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, July 5, 2022 7:16 PM Teleconference
1. CALL TO ORDER
The meeting convened via teleconference at 7:19 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 Vice Mayor Medina, seconded by Council Member Donahue, to approve the Final Agenda. Mayor Bauters announced that Item 11.2 would be continued to the Council meeting of July 19, 2022 due to a noticing error, but that Public Comment on the item would be called and anyone present allowed to speak. 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
There was no announcement made.
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City Council ACTION MINUTES July 5, 2022
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
Council Member Donahue announced that this would be is final term as Council Member. Vice Mayor Medina reported on her attendance at the East Bay EDA event where finalists for the upcoming awards were announced and included three Emeryville companies. Mayor Bauters reported on the recent ACTC meeting, where debt issuance was authorized that would fund various high profile projects.
7. CITY MANAGER'S REPORT
City Manager Daniel expressed appreciation for the work of the Emeryville Police and Public Works Departments for facilitating access to the Marina on July 4th, and keeping the community safe.
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 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-2022-361 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-2022-363 Action Minutes Of The June 21, 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-2022-364 Action Minutes Of The June 21, 2022, Special City Council Meeting. (Sheri Hartz)
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City Council ACTION MINUTES July 5, 2022
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2022-367 Action Minutes Of The June 21, 2022, Regular City Council Meeting. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.5. ID-2022-357 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The First Amendment To The ‘8 To Go’ Paratransit Shuttle Service Agreement With The Emeryville Transportation Management Association In The Amount Of $142,000 And Appropriate $22,478 From Measure BB
-Paratransit Fund 263. (Pedro Jimenez / Kim Burrowes)
Staff Report
Original Contract
Draft Resolution
Contract Amendment
APPROVED Resolution No. 22-83
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-83
10.6. ID-2022-303 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Grant Recipient Contract With Emeryville Citizens Assistance Program (“ECAP”) In The Amount Of $74,782 To Support Food And Clothing
Distribution To Persons Experiencing Homelessness And Those Near-Homelessness For Fiscal Year 2022-2023. (Charles S.
Bryant / Chadrick Smalley / Charles Harris)
Staff Report
Attachment 1 - ECAP Annual Report FY 21-22
Attachment 2 - ECAP Grant Application FY 22-23
Draft Resolution
Exhibit A to Draft Resolution - Grant Recipient Contract APPROVED Resolution No. 22-84
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-84
10.7. ID-2022-327 Report To The City Council Of The City Of Emeryville Of Recommendations Made By The Bicycle / Pedestrian Advisory City of Emeryville Page 3 of 11 Printed on 9/13/2022
City Council ACTION MINUTES July 5, 2022
Committee. (Mohamed Alaoui / Nancy Humphrey / Matt Anderson) Staff Report
Attachment A: List of Motions
Attachments:
A motion was made to accept this Informational Report.
10.8. ID-2022-325 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager Or Designee To Enforce Provisions Of Assembly Bill 1276, Single-Use Foodware Accessories And Standard Condiments (Carrillo). (Mohamed Alaoui / Nancy Humphrey / Matt Anderson)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-85
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-85
10.9. ID-2022-277 Resolution Of The City Council Of The City Of Emeryville Accepting The San Pablo Avenue Mid-Block Crosswalk Project, Project No.
EPW 19103 (CIP No. 18221006), As Complete And Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk. (Mohamed Alaoui / Michael Roberts) Staff Report
Draft Resolution
APPROVED Resolution No. 22-86
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-86
10.10. ID-2022-331 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Maintenance Contract With Rubicon Landscape Corporation In An Amount Not To Exceed $219,491.66 For City-Wide Landscape Maintenance For Fiscal Year 2022/23, Increase Appropriations In The Amount Of $32,849 From The General Fund, And Delegate Authority To The City Manager To Renew The Contract For Fiscal Years 2023/24, 2024/25, 2025/26, And 2026/27 But Limit The Contract Amount Increase To The Bay Area Consumer Price Index Or 5%, Whichever Is Lower. (Mohamed Alaoui / Daniel Gonzales)
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City Council ACTION MINUTES July 5, 2022
Staff Report
Draft Resolution
Rubicon Landscape Contract
APPROVED Resolution No. 22-87
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-87
10.11. ID-2022-164 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Reimbursement Agreement With Emery Cove Marina Condominium Association For The Purpose Of Dredging The Shared Access Channel.
