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, October 3, 2023 7:16 PM Council Chambers / Teleconference
1. CALL TO ORDER
The meeting was called to order at 7:33 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. 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-2023-374 Proclamation Of The City Council Of The City Of Emeryville Proclaiming October 2023 As National Arts & Humanities Month
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
City Clerk April Richardson stated that the Advisory Body recruitment closes on October 16. The application is available on the website and another vacancy was added due to a resignation on the Public Art Committee.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
City of Emeryville Page 1 of 7 Printed on 11/8/2023
City Council ACTION MINUTES October 3, 2023
7. CITY MANAGER'S REPORT
City Manager Paul Buddenhagen announced the Pumpkins in the Pool event at ECCL on October 14 and the Harvest Festival at Huichin Park on October 28, 2023.
8. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA 1 speaker
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 Kaur, Council Member Mourra, and Council Member Priforce
5 -
10.1. ID-2023-378 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-2023-385 Action Minutes Of The September 26, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2023-386 Action Minutes Of The September 26, 2023, City Of Emeryville Special City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2023-354 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into An Agreement With Terrapin Technology Group For Audio, Video, And Broadcasting Upgrades (CIP No. INT-02) In The City Council Chamber For An Amount Not To Exceed $125,000. (Michael Parenti / April Richardson)
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City Council ACTION MINUTES October 3, 2023
Staff Report
Draft Resolution
Attachment A - Professional Services Contract
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-130
10.5. ID-2023-361 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Exercise The Option To Acquire 1500 Park Avenue #314, The Resale Restriction Agreement For Moderate Income Set-Aside Units, And Execute All Other Documents Required To Complete The City’s Acquisition Of 1500 Park Avenue #314 At A Purchase Price Not To Exceed $355,900; And To Expend Up To $13,600 For Repairs, Holding Costs And Any Additional Transactional Costs For A Total Expenditure Not To Exceed $369,500 From The Measure C Housing Bond Fund (Fund 284) As Appropriated For The Below Market Rate Unit Acquisition Program. (Chadrick Smalley / Valerie Bernardo / Charles Harris)
Staff Report
Draft Resolution
Exhibit A - Resale Restriction Agreement for Moderate Income Set-Aside Units
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-131
10.6. ID-2023-396 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 Management Association (PMA), 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
Exhibit A - PMA Memorandum of Understanding
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-132
10.7. ID-2023-393 Resolution Of The City Council Of The City Of Emeryville To Support Local, State, And Federal Efforts To Exonerate The Port Chicago 50. (John Bauters)
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City Council ACTION MINUTES October 3, 2023
Staff Report
Draft Resolution
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-133
11. PUBLIC HEARINGS
12. ACTION ITEMS
12.1. ID-2023-375 Alameda County Fire Department Annual Report Presentation Chief William McDonald made a presentation and answered Council Member questions.
1 speaker.
12.2. ID-2023-377 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Various Municipal Code Provisions To Eliminate Or Modify Criminal Penalties For Code Violations, Identified As “Group I Amendments;” Repealing And Replacing Chapter 14 (“Sandblasting”) Of Title 8 (“Building Regulations”) And Chapter 1 (“Planning Regulations - General Provisions”) Of Title 9 (“Planning Regulations”) To Correct Typographical Errors Or Inconsistencies; And Repealing Chapter 16 ("Pawnbrokers, Secondhand Jewelry Dealers And Auction Sales”) Of Title 5 (“Public Welfare”) In Its Entirety. CEQA Determination: Not A Project And Exempt Pursuant To CEQA Guidelines Section 15378(b) (5) And 15061(b)(3). (John Kennedy / Christie Crowl)
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City Council ACTION MINUTES October 3, 2023
Staff Report
Attachment A - Draft Ordinance (Group I Amendments)
