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, November 7, 2023 7:16 PM Council Chambers / Teleconference
1. CALL TO ORDER
The meeting was called to order at 7:27 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
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
Mayor Bauters reported on his recent travel to Washington D.C. to meeting with the Department of Transportation. He had several meetings with the Federal Rail Administration, the Federal Highway Administration, the Build America Better Bureau, and other members of DOT staff where he presented on the 40th Street and Shellmound Street proposal and the City's Reconnecting Communities Grant application. He also spoke about affordable housing projects related City of Emeryville Page 1 of 7 Printed on 12/1/2023
City Council ACTION MINUTES November 7, 2023
to transit oriented development and the Quiet Zone project.
Additionally, Mayor Bauters thanked everyone for the extremely successful Harvest Festival. He also reported that he attended Mia Bonta's event on October 27, 2023.
7. CITY MANAGER'S REPORT
City Manager Paul Buddenhagen reported that the City will not be pursuing an e-scooter event.
8. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
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 Kaur, 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-2023-424 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-2023-406 Action Minutes Of The October 17, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2023-408 Action Minutes Of The October 17, 2023, Special City Council Study Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2023-407 Action Minutes Of The October 17, 2023, City Of Emeryville Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
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City Council ACTION MINUTES November 7, 2023
10.5. ID-2023-324 Annual Development Impact Fee Report - Fiscal Year 2022-2023. (Chadrick Smalley / Miroo Desai)
Staff Report
Attachment 1 - Public Facilities Funded by Development Impact Fees Attachment 2 - Impact Fees Revenues, Expenditures, and Fund Balances - FY22-23
Attachment 3 - Impact Fee Budgets from FY 24-FY25 Budget Attachment 4 - City of Emeryville Development Impact Fees FY22-23 Attachments:
A motion was made to accept this Informational Report.
10.6. ID-2023-421 Resolution Of The City Council Of The City Of Emeryville Approving A Sidewalk Café Permit For A Parklet At Philz Coffee At 5663 Bay Street (APN: 49-1039-13) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(B)(3)). (Chadrick Smalley / Miroo Desai / Alyssa Chung)
Staff Report
Attachment 1 - Parklet Plan Set
Attachment 2 - Site Photos
Draft Resolution
APPROVED Resolution No. 23-145
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-145
10.7. ID-2023-420 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute All Documents Necessary To Effectuate The Sale Of A Below Market Rate Unit Located At 1500 Park Avenue #314 For $355,900; Amending The Fiscal Year 2023-2024 Operating Budget To Increase Revenues To, And Expenditures From, The Measure C Affordable Housing Bond (Fund No. 284) By The Net Proceeds Collected Upon The Close Of The Sale Of The Property; And Appropriating The Net Proceeds Collected To The Fiscal Year 2023-2024 Operating Budget For The Below Market Rate Acquisition Program. (Chadrick Smalley / Charles Harris)
Staff Report
Draft Resolution
APPROVED Resolution No. 23-146
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-146
10.8. ID-2023-362 Resolution Of The City Council Of The City Of Emeryville Authorizing City of Emeryville Page 3 of 7 Printed on 12/1/2023
City Council ACTION MINUTES November 7, 2023
The City Manager To Enter Into A Contract With Corcus Construction Inc. In An Amount Not To Exceed $460,685 For The Construction Of The Sanitary Sewer Spot Repairs Project, EPW 23-005 (CIP #15511005), And Transferring $510,000 From The Sewer Fund 513 To Fund 511 And Appropriating $510,000 From The Sewer Fund 511 To The Sanitary Sewer Spot Repairs Project, EPW 23-005 (CIP #15511005): CEQA Determination: Exempt Pursuant To CEQA Guideline 15301. (Mohamed Alaoui/Nikolas Ignacio)
Staff Report
Draft Resolution
Exhibit A - Agreement - Corcus Construction Inc.
