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 17, 2023 7:16 PM Council Chambers / Teleconference
1. CALL TO ORDER
The meeting was called to order at 7:19 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 Kaur, 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-2023-399 Presentation: Alameda County Healthy Homes Department - Lead Poisoning Prevention Program
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
City Clerk April Richardson announced that Sabrina Sellers resigned from the Public Art Committee. The vacancy was added to the recruitment that closed on October 16, 2023.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
7. CITY MANAGER'S REPORT
City of Emeryville Page 1 of 11 Printed on 12/1/2023
City Council ACTION MINUTES October 17, 2023
City Manager Paul Buddenhagen noted that the Harvest Festival is on October 28, 2023, from 11am-5pm.
8. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA 2 speakers
10. CONSENT ITEMS
Council Member Priforce was absent 7:47 p.m. - 7:57 p.m.
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, and Council Member Mourra
4 -
Absent: 1 - Council Member Priforce
10.1. ID-2023-410 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-2023-401 Action Minutes Of The October 3, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2023-402 Action Minutes Of The October 3, 2023, City Of Emeryville Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2023-387 Resolution Of The City Council Of The City Of Emeryville Rescinding Resolution No. 23-70 And Adopting A Revised Appropriations Limit For Fiscal Year 2024 Of $146,833,723. (Lawrence Chiu)
Staff Report
Draft Resolution
Attachment A - Fiscal Year 2024 GANN Appropriations Limit APPROVED Resolution No. 23-130
Attachments:
City of Emeryville Page 2 of 11 Printed on 12/1/2023
City Council ACTION MINUTES October 17, 2023
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-130
10.5. ID-2023-413 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Issue An Initial Purchase Order In The Amount Of Fifty-Two Thousand Two Hundred Forty-Nine Dollars and Fifty-Two Cents ($52,249.52), As Well As Additional Purchase Orders To SHI Over The Next Three Years To Provide Microsoft Licensing As Needed In An Amount Not To Exceed Two Hundred Fifty Thousand Dollars ($250,000). (Michael Parenti)
Staff Report
Draft Resolution
SHI Year One Quote
APPROVED Resolution No. 23-131
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-131
10.6. ID-2023-394 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept And Appropriate A Grant Award On Behalf Of The Police Department, From The State Of California’s Office Of Traffic Safety, Selective Traffic Enforcement Program (STEP) In The Amount Of $31,500 For Funds Related To Improving Traffic, Bicycle, And Pedestrian Safety Within The City. (Jeff Jennings / Oliver Collins)
Staff Report
Draft Resolution
Grant Agreement PT24065
APPROVED Resolution No. 23-132
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-132
10.7. ID-2023-412 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept And Appropriate A Grant Award On Behalf Of The Police Department From The State Of California’s Office Of Traffic Safety, Traffic Records Improvement Program (TRIP) In The Amount Of $24,800 For Funds Related To Improving The Police Department Traffic Records Reporting System. (Jeff Jennings / Oliver Collins)
City of Emeryville Page 3 of 11 Printed on 12/1/2023
City Council ACTION MINUTES October 17, 2023
Staff Report
Draft Resolution
Grant Agreement TR24012
APPROVED Resolution No. 23-133
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-133
10.8. ID-2023-415 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept And Appropriate A Grant Award On Behalf Of The Police Department From The State Of California’s Alcohol Beverage Control (ABC), Via The Office Of Traffic Safety, In The Amount Of $40,000 Related To Reducing Youth Access To Alcohol And Other Purposes. (Jeff Jennings / Oliver Collins) Staff Report
Draft Resolution
Grant Agreement
APPROVED Resolution No. 23-134
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-134
10.9. ID-2023-391 Resolution Of The City Council Of The City Of Emeryville Accepting A Donation In The Amount Of $10,000 From Stanford Health Care To The City Of Emeryville Community Services Department To Support Annual Community Events. (Rebecca Sermeno)
Staff Report
Draft Resolution
APPROVED Resolution No. 23-135
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-135
10.10. ID-2023-395 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Grant Agreement With The City Of Oakland In The Amount Of $50,000 For FY2023-24 For The 8 To Go Paratransit Shuttle Service. (Rebecca Sermeno / Kim Burrowes) Staff Report
Draft Resolution
Grant Agreement
APPROVED Resolution No. 23-136
Attachments:
A motion was made to approve this Resolution.
City of Emeryville Page 4 of 11 Printed on 12/1/2023
City Council ACTION MINUTES October 17, 2023
Enactment No: Reso No. 23-136
10.11. ID-2023-409 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Memorandum Of Understanding With The Emery Unified School District (EUSD) To Provide Youth Programing Funded Through The After School Education And Safety (ASES) Grant, And The Expanded Learning Opportunities Programs (ELO-P) Grant Provided By The California State Department Of Education, In The Amount Estimated At One Hundred And Four Thousand Dollars ($104,000) For ASES And In The Amount
Estimated At Three Hundred And Ten Thousand ($310,000) Dollars For The ELO-P Grant For The Academic School Year 2023/2024. (Rebecca Sermeno)
Staff Report
Draft Resolution
ASES 2023/2024 Memorandum of Understanding
ELO-P 2023/2024 Memorandum of Understanding
APPROVED Resolution No. 23-137
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-137
10.12. ID-2023-381 Resolution Of The City Council Of The City Of Emeryville Appropriating $734,329 From The Affordable Housing Impact Fee Fund (Fund 239) To The Operating Budget For Fiscal Year 2023-2024 For Loans To Developers (Account 239-88120) For The Nellie Hannon Gateway Project. (Chadrick Smalley / Valerie Bernardo)
Staff Report
Draft Resolution
APPROVED Resolution No. 23-138
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-138
10.13. ID-2023-417 Second Reading And Adoption 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 City of Emeryville Page 5 of 11 Printed on 12/1/2023
City Council ACTION MINUTES October 17, 2023
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 17, 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:
City of Emeryville Page 7 of 11 Printed on 12/1/2023
City Council ACTION MINUTES October 17, 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
APPROVED Ordinance No. 23-003
A motion was made to approve this Ordinance.
