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, November 15, 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 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 Martinez, to approve the final agenda. 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
City Clerk April Richardson announced that the application deadline has been extended to November 30, 2022, for the current committee vacancies.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
Vice Mayor Medina attended the Mayor's conference in Hayward; City of Emeryville Page 1 of 7 Printed on 7/6/2023
City Council ACTION MINUTES November 15, 2022
Mayor Bauter's is in Egypt at the COP 27 Climate Conference.
7. CITY MANAGER'S REPORT
Interim City Manager Adam Politzer reported on two events over the weekend: a bomb threat on Saturday in the 2000 block of Powell that turned out to be a package; and on Sunday a 4-car derailment on the train tracks. No one was injured in either incident. He also announced that the City is planning for the Christmas Parade and Tree Lighting on December 2, at 5:30 p.m.
8. EX PARTE COMMUNICATIONS
All of the Council Members reported ex parte communications with the applicant or resident emails related to item 11.1.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA
1. Craig Davis commented and submitted a letter regarding use of cyclist video.
2. Anonymous 1 stated that the City of Emeryville does not like cyclists.
3. Tony Martinez is in favor of using cyclist videos.
4. Bruce Dughi is in favor of using cyclist videos.
10. CONSENT ITEMS
Approval of the Consent Agenda
A motion was made by Council Member Martinez, seconded by Council Member Welch, 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-2022-601 Warrants. (Bill Zenoni / Peggy Xu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
A motion was made to approve this Informational Report.
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City Council ACTION MINUTES November 15, 2022
10.2. ID-2022-594 Action Minutes Of The November 1, 2022, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2022-595 Action Minutes Of The November 1, 2022, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2022-592 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Contract With KNN Public Finance, LLC, For A Total Amount Not To Exceed $56,000 For Municipal Advisory Services To Assist With
Implementation Of The $50 Million Measure C General Obligation (GO) Bond Program. (Bill Zenoni / Chadrick Smalley)
Staff Report
Draft Resolution
Exhibit A: Professional Services Contract
APPROVED Resolution No. 22-149
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-149
10.5. ID-2022-587 Report To The City Council Of The City Of Emeryville For Recommendations Made By The Commission on Aging To Accept This Age Friendly Communities Action Plan For Consideration As A Source Document For Community Improvements. (Rebecca Sermeno / Kim Burrowes)
Staff Report
Emeryville Action Plan
Attachments:
A motion was made to accept this Informational Report.
10.6. ID-2022-591 Resolution Of The City Council Of The City Of Emeryville Authoring The City Manager To Enter Into A First Amendment To The Professional Services Contract With Kidango, Inc. To Reduce The Services Provided Due To A Significant Increase In The Cost Of Food For Daily Meal Service As A Result Of A Significant Increase In The Rate Of Inflation Since The Contract Was Executed (Rebecca Sermeno)
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City Council ACTION MINUTES November 15, 2022
Staff Report
Kidango, Inc. Professional Services Contract
Draft Resolution
Exhibit A: Professional Services Contract - 1st Amendment APPROVED Resolution No. 22-150
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-150
10.7. ID-2022-581 Resolution Of The City Council Of The City Of Emeryville Approving The Annual Development Impact Fee Report For Fiscal Year 2021-2022. (Charles S. Bryant)
Staff Report
Draft Resolution
Exhibit A - Impact Fee Annual Report FY 21-22
APPROVED Resolution No. 22-151
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-151
10.8. ID-2022-550 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A First Amendment To The
Professional Services Contract With Alta Planning + Design, Inc. To Prepare The Active Transportation Plan In An Amount Of $60,000 To Cover Expanded Services For A Total Amount Not To Exceed $425,000 And Appropriating $60,000 From The General Plan Maintenance Fund Balance (Fund 225) To Account 80050,
Professional Services, In The Fund 225 General Plan Maintenance Budget. (Charles S. Bryant / Navarre Oaks)
Staff Report
Professional Services Contract
Draft Resolution
Exhibit A - First Amendment to Professional Services Contract APPROVED Resolution No. 22-152
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 22-152
10.9. ID-2022-552 Adoption Of 2022 California Building Standards Code And Local Amendments: (Charles S. Bryant / Victor Gonzales)
Staff Report
Attachment 1 - Staff Report from November 1, 2022
Attachments:
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City Council ACTION MINUTES November 15, 2022
10.9.1. ID-2022-553 Second Reading And Adoption 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) and (5))
Proposed Ordinance
APPROVED Ordinance No. 22-013
Attachments:
A motion was made to approve this Ordinance.
