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 Sukhdeep Kaur
Council Member David Mourra
Council Member Kalimah A. Priforce
Members:
--AMENDED--
CITY OF EMERYVILLE
Tuesday, July 18, 2023 7:16 PM Council Chambers / Teleconference
1. CALL TO ORDER
The meeting was called to order at 7:35 p.m.
2. ROLL CALL
Mayor John J. Bauters
Vice Mayor Courtney Welch
Council Member Sukhdeep Kaur
Council Member David Mourra
Council Member Kalimah A. Priforce
Present: 5 -
3. APPROVAL OF FINAL AGENDA
A motion was made by Vice Mayor Welch, seconded by Council Member Mourra, to approve the final agenda amended to exclude items 10.8 and 10.9. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, Council Member Mourra, and Council Member Priforce
5 -
4. SPECIAL ORDERS OF THE DAY
4.1. ID-2023-298 Proclamation Of The City Council Of The City Of Emeryville Honoring Charles S. Bryant Upon The Occasion Of His Retirement From The City Of Emeryville After More Than Twenty-Three Years Of Continuous And Outstanding Service
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
7. CITY MANAGER'S REPORT
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City Council ACTION MINUTES July 18, 2023
8. EX PARTE COMMUNICATIONS
Mayor Bauters reported on item 12.1 meeting with various representatives of Granite Expo, that he received letters from the Buttner Property, and he met with Bike East Bay, the Alameda CTC, the Park Business Center HOA, and a couple of residents. Vice Mayor Welch reported on item 12.1 that she received an email from the Buttner Property, and a letter from Emily Riggs. Council Members Priforce, Kaur, and Mourra reported on item 12.1 that they received communications from Granite Expo and their consultant.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA There were no public comments.
10. CONSENT ITEMS
A motion was made by Vice Mayor Welch, seconded by Council Member Mourra, to approve items 10.1 - 10.7 and 10.10 - 10.16 on the Consent Agenda . The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, Council Member Mourra, and Council Member Priforce
5 -
10.1. ID-2023-293 Warrants. (Lawrence Chiu)
Staff Report City
Wire Transfers City
Check Register City
Attachments:
A motion was made to accept this Informational Report.
10.2. ID-2023-301 Action Minutes Of The July 5, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2023-302 Action Minutes Of The July 5, 2023, Special City Council Study Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2023-304 Action Minutes Of The July 5, 2023, City Of Emeryville Special City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
City of Emeryville Page 2 of 11 Printed on 9/6/2023
City Council ACTION MINUTES July 18, 2023
10.5. ID-2023-303 Action Minutes Of The July 5, 2023, City Of Emeryville Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.6. ID-2023-282 Resolution Of The City Council Of The City Of Emeryville Authorizing A Second Amendment Of The Professional Services Contract With West Coast Code Consultants (WC3) For Fiscal Year 2022-2023 For Building Division Services In An Amount Of $250,000 To Cover Expanded Services For A Total Amount Not To Exceed $3,091,714 And Increasing Revenues And Expenditures In The Building Division Budget For Fiscal Year 2022-2023 (Charles S. Bryant / Victor R.
Gonzales)
Staff Report
Professional Services Contract with WC3
First Amendment to Contract with WC3
Draft Resolution
Exhibit A - Second Amendment to Contract with WC3
APPROVED Resolution No. 23-92
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-92
10.7. ID-2023-262 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Second Amendment To The
Professional Services Contract With Urban Planning Partners (UPP) Increasing The Total By $149,008 From $315,234 To $464,242 For Preparation Of A CEQA Compliant Environmental Document For The 5801 Christie Avenue Mixed Use Project Located At 5801 And 5681 Christie Avenue And Appropriating $49,008 In Expenditures To Division 1725, “Planning Reimbursables”, Account 80050, Professional Services. (Charles S. Bryant / Miroo Desai) Staff Report
Professional Services Contract with UPP
First Amendment to Professional Services Contract with UPP Draft Resolution
Exhibit A - Second Amendment to Professional Services Contract with UPP
APPROVED Resolution No. 23-93
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-93
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City Council ACTION MINUTES July 18, 2023
10.8. ID-2023-261 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept In-Lieu Funds From BRE-BMR 53rd LP To Contribute Towards Emergency Operations Center Upgrade/Hollis Street Fire Station, In An Amount Of $1,475,000, And Appropriate The Said Sum To Developer Contribution Fund 473, Account 63070, Project Number 16475004 When Received. (Charles S. Bryant / Miroo Desai)
Staff Report
Draft Resolution
APPROVED Resolution No. 23-94
Attachments:
Mayor Bauters recused himself as he owns property within 1,000 ft. of the project.
