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, June 7, 2022 7:16 PM Teleconference
1. CALL TO ORDER
The meeting convened via teleconference at 7:38 p.m. and the Mayor 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
4.1. ID-2022-330 Proclaiming June 2022 As LGBTQI+ Pride Month In The City Of Emeryville. (Mayor John J. Bauters)
Attachments: Proclamation
Mayor Bauters read the Proclamation aloud and made brief comments about his personal experiences.
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City Council ACTION MINUTES June 7, 2022
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
The City Clerk announced that the annual recruitments had closed and appointments were expected to be made at the Council's June 21, 2022, meeting. The Mayor requested, and received majority support, for the application deadline to be extended to June 15th.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
Council Member Martinez announced that StopWaste at its annual Business Awards would be honoring Emeryville caterer Just Fare for its focus on fair trade. Vice Mayor Medina reported that the East Bay EDA's Innovation Awards were upcoming, and that five Emeryville companies were nominated for awards. Mayor Bauters stated that he had recently traveled to Washington DC where he learned that ACTC would be issued a grant for rail crossing safety improvements, and reported on the recent tour taken by Congress Member Barbara Lee, where the Emeryville Christie Sites were on the itinerary.
7. CITY MANAGER'S REPORT
The City Manager announced the upcoming groundbreaking
ceremony for the Quiet Zone project.
8. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
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 Vice Mayor Medina, seconded by Council Member Welch, 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-2022-286 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-2022-288 Action Minutes Of The May 17, 2022, Special Study Session.
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City Council ACTION MINUTES June 7, 2022
(Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2022-290 Action Minutes Of The May 17, 2022, Regular City Council Meeting. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2022-291 Action Minutes Of The May 17, 2022, Special City Council / Management of Emeryville Services Authority (MESA) Closed Session. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.5. ID-2022-281 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Professional Services Contract With Second Sight Video And Multimedia For Fiscal Years 2022-2023 And 2023-2024, To Provide Broadcasting, Recording And Related Services For A Total Amount Of
$96,000.00. (Sheri Hartz / Lorrayne Leong)
Staff Report
Draft Resolution
Exhibit A - Professional Services Contract
APPROVED Resolution No. 22-57
Attachments:
A motion was made to approve this CC Resolution.
Enactment No: Reso No. 22-57
10.6. ID-2022-297 Resolution Of The City Council Of The City Of Emeryville Establishing A Threshold For Reporting Leases In Accordance With Governmental Accounting Standards Board Statement No.
87. (Brad Farmer / Monica Centeno)
Staff Report
Draft Resolution
Exhibit A - City Leases
APPROVED Resolution No. 22-58
Attachments:
A motion was made to approve this CC Resolution.
Enactment No: Reso No. 22-58
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City Council ACTION MINUTES June 7, 2022
10.7. ID-2022-280 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into An Agreement With KBA Docusys To Extend The Lease Of Twelve Kyocera
Multi-Function Printing Devices, Including All Service And Support For An Additional Twelve Months In The Amount $4,548.00 Per Month Or $54,576 Over The Course Of The Lease; And To Sign All Necessary Documents Pertaining To The Execution Of The Lease. (Michael Parenti)
Staff Report
Draft Resolution
KBA Docusys Agreement
APPROVED Resolution No. 22-59
Attachments:
A motion was made to approve this CC Resolution.
Enactment No: Reso No. 22-59
10.8. ID-2022-279 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Extend The Existing Agreement With TPx To Provide Fiber Internet Connectivity For An Additional Three Years In The Amount Of Ninety-Nine Thousand Seven Hundred And Twenty Dollars ($99,720). (Michael Parenti) Staff Report
Draft Resolution
TPX Agreement
APPROVED Resolution No. 22-60
Attachments:
A motion was made to approve this CC Resolution.
Enactment No: Reso No. 22-60
10.9. ID-2022-244 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Agreement With Kidango, Inc. In An Amount Not To Exceed $88,000 For Fiscal Year To Provide Food Services At The Emeryville Child Development Center. (Pedro Jimenez / Quera Owens)
Staff Report
Request for Proposals - ECDC Vended Meals FY2022-23
Draft Resolution
Vended Meal Food Service Proposal 2022
Professional Services Contract
APPROVED Resolution No. 22-61
Attachments:
A motion was made to approve this CC Resolution.
