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Minutes, first session

Emeryville City Council
June 4, 2024

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Minutes, first session
Meeting
June 4, 2024
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Emeryville City Council
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Text extracted from the city's file for reading and search. Open the original on emeryville.legistar1.com. That file is the official record.

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, June 4, 2024 7:16 PM Council Chambers

1. CALL TO ORDER
The meeting was called to order at 7:58 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 Council Member Bauters, seconded by Vice Mayor Mourra, 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

4.1. ID-2024-224 Proclamation Of The City Council Of The City Of Emeryville Recognizing June 2024 As LGBTQI+ Pride Month In The City Of Emeryville. (Mayor Welch)

4.2. ID-2024-228 Proclamation Of The City Council Of The City Of Emeryville Recognizing June 12, 2024, As Women Veterans Recognition Day In The City Of Emeryville. (Mayor Welch)

5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES

6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING

ATTENDANCE
City of Emeryville Page 1 of 10 Printed on 4/21/2025
City Council ACTION MINUTES June 4, 2024

7. CITY MANAGER'S REPORT

8. EX PARTE COMMUNICATIONS
No ex parte communications were reported.

9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA 11 speakers.

10. CONSENT ITEMS
A motion was made by Vice Mayor Mourra, seconded by Council Member Bauters, 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-2024-221 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-2024-218 Action Minutes Of The May 21, 2024, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.3. ID-2024-219 Action Minutes Of The May 21, 2024, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.4. ID-2024-195 Resolution of the City Council of the City of Emeryville Authorizing The City Manager To Execute A Five-Year Agreement With Axon Enterprises, Inc. For the Supply, Training, and Maintenance Of A Body Worn Camera System And Cloud Storage Solution, In An Amount Not To Exceed $236,810. (Jeff Jennings / Oliver Collins)
City of Emeryville Page 2 of 10 Printed on 4/21/2025
City Council ACTION MINUTES June 4, 2024
Staff Report
Draft Resolution
Master Services and Purchasing Agreement
Axon Fee Schedule
APPROVED Resolution No. 24-59
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-59

10.5. ID-2024-201 Resolution Of The City Council Of The City Of Emeryville Adopting An Appropriations Limit For Fiscal Year 2025 Of $159,680,499. (Lawrence Chiu)
Staff Report
Draft Resolution
Exhibit A - Fiscal Year 2025 Gann Appropriations Limit
APPROVED Resolution No. 24-60
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-60

10.6. ID-2024-212 Resolution Of The City Council Of The City Of Emeryville Approving The Public Art Committee Recommendation To Purchase Ned Kahn’s Art Work “The Edge Of The Veil” For Installation On The Exterior Entryway Of Fire Station 35 With Funding Of $27,000 For The Purchase And Installation Of The Art Work From The Public Art Fund (Fund 243). (Chadrick Smalley / Amber Evans)
Staff Report
Draft Resolution
Attachment 1 - 2 - Proposed Artwork
APPROVED Resolution No. 24-61
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-61

10.7. ID-2024-211 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Agreement With West Coast Code Consultants Inc. (WC3) In An Amount Not To Exceed $400,000 For On Call Engineering And Environmental Programs Inspection And Plan Check Services Until June 30, 2025, And Authorize The City Manager To Extend The Contract To No Later Than June 30, 2029, And Increase The Contract Amount By No More Than An Additional $1,600,000 By Additional Contract Amendments For A Total Not To Exceed Amount Of $2,000,000. (Mohamed Alaoui City of Emeryville Page 3 of 10 Printed on 4/21/2025
City Council ACTION MINUTES June 4, 2024
/ Michael Roberts)
Staff Report
Draft Resolution
WC3 Agreement
Exhibit A - Scope of Work
Exhibit B - Insurance Requirements
APPROVED Resolution No. 24-62
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-62

10.8. ID-2024-159 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Three (3) Three Year Contract In The Amount Of $324,720.00 With Sweeping Corp Of America (SCA) For The Sweeping Of City Owned Streets, In The Amounts Of $108,240.00 For FY2024-25, $108,240.00 For FY 2025-26, And $108,240.00 For FY 2026-27 And Authorizing The City Manager To Execute Up To Two (2) Additional One Year Extensions In The Amount Of $113,652.00 For FY2027-28 And $119,334.00 For FY2028-29 Contingent Upon The City Council Appropriating Funds For The Applicable Fiscal Years For A Total Contract Amount Not To Exceed $557,706. (Mohamed Alaoui / Daniel Gonzales)
Staff Report
Attachment A - Street Sweeping Map
Attachment B - Proposed modification to Street Sweeping Map Draft Resolution
Exhibit A - Street Sweeping Contract
APPROVED Resolution No. 24-63
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-63