Exhibit 1A - EMC 3-1 Business Taxes
Exhibit 1B - EMC 3-3.503 Utility Users Tax
Exhibit 1C - EMC 3-7 Permits and Licenses
Exhibit 1D - EMC 4-2 Emergency Plans
Exhibit 1E - EMC 4-12 Emergency Medical Services
Exhibit 1F - EMC 5 Abandoned Vehicles
Exhibit 1G - EMC 5-3 Air Pollution
Exhibit 1H - EMC 5-11 Massage Establishments
Exhibit 1I - EMC 5-17 Alarm Systems
Exhibit 1J - EMC 5-18 Poolrooms
Exhibit 1K - EMC 5-19 Streets and Sidewalks
Exhibit 1L - EMC 5-25 Hotels, Motels and Lodging Houses Exhibit 1M - EMC 5-28 Cannabis
Exhibit 1N - EMC 5-35 Certified Farmers' Markets
Exhibit 1O - EMC 5-36 Irrigation Water Waste Prohibition Exhibit 1P - EMC 6-1 Animals and Fowl
Exhibit 1Q - EMC 6-2 Dangerous and Insanitary Conditions Exhibit 1R - EMC 6-4 Collection of Solid Waste and Recyclables Exhibit 1S - EMC 6-5 Laundries
Exhibit 1T - EMC 6-7 Rodent Harborage
Exhibit 1U - EMC 6-9 Water Wells
Exhibit 1V - EMC 6-10 Weed and Refuse Abatement
Exhibit 1W - EMC 6-11 Property Maintenance
Exhibit 1X - EMC 6-12 Operation and Maintenance of Off-Street Parking Facilities
Exhibit 1Y - EMC 6-14 Food Service Waste Reduction
Exhibit 1Z - EMC 7-3 Sidewalks, Curbs and Driveways
Exhibit 1AA - EMC 7-7 Standard Specifications for Public Works Construction
Exhibit 1BB - EMC 7-10 Urban Forestry Ordinance
Exhibit 1CC - EMC 8-18 Seismic Hazard Identification and MItigation Program
Exhibit 1DD - EMC 8-21 Floodplain Management
Exhibit 1EE - EMC 8-26 Construction and Demolition Waste Requirements
Exhibit 1FF - EMC 9-5.416 Enforcement of Planning Regulations Exhibit 1GG - EMC 9-7.1502 Penalties (Planning Regulations) Exhibit 1HH - EMC 10-1 Rules and Regulations for the Emeryville Marina
Attachments:
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City Council ACTION MINUTES October 3, 2023
Exhibit 2A - EMC 8-14 Sandblasting
Exhibit 2B - EMC 9-1.301 Planning
Attachment B - Chart of Council Recommendations
Attachment C - Summary of Group I Amendments
City Attorney John Kennedy and Special Counsel Margaret Kotzebue made a presentation and answered Council Member questions. 1 speaker
A motion was made by Mayor Bauters, seconded by Vice Mayor Welch, to waive first reading and introduce 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 Mayor Bauters, seconded by Vice Mayor Welch, to adopt the 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 -
12.3. ID-2023-392 Consideration Of Travel Authorization For Council Member Priforce. (Council Member Priforce)
Staff Report
Attachment A: Council Policy #3, Reimbursement for Approved Travel and Other Expenses
Attachments:
1 speaker
A motion was made by Mayor Bauters, seconded by Vice Mayor Welch, to approve registration, three nights lodging, airfare, and meals for Council Member Priforce to attend the National League of Cities City Summit. 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-2023-360 Community Development Director's Report on Planning Commission Actions at the September 28, 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 City of Emeryville Page 6 of 7 Printed on 11/8/2023
City Council ACTION MINUTES October 3, 2023
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) Objective Standards - Consideration of a recommendation to the City Council to approve proposed changes to the Planning Regulations and Design Guidelines to streamline the development review process for multifamily and mixed-use residential projects requiring ministerial approval to comply with State law.** * This item is scheduled for a public hearing by the City Council on November 7, 2023.
** This item was continued to the Planning Commission meeting of October 19th and, pending a recommendation by the Commission, is scheduled for a public hearing by the City Council on November 21, 2023
The packet for the September 28, 2023 Planning Commission m e e t i n g 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/Archive.aspx?ADID=5492>>
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Mayor Bauters requested and received majority support for two items:
1. Travel authorization to Washington DC to meet with the Federal Department of Transportation regarding several grant applications the City has submitted.
2. A Study Session item on amending planning regulation eligible uses to deemphasize auto-centric uses such as gas stations, car washes, and auto dealerships. Additionally storage units and facilities.
15. ADJOURNMENT
The meeting adjourned at 8:36 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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