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, September 3, 2024 7:16 PM Council Chambers
1. CALL TO ORDER
The meeting was called to order at 8:28 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
Mayor Welch moved item 4 after item 14 and withdrew item 10.7 from the agenda.
A motion was made by Mayor Welch, seconded by Council Member Bauters, to approve the final agenda as amended. 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-2024-316 Proclamation Of The City Council Of The City Of Emeryville Recognizing September 14, 2024, As National Food Is Medicine Day. (Mayor Courtney Welch)
4.2. ID-2024-317 Proclamation Of The City Council Of The City Of Emeryville Honoring Paul Buddenhagen For His Service To The City As City Manager. (Mayor Courtney Welch)
5. ANNOUNCEMENT OF COMMISSION / COMMITTEE VACANCIES
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6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING
ATTENDANCE
7. CITY MANAGER'S REPORT
City Manager Paul Buddenhagen thanked the Mayor and Council for their support during his tenure.
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 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-2024-330 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-2024-294 Action Minutes Of The July 16, 2024, Special City Council / City As Successor Agency To The Emeryville Redevelopment Agency / Management Of Emeryville Services Authority Closed Session Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.3. ID-2024-295 Action Minutes Of The July 16, 2024, City Of Emeryville Study Session Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.
10.4. ID-2024-297 Action Minutes Of The July 16, 2024, Regular City Council Meeting. (April Richardson)
Attachments: Action Minutes
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City Council ACTION MINUTES September 3, 2024
A motion was made to approve the Minutes.
10.5. ID-2024-315 Resolution Of The City Council Of The City Of Emeryville Increasing The Purchasing Authority Of The City Manager From $45,000 To $75,000 For All Purchases, Including Professional Services, General Purchases Such As Supplies, Equipment And Leases, And “Public Projects” As Defined By The California Public Contract Code. (Paul Buddenhagen / Pedro Jimenez)
Staff Report
Draft Resolution
AI 0605 Purchasing and Accounts Payable
APPROVED Resolution No. 24-98
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 24-98
10.6. ID-2024-318 Resolution Of The City Council Of The City Of Emeryville Amending Council Policy 003 For Reimbursement For Approved Travel And Other Expenses For City Council Members, Commissioners And Committee Members. (Paul Buddenhagen / Pedro Jimenez)
Staff Report
Council Policy 003: Travel Policy and Expense Reimbursement (Red-Lined)
Draft Resolution
Council Policy 003: Travel Policy and Expense Reimbursement (Clean)
APPROVED Resolution No. 24-99
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 24-99
10.7. ID-2024-302 Resolution Authorizing The Mayor To Issue An Administrative Subpoena To Grocery Outlet For Federal And State Tax Returns For 2021, 2022, and 2023. (John Kennedy)
Staff Report
Draft Resolution
Attachments:
This item was removed from the agenda.
10.8. ID-2024-299 Resolution Of The City Council Of The City Of Emeryville Approving The 2024 Amendment Of The City Of Emeryville’s Conflict Of Interest Code. (April Richardson)
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Staff Report
Attachment A - Appendix A
Attachment B - Appendix B 2024 - Tracked Changes
Attachment C - Appendix C - Tracked Changes
Draft Resolution
Exhibit A - 2024 Conflict of Interest Code - Clean
APPROVED Resolution No. 24-100
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 24-100
10.9. ID-2024-291 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 California Office Of Traffic Safety, Selective Traffic Enforcement Program (STEP) In The Amount Of $50,500 For Funds Related To Improving Traffic, Bicycle, And Pedestrian Safety Within The City. (Jeff Jennings / Oliver Collins) Staff Report
Draft Resolution
APPROVED Resolution No. 24-101
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 24-101
10.10. ID-2024-292 Resolution Of The City Council Of The City Of Emeryville Acting As The Disaster Council Of The City Of Emeryville Authorizing Volunteers To Attend CERT Academy Training In The Fall Of 2024 Under The City’s Disaster Service Worker Volunteer Program In Compliance With The California Emergency Services Act (ESA) And Disaster Service Worker Volunteer Program Regulations. (Jeff Jennings / Fred Dauer)
Staff Report
Cal OES Disaster Services Worker Guidelines
Draft Resolution
APPROVED Resolution No. 24-102
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 24-102
10.11. ID-2024-298 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept A Mass Care And Casualty Trailer From The County Of Alameda. (Jeff Jennings / Fred Dauer)
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Staff Report
Draft Resolution
APPROVED Resolution No. 24-103
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 24-103
10.12. ID-2024-333 Resolution Of The City Council Of The City Of Emeryville Appointing Adam W. Politzer As Interim City Manager And Approving An Employment Agreement Between The City Of Emeryville And Adam W. Politzer As Interim City Manager And Authorizing The Mayor To Execute Said Agreement On Behalf Of The City. (Lilybell Nakamura) Staff Report
Draft Resolution
Exhibit A - Employment Agreement
APPROVED Resolution No. 24-104
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 24-104
10.13. ID-2024-309 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into An Agreement By And Between The County Of Alameda And The City Of Emeryville For The Purpose Of Carrying Out The Community Development Block Grant Program For Fiscal Year 2024-25. (Chadrick Smalley / Valerie Bernardo) Staff Report
Draft Resolution
Exhibit A to Resolution - CDBG Agreement
APPROVED Resolution No. 24-105
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 24-105
10.14. ID-2024-306 Resolution Of The City Council Of The City Of Emeryville Accepting The Quiet Zone Safety Engineering Measures Project, Project No.
