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 Courtney Welch
Vice Mayor David Mourra
Council Member John J. Bauters
Council Member Sukhdeep Kaur
Council Member Kalimah A. Priforce
Members:
--AMENDED--
CITY OF EMERYVILLE
Tuesday, December 19, 2023 7:16 PM Council Chambers / Teleconference
1. CALL TO ORDER
The meeting was called to order at 7:47 p.m.
2. ROLL CALL
Mayor Courtney Welch
Vice Mayor David Mourra
Council Member John J. Bauters
Council Member Sukhdeep Kaur
Council Member Kalimah A. Priforce
Present: 5 -
3. APPROVAL OF FINAL AGENDA
A motion was made by Mayor Welch, seconded by Council Member Bauters, to approve the final agenda. The motion carried by the following vote:
Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
4. SPECIAL ORDERS OF THE DAY
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
City Clerk April Richardson announced that Virginia Williams-Belhadj resigned from the Economic Development Advisory Committee.
6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
7. CITY MANAGER'S REPORT
8. EX PARTE COMMUNICATIONS
Council Member Priforce had a conversation with Brian Donahue on item 12.1 and Council Member Kaur communicated with a community City of Emeryville Page 1 of 9 Printed on 2/7/2024
City Council ACTION MINUTES December 19, 2023
member on item 12.2.
9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA 2 speakers.
10. CONSENT ITEMS
A motion was made by Council Member Bauters, seconded by Vice Mayor Mourra, to approve the Consent Agenda. The motion carried by the following vote:
Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
10.1. ID-2023-486 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-2023-499 Action Minutes Of The December 5, 2023, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2023-500 Action Minutes Of The December 5, 2023, City Of Emeryville Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2023-501 Action Minutes Of The November 21, 2023, City Of Emeryville Special City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.5. ID-2023-472 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute (i) A Second Amendment To The Contract With Avenu Insights & Analytics To Add A Termination Date Of December 31, 2024 And Increase The Total Annual Fixed Fee By $28,000 For A Total Not To Exceed Amount Of $78,000 For Utility User Tax (UUT) Franchise Compliance Services; And (ii) A First Amendment To The Contract With Avenu Insights & Analytics To Add A Termination Date Of December 31, 2024 And Increase The Total Compensation Amount From The Current Rate Of $2.95 Per
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City Council ACTION MINUTES December 19, 2023
Transaction To $3.10 Per Transaction With A Total Not To Exceed Amount Of $9,500 For UUT Administration Services. (Lawrence Chiu) Staff Report
Muniservices UUT Compliance Contract 2001
Muniservices UUT Compliance First Amendment 2015
Muniservices UUT Administration Contract 2013
Draft Resolution
Exhibit A - UUT Compliance, Second Amendment
Exhibit B - UUT Administration, First Amendment
APPROVED Resolution No. 23-161
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-161
10.6. ID-2023-479 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Third Amendment To The Contract With MuniServices LLC To Add A Termination Date Of December 31, 2024, Increase The Annual Fixed Fee With A Total Not To Exceed Amount Of $2,625 For Sales And Use Tax Report Services, And Add A Total Not To Exceed Amount Of $20,000 For Sales And Use Tax Audit Services. (Lawrence Chiu)
Staff Report
Attachment 1 - MuniServices Sales & Use Tax Contract 1990 Attachment 2 - MRC First Amendment 1996
Attachment 3 - MuniServices Second Amendment 2020
Draft Resolution
Exhibit A - Sales & Use Tax Third Amendment
APPROVED Resolution No. 23-162
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-162
10.7. ID-2023-487 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 The Sustainable Streetscapes 2024 Project, Project No. EPW-23008 (CIP No. 24221005); CEQA Determination: Exempt Pursuant To CEQA
Guideline 15301(c). (Mohamed Alaoui / Ryan O'Connell)
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City Council ACTION MINUTES December 19, 2023
Staff Report
Draft Resolution
Exhibit A - Project Overview Map
APPROVED Resolution No. 23-163
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-163
10.8. ID-2023-481 Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville Approving An Amendment To The Conditions Of Approval For The Promenade Center Retail/Mixed Use Project Preliminary Development Plan To Include “Commercial Recreation - Indoor Sports And Recreation” As A Permitted Use And To Remove Language Restricting The Hours Of Operation To 6:00 A.M. To 10:00 P.M. (CEQA Determination: Mitigated Negative Declaration For The Promenade Center Retail/Mixed Use Project Adopted By City Council On April 6, 1999). (Chadrick Smalley / Miroo Desai / Alyssa Chung)
Staff Report
Attachment 1 - Staff Report from November 21, 2023
Proposed Ordinance
Exhibit A to Proposed Ordinance - Conditions of Approval APPROVED Ordinance No. 23-004
Attachments:
A motion was made to approve this Ordinance.