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City Council ACTION MINUTES June 7, 2022
Enactment No: Reso No. 22-61
10.10. ID-2022-268 Resolution Of The City Council Of The City Of Emeryville Approving And Authorizing The City Manager To Execute And Enter Into An Agreement With The Emery Unified School District Consenting To Installation Of A Solar Project At Emery Center Of Community Life As Referenced In The Joint Occupancy Agreement, Attachment F, Section 10 And 6.1 To Annually Contribute To The Operations And Maintenance Budget. (Pedro Jimenez)
Staff Report
Draft Resolution
Agreement with Emery Unified School District
Late Correspondence: Draft Energy Service Agreement, Syserco and EUSD
APPROVED Resolution No. 22-62
Attachments:
A motion was made to approve this CC Resolution.
Enactment No: Reso No. 22-62
10.11. ID-2022-272 Resolution Of The City Council Of The City Of Emeryville Adopting The Public Art Committee’s Recommendation To Approve The Design Proposal By Guillaume Ollivier For The Public Art Mural Project At the Hollis Façade Of 1456 63rd Street, Authorizing The City Manager To Execute An Artist Agreement With Guillaume Ollivier In An Amount Not To Exceed $80,000 For Final Design And Installation Of The Artwork, And Authorizing The City Manager To Execute A License Agreement With Klinknerville Court LLC And Guillaume Ollivier For The Installation Of The Artwork. (Charles S. Bryant / Chadrick Smalley / Amber Evans)
Staff Report
Draft Resolution
Attachment 1 - Artist Agreement
Attachment 2 - License Agreement
APPROVED Resolution No. 22-63
Attachments:
A motion was made to approve this CC Resolution.
Enactment No: Reso No. 22-63
10.12. ID-2022-282 Resolution Of The City Council Of The City Of Emeryville Prioritizing Upcoming Projects For Grant Applications; And Authorizing The City Manager To Submit Applications In Response To The California Transportation Commission’s ATP Cycle 6 Call-For-Projects, Alameda County Transportation Commission’s 2024 CIP Call For Projects, And Any Other Grant Opportunity That City of Emeryville Page 5 of 10 Printed on 9/13/2022
City Council ACTION MINUTES June 7, 2022
Arises In Fiscal Years 2022-2024 For The Prioritized Projects; And Authorize The Mayor To Write Letters In Support Of The Prioritized Projects. (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Attachment A - ATP Cycle 6 Guidelines.pdf
Attachment B - ACTC 2024 CIP Guidelines.pdf
Attachment C - Grant Projects Priority Ranking.pptx
Draft Resolution
Late Correspondence - Supplemental Staff Report and Resolution.pdf APPROVED Resolution No. 22-64
Attachments:
A motion was made to approve this CC Resolution.
Enactment No: Reso No. 22-64
10.13. ID-2022-307 Second Reading Of An Ordinance Of The City Council Of The City Of Emeryville Eliminating Bicycle License And Registration Requirements In Sections 4-1.03 Through 4-1.05 Of Title 4 Of The Emeryville Municipal Code (“Bicycles”). (John Kennedy / Christie Crowl)
Staff Report
Draft Ordinance
APPROVED Ordinance No. 22-002
Attachments:
A motion was made to approve the second reading and adoption of this Ordinance.
Enactment No: Ord No. 22-002
11. PUBLIC HEARINGS
There were no Public Hearings listed.
12. ACTION ITEMS
12.1. ID-2022-273 Modifying Expiration Date Of Ordinance No. 20-016 Related To Expedited Permitting For Temporary Outdoor Seating For
Restaurants And Bars During COVID-19 Pandemic: (Charles S.
Bryant)
Staff Report
Attachment 1 - Ordinance No 20-016 COVID Outdoor Dining Attachments:
Community Development Director Charles Bryant gave the staff presentation and responded to Council Member questions.
