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 18, 2022 7:16 PM Teleconference
1. CALL TO ORDER
The meeting convened at 7:17 p.m. via teleconference. 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
Council Member Scott Donahue
Council Member Dianne Martinez
Present: 2 -
3. APPROVAL OF FINAL AGENDA
A motion was made by Mayor Bauters, seconded by Vice Mayor Medina, to approve the final agenda amended to continue items
12.1.1 and 12.1.2 to the November 1, 2022, meeting. The motion carried by the following vote:
Ayes: Bauters, Medina, Council Member Donahue, Council Member Martinez, and Welch
5 -
4. SPECIAL ORDERS OF THE DAY
There were no special orders.
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
There was no report.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
Vice Mayor Medina announced that she and Mayor Bauters were City of Emeryville Page 1 of 9 Printed on 5/2/2023
City Council ACTION MINUTES October 18, 2022
crowned bike royalty at the JFK for Prom on the Prom event.
7. CITY MANAGER'S REPORT
Interim City Manager Adam Politzer welcomed Interim Finance Director Bill Zenoni.
8. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA
1. Chris McCormick asked the Council to consider requiring landlords to provide renters additional key fobs.
10. CONSENT ITEMS
Approval of the Consent Agenda
A motion was made to approve the Consent Agenda. The motion carried by the following vote:
Ayes: Bauters, Medina, Council Member Donahue, Council Member Martinez, and Welch
5 -
10.1. ID-2022-536 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-2022-532 Action Minutes Of The September 25, 2022, Special City Council / MESA Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the minutes.
10.3. ID-2022-531 Action Minutes Of The October 4, 2022, Special City Council / MESA Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the minutes.
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City Council ACTION MINUTES October 18, 2022
10.4. ID-2022-530 Action Minutes Of The October 4, 2022, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the minutes.
10.5. ID-2022-533 Bicycle / Pedestrian Advisory Committee Activities Update (Mohamed Alaoui/Matt Anderson)
Staff Report - Bicycle Pedestrian Advisory Committee Activities Update 2022
Attachment A - BPAC Motions June 2022 - Sept 2022
Attachment B - CVE Pilot Proposal
Attachments:
A motion was made to accept this Informational Report.
10.6. ID-2022-535 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Approve A First Amendment With The California Department Of Transportation (Caltrans) To The Agreement For Maintenance Of State Highways In The City Of Emeryville As It Relates To The Construction Of The Storm Drain Large Trash Separator Project, Project No. EPW-18107 (CIP No. 18475009). (Mohamed Alaoui/Nancy Humphrey)
Staff Report
Draft Resolution
Exhibit A
Exhibit B
APPROVED Resolution No. 22-133
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-133
10.7. ID-2022-534 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Contract With K.J. Woods Construction Inc., In An Amount Of $688,000 For The Construction Of The Storm Drain Large Trash Separator Project, Project No.
EPW-18107 (CIP No. 18475009). (Mohamed Alaoui / Michael Roberts)
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City Council ACTION MINUTES October 18, 2022
Staff Report
Draft Resolution
Exhibit A Contract
Exhibit A(1) Addenda - Plans and Specifications
Exhibit A(2) Project Specifications
Exhibit A(4) Project Plans
Exhibit A(5) Contractor's Bid and Proposal
Exhibit B - Insurance Requirements (DocuSign)
Exhibit C - Site Plan
Exhibit D Required Bond Documents
APPROVED Resolution No. 22-134
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-134
10.8. ID-2022-539 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A First Amendment Of The Contract With Schaaf And Wheeler For Additional Scope Related To Design And Construction Of A Large Trash Separator In Storm Drain Line In An Amount Not To Exceed $42,565.00 For A Total Contract Amount Not To Exceed $131,093.00, Project No. EPW 107-18, CIP No.
ST-13; CEQA Determination: Exempt Pursuant To State CEQA Guidelines 15061(b)(3). (Mohamed Alaoui / Nancy Humphrey) Staff Report
Draft Resolution
2021 Contract
Contract Amendment 1
APPROVED Resolution No. 22-135
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-135
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City Council ACTION MINUTES October 18, 2022
10.9. ID-2022-523 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Lease With Hong Kong East Ocean Restaurant, Ltd. For 3199 Powell Street (Portion Of APN 049-1525-002-01) (Charles S. Bryant / Chadrick Smalley) Staff Report
Draft Resolution
Exhibit A - Hong Kong East Ocean Lease
APPROVED Resolution No. 22-136
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-136
10.10. ID-2022-515 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The Grant Agreement With The City Of Oakland In The Amount Of $50,000 Per Year For FY2022-23 For The 8 To Go Paratransit Shuttle Service. (Rebecca Sermeno / Kim Burrowes)
Staff Report
Exhibit A - Grant Agreement with City of Oakland
Draft Resolution
APPROVED Resolution No. 22-137
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-137
10.11. ID-2022-542 Resolution Of The City Council Of The City Of Emeryville Accepting A Donation In The Amount Of $10,000 From Stanford Health Care To The City Of Emeryville Community Services Department To Support Annual Community Events. (Rebecca Sermeno)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-138
Attachments:
A motion was made to approve this Resolution.
Enactment No: 22-138
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City Council ACTION MINUTES October 18, 2022
11. PUBLIC HEARINGS
11.1. ID-2022-517 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Amending 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 (Charles S. Bryant)
Staff Report
Proposed Ordinance
Exhibit A - Proposed Planning Regulations Amendments
Attachments:
Community Development Director Charlie Bryant made a presentation and answered Council Member questions.