APPROVED Resolution No. 23-147
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-147
10.9. ID-2023-427 Resolution Of The City Council Of The City Of Emeryville Approving A Second Amendment To The Rubicon Landscape Enterprises
Maintenance Contract To Add Additional Maintenance At Huchiun Park, Add Additional Irrigation Repair Work At Various Locations, Transition The Contractor To Electric-Powered Leaf Blowers And Prohibit The Use Of Neonicotinoids For A Total Increased Amount Of $68,231.50, And A Total Not To Exceed Contract Amount Of $518,189.40. (Pedro Jimenez / Mohamed Alaoui / Daniel Gonzales) Staff Report
Attachment A- Base Contract
Attachment B - 1st Amendment
Draft Resolution
Maintenance Services Contract 2nd Amendment
Exhibit A-2
APPROVED Resolution No. 23-148
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-148
10.10. ID-2023-426 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 Project Balances Up To $4,492,400 Into CIP No. SUT-01. (Mohamed Alaoui / Ryan O'Connell)
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City Council ACTION MINUTES November 7, 2023
Staff Report
Draft Resolution
APPROVED Resolution No. 23-149
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-149
10.11. ID-2023-437 Resolution Of The City Council Of The City Of Emeryville Approving The Emeryville Transportation Management Association (ETMA) 2024 Budget And Setting Compensation To The ETMA To Operate The Emery Go-Round Shuttle Service During The 2024 Calendar Year Under The Terms Of The Service Agreement For An Amount Not To Exceed Four Million, Five Hundred And Five Thousand, And Two Dollars ($4,505,002); And Authorizing An Additional Six Hundred And Nine Thousand, Two Hundred Seventy-Three Dollars ($609,273) From The Emeryville Property Based Business Improvement District (PBID) Fund 805 To Cover Additional General Benefit Contribution. (Lawrence Chiu)
Staff Report
Draft Resolution
Exhibit A - ETMA 2024 Budget
APPROVED Resolution No. 23-150
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-150
11. PUBLIC HEARINGS
11.1. ID-2023-419 Request To Modify The Conditions Of Approval For A Four Unit Replacement, 1271 64th Street (UPDR21-005). (Chadrick Smalley / Miroo Desai / Navarre Oaks)
Staff Report
Attachment 1 - Building Permit
Attachment 2 - Text Message
Attachment 3 - Architect Email
Attachment 4 - Correction Notice
Attachment 5 - Tenant Agreement
Attachment 6 - Conditions of Approval
Attachment 7 - Master Fee Schedule
Attachment 8 - Resolution 21-140.pdf
Attachments:
PUBLIC HEARING OPENED: 7:40 p.m.
0 speakers
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City Council ACTION MINUTES November 7, 2023
PUBLIC HEARING CLOSED: 7:40 p.m.
The item was withdrawn by the applicant and there was no Council action.
11.2. ID-2023-428 Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For Paving Work On Shellmound Street, 65th Street, 66th Street, And 67th Street For Dates To Be Determined Between November 8, 2023 And March 31, 2024 To The City Of Emeryville And Bay Cities Paving & Grading Inc. For Work Related To Street 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)). (Mohamed Alaoui / Ryan O'Connell) Staff Report
Draft Resolution
APPROVED Resolution No. 23-151
Attachments:
PUBLIC HEARING OPENED: 7:43 p.m.
0 speakers
PUBLIC HEARING CLOSED: 7:43 p.m.
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. 23-151
12. ACTION ITEMS
12.1. ID-2023-444 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 Council Member Kaur, seconded by Vice Mayor Welch, to approve this travel authorization. The motion carried by the following vote:
Ayes: Mayor Bauters, Vice Mayor Welch, Council Member Kaur, Council Member Mourra, and Council Member Priforce
5 -
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City Council ACTION MINUTES November 7, 2023
13. DEPARTMENT HEAD REPORTS
13.1. ID-2023-422 Community Development Director's Report on Planning Commission Actions at the October 26, 2023 meeting:
(a) Promenade Center Retail/Mixed Use Project (PUD99-1A) - Consideration of an amendment to the Conditions of Approval for the Promenade Center Retail/Mixed Use Project Preliminary
Development Plan (PUD/PDP) to add “Commercial Recreation - Indoor Sports and Recreation” as a permitted use and to remove language restricting the operation of permitted uses to 6:00 a.m. to 10:00 p.m.*
(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 21, 2023.
The packet for the October 26, 2023 Planning Commission meeting can be viewed online at https://www.ci.emeryville.ca.us/Archive.aspx? ADID=5497
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
The meeting adjourned at 7:47 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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