12.1.1. ID-2022-274 An Urgency Ordinance Of The City Council Of The City Of Emeryville Modifying The Expiration Date Of Ordinance No. 20-016 Related To City of Emeryville Page 6 of 10 Printed on 9/13/2022
City Council ACTION MINUTES June 7, 2022
Expedited Permitting For Temporary Outdoor Seating For
Restaurants And Bars During COVID-19 Pandemic; CEQA
Determination: Exempt Pursuant to California Public Resources Code Section 21080(b)(4) and State CEQA Guidelines 15269(c) and 15061(b)(3)
Proposed Urgency Ordinance
APPROVED Ordinance No. 22-003
Attachments:
A motion was made by Council Member Martinez, seconded by Vice Mayor Medina, to read the Ordinance by title only. 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: Ord No. 22-003
A motion was made by Council Member Martinez, seconded by Vice Mayor Medina, to adopt 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 -
Enactment No: Ord No. 22-003
12.1.2. ID-2022-275 An Ordinance Of The City Council Of The City Of Emeryville Modifying The Expiration Date Of Ordinance No. 20-016 Related To Expedited Permitting For Temporary Outdoor Seating For Restaurants And Bars During COVID-19 Pandemic; CEQA Determination: Exempt Pursuant to California Public Resources Code Section 21080(b)(4) and State CEQA Guidelines 15269(c) and 15061(b)(3)
Attachments: Proposed Regular Ordinance
A motion was made by Council Member Martinez, seconded by Vice Mayor Medina, to read this Ordinance by title only. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
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 -
12.2. ID-2022-284 Resolution Of The City Council Of The City Of Emeryville Adopting The Operating Budget For Fiscal Year 2022-23 (“Operating Budget”), And Appropriating Funds For Fiscal Year 2022-2023. (Brad Farmer / City of Emeryville Page 7 of 10 Printed on 9/13/2022
City Council ACTION MINUTES June 7, 2022
Monica Centeno)
Staff Report
Draft Resolution
Proposed Fiscal Year 2022-23 Budget
APPROVED Resolution No. 22-65
Attachments:
Director Farmer gave the staff 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. 22-65
12.3. ID-2022-269 Resolution Of The City Council Of The City Of Emeryville Adopting An Appropriations Limit For The 2022-23 Fiscal Year Of $132,398,346. (Brad Farmer / Monica Centeno)
Staff Report
Draft Resolution
Appendix A – Gann Appropriations Limit Calculation FY 2022-23 APPROVED Resolution No. 22-66
Attachments:
A motion was made by Vice Mayor Medina, seconded by Council Member Martinez, 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. 22-66
12.4. ID-2022-306 Discussion on Whether To Add A Future Agenda Item To Consider Amending The Rules Of Procedure For Local Boards, Committees And Commissions To Change The Terms Of Community Advisory Body Members To Align With The Calendar Year Rather Than The Fiscal Year. (Mayor Bauters)
Staff Report
Rules of Procedure Local Boards, Committees & Commissions Attachments:
The Council discussed and there was no action taken on this item.
12.5. ID-2022-295 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 6.2 And Successor Agency City of Emeryville Page 8 of 10 Printed on 9/13/2022
City Council ACTION MINUTES June 7, 2022
Agenda Item 7.2)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-67
Attachments:
A motion was made by Council Member Martinez, seconded by Council Member Donahue, 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. 22-67
13. DEPARTMENT HEAD REPORTS
13.1. ID-2022-276 Planning Director's report on Planning Commission actions at the May 26, 2022 meeting:
(a) Housing Element of the General Plan. A study session to review the draft 2023-2031 Housing Element of the General Plan. (b) 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 a ten-level approximately 421,000 square foot Research and Development building, a pavilion building of about 3,000 square feet of ground floor retail space, and a six-level parking garage accommodating 711 parking spaces. (c) The Lab Master Sign Program. Consideration of a Major Sign Permit for a Master Sign Program for multi-tenant and building signage for The Lab, located at 4383 Horton Street fronting Horton Street and Sherwin Avenue.*
(d) EmeryStation Overland. Consideration of a Conditional Use Permit and Design Review Permit to construct a new 300,000 square foot Research and Development building and a six level parking structure accommodating 496 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 City of Emeryville Page 9 of 10 Printed on 9/13/2022
City Council ACTION MINUTES June 7, 2022
portion of the block. The proposal also includes a Tree Removal Permit to remove 18 street trees located on 62nd Street, Overland Avenue and 63rd Street.**
(e) Mass Timber. Consideration of an amendment to Section 9-
4.204(e) of the Planning Regulations to add a community benefits category 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.**
* Item subject to "call for review" (i.e. appeal) by motion of the City Council pursuant to Section 9-7.1406 of the Planning Regulations. ** Items require City Council approval, and are scheduled for consideration by the Council on July 5, 2022.
The packet for the May 26, 2022 Planning Commission meeting can be viewed online at <http://ca-emeryville.civicplus.com/Archive.aspx? AMID=43&Type=Recent>
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Mayor Bauters requested and received majority support to bring two items forward on the June 21st agenda: allowing the Mayor to issue off-agenda ceremonial proclamations in honor or recognition of community members, and authorizing travel for the Mayor and Council Members.
15. ADJOURNMENT
The meeting adjourned at 8:31 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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