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, September 5, 2023 7:16 PM Council Chambers / Teleconference
1. CALL TO ORDER
The meeting was called to order at 7:20 p.m.
2. ROLL CALL
Council Member Kaur joined the meeting via teleconference using the "just cause" provision of AB 2449. She stated that no one over 18 was present at her location.
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 Mayor Bauters, seconded by Council Member Mourra, to approve the final agenda as amended with the removal of item 10.12. 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
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
City Clerk April Richardson announced that there is a current recruitment open for Advisory Body vacancies. The application is available on the website and due October 16, 2023.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
City of Emeryville Page 1 of 10 Printed on 12/20/2023
City Council ACTION MINUTES September 5, 2023
7. CITY MANAGER'S REPORT
City Manager Paul Buddenhagen announced the movie at the ECCL pool on September 22 and the Fabulous Queer Film Festival - Fishnets and Film on September 17.
8. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA 4 speakers
10. CONSENT ITEMS
A motion was made by Mayor Bauters, seconded by Council Member Mourra, to approve items 10.1-10.9, 10.11, and 10.13-10.17. 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-2023-348 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-2023-312 Action Minutes Of The July 18, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2023-313 Action Minutes Of The July 18, 2023, Special City Council Study Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2023-316 Action Minutes Of The July 18, 2023, City Of Emeryville Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.5. ID-2023-332 Resolution Of The City Council Of The City Of Emeryville Amending The Meeting Location Of The Commission On Aging; And Amending City of Emeryville Page 2 of 10 Printed on 12/20/2023
City Council ACTION MINUTES September 5, 2023
The FY2023-24 Local Roster Of Boards, Commissions And
Committees Accordingly. (April Richardson / Lorrayne Leong) Staff Report
Draft Resolution
Exhibit A - Commission on Aging Roster
APPROVED Resolution No. 23-109
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-109
10.6. ID-2023-327 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Lease Agreement With Shamrock Office Solutions For The Lease Of Twenty-Two Multi-Function Printing Devices, Including All Service And Support For Sixty Months In The Amount Of Three Thousand Seven Hundred Sixty-Five Dollars ($3,765.00) Per Month Or Two Hundred Twenty-Five Thousand Nine Hundred Dollars ($225,900.00) Over The Course Of The Lease; And To Sign All Relevant And Necessary Documents Pertaining To The Execution Of The Lease. (Michael Parenti)
Staff Report
Draft Resolution
Lease Agreement
APPROVED Resolution No. 23-110
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-110
10.7. ID-2023-338 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Agreement With Patatas, LLC In An Amount Not To Exceed $126,500 For Fiscal Year 2023-24 To Provide Food Service At The Emeryville Child Development Center And Increase 5200-73600 Food Supplies By $46,500 For A Total Budget Of $146,500 And Transfer $46,500 From Measure F Fund 267-99650 To Fund 230-69994. (Rebecca Sermeno / Kim Burrowes)
Staff Report
Second RFP-Vended Food Program
Patatas LLC Proposal for Vended Meals
Draft Resolution
Professional Services Contract Patatas LLC
APPROVED Resolution No. 23-111
Attachments:
A motion was made to approve this Resolution.
City of Emeryville Page 3 of 10 Printed on 12/20/2023
City Council ACTION MINUTES September 5, 2023
Enactment No: Reso No. 23-111
10.8. ID-2023-339 Resolution Of The City Council Of The City Of Emeryville Authorizing Application For, And Receipt Of, Up To $136,000 In Grant Funds From Alameda County Area Agency On Aging Supportive Services Program For Senior Center Activities And Authorizing The City Manager To Execute Funding Agreements Through June 30, 2026 With The Alameda County Area Agency On Aging And To Appropriate The Funds To Account Number 5460-51100. (Rebecca Sermeno / Kim Burrowes)
Staff Report
Draft Resolution
FY23-26 SCA Agreement - Emeryville
APPROVED Resolution No. 23-112
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-112
10.9. ID-2023-321 Resolution Of The City Council Of The City Of Emeryville Authorizing The Execution Of The Second Amendment Of The Professional Services Contract With David Paul Rosen And Associates To Provide Developer Selection, Negotiation And Closing Assistance Services Associated With The Christie Sites, Increasing The Contract Amount By $50,000 To An As-Amended Total Amount Not To Exceed
$200,000 And Extending The Contract Term Ending To March 31, 2024. (Chadrick Smalley / Valerie Bernardo)
Staff Report
DRA Professional Services Contract
DRA PSC 1st Amendment
Draft Resolution
Exhibit A - DRA Second Contract Amendment
APPROVED Resolution No. 23-113
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-113
10.10. ID-2023-323 Resolution Of The City Council Of The City Of Emeryville Rescinding Resolution No. 23-94 And 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 $1,497,500, And Appropriate Said Sum To Developer Contribution Fund 473, Account 63070, Project Number 16475004 When Received. (Chadrick Smalley / Miroo Desai)
City of Emeryville Page 4 of 10 Printed on 12/20/2023
City Council ACTION MINUTES September 5, 2023
Staff Report
Draft Resolution
APPROVED Resolution No. 23-114
Attachments:
Mayor Bauters was recused as he owns property within 1,000 feet of the project.