(Mohamed Alaoui)
Staff Report
Attachment A - Easement Agreement between Geodon (the Emery Cove Marina predecessor) and the City of Emeryville
Attachment B - Project Cost Estimate
Draft Resolution
Exhibit A - City of Emeryville and Emery Cove Shared Cost Agreement
APPROVED Resolution No. 22-88
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-88
10.12. ID-2022-349 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Second Amendment To The Professional Services Agreement With Wood Rodgers To Amend The Scope Of Work, Increase The Total Compensation By An Additional $417,836, For A Total Amount Not To Exceed $1,075,794, For Engineering Services For The Sanitary Sewer And Storm Drainage On-Call Projects SS-01 (CIP Project No. 15511005) And ST-05 (CIP Project No. 15475013), And Extend The Contract Term To June 30, 2025. (Mohamed Alaoui / Nikolas Ignacio)
Staff Report
Original Contract
Contract Amendment 1
Draft Resolution
Contract Amendment 2
APPROVED Resolution No. 22-89
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-89
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City Council ACTION MINUTES July 5, 2022
10.13. ID-2022-359 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Engineer To Advertise For Public Bidding For The Storm Drain Large Trash Separators Project, EPW 107-18, And To Purchase Any And All Equipment And Materials Necessary for the Construction of the Project (CIP #18475009); CEQA Determination: Exempt Pursuant To State CEQA Guidelines 15061(b)(3). (Mohamed Alaoui / Nancy Humphrey)
Staff Report
Draft Resolution
Exhibit A: Emeryville Trash Management Map
Exhibit B: Map of HDS Location
Exhibit C: Caltrans Funding Agreement
APPROVED Resolution No. 22-90
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-90
11. PUBLIC HEARINGS
11.1. ID-2022-368 Resolution Of The City Council Of The City Of Emeryville Establishing The Fiscal Year 2022-23 Property And Business Improvement District (“PBID”) Annual Assessment Levy For The Respective Parcels Within The Improvement District With A Three Percent Increase On All Parcels, And Approving The Preliminary Budget Submitted By The Emeryville Transportation Management Association (“ETMA”) For Service Year 2023. (Brad Farmer / Monica Centeno)
Staff Report
ETMA 2023 Preliminary Budget
ETMA 2021 Annual Report and 2014-2022 Ridership Report
FY 2022-23 Preliminary Assessment Levy 3% Increase
Draft Resolution
APPROVED Resolution No. 22-91
Attachments:
Roni Hattrup, Executive Director of ETMA, gave the presentation.
PUBLIC HEARING OPEN: 7:41 p.m.
No public testimony was heard
PUBLIC HEARING CLOSED: 7:42 p.m.
A motion was made by Vice Mayor Medina, seconded by Council Member Welch, to approve this Resolution. The motion carried by the following vote:
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City Council ACTION MINUTES July 5, 2022
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
Enactment No: Reso No. 22-91
11.2. ID-2022-243 EmeryStation Overland Project: (Charles S. Bryant / Miroo Desai) Staff Report
Attachment 1 - Project Plans
Attachment 2 - Arborist Report
Attachment 3 - CHS Parking Study
Attachment 4 - Fehr & Peers Non-CEQA Memo
Fehr & Peers Non-CEQA Memo Appendices
Attachment 5 - Fehr & Peers CEQA Memo
Attachments:
This item was continued to the City Council meeting of July 19, 2022, due to a noticing error. Mayor Bauters opened the matter and called for Public Comment, but no comments were made.
11.2.1 ID-2022-321 Resolution Of The City Council Of The City Of Emeryville Approving A Conditional Use Permit And Design Review 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. (APN: 49-1488-1) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Sections 15332 and 15061(b)(3))
Draft Resolution
Exhibit A - Conditions of Approval
Attachments:
11.2.2. ID-2022-322 Resolution Of The City Council Of The City Of Emeryville Approving A Conditional Use Permit And Design Review To Construct A New 300,000 Square Foot Research And Development Building And A Parking Structure, And Denying A Conditional Use Permit For Parking Spaces More Than The Maximum Allowed On An
Approximately 113,325 Square Foot Site On The Block Bounded By Overland Avenue And 62nd, 63rd And Hollis Streets. (APN:
49-1488-1) (CEQA Status: Exempt Pursuant To State CEQA
Guidelines Sections 15332 and 15061(b)(3))
Draft Resolution
Exhibit A - Conditions of Approval
Attachments:
11.3. ID-2022-283 Ordinance Of The City Council Of The City Of Emeryville Amending The Planning Regulations By Adding Mass Timber Construction As A Community Benefit Eligible For Development Bonus Points In Section City of Emeryville Page 7 of 11 Printed on 9/13/2022
City Council ACTION MINUTES July 5, 2022
9-4.204(e) Of The Emeryville Municipal Code. CEQA Determination:
Exempt Under Section 15061(b)(3). (Charles S. Bryant / Mohamed Alaoui / Nancy Humphrey)
Staff Report
Attachment 1 - CBSC Information Bulletin 20-04 (Revised) Attachment 2 - Tall Wood Buildings in the 2021 IBC
Proposed Ordinance
Attachments:
Environmental Programs Supervisor Nancy Humphrey made the staff presentation and responded to Council Member questions, with the assistance of Community Development Director Charles Bryant.
