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, September 20, 2022 7:16 PM Teleconference
1. CALL TO ORDER
The meeting convened at 7:19 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 Vice Mayor Medina, seconded by Council Member Donahue, 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-2022-464 Proclamation In Recognition Of Sharon Wilchar’s Contributions To The Emeryville Community And Ongoing Efforts As An Artist And Arts Advocate For Over 30 Years
Attachments: Proclamation
Mayor Bauters read the Proclamation and thanked Sharon Wilchar for City of Emeryville Page 1 of 8 Printed on 9/23/2022
City Council ACTION MINUTES September 20, 2022
her contributions to the community.
4.2. ID-2022-485 Proclamation In Recognition Of Emeryville City Clerk Sheri Hartz, CMC, Upon Her Retirement
Mayor Bauters read the proclamation and thanked Sheri Hartz for her service.
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
There was no update.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
Mayor Bauters attended the groundbreaking for Rip Rap and the art mural event. Vice Mayor Medina also attended the groundbreaking event and took part in the Coastal Clean-up event.
7. CITY MANAGER'S REPORT
Interim City Manager Adam Politzer made the following
announcements:
- The City is actively recruiting for the City Manager position - The City is providing information sessions with City Council candidates on City operations
- The pool heater has been replaced and the pool with reopen - April Richardson will be appointed Acting City Clerk
- The South Bay Pedestrian Bridge was awarded the 2022 American Civil Engineering Award
8. EX PARTE COMMUNICATIONS
Mayor Bauters and Vice Mayor Medina reported communications with Public Market, Oxford Properties, and Wareham on agenda item 11.1.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA There were no public comments.
10. CONSENT ITEMS
A motion was made by Vice Mayor Medina, seconded by Council Member Welch, to approve the Consent Agenda with the following amendment: add Vice Mayor Medina as the second committee member on item 10.7. 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-2022-469 Warrants. (Peggy Xu)
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City Council ACTION MINUTES September 20, 2022
Staff Report City
Wire Transfers City
Check Register City
Attachments:
A motion was made to approve this informational report.
10.2. ID-2022-475 Action Minutes Of The September 6, 2022, Special City Council / MESA / 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-2022-476 Action Minutes Of The September 6, 2022, City Council Study Session. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2022-479 Action Minutes Of The September 6, 2022, Regular City Council Meeting. (Sheri Hartz)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.5. ID-2022-425 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Contract With Urban Planning Partners (UPP) In An Amount Not To Exceed $315,234 For Preparation Of A CEQA Compliant Environmental Document For The 5801 Christie Avenue Mixed Use Project Located At 5801 and 5681 Christie Avenue And Appropriating $215,234 In Expenditures To Division 1725, “Planning Reimbursables”, Account 80050, Professional Services, And Adding $130,860 In Revenues To Account 58760, Planning Reimbursements (Charles S. Bryant / Miroo Desai) Staff Report
Draft Resolution
Exhibit A - Professional Services Contract
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-123
10.6. ID-2022-308 Resolution Of The City Council Of The City Of Emeryville In Support Of Resources For Community Development’s Application To The State Of California Department Of Housing And Community Development City of Emeryville Page 3 of 8 Printed on 9/23/2022
City Council ACTION MINUTES September 20, 2022
For Infill Infrastructure Grant Program (“IIG”) Funding For The Nellie Hannon Gateway Project Located At 3600, 3610 And 3620 San Pablo Avenue (Charles S. Bryant / Chadrick Smalley / Valerie Bernardo) Staff Report
Draft Resolution
Exhibit A - Letter of Support
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-124
10.7. ID-2022-465 Resolution Of The City Council Of The City Of Emeryville Naming the Bus Shelter Temporary Art Program In Sharon Wilchar’s Honor, Acknowledging The Public Art Committee’s Recommendation To Commission A Plaque Honoring Sharon Wilchar, And Re-establishing The City Council Subcommittee On The City’s Recognition Policy By Appointing Mayor Bauters And ____________ As Members Of The Subcommittee (Charles S. Bryant / Chadrick Smalley / Amber Evans) Staff Report
Attachment 1 - Council Policy 1, Naming and Dedication of City Facilities
Draft Resolution
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-125
10.8. ID-2022-418 Resolution of the City Council Authorizing the City Manager to Accept a Grant Award on Behalf of the Police Department, From the FY2022 Byrne Justice Assistance Grant (JAG) in the amount of $10,191.60 For Funds Related to Conducted Energy Devices. (Oliver Collins) Staff Report
Draft Resolution
Exhibit A - FY2022 JAG Award Letter
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-126
10.9. ID-2022-458 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Pursue A No-Cost Study For Potential Enhancement Of Solar And Battery Energy Systems At Critical Municipal Facilities In Partnership With East Bay Community Energy (EBCE) And Making Findings Of CEQA Exemption Under Section 15061(b)(3) (Nancy Humphrey)
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City Council ACTION MINUTES September 20, 2022
Staff Report
Critical Municipal Facilities Presentation
Critical Municipal Facility Initial Analysis
Draft Resolution
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-127
10.10. ID-2022-484 Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville Amending Section 2-2.201 Of Article 2 Of Chapter 2 Of Title 2 Of The Emeryville Municipal Code Regarding An Increase In City Council Member Salaries, Effective January 1, 2023. (Sheri Hartz)
Staff Report
Attachment: 9/6/2022 Staff Report
Draft Ordinance
CA Government Code Section 36516
Attachments:
A motion was made to approve this Ordinance.