A motion was made Council Member Mourra, seconded by Council Member Kaur, to approve the Resolution. The motion carried by the following vote:
Ayes: Vice Mayor Welch, Council Member Kaur, Council Member Mourra, and Council Member Priforce
4 -
Recused: 1 - Mayor Bauters
Enactment No: Reso No. 23-94
10.9. ID-2023-249 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Professional Services Contract With Operation Dignity, Inc. To Provide Homeless Support Services In An Amount Not To Exceed $293,830 For Fiscal Year 2023-2024, $293,830 For Fiscal Year 2024-2025, And $293,830 For Fiscal Year 2025-2026 For A Total Contract Amount Not To Exceed $881,490. (Charles S. Bryant / Chadrick Smalley / Charles Harris) Staff Report
Draft Resolution
Exhibit A - Professional Services Contract with Operation Dignity, Inc APPROVED Resolution No. 23-95
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 Kaur, Council Member Mourra, and Council Member Priforce
5 -
Enactment No: Reso No. 23-95
10.10. ID-2023-254 Resolution Of The City Council Of The City Of Emeryville Approving The Scope Of Work For And Authorizing The City Engineer To Advertise For Public Bids For The Construction Of Sanitary Sewer City of Emeryville Page 4 of 11 Printed on 9/6/2023
City Council ACTION MINUTES July 18, 2023
Spot Repairs As Part Of The Sanitary Sewer Rehabilitation Program, Fiscal Year 2023/2024, Project No. 15511005. (Mohamed Alaoui/Nik Ignacio)
Staff Report
Attachment A - Project Location Map
Attachment B - Spot Repair Schedule of Descriptions
Draft Resolution
APPROVED Resolution No. 23-96
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-96
10.11. ID-2023-273 Local Road Safety Plan (LRSP) Grant: (Mohamed Alaoui / Ryan O'Connell)
Attachments: Staff Report
10.11. 1.
ID-2023-286 Resolution Of The City Council Of The City Of Emeryville Accepting $40,000 In Grant Funding From Caltrans For Completing A Local Roadway Safety Plan
Resolution - Accept LRSP Funds
Exhibit A - Supplemental Agreement LRSP
APPROVED Resolution No. 23-97
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-97
10.11. 2.
ID-2023-287 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute All Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, And Any Amendments Thereto With California Department Of Transportation
Resolution - Blanket Signature Authority
APPROVED Resolution No. 23-98
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-98
10.12. ID-2023-296 Resolution Of The City Council Of The City Of Emeryville Accepting The Davenport Mini-Park Renovation Project, (CIP No. 16475017), As Complete And Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk. (Mohamed Alaoui / Pedro Jimenez)
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City Council ACTION MINUTES July 18, 2023
Staff Report
Draft Resolution
APPROVED Resolution No. 23-99
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-99
10.13. ID-2023-288 Resolution Of The City Council Of The City Of Emeryville Recognizing The Emeryville Police Managers Association (EPMA) As An Employee Organization And As The Sole Bargaining Representative For Employees Previously Represented By The Confidential Administrative, Managerial, And Professional Employees (CAMP) Employee Organization. (Lilybell Nakamura)
Staff Report
Petition of Support
Resolution MA06-10
Resolution 86-05
Draft Resolution
APPROVED Resolution No. 23-100
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-100
10.14. ID-2023-309 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept A Grant Award On Behalf Of The Police Department, From The FY2023 Byrne Justice Assistance Grant (JAG) In The Amount Of $10,977.30 For Funds Related To Conducted Energy Devices. (Jeff Jennings / Oliver Collins)
Staff Report
Draft Resolution
FY23 Sheriff Award Letter
Certs & Assurances
APPROVED Resolution No. 23-101
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-101
10.15. ID-2023-310 Resolution Of The City Council Of The City Of Emeryville Removing The Police Chief Position From Representation By The Confidential Administrative, Managerial, And Professional Employees (CAMP) Employee Organization To Unrepresented. (Lilybell Nakamura) City of Emeryville Page 6 of 11 Printed on 9/6/2023
City Council ACTION MINUTES July 18, 2023
Staff Report
Draft Resolution
APPROVED Resolution No. 23-102
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-102
10.16. ID-2023-311 Resolution Of The City Council Of The City Of Emeryville Approving And Adopting A Memorandum Of Understanding Between The City Of Emeryville And The Emeryville Police Officers Association (POA), Authorizing The City Manager To Execute The Memorandum Of Understanding, And Approving The Amendment To The City’s Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5. (Lilybell Nakamura) Staff Report
Draft Resolution
Draft MOU - redlined
Draft MOU - clean
APPROVED Resolution No. 23-103
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-103
11. PUBLIC HEARINGS
11.1. ID-2023-305 Resolution Of The City Council Of The City Of Emeryville Establishing The Fiscal Year 2024 Property And Business Improvement District (PBID) Annual Assessment Levy For The Respective Parcels Within The Improvement District With A 3% Rate Increase On All Parcels, And Approving The Preliminary Budget Submitted By The Emeryville Transportation Management Association (ETMA) For Service Year 2024. (Lawrence Chiu)
Staff Report
Attachment 1 - ETMA 2024 Preliminary Budget
Attachment 2 - ETMA 2022 Annual Report
Attachment 3 - ETMA 2014-2023 Ridership Report
Attachment 4 - FY 2024 Preliminary Assessment Levy 3% Increase Draft Resolution
APPROVED Resolution No. 23-104
Attachments:
PUBLIC HEARING OPENED: 8:02 p.m.
