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, October 4, 2022 7:16 PM Teleconference
1. CALL TO ORDER
The meeting convened via teleconference at 7:31 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 Welch, 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-2022-513 Proclamation Declaring The Month of October 2022 Disability History Month
Attachments: Proclamation
Mayor Bauters presented the Proclamation Declaring October 2022 City of Emeryville Page 1 of 7 Printed on 10/7/2022
City Council ACTION MINUTES October 4, 2022
Disability History month. The Proclamation was accepted by Emma Watson, Tiffany Hong, and Wesley Lipping of The Center for Independent Living.
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
There was no announcement made.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
Mayor Bauters reported that he just completed the Urban Mobility Study tour in the Netherlands. Council Member Martinez reported that electricity users in Emeryville will switch to 100% renewable in October.
7. CITY MANAGER'S REPORT
No report was given.
8. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA
1. Archana Horsting spoke in favor of creating an Art Center.
2. Don Haskett spoke in favor of local labor standards.
3. Foad Satterfield spoke in favor of creating an Art Center.
10. CONSENT ITEMS
Approval of the Consent Agenda
A motion was made by Vice Mayor Medina, seconded by Council Member Martinez, to approve the Consent Agenda. The motion carriedby the following vote:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
10.1. ID-2022-496 Warrants. (Peggy Xu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
A motion was made to accept this Informational Report.
10.2. ID-2022-507 Action Minutes Of The September 20, 2022, Special City Council / MESA Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
City of Emeryville Page 2 of 7 Printed on 10/7/2022
City Council ACTION MINUTES October 4, 2022
10.3. ID-2022-508 Action Minutes Of The September 20, 2022, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the minutes.
10.4. ID-2022-491 Resolution Of The City Council Of The City Of Emeryville Appropriating $72,508 From The Economic Development Fund (Fund 202) To The Operating Budget For Fiscal Year 2022-2023 (Account 202-87380) For A Previously Awarded Façade Grant For Daryl M. Rush Builder - Grand Craftsman Supply (Charles S.
Bryant / Chadrick Smalley / April Shabazz)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-128
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-128
10.5. ID-2022-492 Consideration Of Transportation Committee Recommendations For Requests For Loading Zone On 64th Street For 6401 Hollis Street, Loading Zone At 5758 Peladeau Street, And Removal Of Blue Zone At 1270 62nd Street (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Attachment 1 - 64th Street.pdf
Attachment 2 - 5770 Peladeau Street.pdf
Attachment 3 - 1270 62nd Street.pdf
Attachments:
A motion was made to accept this informational report.
10.6. ID-2022-499 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute Amendment No. 4 To The Professional Services Agreement With EKI Environment and Water, Inc. To Increase The Total Compensation By $26,000.00, For A Total Amount Not-To-Exceed $441,500.00, For Environmental Services Related To The South Bayfront Pedestrian Bicycle Bridge Project, EPW17-112. (Pedro Jimenez)
City of Emeryville Page 3 of 7 Printed on 10/7/2022
City Council ACTION MINUTES October 4, 2022
Staff Report
EKI Previous Amendments and Initial Contract
Draft Resolution
Exhibit A - EKI Professional Services Contract 4th Amendment APPROVED Resolution No. 22-129
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-129
10.7. ID-2022-486 Marketplace Redevelopment Project: Amendments To Planned Unit Development/Preliminary Development Plan And Development Agreement (Charles S. Bryant / Miroo Desai)
Staff Report
Attachment 1 - Staff Report from September 20, 2022, with links to attachments
Attachments:
10.7.1. ID-2022-487 Second Reading And Adoption Of An 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, including Exhibit A: Revised Conditions of Approval
APPROVED Ordinance No. 22-009
Attachments:
A motion was made to approve the second reading and adoption of this Ordinance.
Enactment No: Ord No. 22-009
10.7.2. ID-2022-488 Second Reading And Adoption Of An 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
City of Emeryville Page 4 of 7 Printed on 10/7/2022
City Council ACTION MINUTES October 4, 2022
Report For Marketplace Redevelopment Project Certified By City Council On January 15, 2008)
Proposed Ordinance, including Exhibit A: First Major Amendment to the Public Market Development Agreement
APPROVED Ordinance No. 22-010
Attachments:
A motion was made to approve the second reading and adoption of this Ordinance.
Enactment No: Ord No. 22-010
11. PUBLIC HEARINGS
11.1. ID-2022-538 Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To Brannon Corporation Inc. For Night Work Related To Beach Cleaning Operations As Part Of The Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 17240005) To Occur On Dates To Be Determined Between October 5, 2022 And October 28, 2022. (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)).
Staff Report
Draft Resolution
APPROVED Resolution No. 22-130
Attachments:
Pubic Works Director Mohamed Alaoui made a presentation and answered Council Member questions.
PUBLIC HEARING OPENED: 7:59 p.m.
There were no public comments.
PUBLIC HEARING CLOSED: 7:59 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:
Ayes: Mayor Bauters, Vice Mayor Medina, Council Member Donahue, Council Member Martinez, and Council Member Welch
5 -
Enactment No: Reso No. 22-130
12. ACTION ITEMS
12.1. ID-2022-498 Discussion On Whether To Approve A Resolution Of The City Council Of The City Of Emeryville Opposing The Two Statewide Ballot Measures That Would Expand Gaming In California. (Bauters) City of Emeryville Page 5 of 7 Printed on 10/7/2022
City Council ACTION MINUTES October 4, 2022
Staff Report
Draft Resolution
CA Cities Gaming Authority Comparative Analysis of Sport Wagering Initiatives
APPROVED Resolution No. 22-131
Attachments:
Niccolo DeLuca of Townsend Public Affairs made a presentation and answered Council Member questions.
A motion was made by Mayor Bauters, 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. 22-131
12.2. ID-2022-490 Report To The City Council Of The City Of Emeryville For Recommendations Made By The Parks and Recreation Committee For Council Consideration
Staff Report
Parks and Recreation Committee Nature Play Recommendations Children's Bill of Rights
CIP Budget 2019-CF-01
Eastshore State Park General Plan - Emeryville Crescent Management Zone
Attachments:
Interim Community Services Director Rebecca Sermeno gave a presentation and answered Council Member questions. Committee members Gail Donaldson and Patricia Weber also made remarks regarding the report.
12.3. ID-2022-493 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. (April Richardson) (In Conjunction With MESA Agenda Item 6.1 And Successor Agency Agenda Item 7.1)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-132
Attachments:
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 -
City of Emeryville Page 6 of 7 Printed on 10/7/2022
City Council ACTION MINUTES October 4, 2022
Enactment No: Reso No. 22-132
13. DEPARTMENT HEAD REPORTS
13.1. ID-2022-489 Planning Director's report on Planning Commission actions at the September 22, 2022 meeting:
(a) Sidewalk Café and Parklet Regulation Amendments. Consideration of amendments to Article 15 of Chapter 5 of the Planning Regulations in Title 9 of the Emeryville Municipal Code to make permanent certain temporary regulations pertaining to sidewalk cafes and parklets that were enacted due to the COVID-19 pandemic, and to make other related amendments.*
* Item requires City Council approval, and is scheduled for consideration by the Council on October 18, 2022.
The packet for the September 22, 2022 Planning Commission meeting can be viewed online at
<http://ca-emeryville.civicplus.com/Archive.aspx?AMID=43&Type=Rec ent>
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
There were no requests from Council Members.
15. ADJOURNMENT
The meeting adjourned at 8:37 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
City of Emeryville Page 7 of 7 Printed on 10/7/2022