A motion was made by Council Member Mourra, seconded by Council Member Priforce, 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. 23-114
10.11. ID-2023-330 Resolution Of The City Council Of The City Of Emeryville Accepting The MacArthur Boulevard Full Trash Capture Project, (CIP Project No. 18475009), As Complete And Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk. (Mohamed Alaoui / Nancy Humphrey)
Staff Report
Exhibit A - Construction Contract
Draft Resolution
APPROVED Resolution No. 23-115
Attachments:
A motion was made to approve this CC Resolution.
Enactment No: Reso No. 23-115
10.12. ID-2023-328 Resolution Of The City Council Of The City of Emeryville Accepting The Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005), As Complete; Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk; And Appropriating All Remaining CIP No. 17240005, 17250016, and 15475023 Project Balances Into CIP No. SUT-01. (Mohamed Alaoui / Ryan O'Connell) Staff Report
Draft Resolution
Attachments:
This item was pulled from the agenda at the request of the City Manager.
10.13. ID-2023-329 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Purchase One Pump And One Woodchipper Through A Sourcewell Awarded Contract, A Cooperative Purchasing Agreement, For A Total Amount Not To Exceed $141,387 For City of Emeryville Page 5 of 10 Printed on 12/20/2023
City Council ACTION MINUTES September 5, 2023
Emergency Response To Severe Climate-Related Events And Ongoing And Regular Needs. (Mohamed Alaoui / Daniel Gonzales) Staff Report
Attachment A – Pump Contract and Quote
Attachment B – Woodchipper Contract and Quote
Draft Resolution
APPROVED Resolution No. 23-116
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-116
10.14. ID-2023-317 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A First Amendment To The
Maintenance Services Agreement With Precision Concrete Inc. To Increase The Total Compensation By $208,000 For A Total Amount Not To Exceed $253,000 For On-Call Sidewalk Survey And Repairs As Part Of The Sustainable Streetscapes Project (SUT-01) And To Extend The Contract Term To December 31, 2026. (Mohamed Alaoui / Nik Ignacio)
Staff Report
Attachment A - Maintenance Services Contract
Draft Resolution
Exhibit A - Maintenance Services Contract First Amendment APPROVED Resolution No. 23-117
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-117
10.15. ID-2023-350 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Sixth Amendment To The
Professional Services Agreement With Coastland Civil Engineering, Inc. For City Engineering & Inspection Services, Capital Projects Delivery Support, And Construction Management Services To Extend The Termination Date To June 30, 2024, With No Increase In Contract Amount. (Mohamed Alaoui)
City of Emeryville Page 6 of 10 Printed on 12/20/2023
City Council ACTION MINUTES September 5, 2023
Staff Report
Attachment A-1 Initial Professional Services Contract
Attachment A-2 Professional Services Contract - 1st Amendment Attachment A-3 Professional Services Contract - 2nd Amendment Attachment A-4 Professional Services Contract - 3rd Amendment Attachment A-5 Professional Services Contract - 4th Amendment Attachment A-6 Professional Services Contract - 5th Amendment Draft Resolution
Exhibit A - Professional Services Contract – 6th Amendment APPROVED Resolution No. 23-118
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-118
10.16. ID-2023-326 Second Reading And Adoption 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
APPROVED Ordinance No. 23-002
Attachments:
A motion was made to approve this Ordinance.