Enactment No: Ord No. 23-004
10.9. ID-2023-482 Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville To Adopt Amendments To The Planning Regulations In Title 9 Of The Emeryville Municipal Code To Streamline The Development Review Process For Multifamily And Mixed-Use Residential Projects Requiring Ministerial Approval To Comply With State Law (CEQA Determination: Exempt Pursuant To CEQA
Guidelines Sections 15061(b)(3) And 15378(b)(5)). (Chadrick Smalley / Miroo Desai / Navarre Oaks)
Staff Report
Attachment 1 - November 21st Staff Report
Proposed Ordinance
Exhibit A to Ordinance
APPROVED Ordinance No. 23-005
Attachments:
A motion was made to approve this Ordinance.
Enactment No: Ord No. 23-005
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City Council ACTION MINUTES December 19, 2023
10.10. ID-2023-483 Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville Adding Article 6, Chapter 15, "Restrictions On Gas-Powered Leaf Blower Use” To The City Of Emeryville Municipal Code; And Authorizing The City Manager To Take Actions Related To Implementation And Enforcement; CEQA Determination:
Exempt Pursuant To Guidelines Sections 15378(a), 15308, And 15061(b)(3). (Mohamed Alaoui / Nancy Humphrey)
Staff Report
Draft Ordinance
APPROVED Ordinance No. 23-006
Attachments:
A motion was made to approve this Ordinance.
Enactment No: Ord No. 23-006
10.11. ID-2023-506 Resolution Of The City Council Of The City Of Emeryville Accepting The Annual Comprehensive Financial Report, Associated Compliance Audit Report And Auditor Correspondence For The Fiscal Year Ended June 30, 2023. (Lawrence Chiu)
Staff Report
Draft Resolution
Attachment 1 - Fiscal Year 2023 Annual Comprehensive Financial Report
Attachment 2 - Child Development Center Compliance Audit Attachment 3 - Auditor's Communication Letter
Attachment 4 - Auditor's Memorandum of Internal Control Attachment 5 - Auditor's Report on Appropriations Limit Calculation APPROVED Resolution No. 23-164 (Large File)
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-164
10.12. ID-2023-495 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Agreement With MNS Engineers, Inc. In An Amount Not To Exceed $1,050,000 For On Call Construction Management, Engineering Design, And City Engineer Support Services Until June 30, 2027, Extend The Contract To No Later Than December 18, 2028, And Increase The Contract Amount By No More Than An Additional $950,000 By Additional Contract Amendments For A Total Not To Exceed Amount Of $2,000,000. (Mohamed Alaoui)
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City Council ACTION MINUTES December 19, 2023
Staff Report
Draft Resolution
Professional Services Contract MNS
Exhibit A - Combined MNS
Exhibit B - Insurance Requirements
APPROVED Resolution No. 23-165
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 23-165
11. PUBLIC HEARINGS
12. ACTION ITEMS
12.1. ID-2023-491 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Approve The Use Of An Automated License Plate Reader System Within The City. (Jeff Jennings / Robert Alton) Staff Report
Draft Resolution
ALPR Map (16 cameras)
ALPR Map (32 cameras)
ALPR Map (48 cameras)
APPROVED Resolution No. 23-166
Attachments:
Lt. Robert Alton made a presentation and answered Council Member questions.
11 speakers.
A motion was made by Mayor Welch, seconded by Vice Mayor Mourra, to approve this Resolution for the use of 16 ALPR cameras in the City of Emeryville. The motion carried by the following vote:
Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
Enactment No: Reso No. 23-166
A motion was made by Council Member Priforce, seconded by Council Member Bauters, to reopen debate on the item. The motion carried by the following vote:
Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
Enactment No: Reso No. 23-166
Council Member Priforce made a motion to install 32 ALPR cameras City of Emeryville Page 6 of 9 Printed on 2/7/2024
City Council ACTION MINUTES December 19, 2023
in the City of Emeryville. The motion failed for lack of a second.