PUBLIC HEARING OPENED: 7:37 p.m.
There were no public comments.
PUBLIC HEARING CLOSED: 7:38 p.m.
A motion was made by Council Member Donahue, seconded by Council Member Welch, to read this Ordinance by title only. The motion carried by the following vote:
Ayes: Bauters, Medina, Council Member Donahue, Council Member Martinez, and Welch
5 -
A motion was made by Council Member Martinez, seconded by Council Member Donahue, to approve the first reading of this Ordinance. The motion carried by the following vote:
Ayes: Bauters, Medina, Council Member Donahue, Council Member Martinez, and Welch
5 -
11.2. ID-2022-506 Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For Weekend Work On 47th Street, Doyle Street, Steve Dain Drive, And 41st Street To Occur On Dates To Be Determined Between October 22, 2022 And December 4, 2022 To The City Of Emeryville And CF Contracting, Inc. For Work Related To Street Improvements As Part Of The Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)). (Ryan O'Connell / Mohamed Alaoui)
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City Council ACTION MINUTES October 18, 2022
Staff Report
Draft Resolution
APPROVED Resolution No. 22-139
Attachments:
Senior Civil Engineer Ryan O'Connell made a presentation and answered Council Member questions.
PUBLIC HEARING OPENED: 7:48 p.m.
There were no public comments.
PUBLIC HEARING CLOSED: 7:48 p.m.
A motion was made by Mayor Bauters, seconded by Vice Mayor Medina, to approve this Resolution amended to exclude the dates of November 26-27, 2022. The motion carried by the following vote:
Ayes: Bauters, Medina, Council Member Donahue, Council Member Martinez, and Welch
5 -
Enactment No: Reso No. 22-139
12. ACTION ITEMS
12.1. ID-2022-518 Adoption Of 2022 California Building Standards Code And Local Amendments. (Charles S. Bryant / Victor Gonzales)
Attachments: Staff Report
This item was continued to November 1, 2022.
12.1.1. ID-2022-519 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, And 10 Of Title 8 Of The Emeryville Municipal Code, Entitled “Building Regulations”, And Making Required Findings Relating To The Adoption And
Amendment Of The California Building Standards Code (CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15061(b)(3) And 15378(b)(2))
Attachments: Proposed Ordinance
This item was continued to November 1, 2022.
12.1.2. ID-2022-520 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Chapter 5 Of Title 4 Of The Emeryville Municipal Code, Entitled “Fire Code” And Making Required Findings Relating To The Adoption And Amendment Of The California Building Standards Code (CEQA Determination: Exempt Pursuant To CEQA
Guidelines Sections 15061(b)(3) And 15378(b)(2))
Attachments: Proposed Ordinance
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City Council ACTION MINUTES October 18, 2022
This item was continued to November 1, 2022.
12.2. ID-2022-521 Resolution Of The City Council Of The City Of Emeryville Approving The Purchase Of Artworks For The City’s Annual Purchase Award Program Entitled “Ant, Grasshopper, Mosquito, and Stag Beetle” By Emeryville Artist Ken Kalman With Funding Of Up To $26,100 From The Public Art Fund (Fund 243) For The Purchase And Installation Of The Artworks, And Acknowledging Cesar Cuerva And Tali Grinshpan As The First And Second Honorable Mentions (Charles S. Bryant / Chadrick Smalley / Amber Evans)
Staff Report
Attachment 1 - Artwork Images and Artists' Biographies
Draft Resolution
APPROVED Resolution No. 22-140
Attachments:
Community Development Coordinator Amber Evans and consultant Amy Kweskin made a presentation and answered Council Member questions.
A motion was made by Council Member Donahue, seconded by Council Member Martinez, to approve this Resolution. The motion carried by the following vote:
Ayes: Bauters, Medina, Council Member Donahue, Council Member Martinez, and Welch
5 -
Enactment No: Reso No. 22-140
12.3. ID-2022-522 Introduction And Waiver Of First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Amending Chapter 4 Of Title 5 Of The Emeryville Municipal Code, “Cabarets And Dances” (CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15061(b)(3), 15378(a) And 15378(b)(3)) (Charles S. Bryant / Chadrick Smalley)
Staff Report
Proposed Ordinance
Attachments:
Deputy Director of Community Development Chad Smalley made a presentation and answered Council Member questions.
Public Comment:
1. Craig Davis asked about item 10.5.
A motion was made by Vice Mayor Medina, seconded by Council Member Donahue, to read this Ordinance by title only. The motion carried by the following vote:
Ayes: Bauters, Medina, Council Member Donahue, Council Member Martinez, and Welch
5 -
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City Council ACTION MINUTES October 18, 2022
A motion was made by Mayor Bauters, seconded by Vice Mayor Medina, to approve the first reading this Ordinance. The motion carried by the following vote:
Ayes: Bauters, Medina, Council Member Donahue, Council Member Martinez, and Welch
5 -
12.4. ID-2022-516 Update And Overview Of East Bay Community Energy (EBCE)’s Local Programs. (Mohamed Alaoui/Nancy Humphrey)
Attachments: EBCE 2022 Update Staff Report
Environmental Programs Supervisor Nancy Humphrey and JP Ross from East Bay Community Energy made a presentation and answered Council Member questions.
Public Comment:
1. Matt Turner commented that he is worried about other sources taking funding from the programs.
The Council received this Informational Report.
13. DEPARTMENT HEAD REPORTS
There were no reports.
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Mayor Bauters asked for and received majority support to present a proposal for the City to host an international e-scooter sporting event.
15. ADJOURNMENT
The meeting adjourned at 8:54 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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