Enactment No: Ord No. 23-002
10.17. ID-2023-353 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Apply For State Of California Community Resilience Center Grant Funds. (Paul Buddenhagen)
Staff Report
Draft Resolution
APPROVED Resolution No. 23-119
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-119
11. PUBLIC HEARINGS
12. ACTION ITEMS
12.1. ID-2023-318 Resolution Of The City Council Of The City Of Emeryville Adopting The City of Emeryville Page 7 of 10 Printed on 12/20/2023
City Council ACTION MINUTES September 5, 2023
Annual Statement Of Investment Policy And Delegation Of Authority To The Finance Director/Treasurer. (Lawrence Chiu / Monica Centeno) Staff Report
Draft Statement of Investment Policy (Redline)
Draft Resolution
Exhibit A - Statement of Investment Policy (Clean)
APPROVED Resolution No. 23-120
Attachments:
Finance Director Lawrence Chiu introduced a representative from Chandler Investment Management who made a presentation.
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. 23-120
12.2. ID-2023-319 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 Chandler Asset Management Increasing The Current Limits Set On The Amount Of Assets To Be Managed By $150 Million From $50 Million To $200 Million, Extending The Contract To June 30, 2027, And Increasing The Total Contract By $220,000 From $260,000 To $480,000 For Investment Advisory And Management Services. (Lawrence Chiu)
Staff Report
Professional Services Contract with Chandler
Draft Resolution
First Amendment to Professional Service Contract with Chandler APPROVED Resolution No. 23-121
Attachments:
Finance Director Lawrence Chiu introduced a representative from Chandler Investment Management who made a presentation.
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. 23-121
12.3. ID-2023-320 Resolution Of The City Council Of The City of Emeryville Establishing Fiscal Year 2024 Property Tax Levy Rate For The City’s General Obligation Bond Indebtedness (Measure C Affordable Housing Bond).
City of Emeryville Page 8 of 10 Printed on 12/20/2023
City Council ACTION MINUTES September 5, 2023
(Lawrence Chiu)
Staff Report
Draft Resolution
Exhibit A - Tax Rate Calculation based on FY 2024 Assessed Value APPROVED Resolution No. 23-122
Attachments:
Finance Director Lawrence Chiu made a presentation.
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 Kaur, Council Member Mourra, and Council Member Priforce
5 -
Enactment No: Reso No. 23-122
12.4. ID-2023-351 Council Consideration To Form An Ad Hoc Committee Of The City Council To Select A Park Name For the New City Park. (Pedro Jimenez)
Staff Report
CP 001 - Naming Dedication of City Facilities
Attachments:
A motion was made by Mayor Bauters, seconded by Council Member Mourra, to approve formation of an Ad Hoc Committee of Vice Mayor Welch, Council Member Mourra, and Patty Weber and Gail
Donaldson from the Parks and Recreation Committee. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, Council Member Mourra, and Council Member Priforce
5 -
13. DEPARTMENT HEAD REPORTS
13.1. ID-2023-251 Planning Director's report on Planning Commission actions at the August 24, 2023 meeting:
(a) Four-Unit Replacement, 1271 64th Street. Consideration of a recommendation to the City Council concerning a request to modify the conditions of approval of a Conditional Use Permit and Design Review proposal to construct four new units and demolish four existing units at a site that was previously approved to add additional floor area to an existing four-unit residential building at 1271 64th Street. This project was approved by the City Council on December 21, 2021 with a condition that the Applicant pay five times building permit fees as a penalty for work without permits. This request is to reduce or waive the penalty fee.*
(b) EmeryStation Research Campus Master Sign Program.
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City Council ACTION MINUTES September 5, 2023
Consideration of a Major Sign Permit for the EmeryStation Research Campus Master Sign Program, which is located approximately between 63rd Street to the north; Hollis Street and the Emeryville Greenway to the east; Powell Street to the south; and the Union Pacific railroad tracks to the west. The Master Sign Program would establish standards for a mix of site and tenant signage including monument, wall, and high-rise identification signs.**
ID-2023-355 (c) Bay Center Life Science Project. Consideration of a Conditional Use Permit and Design Review permit to construct a new six story, 96 -foot-tall building accommodating 210,000 square feet of Research and Development space and a new 505-space parking garage at 6475 Christie Avenue. The project includes removal of one street tree on 65th Street; and removal of parking lanes along the north side of 64th Street and along the south side of 65th Street to accommodate construction of new wider sidewalks.**
* This item is scheduled for a public hearing by the City Council on October 3, 2023.
** Items subject to "call for review" (i.e. appeal) by motion of the City Council pursuant to Section 9-7.1406 of the Planning Regulations.
The packet for the August 24, 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/5457>.
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Council Member Priforce requested and received majority support for an investigation into the Bay Street Evacuation Plan item to be sent to the Public Safety Committee.
15. ADJOURNMENT
The meeting adjourned at 8:27 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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