Enactment No: Ord No. 22-013
10.9.2. ID-2022-554 Second Reading And Adoption 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) and (5)) Proposed Ordinance
APPROVED Ordinance No. 22-014
Attachments:
A motion was made to approve this Ordinance.
Enactment No: Ord No. 22-014
11. ACTION ITEMS
11.1. ID-2022-583 Resolution Of The City Council Of The City Of Emeryville Approving EAH Housing As The First Choice Developer And Related
California/East Bay Asian Local Development Corporation As The Second Choice Developer For The Redevelopment Of 5890, 5900 And 6150 Christie Avenue, Authorizing The City Manager To Execute An Exclusive Right To Negotiate Agreement With The Selected Developer, And Accepting And Appropriating The $100,000 Non-Refundable Deposit To The Fiscal Year 2022-2023 Budget For Professional Services For Capital Improvement Project H-02, Christie Housing Site. (Charles S. Bryant / Chadrick Smalley / Valerie F.
Bernardo)
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City Council ACTION MINUTES November 15, 2022
Staff Report
Attachments 1-5 - Christie Sites Developer Selection
Draft Resolution
Exhibit A to Resolution - Form of Christie Sites ERN
APPROVED Resolution No. 22-153
Attachments:
Community & Economic Development Coordinator Valerie Bernardo gave the staff presentation and answered Council member questions.
Bianca Neumann from EAH Housing and Ann Silverberg from Related California/EBALDC also gave presentations.
Public Comment:
1. Beth Rosalez supports the EBALDC proposal.
2. Dianne Woods is in favor of the staff recommendation.
3. Godfrey Williams is in favor of the EBALDC proposal.
4. Brian Donahue asked why staff is accepting proposals that separate residents into buildings by income and why none of the proposals offer park acreage to support the new population.
5. Ron Henmi provided a written comment that supports the staff recommendation.
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: Bauters, Medina, Council Member Donahue, Council Member Martinez, and Welch
5 -
Enactment No: Reso No. 22-153
11.2. ID-2022-582 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 $2,198,806.84 With Diablo Engineering Group For Professional Design Consultant Services For The 40th Street Transit-Only Lanes And Multimodal Enhancements Project, (CIP Project T-13). (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
Diablo Professional Services Contract
APPROVED Resolution No. 22-154
Attachments:
Senior Civil Engineer Ryan O'Connell gave a presentation and answered Council member questions.
Public Comment:
1. John stated that it is hard to recognize the walkway near IKEA and he hopes that the plans accommodate a 2-way walking path on either side of the street.
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City Council ACTION MINUTES November 15, 2022
2. Brian Donahue does not agree that housing is more important than parks.
A motion was made by Vice Mayor Medina, seconded by Council Member Donahue, 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. 22-154
11.3. ID-2022-586 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. 22-155
Attachments:
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: Bauters, Medina, Council Member Donahue, Council Member Martinez, and Welch
5 -
Enactment No: Reso No. 22-155
12. DEPARTMENT HEAD REPORTS
City Attorney John Kennedy made some clarifying comments about the use and admissibility of cyclist videos.
13. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Council Member Martinez reminded staff that a report on Council Committee Liaison structure and alternatives is outstanding. Mayor Bauters received majority support to work with staff on the item.
14. ADJOURNMENT
The meeting adjourned at 9:18 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
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