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, November 1, 2022 7:16 PM Teleconference
1. CALL TO ORDER
The meeting convened at 7:22 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 Welch's absence was excused per the Council Rules of Procedure.
Council Member Scott Donahue
Council Member Dianne Martinez
Present: 2 -
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: 4 - Bauters, Medina, Council Member Donahue, and Council Member Martinez
Absent: 1 - Welch
City of Emeryville Page 1 of 11 Printed on 5/2/2023
City Council ACTION MINUTES November 1, 2022
4. SPECIAL ORDERS OF THE DAY
4.1. ID-2022-541 Proclamation Of The City Council Of The City Of Emeryville Proclaiming November 13-19, 2022, As “United Against Hate Week” In The City Of Emeryville
Attachments: Proclamation
4.2. ID-2022-574 Proclamation Of The City Council Of The City Of Emeryville In Support Of Human Rights In Iran
Attachments: Proclamation
The Mayor presented the Proclamation to Jaleh Niazi and Kevah Niazi, who thanked the Council for their support.
4.3. ID-2022-575 Proclamation Of The City Council Of The City Of Emeryville Declaring Saturday, November 26, 2022, Small Business Saturday In The City of Emeryville
Attachments: Proclamation
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
City Clerk April Richardson announced that the Committee Recruitment is open and applications are due on November 21, 2022.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
The Mayor congratulated the Emery High School students who participated in the soil sample lead testing; stated that he and three other Council Members had attended the Halloween parade at City Hall with the Emeryville Child Development Center children and their families; and gave kudos to all the staff that were involved in the submission of the Draft Housing Element, which received no comments from the state and is ready for submission.
7. CITY MANAGER'S REPORT
Interim City Manager Adam Politzer announced that he had attended the Halloween Parade at City Hall and thanked Council, staff, and the children and families from ECDC for their participation; that the Harvest Festival over the weekend was a big success and a great event; that the recruitment for the Finance Director will begin this week; and that the recruitment for the Community Services Director will open soon too.
8. EX PARTE COMMUNICATIONS
The Mayor announced that he has spoken with the organizer's of the e-Scooter event for item 11.2.
City of Emeryville Page 2 of 11 Printed on 5/2/2023
City Council ACTION MINUTES November 1, 2022
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA Brian Donahue stated that he does not agree with the Housing Element revisions.
10. CONSENT ITEMS
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: 4 - Bauters, Medina, Council Member Donahue, and Council Member Martinez
Absent: 1 - Welch
10.1. ID-2022-557 Warrants. (Peggy Xu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
A motion was made to adopt this Informational Report.
10.2. ID-2022-560 Action Minutes Of The October 18, 2022, Special City Council / MESA / Successor Agency Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the minutes.
10.3. ID-2022-562 Action Minutes Of The October 18, 2022, City Council Study Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the minutes.
10.4. ID-2022-561 Action Minutes Of The October 18, 2022, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the minutes.
10.5. ID-2022-548 Annual Development Impact Fee Report - Fiscal Year 2021-2022 (Charles S. Bryant)
City of Emeryville Page 3 of 11 Printed on 5/2/2023
City Council ACTION MINUTES November 1, 2022
Staff Report
Attachment 1 - Public Facilities Funded by Development Impact Fees Attachment 2 - Impact Fees Revenues, Expenditures, and Fund Balances - FY21-22
Attachment 3 - Impact Fee Budgets from FY 21-22 Budget
Attachment 4 - City of Emeryville Development Impact Fees FY21-22 Attachments:
A motion was made to adopt this Informational Report.
