed on 9/12/2022
City Council ACTION MINUTES March 15, 2022
entire Council that was not disclosed, and commented on a noise ordinance violation he said had occurred at the job site.
PUBLIC HEARING CLOSED: 8:04 p.m.
A motion was made by Vice Mayor Medina, seconded by Council Member Welch, to deny the Resolution. The motion carried by the following vote:
Ayes: Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
4 -
Noes: 1 - Mayor Bauters
12. ACTION ITEMS
12.1. ID-2022-143 Letter of Support, Update, and Review of the Alameda CTC San Pablo Avenue Multimodal Improvement Project. (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Exhibit A - Project Information and Map
ACTC Presentation - March 15 Council.pdf
Letter of Support for ACTC San Pablo Project to ACTC and Project Partners
2nd Letter of Support Direct to ACTC
Attachments:
Carolyn Clevenger and Tess Lengyel, ACTC, gave the presentation and responded to Council Member questions.
A motion was made by Vice Mayor Medina, seconded by Council Member Donahue, to approve sending the letters of support. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
12.2. ID-2022-113 Resolution Of The City Council Of The City Of Emeryville Requesting East Bay Community Energy Enroll All Residential, Commercial And Industrial Accounts In Renewable 100 (100% California-Based Wind And Solar) Service, With The Exception Of Those Participating In A) Medical Baseline, B) California Alternate Rates For Energy (CARE), C) Family Electric Rate Assistance (FERA), Or D) Direct Access Electric Service Programs Or E) Those Who Have Previously Opted To A Specific EBCE Service Level, And F) Those Who Have Opted Out Of EBCE Service; CEQA Determination: Exempt Pursuant To CEQA Guideline 15061(b)(3).
City of Emeryville Page 5 of 7 Printed on 9/12/2022
City Council ACTION MINUTES March 15, 2022
Staff Report
Draft Resolution
Exhibit A
Exhibit B 1
Exhibit B 2
Exhibit B 3
APPROVED Resolution No. 22-031
Attachments:
Environmental Supervisor Nancy Humphrey gave the staff presentation and responded to Council Member questions.
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. 22-31
12.3. ID-2022-130 First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Adding Chapter 41 To Title 5 Of The Emeryville Municipal Code, “Right to Recall For Hotel And Card Room Employees” (CEQA Determination: Exempt Pursuant To CEQA Guideline 15061(b)(3) And 15378(a)). (Charles S. Bryant / Chadrick Smalley)
Staff Report
Draft Ordinance
Amended Draft Ordinance
Attachments:
Economic Development and Housing Manager Chad Smalley gave the staff presentation and responded to Council Member questions.
PUBLIC COMMENT
1. Ty Hudson spoke in support of the ordinance and expressed appreciation on behalf of union members.
2. Lucy, employee of Hilton Garden Inn, stated she had been laid off for eight months, but had returned to work, and supported passage of the ordinance so that co-workers and colleagues could also get their jobs back.
3. Bruno, employee of the Hyatt House, stated he had been laid off and then brought back, but others were not so lucky, and supported passage of the ordinance. (Comments translated by T. Hudson)
4. Maria Gonzalez, Hyatt House, stated she had been laid off for a City of Emeryville Page 6 of 7 Printed on 9/12/2022
City Council ACTION MINUTES March 15, 2022
year after 15 years of service, and was brought back, but hoped the City could help colleagues who had not gotten their jobs back. (Comments translated by T. Hudson)
A motion was made by Mayor Bauters, seconded by Council Member Donahue, to approve the first reading and introduction of this Ordinance. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
12.4. ID-2022-146 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. 22-032
Attachments:
A motion was made by Vice Mayor Medina, 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. 22-32
13. DEPARTMENT HEAD REPORTS
There were no reports given.
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Council Member Welch requested and received majority support for an item to be added to a future agenda to discuss what information should be included in a noise waiver request staff report.
15. ADJOURNMENT
The meeting adjourned at 9:36 p.m.
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
City of Emeryville Page 7 of 7 Printed on 9/12/2022