10.9. ID-2024-184 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Contract In The Amount Of $250,000.00 With MIG For Professional Design Consultant Services For The Powell Street Redesign Project As A Part Of ATP Studies Project SUT-02 (CIP Project #24475018); Appropriating $50,000 From Fund 475 In CIP No. 24475020 Into CIP No. 24475018. (Mohamed Alaoui / Josie Ahrens)
City of Emeryville Page 4 of 10 Printed on 4/21/2025
City Council ACTION MINUTES June 4, 2024
Staff Report
Draft Resolution
Professional Services Contract MIG
Exhibit A - Scope of Work MIG
Exhibit B - Insurance Requirements MIG
Exhibit C - Federal Contract Provisions MIG
APPROVED Resolution No. 24-64
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-64

10.10. ID-2024-203 Resolution Of The City Council Of The City Of Emeryville Accepting The 40th Street Bridge Railing And Lumec Light Pole Painting Project, Project No. EPW-20103 (CIP No. 15475015 And 15475028) As Complete; Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk; And Appropriating And Transferring $90,000 From Fund 475 In CIP No. 24250019 Into Fund 475 For CIP No. 15475015; And Appropriating All Remaining CIP No. 15475015 and CIP No. 15475028 Project Balances Into CIP No. 24221005. (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
APPROVED Resolution No. 24-65
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-65

10.11. ID-2024-215 Resolution Of The City Council Of The City Of Emeryville Approving The Proposed SB 1 Project List And Appropriation For Fiscal Year 2024/2025. (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
Exhibit A - FY24-25 SB1 Project List
APPROVED Resolution No. 24-66
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-66

10.12. ID-2024-208 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Purchase Four 2024 F150 Lightning EV Trucks And With Racks, Lights, And Directional Equipment To Be Used By The Emeryville Public Works Department For A Total Amount Not To Exceed $274,970.76 To Be Paid From The Vehicle Replacement City of Emeryville Page 5 of 10 Printed on 4/21/2025
City Council ACTION MINUTES June 4, 2024
Fund 660-9120. (Mohamed Alaoui / Daniel Gonzales)
Staff Report
Draft Resolution
Attachment A County Contract
Attachment B Unit Quote
Attachment C Total Quote
APPROVED Resolution No. 24-67
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-67

10.13. ID-2024-205 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Three (3) Year Professional Services Contract In The Amount Of $360,000 With Iteris, Inc. For On-Call Traffic Engineering Consultant Services For Fiscal Years 2024/25, 2025/26, And 2026/27, And Authorizing The City Manager To Execute Up To Two (2) Additional One-Year Extensions Not To Exceed A Cost-Of-Living Adjustment No Greater Than The Consumer Price Index Each Year, Contingent Upon The City Council Appropriating Funds For The Applicable Fiscal Year, For A Total Contract Value Not To Exceed $600,000. (Mohamed Alaoui / Nik Ignacio)
Staff Report
Request for Proposals-Traffic
Draft Resolution
Professional Services Contract
APPROVED Resolution No. 24-68
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-68

11. PUBLIC HEARINGS

11.1. ID-2024-210 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Adding Two New Land Use Classifications To Section 9-2.339 (“Motor Vehicle Sales And Services”) In Article 3 Of Chapter 2 Of Title 9 Of The Emeryville Municipal Code; Adding A New Definition To Section 9-8.201 (“A” Terms) In Article 2 Of Chapter 8 Of Title 9; And Modifying Table 9-3.202 In Section 9-3.202 (Uses Permitted, Conditionally Permitted And Prohibited) In Article 2 Of Chapter 3 Of Title 9; Concerning Certain Auto-Related Uses And Indoor Public Storage Uses (CEQA Determination: Exempt Pursuant To Guidelines Section 15061(B)(3)). (Chadrick Smalley / Miroo Desai)
City of Emeryville Page 6 of 10 Printed on 4/21/2025
City Council ACTION MINUTES June 4, 2024
Staff Report
Attachment 1 - Regulatory Framework - Auto Sales
Attachment 2 - EV Showrooms
Attachment 3 - Regulatory Framework - Charging Stations Draft Ordinance
Attachments:

Planning Manager Miroo Desai made a presentation and answered Council Member questions.

PUBLIC HEARING OPENED: 8:39 p.m.
1 speaker.

PUBLIC HEARING CLOSED: 8:42 p.m.