10.6. ID-2022-549 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Closeout Agreement By And Between The United States Environmental Protection Agency And The City Of Emeryville For The Purpose Of Managing Program Income From The Brownfield Revolving Loan Fund (Charles S. Bryant / Chadrick Smalley / Amber Evans)
Staff Report
Draft Resolution
Exhibit A - Form of Closeout Agreement
APPROVED Resolution No. 22-141
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-141
10.7. ID-2022-577 Resolution Of The City Council Of The City Of Emeryville Approving And Consenting To A Side Letter Of Agreement Between The Management Of Emeryville Services Authority (MESA) And SEIU Regarding Dispatch Shift Differential. (Trish Raver)
(In Conjunction With MESA Item 6.1)
Staff Report
Draft Resolution
Attachment 2 - Side Letter of Agreement
APPROVED Resolution No. 22-142
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-142
10.8. ID-2022-545 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Purchasing and License Agreement with Sun Ridge Systems, Inc. For The Software Licensing, Services, Support, and Hardware Necessary to Implement A Computer Aided Dispatch / Records Management System (CAD & RMS) For The Police Department In An Amount Not to Exceed $422,000. (Jeff Jennings/Oliver Collins)
City of Emeryville Page 4 of 11 Printed on 5/2/2023
City Council ACTION MINUTES November 1, 2022
Staff Report
Draft Resolution
Exhibit A - Sun Ridge Systems Contract
APPROVED Resolution No. 22-143
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-143
10.9. ID-2022-547 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Agreement with PlaceWorks In An Amount Not To Exceed $80,124.00 For A Comprehensive Street Tree Audit And Roadmap To Future Expansion Of Emeryville’s Street Tree Inventory. CEQA Determination: Exempt Under Section 15061(b)(3). (Mohamed Alaoui/Nancy Humphrey) Staff Report
Draft Resolution
Exhibit A - Contract
APPROVED Resolution No. 22-144
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-144
10.10. ID-2022-559 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Contract In The Amount Of $190,000.00 With Crossroad Lab For On-Call Active Transportation Design Consultant Services For The Annual Street Rehabilitation And Preventive Maintenance Project, (CIP No. 17240005). (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
Exhibit A - Professional Services Contract (Crossroad Lab) APPROVED Resolution No. 22-145
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-145
10.11. ID-2022-551 Second Reading And Adoption 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)
City of Emeryville Page 5 of 11 Printed on 5/2/2023
City Council ACTION MINUTES November 1, 2022
Staff Report
Attachment 1 - Staff Report from October 18, 2022
Proposed Ordinance
APPROVED Ordinance No. 22-011
Attachments:
A motion was made to adopt this Ordinance.
Enactment No: 22-011
10.12. ID-2022-555 Second Reading And Adoption 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
Attachment 1 - Staff Report from October 18, 2022
Proposed Ordinance
APPROVED Ordinance No. 22-012
Attachments:
A motion was made to adopt this Ordinance.
Enactment No: Ord No. 22-012
11. ACTION ITEMS
11.1. ID-2022-579 Resolution Of The City Council Of The City Of Emeryville Approving And Consenting To An Agreement Of Employment Between The Management Of Emeryville Services Authority (MESA) And Paul Buddenhagen As City Manager And Authorizing The Chair Of The Board Of Directors To Execute Said Agreement On Behalf Of MESA. (John Bauters)
(In Conjunction With MESA Agenda Item 7.1)
Staff Report
Draft Resolution
Exhibit A - Agreement of Employment
APPROVED Resolution No. 22-146
Attachments:
Human Resources Director Trish Raver gave a brief overview of the recruitment process. Mr. Buddenhagen made comments and
expressed his excitement about working for Emeryville. Council members congratulated Mr. Buddenhagen.
PUBLIC COMMENT:
Brian Donahue stated that he hopes the new City Manager will be City of Emeryville Page 6 of 11 Printed on 5/2/2023
City Council ACTION MINUTES November 1, 2022
open and transparent.
A motion was made by Mayor Bauters, seconded by Vice Mayor Medina, to approve this Resolution. The motion carried by the following vote:
Ayes: 4 - Bauters, Medina, Council Member Donahue, and Council Member Martinez
Absent: 1 - Welch
Enactment No: Reso No. 22-146
City of Emeryville Page 7 of 11 Printed on 5/2/2023
City Council ACTION MINUTES November 1, 2022
11.2. ID-2022-580 Resolution Of The City Council Of The City Of Emeryville Appointing _____________ And ____________ To An Ad-Hoc Subcommittee For Planning The eSC eSkootr Championship: Emeryville Event And Authorizing The City Manager To Execute A Non-Binding Letter Of Intent To Negotiate And Enter Into An Event Hosting Agreement With WES Management (Charles Bryant/Chadrick Smalley)
Staff Report
Draft Resolution
Exhibit A - Letter of Intent
APPROVED Resolution No. 22-147
Attachments:
Richard Norton and Khalil Beschir gave a presentation and answered Council Member questions about the event. John Bauters and Ally Medina were appointed to the Ad-hoc Subcommittee.
