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 Courtney Welch
Council Member David Mourra
Council Member Kalimah A. Priforce
Council Member VACANT
Members:
--AMENDED--
CITY OF EMERYVILLE
Tuesday, February 7, 2023 7:16 PM Teleconference
1. CALL TO ORDER
The meeting convened at 7:27 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
Mayor John J. Bauters
Vice Mayor Courtney Welch
Council Member David Mourra
Council Member Kalimah A. Priforce
Present: 4 -
3. APPROVAL OF FINAL AGENDA
Mayor Bauters announced that item 11.1 will be continued to the meeting on February 21, 2023.
A motion was made by Mayor Bauters, seconded by Vice Mayor Welch, to approve the final agenda as amended. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Mourra, and Council Member Priforce
4 -
4. SPECIAL ORDERS OF THE DAY
Mayor Bauters read the City Council Resolution from 2022 in recognition of Black History Month.
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
City Clerk April Richardson stated that a new Advisory Body recruitment application period opens on February 17, 2023.
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City Council ACTION MINUTES February 7, 2023
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
There were no reports.
7. CITY MANAGER'S REPORT
City Manager Paul Buddenhagen did not have a report.
8. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA
1. Brian Donahue made comments about Black History month.
2. Josie Ahrens as the spokesperson for CAMP, asked the Council to consider recognizing Juneteenth as a City holiday.
10. CONSENT ITEMS
A motion was made by Vice Mayor Welch, seconded by Council Member Mourra, to approve the Consent Agenda. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Mourra, and Council Member Priforce
4 -
10.1. ID-2023-022 Warrants. (Bill Zenoni)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
A motion was made to accept this Informational Report.
10.2. ID-2023-026 Action Minutes Of The January 17, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2023-027 Action Minutes Of The January 17, 2023, City Council Study Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
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City Council ACTION MINUTES February 7, 2023
10.4. ID-2023-032 Action Minutes Of The January 17, 2023, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.5. ID-2023-029 Resolution Of The City Council Of The City Of Emeryville Appointing Standby Officers For Succession Of Council Member Kalimah Priforce In The Event Of A Declared Emergency For Calendar Year 2023. (April Richardson / Lorrayne Leong)
Staff Report
Attachment A - Government Code Sections 8635-8644
Draft Resolution
Exhibit A - 2023 Standby Officers Roster
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-12
10.6. ID-2022-653 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Request An Allocation Of $9,250,000 In Higher Impact Transformative Regional Early Action Planning Grant Funds From The California Department Of Housing And Community Development, Execute The Request For Funds, And Enter Into A California Standard Agreement. (Charles S. Bryant / Chadrick Smalley / Valerie Bernardo)
Staff Report
Draft Resolution
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-13
11. PUBLIC HEARINGS
11.1. ID-2023-018 Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For The Union Pacific Railroad Grade Crossings At 67th, 66th, And 65th Streets For A Seven Consecutive Day Period On Dates To Be Determined Between February 8, 2023 And November 17, 2023 To The City Of Emeryville, Bay Cities Paving & Grading Inc., And Union Pacific Railroad Corporation For Work Related To Track And Grade Crossing Improvements As Part Of The TCEP - Quiet Zone Safety Engineering Measures, Project No. EPW-18103 (CIP No. 19475008) (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 February 7, 2023
Staff Report
Draft Resolution
Attachments:
This item was continued to the meeting on February 21, 2023.
Public Comment
1. Brian Donahue continued his comments from earlier.
12. ACTION ITEMS
12.1. ID-2023-035 Reassessment of Bay Street-Shellmound Street Extension Assessment District: (Bill Zenoni / Monica Centeno)
Attachments: Staff Report
Finance Director Bill Zenoni gave an oral presentation and answered Council Member questions.