A motion was made by Council Member Bauters, seconded by Vice Mayor Mourra, to waive first reading and introduce this Ordinance by title only. The motion carried by the following vote:

Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
A motion was made by Council Member Bauters, seconded by Vice Mayor Mourra, to adopt the first reading of this Ordinance. The motion carried by the following vote:

Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -

12. ACTION ITEMS

12.1. ID-2024-227 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 II Amendments”; Repealing Chapter 11 Of Title 4 (“Electronic Personal Assistive Mobility Devices”) In Its Entirety. CEQA Determination: Not A Project And Exempt Pursuant To CEQA Guidelines Sections 15378(b)(5) And 15061(b)(3). (John Kennedy / Christie Crowl)
City of Emeryville Page 7 of 10 Printed on 4/21/2025
City Council ACTION MINUTES June 4, 2024
Staff Report
Attachment A - Draft Ordinance (Group II Amendments)
Exhibit 1A - EMC 1-02 (Penalties)
Exhibit 1B - EMC 4-6 Fireworks
Exhibit 1C - EMC 4-8 Vehicles for Hire
Exhibit 1D - EMC 5-14
Exhibit 1E - EMC 5-21 Bingo
Exhibit 1F - EMC 5-23 Community Events
Exhibit 1G - EMC 5-24 Parks
Exhibit 1H - EMC 5-27 Sidewalk Street Vendors
Exhibit 1I - EMC 5-34 Signs on Public Sidewalks
Exhibit 1J - EMC 5-35 Certified Farmers Markets
Attachment B - Summary Chart of Group II Amendments
Attachments:

Special Counsel Margaret Kotzebue made a presentation and answered Council Member questions.
0 speakers.

A motion was made by Vice Mayor Mourra, seconded by Council Member Kaur, to waive first reading and introduce this Ordinance by title only. The motion carried by the following vote:

Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, and Council Member Kaur
4 -
Noes: 1 - Council Member Priforce
A motion was made by Council Member Bauters, seconded by Council Member Kaur, to adopt the first reading of this Ordinance.

The motion carried by the following vote:

Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, and Council Member Kaur
4 -
Noes: 1 - Council Member Priforce

12.2. ID-2024-207 Resolution Of The City Council Of The City Of Emeryville Approving Added Scope Of Work For The Sustainable Streetscapes Paving Project, Project No. EPW-23008 (CIP No. 24221005); Authorizing The City Manager To Enter Into A Contract With Bay Cities Paving And Grading, Inc. In An Amount Of $5,927,488.70; Authorizing The City Manager To Approve Additional Payments Of $3,500,000, For A Total Not To Exceed Amount Of 9,427,488.70, All For The Construction Of The 2024 Sustainable Streetscapes Paving Project, Project No.

EPW-23008 (CIP No. 24221005); Re-Allocating $500,000 From Fund 475 In CIP No. 17475004, $242,027 From Fund 475 In CIP No. 16475006, And $124,574 From Fund 250 In CIP No. 16475006 Into City of Emeryville Page 8 of 10 Printed on 4/21/2025
City Council ACTION MINUTES June 4, 2024
CIP No. 24221005; Appropriate $99,741 From Fund 221, $938,224 From Fund 250, And $1,540,732 From Fund 473 Into CIP No. 24221005; CEQA Determination: Exempt Pursuant To CEQA
Guideline 15301(c). (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
Construction Contract (Bay Cities)
Exhibit A(1) - Addenda
Exhibit A(2) - Project Specificiations
Exhibit A(4) - Project Plans 1
Exhibit A(4) - Project Plans 2
Exhibit A(5) - Contractors Bid
Exhibit B - Insurance Requirements (Bay Cities)
Exhibit C - City Supplemental Terms and Conditions
APPROVED Resolution No. 24-69 [LARGE FILE]
Attachments:

Senior Civil Engineer Ryan O'Connell made a presentation and answered Council Member questions.
3 speakers.

Council Member Priforce was absent 9:57 p.m. - 10:01 p.m.

A motion was made by Council Member Kaur, seconded by Council Member Bauters, to approve the Resolution as amended to include Halleck Street between Park Avenue and the City border. The motion carried by the following vote:

Ayes: 3 - Mayor Welch, Council Member Bauters, and Council Member Kaur Noes: 1 - Vice Mayor Mourra

Absent: 1 - Council Member Priforce

Enactment No: Reso No. 24-69

13. DEPARTMENT HEAD REPORTS

14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Vice Mayor Mourra requested and received majority support for an item to be referred to the Sustainability Committee to investigate power capabilities at City parks.

Council Member Priforce requested and received majority support for an item to be referred to the Budget and Governance Committee regarding tenant rights to organize.

City of Emeryville Page 9 of 10 Printed on 4/21/2025
City Council ACTION MINUTES June 4, 2024
Council Member Priforce requested and received majority support for an item to be referred to the Budget and Governance Committee regarding tenant right to counsel during the eviction process.

15. ADJOURNMENT
The meeting adjourned at 10:04 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
City of Emeryville Page 10 of 10 Printed on 4/21/2025

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