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Minutes, first session

Emeryville City Council
November 19, 2024

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Minutes, first session
Meeting
November 19, 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, November 19, 2024 7:16 PM Council Chambers

1. CALL TO ORDER
The meeting was called to order at 7:46 p.m.

2. ROLL CALL
Council Member Kaur and Mayor Welch participated remotely under the "just cause" provision provided by AB2449. Following roll call, they both stated that no one over 18 was present at their locations.

Vice Mayor Mourra was the Presiding Officer for the meeting.

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 Kaur, seconded by Mayor Welch, 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 Charice Duckworth resigned from the Housing Committee.

6. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS / REPORTS ON MEETING

ATTENDANCE

7. CITY MANAGER'S REPORT
City of Emeryville Page 1 of 8 Printed on 4/23/2025
City Council ACTION MINUTES November 19, 2024

8. EX PARTE COMMUNICATIONS
All five members had communications and emails with Buttner, Bolas, and other property owners on item 12.5.

9. PUBLIC COMMENT FOR CONSENT AGENDA / ITEMS NOT ON THE AGENDA 1 speaker.

10. CONSENT ITEMS
A motion was made by Council Member Bauters, seconded by Council Member Kaur, 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-2024-434 Warrants. (Lilybell Nakamura)
Staff Report
Wire Transfers
Check Register
Attachments:

A motion was made to accept this Informational Report.

10.2. ID-2024-427 Action Minutes Of The October 21, 2024, Special City Council / Management of Emeryville Services Authority Closed Session Meeting. (April Richardson / Lorrayne Leong)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.3. ID-2024-440 Action Minutes Of The November 5, 2024, Special City Council Closed Session Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.4. ID-2024-441 Action Minutes Of The November 5, 2024, Special City Council Meeting. (April Richardson)
Attachments: Action Minutes
A motion was made to approve the Minutes.

10.5. ID-2024-438 Resolution Of The City Council Of The City Of Emeryville Designating The City Manager, Assistant City Manager And The Finance Director, On Behalf Of The City, To Be The Authorized Agents To Engage With The Federal Emergency Management Agency (FEMA) And The
Governor’s Office Of Emergency Services (Cal OES) Regarding City of Emeryville Page 2 of 8 Printed on 4/23/2025
City Council ACTION MINUTES November 19, 2024
Grants Applied For By The City Of Emeryville. (Jeff Jennings / Fred Dauer)
Staff Report
Draft Resolultion
Exhibit A - Cal OES Form 130
APPROVED Resolution No. 24-133
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-133

10.6. ID-2024-431 Annual Development Impact Fees Report - Fiscal Year 2023-2024. (Chadrick Smalley / Miroo Desai)
Staff Report
Attachment 1 - Public Facilities Funded by Development Impact Fees Attachment 2 - Impact Fees Revenues Expenditures and Fund Balances - FY23-24
Attachment 3 - Impact Fee Budgets from FY 24-FY25 Budget Attachment 4 - Development Impact Fees 2024-2025
Attachments:

A motion was made to accept this Informational Report.

10.7. ID-2024-433 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Submit An Application For Transit Oriented Communities (TOC) and Planning Implementation Grant Funds From The Metropolitan Transportation Commission (MTC) For An Amount Up to $1,700,000. (Chadrick Smalley / Miroo Desai / Valerie Bernardo)
Staff Report
Draft Resolution
APPROVED Resolution No. 24-134
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-134

10.8. ID-2024-430 Second Reading And Adoption 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, Identified As “Group III Amendments;” Repealing Chapter 2 (“Advertising”) And Chapter 8 (“Gas, Water And Electric Meters”) Of Title 5 (“Public Welfare”) In Their 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 3 of 8 Printed on 4/23/2025
City Council ACTION MINUTES November 19, 2024
Staff Report
Attachment 1 - October 15th Staff Report
Draft Ordinance - 2nd Reading
Exhibit 1 to Ordinance - (EMC 5-9 Intoxication) RED-LINED Exhibit 2 to Ordinance - (EMC 1-2) RED-LINED
APPROVED Ordinance No. 24-012
Attachments:

A motion was made to approve this Ordinance.