PUBLIC HEARING CLOSED: 8:03 p.m.
A motion was made by Vice Mayor Welch, seconded by Mayor City of Emeryville Page 7 of 11 Printed on 9/6/2023
City Council ACTION MINUTES July 18, 2023
Bauters, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, Council Member Mourra, and Council Member Priforce
5 -
Enactment No: Reso No. 23-104
11.2. ID-2023-272 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Amending Chapter 9 Of Title 4 Of The Emeryville Municipal Code, “Vehicular Traffic And Parking” (CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15378 And 15061(B)(3)). (Mohamed Alaoui / Josie Ahrens) Staff Report
Draft Ordinance
Exhibit A - Curb Color Request Form
Exhibit B - Curb Color Process
Attachments:
Public Works Management Analyst Josie Ahrens made a presentation and answered Council Member questions.
PUBLIC HEARING OPENED: 8:07 p.m.
PUBLIC HEARING CLOSED: 8:08 p.m.
A motion was made by Mayor Bauters, seconded by Vice Mayor Welch, to read this Ordinance by title only. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, Council Member Mourra, and Council Member Priforce
5 -
A motion was made by Council Member Kaur, seconded by Vice Mayor Welch, to adopt first reading of this Ordinance. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, Council Member Mourra, and Council Member Priforce
5 -
12. ACTION ITEMS
12.1. ID-2023-289 40th Street Multimodal Project: (Mohamed Alaoui / Ryan O'Connell) Staff Report
Attachment A - Original Professional Services Contract
Exhibit A - Original Scope of Work
Attachment B - First Amendment (Diablo)
Exhibit A-1 - Task 8 for 1st Amendment
Exhibit A-2 - Task 9 for 1st Amendment
Attachment C - Phase 1 and Phase 2 Map
Attachments:
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City Council ACTION MINUTES July 18, 2023
Senior Civil Engineer Ryan O'Connell made a presentation and answered Council Member questions.
19 speakers.
12.1.1. ID-2023-290 Resolution Of The City Council Of The City Of Emeryville Approving Concept Of Closing Unsignalized Intersections On The North Side Of 40th Street (Watts, Haven, Holden, And Hubbard) As Part Of The 40th Street Multimodal Project
Draft Resolution
APPROVED Resolution No. 23-105
Attachments:
A motion was made by Council Member Kaur, seconded by
Council Member Mourra, to adopt this Resolution as amended.
The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, and Council Member Mourra
4 -
Noes: 1 - Council Member Priforce
Enactment No: Reso No. 23-105
12.1.2. ID-2023-291 Resolution Of The City Council Of The City Of Emeryville Approving Addition Of New Scope Of Work (Exhibit A-1) Related To
Additional Design Work For Unsignalized Intersections On The North Side Of 40th Street As Part Of The 40th Street Multimodal Project Into The Professional Services Contract With Diablo Engineering Group
Draft Resolution
Exhibit A-1 - Task 8 for 1st Amendment
APPROVED Resolution No. 23-106
Attachments:
A motion was made by Council Member Kaur, seconded by
Council Member Mourra, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, and Council Member Mourra
4 -
Noes: 1 - Council Member Priforce
Enactment No: Reso No. 23-106
12.1.3. ID-2023-292 Resolution Of The City Council Of The City Of Emeryville Approving Addition Of New Scope Of Work (Exhibit A-2) Related To Design Of The 40th Street Multimodal Project Phase 2: Bay Trail Gap Closure (CIP No. SUT-05) Into The Professional Services Contract With Diablo Engineering Group
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City Council ACTION MINUTES July 18, 2023
Draft Resolution
Exhibit A-2 - Task 9 for 1st Amendment
APPROVED Resolution No. 23-107
Attachments:
A motion was made by Council Member Kaur, seconded by
Council Member Mourra, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, Council Member Mourra, and Council Member Priforce
5 -
Enactment No: Reso No. 23-107
12.1.4. ID-2023-295 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 Diablo Engineering Group For Additional Services As Described In Exhibit(s) ___________, Increase The Total Compensation By
$___________, For A Total Amount Not To Exceed
$___________
Attachment A - Original Professional Services Contract
Attachment B - First Amendment (Diablo)
Draft Resolution
Exhibit A-1 - Task 8 for 1st Amendment
Exhibit A-2 - Task 9 for 1st Amendment
APPROVED Resolution No. 23-108
Attachments:
A motion was made by Council Member Kaur, seconded by
Council Member Mourra, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, and Council Member Mourra
4 -
Noes: 1 - Council Member Priforce
Enactment No: Reso No. 23-108
13. DEPARTMENT HEAD REPORTS
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
The meeting adjourned at 9:45 p.m.
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City Council ACTION MINUTES July 18, 2023
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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