Enactment No: Reso No. 23-166
A motion was made by Vice Mayor Mourra, seconded by Council Member Priforce, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
Enactment No: Reso No. 23-166
12.2. ID-2023-484 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Professional Services Contract With ABG Art Group For Rotten City Emeryville Cultural Arts District Programs In An Amount Not To Exceed $615,000, To Be Funded By California Arts Council Cultural District Program Funding. (Chadrick Smalley / Amber Evans)
Staff Report
Draft Resolution
Exhibit A to Resolution - Professional Services Contract APPROVED Resolution No. 23-167
Attachments:
Community Development Coordinator Amber Evans made a
presentation and answered Council Member questions.
1 speaker.
A motion was made by Council Member Bauters, seconded by Vice Mayor Mourra, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
Enactment No: Reso No. 23-167
12.3. ID-2023-480 Resolution Of The City Council Of The City Of Emeryville Approving Parking Removal And An Extension Of The Red Zone On The East Side Of Shellmound Street Between 65th Street And 64th Street For The Purpose Of Installing Class IV Bike Lanes (CEQA Determination:
Exempt Pursuant To State CEQA Guidelines Section 15301(c)). (Mohamed Alaoui / Josie Ahrens)
Staff Report
Attachment A - Project Outreach Poster
Attachment B - Public Comments Received as of 12/4/2023 Draft Resolution
APPROVED Resolution No. 23-168
Attachments:
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City Council ACTION MINUTES December 19, 2023
A motion was made by Vice Mayor Mourra, seconded by Council Member Bauters, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
Enactment No: Reso No. 23-168
12.4. ID-2023-493 Resolution Of The City Council Of The City Of Emeryville Appointing Standby Officers For City Council Member Succession In The Event Of A Declared Emergency For Calendar Year 2024. (April Richardson / Lorrayne Leong)
Staff Report
Attachment A - 2023 Standby Officers Roster
Attachment B - Government Code Sections 8635-8644
Draft Resolution
Exhibit A - 2024 Standby Officers Roster
APPROVED Resolution No. 23-169
Attachments:
A motion was made by Vice Mayor Mourra, seconded by Council Member Bauters, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
Enactment No: Reso No. 23-169
12.5. ID-2023-507 Resolution Of The City Council Of The City Of Emeryville Adopting The City Council Regular Meeting Calendar For February 2024 Through January 2025. (April Richardson / Lorrayne Leong)
(In Conjunction With Successor Agency Item 7.1)
Staff Report
Attachment A - 2024 Observed Holidays
Draft Resolution (City Council)
Exhibit A - 2024 City Council Proposed Calendar
APPROVED Resolution No. 23-170
Attachments:
1 speaker.
A motion was made by Council Member Bauters, seconded by Vice Mayor Mourra, to approve this Resolution. The motion carried by the following vote:
Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
Enactment No: Reso No. 23-170
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City Council ACTION MINUTES December 19, 2023
13. DEPARTMENT HEAD REPORTS
13.1. ID-2023-494 Community Development Director's Report on Planning Commission Actions at the December 14, 2023 meeting:
(a) BRE-BMR Covenant of Easement - Consideration of findings required by Government Code Section 65402 and a recommendation to the City Council to authorize the City Manager to release and accept storm drain, sewer, emergency vehicle access, and public access easements with BRE-BMR Emeryville Center of Innovation Holdco GP LLC and Grifols Diagnostic Solutions in relation to public improvements on Horton and 53rd Streets and Stanford Avenue.* (b) Christie Avenue Affordable Housing Project (ZC23-008) - A second study session to review a City sponsored 100% affordable housing project that will accommodate 362 rental units in three separate buildings on 2.2 acre site located at 5890-6150 Christie Avenue. Each 95-foot-tall building will include parking provided in lifts and a variety of amenity spaces. The project will also include a 6,000 square feet expansion of Christie Park with an active multi-use court.
The applicant proposes that the project be processed under SB 35, which mandates ministerial approval (i.e., staff level), and AB 1763, which specifies no density limit for projects within one-half mile of transit.
* This item is scheduled for City Council action on January 16, 2023.
The packet for the December 14, 2023 Planning Commission meeting can be viewed online at https://www.ci.emeryville.ca.us/Archive.aspx? ADID=5573
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
The meeting adjourned at 9:24 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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