PUBLIC HEARING OPEN: 8:04 p.m.
No public testimony was heard.
PUBLIC HEARING CLOSED: 8:04 p.m.
A motion was made by Council Member Donahue, 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 Council Member Donahue, seconded by Vice Mayor Medina, to approve first reading 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. ACTION ITEMS
12.1. ID-2022-304 Resolution Of The City Council Of The City Of Emeryville Adopting The Community Grant Subcommittee And Public Art Committee
Recommendations To Select Artists Juan Lopez, The Los Pobres Artistas, Steven Bronson, And Therese Lahaie As The Recipients For The 2022-2023 Visual Art Grant Pilot Program; Approving The Artworks Proposed By The Recipients; And Authorizing The City Manager To Execute Grant Recipient Contracts With The Recipients’ Fiscal Agents For The Installation Of The Proposed Artworks. (Charles S. Bryant / Chadrick Smalley / Amber Evans)
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City Council ACTION MINUTES July 5, 2022
Staff Report
Draft Resolution
Exhibit A - Grants Applications
Late Correspondence - Draft Resolution REVISED
APPROVED Resolution No. 22-92
Attachments:
Economic and Community Development Coordinator Amber Evans gave the staff presentation.
PUBLIC COMMENT:
1. Steve Bronson, one of the grant recipients, requested that the grant surplus be split among the four artists to cover additional expenses.
2. Therese Lahaie seconded the previous commenter's remarks.
3. Sharon Wilchar stated that budgets have not typically been expanded after the fact in fairness to other artists who may not have applied during the original process due to financial concerns.
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. 22-92
12.2. ID-2022-351 Resolution Of The City Council Of The City Of Emeryville Calling For The General Municipal Election On November 8, 2022; Requesting Approval Of Consolidation With The County Of Alameda County; Requesting The County Registrar Of Voters To Perform Certain Election Services In Connection With Said November 8, 2022 Election; And Authorizing The City Of Emeryville To Reimburse The County Registrar Of Voters For Election Services Performed. (Sheri Hartz)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-93
Attachments:
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. 22-93
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City Council ACTION MINUTES July 5, 2022
12.3. ID-2022-370 Resolution Of The City Council Of The City Of Emeryville Ordering The Submission To The Qualified Electors Of The City Of Emeryville At The General Municipal Election To Be Held On Tuesday, November 8, 2022, As Called By Separate Resolution, A Proposed Ordinance Amending Section 3-3.702 Of The Emeryville Municipal Code To Establish Tiered Rates For The City Of Emeryville’s Real Property Transfer Tax Based On Value Of Consideration; Directing The City Attorney To Prepare An Impartial Analysis; And Authorizing The Filing Of Direct Arguments For Or Against The Measure And Rebuttal Arguments. (Sheri Hartz)
Staff Report
Draft Resolution with Exhibit A
APPROVED Resolution No. 22-94
Attachments:
City Manager Christine Daniel gave the staff presentation.
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. 22-94
12.4. ID-2022-371 Designation Of Voting Delegate And Alternate(s) To The League Of California Cities Annual Conference. (Sheri Hartz)
Staff Report
Attachment: Procedures and Voting Form
Attachments:
A motion was made by Mayor Bauters, seconded by Council Member Donahue, to nominate Council Member Welch as the voting delegate and Vice Mayor Medina as alternate. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
12.5. ID-2022-372 Discussion on Whether To Add A Future Agenda Item To Consider Amending The City Council Rules Of Procedure To Discontinue The Role Of Council Liaison To Emeryville Community Advisory Committees/Commissions. (Mayor Bauters)
Staff Report
Attachment A: City Council Rules of Procedure
Attachments:
Council discussion ensued and direction was given to bring an Action Item back on a future City Council agenda.
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City Council ACTION MINUTES July 5, 2022
12.6. ID-2022-355 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. 22-95
Attachments:
A motion was made by Council Member Martinez, 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. 22-95
13. DEPARTMENT HEAD REPORTS
No Department Head reports were made.
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Council Member Martinez requested and received majority support for an item to be added to the July 19, 2022, agenda to discuss whether to increase the Council Member stipend by 5%.
15. ADJOURNMENT
The meeting adjourned at 9:02 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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