Cities Index.
Minutes, first session

Emeryville City Council
May 3, 2022

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Minutes, first session
Meeting
May 3, 2022
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Emeryville City Council
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Text extracted from the city's file for reading and search. Open the original on emeryville.legistar1.com. That file is the official record.

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, May 3, 2022 7:16 PM Teleconference

1. CALL TO ORDER
The meeting convened via teleconference at 7:32 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 Martinez, 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
There were no Special Orders listed.

5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
The Deputy City Clerk announced the annual recruitment to fill expiring terms on Community Advisory Committees is underway.

City of Emeryville Page 1 of 9 Printed on 9/13/2022
City Council ACTION MINUTES May 3, 2022

6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING

ATTENDANCE
Council Member Martinez announced a resource for recycling found on StopWaste.org at resource.stopwaste.org/curbside/Emeryville.

Council Member Martinez also shared a greeting to fellow Islamic citizens.

Vice Mayor Medina gave recognition to community support at the annual Shoreline Clean-Up at Shorebird Park, with special congratulations to Matt Anderson for retrieving the largest piece of trash.

Mayor Bauters announced an upcoming virtual Town Hall on May 9, 2022, to address on-going City services. The Mayor also announced that he will be joining a countywide lobbying effort in Washington D.C. for transportation infrastructure funding in the Easy Bay; and announced a new ACTC video on how to load a bicycle onto buses.

7. CITY MANAGER'S REPORT
City Manager Christine Daniel announced a page on the City's website with a link to a survey for citizens to participate in sharing their feedback on on-going City services. The City Manager also thanked staff and the community for their participation in the annual Shoreline Clean-Up efforts, and announced the upcoming Bike-To-Wherever Day on May 20, 2022.

8. EX PARTE COMMUNICATIONS
Mayor Bauters reported having contact with Honor Bay, Townhouse and Doyle Street Cafe in regards to Agenda Item 12.3 on the agenda.

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

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-2022-208 Warrants. (Brad Farmer)
City of Emeryville Page 2 of 9 Printed on 9/13/2022
City Council ACTION MINUTES May 3, 2022
Staff Report City
Wire Transfers City
Check Register City
Attachments:

A motion was made to accept this Informational Report.

10.2. ID-2022-215 Action Minutes of the April 19, 2022 Special City Council / City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency Closed Session. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.3. ID-2022-216 Action Minutes of the April 19, 2022 Special City Council Study Session. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.4. ID-2022-219 Action Minutes of April 19, 2022, City Council Regular Meeting. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.5. ID-2022-212 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute An Amendment To The Contract With Clifford Moss In An Amount Not To Exceed $60,000 To Assess Possible Revenue Measure Opportunities For 2022. (Sheri Hartz)
Staff Report
Clifford Moss Professional Services Contract
Draft Resolution
Clifford Moss Professional Services Contract 1st Amendment APPROVED Resolution No. 22-46
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 22-46

10.6. ID-2022-211 Resolution Of The City Council Of The City Of Emeryville Acknowledging Receipt of The Report From The Alameda County Fire Department of Fire Inspections For The Calendar Year 2021. (Chief William McDonald)
City of Emeryville Page 3 of 9 Printed on 9/13/2022
City Council ACTION MINUTES May 3, 2022
Staff Report
Draft Resolution
Exhbiit A: SB1205 Annual Report CY 2021
APPROVED Resolution No. 22-47
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 22-47

10.7. ID-2022-242 Resolution Of The City Council Of The City Of Emeryville Authorizing The Mayor To Sign A Letter Supporting The Extension And Expansion Of The California Cultural District Program. (Charles S. Bryant / Chadrick Smalley / Amber Evans)
Staff Report
Attachment 1 - CAC Marketing Materials.pdf
Attachment 2 - Coalition Letter.pdf
Draft Resolution
Exhibit A - Draft Support Letter
APPROVED Resolution No. 22-48
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 22-48

11. PUBLIC HEARINGS

11.1. ID-2022-221 Resolution Of The City Council Of The City Of Emeryville Amending The City Of Emeryville Master Fee Schedule For Fiscal Year 2022-23. (Brad Farmer / Monica Centeno)
Staff Report
Draft Master Fee Schedule (Redline)
Draft Resolution
Exhibit A – FY 22-23 Proposed Master Fee Schedule (Clean) APPROVED Resolution No. 22-49
Attachments:

Council waived staff presentation on this item.