A motion was made by Mayor Bauters, seconded by Council Member Martinez, to approve this Resolution amended to include the appointment of John Bauters and Ally Medina to the Ad-Hoc Subcommittee. The motion carried by the following vote:
Ayes: 4 - Bauters, Medina, Council Member Donahue, and Council Member Martinez
Absent: 1 - Welch
Enactment No: Reso No. 22-147
11.3. ID-2022-564 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 7.2 And Successor Agency Agenda Item 7.1)
Staff Report
Draft Resolution
APPROVED Resolution No. 22-148
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: 4 - Bauters, Medina, Council Member Donahue, and Council Member Martinez
Absent: 1 - Welch
Enactment No: Reso No. 22-148
11.4. ID-2022-570 Adoption Of 2022 California Building Standards Code And Local Amendments. (Charles S. Bryant / Victor Gonzales)
City of Emeryville Page 8 of 11 Printed on 5/2/2023
City Council ACTION MINUTES November 1, 2022
Attachments: Staff Report
11.4.1. ID-2022-571 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
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: Bauters, Medina, Council Member Donahue, and Council Member Martinez
4 -
Absent: 1 - Welch
A motion was made by Vice Mayor Medina, 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, and Council Member Martinez
4 -
Absent: 1 - Welch
11.4.2. ID-2022-572 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
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:. The motion carried by the following vote:
Ayes: Bauters, Medina, Council Member Donahue, and Council Member Martinez
4 -
Absent: 1 - Welch
A motion was made by Vice Mayor Medina, seconded by Council Member Donahue, to approve the first reading of this Ordinance.
City of Emeryville Page 9 of 11 Printed on 5/2/2023
City Council ACTION MINUTES November 1, 2022
The motion carried by the following vote:
Ayes: Bauters, Medina, Council Member Donahue, and Council Member Martinez
4 -
Absent: 1 - Welch
12. DEPARTMENT HEAD REPORTS
12.1. ID-2022-556 Planning Director's report on Planning Commission actions at the October 27, 2022 meeting:
(a) 58Fifty Shellmound Life Sciences Tower. A fourth study session to review a proposed 14-story, 265-foot-high building accommodating 353,540 square feet of life science use (“Research and
Development”), 30 affordable residential units, and approximately 2,300 square feet of ground floor community amenity space at 5850 Shellmound Way. The project includes demolition of an existing 61,000 square foot office building.
(b) Marketplace Redevelopment Project Parcels A and B.
Consideration of a new Final Development Plan to construct a new 432,158 square foot “Research and Development” building, a 5,182 square foot building “pavilion” building accommodating retail space and long term employee bicycle space, and a new parking garage accommodating 710 parking spaces on Parcels A and B of the Marketplace Redevelopment Project; and rescinding previously approved Final Development Plans for 167 residential units on Parcel A (FDP14-002), and for 150,00 square feet of “Research and Development” use on Parcel B (FDP18-001). The proposal also includes a Tree Removal Permit to remove five street trees located on Shellmound Street.*
(c) RATIO Identification Signs. Consideration of a Major Sign Permit for sitewide identification signs for the “RATIO” Business Center located at 6401 Hollis Street and 1480 64th Street. Proposed signs include an internally illuminated monument sign fronting 64th Street, a non-illuminated wall sign and non-illuminated monument sign fronting Overland Avenue, and two halo-lit wall signs fronting Hollis Street.* (d) Bay Street Identification Signs. Consideration of a Major Sign Permit for an illuminated “Bay St” monument sign at the northeast corner of Shellmound Street and Ohlone Way, and two painted “Bay St” wall signs on the parking garage portion of Building A.* * 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.
City of Emeryville Page 10 of 11 Printed on 5/2/2023
City Council ACTION MINUTES November 1, 2022
The packet for the October 27, 2022 Planning Commission meeting c a n b e v i e w e d o n l i n e a t
< h t t p : / / c a - e m e r y v i l l e . c i v i c p l u s . c o m / A r c h i v e . a s p x ? AMID=43&Type=Recent>
Deputy Director of Community Services Chadrick Smalley gave a brief update on the Planning Commission's actions.
13. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
There were no requests.
14. 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/ April Richardson, CMC
City Clerk
City of Emeryville Page 11 of 11 Printed on 5/2/2023