EPW-18103 (CIP No. 19475008) As Complete; Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk; And Appropriating $2,300,000 From Unallocated Fund 475 To CIP No. 19475008. (Mohamed Alaoui / Ryan O'Connell)
Staff Report
Draft Resolution
APPROVED Resolution No. 24-106
Attachments:
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City Council ACTION MINUTES September 3, 2024
A motion was made to approve this Resolution.
Enactment No: Reso No. 24-106
10.15. ID-2024-343 Resolution Of The City Council Of The City Of Emeryville To Execute Side Letters Of Agreement With The Service Employees International Union Local (SEIU) 1021 And The Confidential, Administrative, Managerial And Professional (CAMP) Bargaining Groups And Authorize A One-Time Lump Sum Payment To Regular Full-Time MESA Employees. (Lilybell Nakamura)
(In Conjunction With MESA Agenda Item 6.1)
Staff Report
Draft Resolution (City Council)
Exhibit A - SEIU Side Letter of Agreement
Exhibit B - CAMP Side Letter of Agreement
APPROVED Resolution No. 24-107
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 24-107
10.16. ID-2024-310 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A License Agreement With Bay Area Community Services, Inc For Use Of Real Property Located At 4300 San Pablo Avenue For Temporary Transitional Housing. (Chadrick Smalley / Charles Harris)
Staff Report
Attachment 1 - Program Narrative
Attachment 2 - Plans Excerpts
Draft Resolution
Exhibit A to Resolution - License Agreement
APPROVED Resolution No. 24-108
Attachments:
A motion was made to approve this Resolution.
Enactment No: Reso No. 24-108
11. PUBLIC HEARINGS
11.1. ID-2024-311 Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance To Resources For Community Development And J.H. Fitzmaurice, Inc. For Saturday Work From September 7, 2024 Through May 31, 2025 Between The Hours Of 9:00 A.M. And 5:00 P.M. For Work With Hand Tools And Mixers For Paint, Texture, And Stucco At 3600 San Pablo Avenue (APNs 49-950-6-1, -8-1, And -1) (CEQA Status: Exempt Pursuant To State City of Emeryville Page 6 of 11 Printed on 9/18/2024
City Council ACTION MINUTES September 3, 2024
CEQA Guidelines Section 15061(b)(3)). (Chadrick Smalley / Miroo Desai / Alyssa Chung)
Staff Report
Draft Resolution
Exhibit A to Resolution - Waiver Request
APPROVED Resolution No. 24-109
Attachments:
Assistant Planner Alyssa Chung made a presentation.
PUBLIC HEARING OPENED: 8:38 p.m.
0 speakers.
PUBLIC HEARING CLOSED: 8:39 p.m.
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. 24-109
12. ACTION ITEMS
12.1. ID-2024-303 California Public Employees’ Retirement System Contract Amendment: (John Kennedy)
Attachments: Staff Report
City Attorney John Kennedy made a verbal presentation.
0 speakers.
12.1.1. ID-2024-304 Resolution Of Intention To Approve An Amendment To Contract Between The Board Of Administration Of The California Public Employees’ Retirement System And The City Council Of The City Of Emeryville
Draft Resolution of Intention
Certification of Governing Body’s Action
Certification of Compliance with Government Code Section 7507 Exhibit A - Contract Amendment
APPROVED Resolution No. 24-92
Attachments:
A motion was made by Council Member Bauters, seconded by Council Member Kaur, to approve this Resolution. The motion carried by the following vote:
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Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
Enactment No: 24-92
12.1.2. ID-2024-305 Introduction And First Reading Of An Ordinance Of The City Council Of The City Of Emeryville Authorizing An Amendment To The Contract Between The City Of Emeryville And The Board Of Administration Of The California Public Employees’ Retirement System (PERS) To Provide For The Merger Of The Management Of Emeryville Services Authority’s (MESA) PERS Contract Into The City Of Emeryville’s PERS Contract
Draft Ordinance
Exhibit A - Contract Amendment
Attachments:
A motion was made by Council Member Bauters, 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, Council Member Kaur, and Council Member Priforce
5 -
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, Council Member Kaur, and Council Member Priforce
5 -
12.2. ID-2024-307 Resolution Of The City Council Of The City Of Emeryville Authorizing The Acquisition Of 1245 Powell Street (APN 49-1314-001-01); Appropriating $1,706,000 From The Park Impact Fee Fund (Fund 237) To The Budget For Capital Improvement Project URG-01 For Fiscal Year 2024-2025 For The Acquisition Of 1245 Powell Street And Associated Closing Costs; And Authorizing The City Manager To Execute All Documents Required To Complete The City’s Acquisition Of 1245 Powell Street At A Purchase Price Not To Exceed $1,700,000. (Chadrick Smalley)
Staff Report
Draft Resolution
APPROVED Resolution No. 24-110
Attachments:
Community Development Director Chad Smalley made a
presentation.