PUBLIC HEARING OPENED: 7:42 p.m.

No testimony was given.

PUBLIC HEARING CLOSED: 7:43 p.m.

A motion was made by Council Member Martinez, seconded by Mayor Bauters, to approve this CC Resolution. The motion carried by the following vote:

City of Emeryville Page 4 of 9 Printed on 9/13/2022
City Council ACTION MINUTES May 3, 2022
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -

Enactment No: Reso No. 22-49

12. ACTION ITEMS

12.1. ID-2022-238 Resolution Of The City Council Of The City Of Emeryville Amending The Budget For Fiscal Year 2021-22. (Brad Farmer)
Staff Report
Draft Resolution
Appendix A - FY 21-22 Proposed Budget Adjustments to the General Fund
Appendix B - FY 21-22 Proposed Budget Adjustments to Other Funds APPROVED Resolution No. 22-50
Attachments:

Finance Director Brad Farmer gave the presentation and responded to Council Member questions.

A motion was made by Council Member Martinez, seconded by Vice Mayor Medina, to approve this CC 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. 22-50

12.2. ID-2022-239 Discussion of Preliminary Budget For FY 2022-2023. (Brad Farmer / Monica Centeno)
Staff Report
Preliminary FY 2022-23 Budget Summary
Attachments:

Finance Director Brad Farmer and City Manager Christine Daniel gave the presentation on this item and responded to Council Member questions. Council provided direction to staff.

12.3. ID-2022-180 Discussion of Making COVID Parklets Permanent. (Charles S.

Bryant)
Staff Report
Attachment 1 - Ordinance No 20-016 COVID Outdoor Dining Attachment 2 - Sidewalk Cafe and Parklet Regulations
Attachments:

Community Development Director Charles Bryant gave the
presentation on this item and responded to Council Member questions. Council provided direction to staff.

12.4. ID-2022-223 Resolution Of The City Council Of The City Of Emeryville Approving A Side Letter Of Agreement Between The City And The Emeryville City of Emeryville Page 5 of 9 Printed on 9/13/2022
City Council ACTION MINUTES May 3, 2022
Police Officers’ Association (EPOA) Regarding A Memorandum Of Understanding (MOU) Extension. (Trish Raver)
Staff Report
Draft Resolution
Exhibit A: EPOA MOU Extension Side Letter
APPROVED Resolution No. 22-51
Attachments:

A motion was made by Council Member Martinez, seconded by Vice Mayor Medina, 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. 22-51

12.5. ID-2022-228 Labor Memorandum of Understanding Extensions: (Trish Raver) (In Conjunction With MESA Agenda Item 7.1)
Attachments: Staff Report (City)

12.5.1. ID-2022-229 Resolution Of The City Council Of The City Of Emeryville Consenting To A Side Letter Of Agreement Between The City And The Emeryville Association Of Confidential, Administrative, Managerial And Professional (CAMP) Employees Regarding A Memorandum Of Understanding (MOU) Extension
Draft Resolution
Exhibit A: Side Letter of Agreement – CAMP MOU Extension APPROVED Resolution No. 22-52
Attachments:

A motion was made by Council Member Martinez, seconded by Vice Mayor Medina, 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. 22-52

12.5.2. ID-2022-230 Resolution Of The City Council Of The City Of Emeryville Consenting To A Side Letter Of Agreement Between The
Management of Emeryville Services Authority And Service Employees International Union, Local 1021 (SEIU) Regarding A Memorandum Of Understanding (MOU) Extension
Draft Resolution
Exhibit A: Side Letter of Agreement – SEIU MOU Extension APPROVED Resolution No. 22-53
Attachments:

City of Emeryville Page 6 of 9 Printed on 9/13/2022
City Council ACTION MINUTES May 3, 2022
A motion was made by Council Member Martinez, seconded by Vice Mayor Medina, 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. 22-53

12.5.3. ID-2022-231 Resolution Of The City Council Of The City Of Emeryville Consenting To The Amendment To The MESA Pay And Benefits Plan For Unrepresented Employees Effective May 3, 2022
Draft Resolution
Exhibit A (Red-Lined): Unrepresented Pay and Benefits Plan Exhibit A (Final): Unrepresented Pay and Benefits Plan
APPROVED Resolution No. 22-54
Attachments:

A motion was made by Council Member Martinez, seconded by Vice Mayor Medina, 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. 22-54

12.6 ID-2022-210 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 7.2 And Successor Agency Agenda Item 7.1)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-55
Attachments:

A motion was made by Council Member Martinez, seconded by Vice Mayor Medina, 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. 22-55

13. DEPARTMENT HEAD REPORTS

13.1. ID-2022-207 Planning Director's report on Planning Commission actions at the April 28, 2022 meeting:
(a) EmeryStation Overland* Consideration of a Conditional Use City of Emeryville Page 7 of 9 Printed on 9/13/2022
City Council ACTION MINUTES May 3, 2022
Permit and Design Review Permit to construct a new 300,000 square foot Research and Development building and a six level parking structure accommodating approximately 495 parking spaces on an approximately 113,325 square foot site on the block bounded by Overland Avenue and 62nd, 63rd, and Hollis Streets. The proposal includes preservation of the existing Hollis Street Building that accommodates Ruby’s Café and 41 live-work units, and demolition of all other structures on the western portion of the site. (b) 58Fifty Shellmound Life Sciences Tower. A third study session to review a proposed 14-story, 265-foot-high building accommodating 385,740 square feet of life science use (“Research and
Development”), six townhouse residential units, and approximately 2,300 square feet of ground floor retail/amenity space at 5850 Shellmound Way. The project includes demolition of an existing 61,000 square foot office building.
(c) Marketplace Redevelopment Project Parcels A, B and F. A study session to review a proposed amendment to the Planned Unit Development/Preliminary Development Plan for the Marketplace Redevelopment Project, an amendment to the associated
Development Agreement, and a new Final Development Plan (FDP) for Parcels A and B along Shellmound Street between Shellmound Way and 63rd Street. The proposed FDP would include three buildings on Parcels A and B comprised of an eight-level 322,744 square foot Research and Development building, a four level, 83,434 square foot Research and Development building with 7,460 square feet of ground floor retail space, and a six-level parking garage accommodating 711 parking spaces.
(d) Mass Timber. A study session to review a proposal to add a community benefits category to the Planning Regulations for the use of Mass Timber construction in place of traditional steel-and-concrete construction in order for a project to earn development bonus points. * This project requires City Council approval, and is scheduled for consideration by the Council on May 17, 2022.

The packet for the April 28, 2022 Planning Commission meeting can be viewed online at <http://ca-emeryville.civicplus.com/Archive.aspx? AMID=43&Type=Recent>
Community Development Director Charles Bryant presented the report and responded to Council Member questions.

There were no public comments made.

14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Mayor Bauters requested a Study Session item to be placed on the May 17, 2022, agenda to discuss recommendations from the ad-hoc committee regarding the Emeryville Public Market.

City of Emeryville Page 8 of 9 Printed on 9/13/2022
City Council ACTION MINUTES May 3, 2022

15. ADJOURNMENT
The meeting adjourned at 8:56 p.m.

LIST OF UPCOMING SIGNIFICANT AGENDA ITEMS
ID-2022-220 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.

Additional Note during COVID-19 Public Health Emergency: City Council meeting have been held remotely since March 17, 2020, and remain so in accordance with the Brown Act exemptions provided for by AB 361. City Council and other public meetings will continue to be held remotely until further notice, and certain non-essential items may be postponed or cancelled. Please continue to check the final, published agenda for the latest information.

May 17, 2022 City Council Meeting
- Study Session: 5850 Shellmound Life Science Tower
- Public Hearing: EmeryStation Overland
June 7, 2022 City Council Meeting
- Study Session: Housing Element Public Review Draft
- Proposed FY 22/23 Budget Approval
- Pro-Housing Policy
- Discussion of Whether to Change Community Advisory Committee Member Terms to Calendar Year Basis
When published, the packets for City Council meetings can be viewed online at www.emeryville.org/citycouncil.

THE NEXT REGULAR MEETING WILL BE ON TUESDAY, MAY 17, 2022, AT EMERYVILLE CITY HALL, COUNCIL CHAMBERS, 1333 PARK AVENUE, EMERYVILLE, CA 94608 OR VIA TELECONFERENCE IN ACCORDANCE WITH ASSEMBLY BILL 361.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Emeryville City Council.
/s/ Lorrayne Leong
Deputy City Clerk
City of Emeryville Page 9 of 9 Printed on 9/13/2022

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