Enactment No: Ord No. 22-008
11. PUBLIC HEARINGS
11.1. ID-2022-466 Marketplace Redevelopment Project: Amendments To Planned Unit Development/Preliminary Development Plan And Development Agreement (Charles S. Bryant / Miroo Desai)
Staff Report
Attachment 1 - 2008 Approved Marketplace PDP Build-Out
Attachment 2 - Preliminary Plan for Pedestrianization of Market Drive Attachment 3 - Marketplace Environmental Checklist August 2022 Attachment 3A - Public Market TDM Plan
Attachment 3B - Public Market GHG Assessment
Attachment 3C - Public Market Pedestrian Wind Study
Attachments:
Senior Planner Miroo Desai made a presentation and answered Council Member questions.
PUBLIC HEARING OPENED: 7:53 p.m.
There were no public comments.
PUBLIC HEARING CLOSED: 7:54p.m.
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City Council ACTION MINUTES September 20, 2022
11.1.1. ID-2022-467 Ordinance Of The City Council Of The City Of Emeryville Adopting An Amendment To The Marketplace Redevelopment Project
Planned Unit Development/Preliminary Development Plan
(PUD/PDP) To Transfer The Requirement For 10 Townhome Units From Parcel A (Referred To As The “Shellmound Building” In The Approved PUD/PDP) To Parcel F (Referred To As “Retail Pad #1” In The Approved PUD/PDP) And To Change The Maximum Height On Parcel B From 120 Feet To 175 Feet (APN Nos. 49-1556-15; -16; And -17) (CEQA Determination: Environmental Impact Report For Marketplace Redevelopment Project Certified By City Council On January 15, 2008)
Proposed Ordinance
Exhibit A - Conditions of Approval
Attachments:
A motion was made by Council Member Welch, seconded by Council Member Donahue, to read by title only 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 -
A motion was made by Council Member Donahue, seconded by Council Member Welch, to approve the first reading 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 -
11.1.2. ID-2022-468 Ordinance Of The City Council Of The City Of Emeryville Adopting An Amendment To The Development Agreement For The Public Market Project (Also Known As The Marketplace Redevelopment Project) To Remove The Parcel A Residential Development Obligation, And To Provide For A Monetary Contribution Of $20 Million To The City In Exchange For Removal Of The Obligation To Provide 18 Affordable Housing Units On Parcel A, And Other Related Amendments (APN Nos. 49-1556-15; -16; -17, And -24) (CEQA Determination:
Environmental Impact Report For Marketplace Redevelopment Project Certified By City Council On January 15, 2008)
Proposed Ordinance
Exhibit A - First Major Amendment to the Public Market Development Agreement
Attachments:
A motion was made by Council Member Welch, seconded by Vice Mayor Medina, to read by title only this Ordinance. The motion City of Emeryville Page 6 of 8 Printed on 9/23/2022
City Council ACTION MINUTES September 20, 2022
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-2022-440 Requesting The Direction Of The City Council Of The City Of Emeryville On Exemption Of Certain Business (B) Occupancies and New Restaurant Construction (A-2) Occupancies In A Proposed Energy Reach Code Ordinance Amending Chapter 8 (“Green Building Standards Code”) Of Title 8 (“Building Regulations”) Of The Emeryville Municipal Code To Amend The 2022 Edition Of The California Building Standards Code (California Code Of Regulations, Title 24, Part 11); CEQA Determination: Exempt Pursuant to CEQA Guideline
15061(b)(3)
Staff Report
Exhibit A - City Policies in California
Exhibit B California Building Code Changes 2022
Late Correspondence: Matt Sutton
Attachments:
Environmental Programs Manager Nancy Humphrey gave a
presentation and answered Council Member questions.
PUBLIC COMMENTS:
1. Matt Sutton requested that the Council exclude restaurants from the natural gas ban.
2. Avani Goyle spoke in favor of all electric.
3. Geoff Sears provided written comments that were read into the record.
A majority of the Council directed staff that "B" classification exemptions should be allowed. A majority of the Council do not want to provide an exemption for restaurants.
13. DEPARTMENT HEAD REPORTS
There were no reports.
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
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City Council ACTION MINUTES September 20, 2022
Mayor Bauters asked and received majority support for Townsend Public Affairs to attend the next Council meeting to discuss the two Statewide Ballot Measures that would expand gaming in California.
Vice Mayor Medina asked for and received majority support for an informational item on a Styrofoam ban. Staff will research and provide an off-agenda memo on the Alameda County ban if it exists.
15. ADJOURNMENT
The meeting adjourned at 8:34 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Emeryville City Council.
/s/ April Richardson, CMC
Acting City Clerk
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