0 speakers.
A motion was made by Vice Mayor Mourra, seconded by Council Member Kaur, to approve this Resolution. The motion carried by the City of Emeryville Page 8 of 11 Printed on 9/18/2024
City Council ACTION MINUTES September 3, 2024
following vote:
Ayes: Mayor Welch, Vice Mayor Mourra, Council Member Bauters, Council Member Kaur, and Council Member Priforce
5 -
Enactment No: Reso No. 24-110
12.3. ID-2024-322 Resolution Of The City Council Of The City Of Emeryville Adopting The Annual Statement Of Investment Policy And Delegation Of Authority To The Finance Director/Treasurer. (Lawrence Chiu)
Staff Report
Draft Statement of Investment Policy (Redline)
Draft Resolution
Exhibit A - Statement of Investment Policy (Clean)
APPROVED Resolution No. 24-111
Attachments:
0 speakers.
A motion was made by Council Member Bauters, seconded by Council Member Kaur, 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. 24-111
12.4. ID-2024-344 Resolution Of The City Council Of The City of Emeryville Establishing Fiscal Year 2025 Property Tax Levy Rate For The City’s General Obligation Bond Indebtedness (Measure C Affordable Housing Bond). (Lawrence Chiu / Chadrick Smalley)
Staff Report
Draft Resolution
Exhibit A – Tax Rate Calculation based on FY 2025 Assessed Values APPROVED Resolution No. 24-93
Attachments:
Finance Director Lawrence Chiu made a presentation.
0 speakers.
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. 24-93
12.5. ID-2024-329 Resolution Of The City Council Of The City Of Emeryville Adopting The Amended Expenditure And Reserve Policies For Measure F Funds.
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(Lawrence Chiu)
Staff Report
Draft Resolution
Draft Expenditure & Reserve Policies (Redline)
Draft Expenditure & Reserve Policies (Clean)
APPROVED Resolution No. 24-112
Attachments:
Finance Director Lawrence Chiu made a presentation.
0 speakers.
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. 24-112
13. DEPARTMENT HEAD REPORTS
13.1. ID-2024-308 Community Development Director's Report on Planning Commission Actions at the August 22, 2024 meeting:
(a) Temporary Relocation - STAIR Navigation Center (UP24-003) - Consideration of a Conditional Use Permit application for the temporary relocation of a navigation center to the former City Recreation Center located at 4300 San Pablo Avenue. 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” 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: Bay Area Community Services - Renee Tripp) (Owner: City of Emeryville) (APNs: 49-107914-1 and -17-1) (b) Update to Accessory Dwelling Units Ordinance (ORD24-003) - Consideration of a modification to the Commission’s previous recommendation to the City Council on 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 City of Emeryville Page 10 of 11 Printed on 9/18/2024
City Council ACTION MINUTES September 3, 2024
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.*
(c) Powell Street Plaza Master Sign Program (SIGN24-002) - Study Session for a Major Sign Permit for the Powell Street Plaza Master Sign Program, the site for which is located approximately between Powell Street to the north; Christie Avenue and Shellmound Street to the east; Sonesta hotel to the south; and Interstate 80 to the west. The Master Sign Program would establish standards for a mix of existing and future site and tenant signage including monument, wall, and freeway-facing signs. CEQA Status: This project is exempt from environmental review under State CEQA Guidelines Section 15311(a), which applies to placement of on-premises signs; and the “common sense exemption” 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 and Regional Retail Overlay. Zoning District: Mixed Use with Residential (MUR), Regional Retail Overlay (RR) Transit Hub Overlay (TH), and Pedestrian Priority Overlay (PP). (Applicant/Owner:
Bryanna Fox, Regency Centers) (APNs: 49-1515-1-4 to -6; 49-7-7; 49-1515-8-1; 49-1515-9; 49-1515-10-6, -7, and -11; -11; and 49-1515-11-7, -11 to -14; and 49-1515- 12-2 to -5)
*This item is tentatively scheduled for City Council review on September 17, 2024.
14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
15. ADJOURNMENT
The meeting adjourned at 9:21 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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