Enactment No: Ord No. 23-003
11. PUBLIC HEARINGS
11.1. ID-2023-388 Active Transportation Plan: (Chadrick Smalley / Miroo Desai / Navarre Oaks)
Staff Report
Attachment 1 - Public Draft Comment Response Memo
Attachments:
Senior Planner Navarre Oaks and the consultant from Alta Planning made a presentation and answered Council Member questions. Items
11.1.1 and 11.1.2 were discussed together.
11.1.1. ID-2023-389 Resolution Of The City Council Of The City Of Emeryville Adopting A General Plan Amendment To Modify Figure 3-1 (Circulation Map), Figure 3-4 (Pedestrian System Map), And Figure 3-6 (Bicycle System Map) In The General Plan Transportation Element (Chapter 3) Of The City Of Emeryville General Plan
Draft Resolution - General Plan Amendment
GPA Resolution Exhibit A - 3-1 Circulation
GPA Resolution Exhibit B - 3-4 Pedestrian
GPA Resolution Exhibit C - 3-6 Bicycle
APPROVED Resolution No. 23-139
Attachments:
PUBLIC HEARING OPENED: 8:52 p.m.
There were no public comments.
PUBLIC HEARING CLOSED: 8:52 p.m.
A motion was made by Council Member Mourra, seconded by Mayor 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. 23-139
11.1.2. ID-2023-390 Resolution Of The City Council Of The City Of Emeryville Adopting The Active Transportation Plan And Accepting The Appendices To City of Emeryville Page 8 of 11 Printed on 12/1/2023
City Council ACTION MINUTES October 17, 2023
The Active Transportation Plan (CEQA Determination: Exempt Pursuant To Public Resources Code Section 21808.20 And
CEQA Guidelines Sections 15301(c), 15302, 15304(H), And 15061(b)(3))
Draft Resolution - ATP Adoption
ATP Resolution Exhibit A - Final ATP
ATP Resolution Exhibit B - Final ATP Appendices
APPROVED Resolution No. 23-140
Attachments:
PUBLIC HEARING OPENED: 8:52 p.m.
There were no public comments.
PUBLIC HEARING CLOSED: 8:52 p.m.
A motion was made by Council Member Mourra, seconded by Mayor 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. 23-140
12. ACTION ITEMS
12.1. ID-2023-414 Consideration Of Travel Authorization For Mayor Bauters. (John Bauters)
Staff Report
Attachment A: Council Policy #3, Reimbursement for Approved Travel and Other Expenses
Attachments:
A motion was made by Vice Mayor Welch, seconded by Council Member Mourra, to approve this Informational Report. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, Council Member Mourra, and Council Member Priforce
5 -
12.2. ID-2023-382 Resolution Of The City Council Of The City Of Emeryville Approving The Purchase Of Artworks For The City’s Annual Purchase Award Program Entitled Dollar Store By Emeryville Artist Michael Farruggia And Chroma Clusters #1, #3 And #4 By Erin Fong With Funding Of Up To $11,500 From The Public Art Fund (Fund 243) For The Purchase And Installation Of The Artworks, And Acknowledging John Whitehead’s The Numen Of The Wood As The Honorable Mention. (Chadrick Smalley / Amber Evans)
City of Emeryville Page 9 of 11 Printed on 12/1/2023
City Council ACTION MINUTES October 17, 2023
Staff Report
Attachment 1 - Artwork Images
Attachment 2 - Artists' Biographies
Draft Resolution
APPROVED Resolution No. 23-141
Attachments:
Economic Development and Housing Division Coordinator Amber Evans made a presentation and answered Council Member
questions.
1 speaker
A motion was made by Mayor Bauters, 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. 23-141
13. DEPARTMENT HEAD REPORTS
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
1. Council Member Mourra requested and received majority support for an item to look at stop signs and other speed mitigation efforts at greenway crossings. The item will be sent to the Transportation Committee.
2. Council Member Priforce requested and received majority support for an item regarding holiday celebration decorations at City facilities.
The item will be sent to the Community Services Committee.
3. Mayor Bauters requested and received majority support for a Study Session regarding a tobacco retail license and to revisit the City's smoking pollution control Ordinance (specifically regarding smoke rooms).
4. Mayor Bauters requested and received majority support for a travel authorization to the National Federal Rail Administration Conference.
He will be on the speaker panel discussing rail policy and safety.
15. ADJOURNMENT
The meeting adjourned at 9:10 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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City Council ACTION MINUTES October 17, 2023
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