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Minutes, first session

Emeryville City Council
July 2, 2024

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Minutes, first session
Meeting
July 2, 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, July 2, 2024 7:16 PM Council Chambers

1. CALL TO ORDER
The meeting was called to order at 7:30 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 Vice Mayor Mourra, seconded by Council Member Kaur, to approve the 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
Deputy City Clerk Lorrayne Leong announced the opening of a new recruitment for committees vacancies. The deadline to apply is Friday, August 16, 2024, and City Council will make appointments at their meeting on September 3, 2024.

6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING

ATTENDANCE
There were no announcements or reports heard.

7. CITY MANAGER'S REPORT
There was no report heard.

City of Emeryville Page 1 of 8 Printed on 4/21/2025
City Council ACTION MINUTES July 2, 2024

8. EX PARTE COMMUNICATIONS
There were no ex parte communications reported.

9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA There were no public comments heard.

10. CONSENT ITEMS
Approval of the Consent Agenda
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-2024-266 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-2024-262 Action Minutes Of The June 18, 2024, Special City Council Closed Session. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.3. ID-2024-263 Action Minutes of June 18, 2024, Emeryville City Council Special Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.4. ID-2024-264 Action Minutes Of The June 18, 2024, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.5. ID-2024-259 Resolution Of The City Council Of The City Of Emeryville Calling For The General Municipal Election November 5, 2024;
Requesting Approval Of Consolidation With The County Of Alameda; Requesting The County Registrar Of Voters Perform Certain Election Services In Connection With The November 5, City of Emeryville Page 2 of 8 Printed on 4/21/2025
City Council ACTION MINUTES July 2, 2024
2024 Election; And Authorizing The City Of Emeryville To Reimburse The County Registrar Of Voters For Election Services Performed. (April Richardson)
Staff Report
Draft Resolution
APPROVED Resolution No. 24-82
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-82

10.6. ID-2024-255 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept An In-Lieu
Reimbursement From BMR-Center Of Innovation Holdco LP For Grinding And Paving Hollis Street Between Powell Street And 45th Street For The Not To Exceed Amount Of $550,000 As Fulfillment Of That Portion Of Exhibit O - Mitigation Measures And Conditions Of Approvals For The BMR-Emery Yards Project (FDP 19-002) With Funds To Be Appropriated To Fund 473 Project Number 24221005. (Mohamed Alaoui / Michael Roberts)
Staff Report
Draft Resolution
APPROVED Resolution No. 24-83
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-83

10.7. ID-2024-256 Second Reading And Adoption 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)
Staff Report
Attachment 1 - June 4 2024 Staff Report
Proposed Ordinance
APPROVED Ordinance No. 24-008
Attachments:

A motion was made to approve this Ordinance.

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City Council ACTION MINUTES July 2, 2024

Enactment No: Ord No. 24-008

10.8. ID-2024-269 Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Emeryville Amending Public Safety Regulations In Title 4 Of The Emeryville Municipal Code Regarding Speed Limits (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)). (Mohamed Alaoui)
Staff Report
June 18 Staff Report
Proposed Ordinance
Exhibit A
Exhibit B
APPROVED Ordinance No. 24-009
Attachments:

A motion was made to approve this Ordinance.

Enactment No: Ord No. 24-009

10.9. ID-2024-268 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Professional Services Contract With Andrew Davidson DBA Second Sight Video &
Multimedia For Fiscal Years 2024-2025 And 2025-2026, To Provide Broadcasting, Recording And Related Services For A Total Amount Of $116,000.00. (April Richardson / Lorrayne Leong)
Staff Report
Draft Resolution
Exhibit A - Professional Services Contract
APPROVED Resolution No. 24-84
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-84

10.10. ID-2024-260 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept And Expend A Grant On Behalf Of The Police Department From The CHP Cannabis Tax Fund Grant Program (CTFGP) In The Amount Of $202,343.24 For Reducing Impaired Driving And Improving Traffic, Bicycle, And Pedestrian Safety Within The City. (Jeff Jennings / Oliver Collins) Staff Report
Draft Resolution
APPROVED Resolution No. 24-85
Attachments:

A motion was made to approve this Resolution.

City of Emeryville Page 4 of 8 Printed on 4/21/2025
City Council ACTION MINUTES July 2, 2024

Enactment No: Reso No. 24-85

10.11. ID-2024-270 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager Accept A Donation From IKEA To Provide In-Kind Items For The Beautification Of The Teen Center, Located at the Emeryville Center of Community Life (ECCL) In the Amount Of Six Thousand Nine Hundred and Two Dollars ($6,092). (Rebecca Sermeno / Christen Gray)
Staff Report
Teen Center Items List
Teen Center Layout
Draft Resolution
APPROVED Resolution No. 24-86
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-86

11. PUBLIC HEARINGS

11.1. ID-2024-275 Resolution Of The City Council Of The City Of Emeryville Amending The City Of Emeryville Master Fee Schedule For Fiscal Year 2025. (Lawrence Chiu / Andrea Arriaga)
Staff Report
Draft Resolution
Draft Master Fee Schedule (Redline)
Exhibit A - Fiscal Year 2025 Amended Master Fee Schedule (Clean) APPROVED Resolution No. 24-87
Attachments:

City Council waived staff presentation.