Public Comment
1. Brian Donahue complained about the lack of consistency in public comment time.
12.1.1. ID-2023-037 Resolution Of The City Council Of The City Of Emeryville Directing The Recordation Of Addendums To Notices Of Reassessment For Certain Assessment Districts, And Directing The Disposition Of Surplus Funds Related To The City’s Bay Street-Shellmound Street Extension Assessment District
Draft Resolution
Exhibit A
Attachments:
A motion was made by Council Member Mourra, seconded by Vice Mayor Welch, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Mourra, and Council Member Priforce
4 -
Enactment No: Reso No. 23-14
12.1.2. ID-2023-038 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Repealing Article 2 Of Chapter 2 Of Title 3 (Bay-Shellmound Contingent Assessment Special Fund) Of The Emeryville Municipal Code
Attachments: Draft Ordinance
A motion was made by Mayor Bauters, seconded by Council Member Mourra, to read this Ordinance by title only. The motion carried by the following vote:
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City Council ACTION MINUTES February 7, 2023
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Mourra, and Council Member Priforce
4 -
A motion was made by Vice Mayor Welch, seconded by Council Member Mourra, to approve first reading of this Ordinance. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Mourra, and Council Member Priforce
4 -
12.2. ID-2023-052 A Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute An Event Hosting Agreement With WES Management For The eSC eSkootr Championship Event To Be Held In Emeryville In 2023, 2024 And 2025. (Charles Bryant/Chadrick Smalley)
Staff Report
Draft Resolution
Exhibit A - eSkootr Championship Event Hosting Agreement Attachments:
Deputy Director of Community Development Chad Smalley gave a presentation and answered Council Member questions. Richard Norton from WES Management also made comments.
Public Comment
1. Brian Donahue commented that hosting this event is an improper use of public funds.
A motion was made by Mayor Bauters, seconded by Council Member Mourra, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Mourra, and Council Member Priforce
4 -
Enactment No: Reso No. 23-15
12.3. ID-2023-025 City Council Vacancy - Discussion Of Applicant Interview Format and Direction to Staff. (April Richardson)
Attachments: Staff Report
City Clerk April Richardson made a presentation and answered Council Member questions.
Public Comment
1. Brian Donahue questioned why the City Council decided to make an appointment instead of filling the vacancy through an election.
A substitute motion was made by Council Member Mourra, seconded by Vice Mayor Welch, to approve the interview process amended to City of Emeryville Page 5 of 8 Printed on 2/22/2023
City Council ACTION MINUTES February 7, 2023
include a preliminary review of applications received. The motion failed by the following vote:
Ayes: Vice Mayor Welch, Council Member Mourra
Noes: Mayor Bauters and Council Member Priforce
A motion was made by Mayor Bauters, seconded by Vice Mayor Welch, to approve the Council interview process as discussed. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Mourra, and Council Member Priforce
4 -
12.4. ID-2023-021 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
Attachments:
Public Comment
1. Brian Donahue commented that Zoom requires attendees to divulge personal information and that is a violation of the Brown Act.
A motion was made by Vice Mayor Welch, seconded by Council Member Mourra, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Mourra, and Council Member Priforce
4 -
Enactment No: Reso No. 23-16
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City Council ACTION MINUTES February 7, 2023
13. DEPARTMENT HEAD REPORTS
13.1. ID-2023-034 Planning Director's report on Planning Commission actions at the January 26, 2023 meeting:
(a) 65th Street Multi-Unit Residential Extension Request.
Consideration of a request for a two-year extension of a Conditional Use Permit and Design Review permit that was approved by the Planning Commission on December 9, 2021 for a new 24-unit residential building consisting of all 2- and 3-bedroom units at 1225 65th Street requiring a variance for the setback on the west side of the property.*
(b) Capital Improvement Program. A study session to review the proposed Capital Improvement Program (CIP) covering the five year period from 2023 to 2028.
(c) 9 Anchor Drive Residential Project. A study session to review a proposal to redevelop a 2.18-acre site at 9 Anchor Drive with 54 rental residential units. The project involves demolition of the existing Trader Vic’s restaurant building.**
* 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. ** This project was withdrawn by the applicant, so the study session was not held. Adjacent property owners and residents were notified of the withdrawal.
The packet for the January 26, 2023 Planning Commission meeting c a n b e v i e w e d o n l i n e a t
<https://www.ci.emeryville.ca.us/ArchiveCenter/ViewFile/Item/5365>
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Mayor Bauters requested and received majority support for a Proclamation for the people of Ukraine on the next meeting agenda.
Council Member Priforce requested and received majority support for a Proclamation for the people of Turkey and Syria impacted by the disaster on the next meeting agenda.
Vice Mayor Welch requested and received majority support for discussion of an ordinance to allow tenants to submit requests for their own bulky-trash pickup. This will be a study session item.
Council Member Priforce requested and received majority support for discussion of an ordinance to require full-time property management based on the number of units in the property. This will be a study session item.
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15. ADJOURNMENT
The meeting adjourned at 10:07 p.m. in memory of Tyre Nichols.
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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