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, April 19, 2022 7:16 PM Teleconference
1. CALL TO ORDER
The meeting convened via teleconference at 7:20 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 Mayor Bauters, seconded by Council Member Welch, to approve the Final Agenda, amended to move Item 12.1 ahead of Item 11.1. 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-2022-193 Proclamation: National Victims' Rights Week, April 24th through 30th Mayor Bauters read the proclamation aloud, and it was received by Maria Suniga, Advocate Supervisor, from the Alameda County District Attorney's Office.
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City Council ACTION MINUTES April 19, 2022
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
The City Clerk announced the upcoming annual recruitment to fill expired terms on Community Advisory Committees.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
There were no reports given.
7. CITY MANAGER'S REPORT
The City Manager thanked the Community Services team for hosting the recent Spring Expo, and expressed appreciation to the Council Members who were able to attend, stating that it was a wonderful event.
8. EX PARTE COMMUNICATIONS
Mayor Bauters reported having received an email message from a representative from the American Friends Services Committee.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA
1. Brian Donahue spoke again regarding the blockage of bike lanes.
10. CONSENT ITEMS
Approval of the Consent Agenda
A motion was made by Vice Mayor Medina, 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-2022-183 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-2022-186 Action Minutes of the April 5, 2022 Special City Council / City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency / Management of Emeryville Services Authority Closed Session. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
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City Council ACTION MINUTES April 19, 2022
10.3. ID-2022-187 Action Minutes of the April 5, 2022 Special City Council Study Session. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2022-189 Action Minutes of April 5, 2022, City Council Regular Meeting. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.5. ID-2022-182 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute Contract With The California Department Of Education For The Purpose Of Providing Child Care And Development Services And To Authorize The City Manager To Sign Contract Documents For Fiscal Year 2022-23, The Continuing Funding Application, And All Related Contract Documents And Any Future Amendments And Appropriate Said Funds When Received To Accounts 230-53600 And 230-52300. (Pedro Jimenez)
Staff Report
Draft Resolution
Exhibit A: Continued Funding Application 2022-2023
APPROVED Resolution No. 22-36
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-36
10.6. ID-2022-177 Resolution Of The City Council Of The City Of Emeryville Modifying Condition VII.G.6 Of The Conditions Of Approval Of The South Bayfront Retail / Mixed Use Project Planned Unit Development/ Preliminary Development Plan Relating To The Number And Types Of Liquor Licenses Pre-Approved For The Bay Street Project (CEQA Determination: Exempt Pursuant To State CEQA
Guidelines Section 15301, 15305, And 15061(b)(3)). (Charles S.
Bryant / Chadrick Smalley)
Staff Report
Attachment 1 - Bay Street Parcel Locations
Draft Resolution
APPROVED Resolution No. 22-37
Attachments:
A motion was made to approve this Resolution.
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City Council ACTION MINUTES April 19, 2022
Enactment No: Reso No. 22-37
10.7. ID-2022-178 Resolution Of The City Council Of The City Of Emeryville Authorizing A Second Amendment Of The Professional Services Contract With West Coast Code Consultants (WC3) For Fiscal Year 2021-2022 For Building Division Services In An Amount Of $1,341,794 To Cover Expanded Services For A Total Amount Not To Exceed $2,975,494. (Charles S. Bryant / Victor Gonzales) Staff Report
Professional Services Contract
First Amendment to Professional Services Contract
Draft Resolution
Exhibit A - Second Amendment to Professional Services Contract APPROVED Resolution No. 22-38
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-38
10.8. ID-2022-176 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Sixth Amendment To The Professional Services Agreement With Biggs Cardosa
Associates Revising Work Scope And Budget For Engineering Design Services For The South Bayfront Bridge / Horton Landing Park Project, EPW 17-112 (CIP #16475006 and 17237003).
(Mohamed Alaoui / Todd Teachout)
Staff Report
Professional Services Contract + 5 Amendments
Draft Resolution
Professional Services Contract - 6th Amendment
APPROVED Resolution No. 22-39
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-39
12.1. ID-2022-181 Parks and Recreation Committee’s Annual Report On Committee Goals, Principles And Accomplishments For Calendar Year 2021; And Proposed Committee Priorities For Calendar Year 2022. (Pedro Jimenez)
Attachments: Staff Report
Committee Chair Alejandro Anasal gave the presentation and responded to Council Member questions.
PUBLIC COMMENT
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1. Brian Donahue spoke regarding General Plan park provisions and the rate required of developers.
11. PUBLIC HEARINGS
11.1. ID-2022-179 Resolution Of The City Council Of The City Of Emeryville Establishing Updated Development Impact Fees For Fiscal Year 2022-2023. (Charles S. Bryant)
Staff Report
Draft Resolution
Exhibit A - Development Impact Fees FY22-23
APPROVED Resolution No. 22-40
Attachments:
Council waived the staff presentation on this item.
PUBLIC HEARING OPENED: 7:48 p.m.
No testimony was given.
PUBLIC HEARING CLOSED: 7:48 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. 22-40
11.2. ID-2022-206 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Adopting Emeryville Police Department Policy 707: Military Equipment. (Christie Crowl / Chief Jeff Jennings)
Staff Report
Draft Ordinance
Emeryville Police Department Policy Manual
Late Correspondence - John Lindsay-Poland
Attachments:
Interim Assistant City Attorney Crowl and Captain Oliver Collins gave the staff presentation and responded to Council Member questions.
PUBLIC HEARING OPENED: 7:59 p.m.
1. Alejandro Anasal spoke in opposition to City policies being purchased, as was mentioned with respect to the Police Department's use of Lexipol.
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2. Brian Donahue requested that he and his wife be allowed to cede their time to another speaker, which the Mayor did not approve. Mr.
Donahue stated that the time frame for this item had been rushed and contended that the AR-15 rifle is military equipment.
3. John Lindsay Poland stated that the Emeryville PD was an outlier in Alameda County in not reporting assault rifles in compliance with AB 48, and urged that the matter be sent back for more review.
4. Jennifer Tu, American Friends Services Committee, supported revising the policy to include other AB 48 requirements.
PUBLIC HEARING CLOSED: 8:11 p.m.
Discussion ensued, and the Council provided direction for staff to come back with a new first reading/introduction of the ordinance and provide additional information.
12. ACTION ITEMS
12.2. ID-2022-194 Consideration Of Resolution Of The City Council Of The City Of Emeryville Opposing Initiative No. 21-0042A1, The Taxpayer Protection And Government Accountability Act. (Mayor Bauters) Staff Report
Exhibit A: Full Text of Initiative
Sample Draft Resolution
APPROVED Resolution No. 22-41
Attachments:
League of California Cities East Bay representatives Sam Caygill and Nick Romo gave the presentation and responded to Council Member questions.
A motion was made by Vice Mayor Medina, 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. 22-41
13. DEPARTMENT HEAD REPORTS
There were no reports given.
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Mayor Bauters requested and received majority support for staff to research whether the City has a method of regulating the type of City of Emeryville Page 6 of 7 Printed on 9/13/2022
City Council ACTION MINUTES April 19, 2022
emergency standby generators used in Emeryville. He also requested and received support to carve out consideration of bike license penalties from the Municipal Code decriminalization project to occur at a May City Council meeting.
15. ADJOURNMENT
The meeting adjourned at 8:44 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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