PUBLIC HEARING OPENED: 7:32 p.m.

No public comments were heard.

PUBLIC HEARING CLOSED: 7:33 p.m.

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. 24-87

11.2. ID-2024-274 Resolution Of The City Council Of The City Of Emeryville Establishing The Fiscal Year 2025 Property And Business Improvement District (PBID) Annual Assessment Levy For The Respective Parcels Within The Improvement District With A 3% Rate Increase On All Parcels, City of Emeryville Page 5 of 8 Printed on 4/21/2025
City Council ACTION MINUTES July 2, 2024
And Approving The Preliminary Budget Submitted By The Emeryville Transportation Management Association (ETMA) For Service Year 2025. (Lawrence Chiu)
Staff Report
ETMA 2025 Preliminary Budget
ETMA 2023 Annual Report
ETMA 2014-2024 Ridership Report
Fiscal Year 2025 Preliminary Assessment Levy 3% Increase Draft Resolution
APPROVED Resolution No. 24-88
Attachments:

City Council waived staff presentation.

PUBLIC HEARING OPENED: 7:33 p.m.

No public comments were heard.

PUBLIC HEARING CLOSED: 7:34 p.m.

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. 24-88

12. ACTION ITEMS

13. DEPARTMENT HEAD REPORTS

13.1. ID-2024-258 Community Development Director's Report on Planning Commission Actions at the June 27, 2024 meeting:
(a) Update on Reach Codes - City’s Environmental Services staff will provide an update on the status of Reach codes in Emeryville and in the state in general.*
(b) Temporary Women’s Emergency Shelter (UP23-002) -
Consideration of a modification to the Conditions of Approval of the Conditional Use Permit for the Temporary Emergency Women’s Shelter located at 4300 San Pablo Avenue and approved by the Planning Commission on March 23, 2023. This modification relates to the Condition of Approval that establishes the approval duration extending it from the current expiration date of June 30, 2024 to December 31, 2024. CEQA Status: This project is exempt from environmental review under California State CEQA Guidelines Section 15301, which applies to minor alteration of existing structures involving negligible or no expansion of use, and the “common sense exemption” City of Emeryville Page 6 of 8 Printed on 4/21/2025
City Council ACTION MINUTES July 2, 2024
at State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposal may have a significant effect on the environment. General Plan Land Use Classification: Mixed Use with Residential, Major Transit Hub, and Neighborhood Retail Overlay; Zoning District: Mixed Use with Residential (MUR), Transit Hub Overlay (TH), Neighborhood Retail Overlay (RR) and Pedestrian Priority Zone (PP) (Applicant: Berkeley Food and Housing Project - Angela Upshaw) (Owner: City of Emeryville) (APNs: 49-1079-14-1 and -17-1)
(c) Acquisition of Property Findings (1245 Powell Street) Consideration of findings required by Government Code §65402 in order for the City to acquire a 12,800 square foot parcel located at 1245 Powell Street. CEQA Status: This project is exempt from environmental review under State CEQA Guidelines Section 15061(b) (3), the “common sense exemption”, because it can be seen with certainty that there is no possibility that the proposal may have a significant effect on the environment. General Plan Land Use Classification: Mixed Use with Residential; Zoning District: Mixed Use with Residential (MUR) (APN: 49-1314-1-1)**
(d) Update to Accessory Dwelling Units Ordinance (ORD24-003) Consideration of a recommendation to the City Council to approve proposed amendments to Article 14 of the Planning Regulations (Title 9 of the Emeryville Municipal Code) to make State-mandated changes related to Accessory Dwelling Units and Junior Accessory Dwelling Units. The proposed amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) under Public Resources Code §21080.17, which provides that CEQA does not apply to the adoption of an ordinance to implement the provisions of Government Code §65852.2 pertaining to Accessory Dwelling Units *Information item only
**This item is tentatively scheduled for City Council action on September 3, 2024
***This item is tentatively scheduled for City Council action on July 16, 2024
The agenda packet for the June 27, 2024 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=5626> Community Development Director Chadrick Smalley gave a report of the June 27, 2024, Planning Commission meeting.

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City Council ACTION MINUTES July 2, 2024

14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
Vice Mayor Mourra requested and received majority support for an item to be presented at the next meeting of the Budget and Governance Committee to review overtime fees for the Emeryville Police Department, and to update the Master Fee Schedule accordingly.

15. ADJOURNMENT
The meeting adjourned at 7:38 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a meeting of the Emeryville City Council.
/s/ April Richardson, CMC
City Clerk
City of Emeryville Page 8 of 8 Printed on 4/21/2025

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