Enactment No: Ord No. 24-012

10.9. ID-2024-445 Resolution Of The City Council Of The City Of Emeryville Approving The Emeryville Transportation Management Association (ETMA) 2025 Budget And Setting Compensation To The ETMA To Operate The Emery Go-Round Shuttle Service During The 2025 Calendar Year Under The Terms Of The Service Agreement For An Amount Not To Exceed Four Million, Six Hundred And Forty Thousand, And Eight Hundred Eighty Seven Dollars ($4,640,887); And Authorizing An Additional Six Hundred And Thirty Nine Thousand, Nine Hundred Sixty Six Dollars ($639,966) From The Emeryville Property Based Business Improvement District (PBID) Fund 805 To Cover Additional General Benefit Contribution. (Pedro Jimenez)
Staff Report
Draft Resolution
Exhibit A - 2025 ETMA Budget
APPROVED Resolution No. 24-135
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-135

10.10. ID-2024-444 Resolution Of The City Council Of The City Of Emeryville To Increase The Community Promotions Grant Subcommittee To Five Members And Change Participation To Include One Member From Each-Parks And Recreation Committee, Commission On Aging, Public Art Committee, And Economic Development Advisory Committee; And A Fifth Member To Be Selected From An Open Application Process From All Other Committees. (Rebecca Sermeno)
Staff Report
Draft Resolution
Exhibit A - Community Promotions Grant Subcommittee Roster APPROVED Resolution No. 24-136
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-136
City of Emeryville Page 4 of 8 Printed on 4/23/2025
City Council ACTION MINUTES November 19, 2024

10.11. ID-2024-447 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Three-Year Contract With An Option For Two One-Year Extensions With MuniServices, LLC For Sales And Use Tax Audit (SUTA) And Utilities User Tax (UUT) Franchise Administration And Compliance Consultant Services For A Total Amount Not To Exceed $160,000 For Five Years Effective January 1, 2025. (Lilybell Nakamura / Peggy Xu)
Staff Report
Draft Resolution
Exhibit A - MuniServices, LLC Professional Services Contract APPROVED Resolution No. 24-137
Attachments:

A motion was made to approve this Resolution.

Enactment No: Reso No. 24-137

11. PUBLIC HEARINGS

12. ACTION ITEMS

12.1. ID-2024-451 Resolution Of The City Council Of The City Of Emeryville Approving An Agreement Of Employment Between The City Of Emeryville And LaTanya Bellow As City Manager And Authorizing The Mayor To Execute Said Agreement On Behalf Of The City. (Courtney Welch / Lilybell Nakamura)
Staff Report
Draft Resolution
Exhibit A - Employment Contract
APPROVED Resolution No. 24-138
Attachments:
1 speaker.

A motion was made by Council Member Bauters, seconded by Mayor Welch, 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. 24-138

12.2. ID-2024-425 Resolution Of The City Council Of The City Of Emeryville Selecting The Proposal From Sijia Chen Of Sijia Chen Studio For The 40th Streetscape Public Art Project; Authorizing The City Manager To Execute An Agreement With Artist Sijia Chen For The Design, Fabrication And Installation Of The 40th Streetscape Public Art Project In An Amount Not To Exceed $500,000; And Appropriating $25,000 City of Emeryville Page 5 of 8 Printed on 4/23/2025
City Council ACTION MINUTES November 19, 2024
From The Public Art Fund (Fund 243) To The Fiscal Year 2024-2025 Budget For CIP Project No. COF-03. (Chadrick Smalley / Amber Evans)
Staff Report
Attachment 1 - Finalist Proposals
Draft Resolution
Exhibit A to Resolution - Artist Agreement
APPROVED Resolution No. 24-139
Attachments:

Economic Development Public Art Coordinator Amber Evans made a presentation and answered Council Member questions.
2 speakers.

A motion was made by Council Member Bauters, seconded by Mayor Welch, 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. 24-139

12.3. ID-2024-437 Resolution Of The City Council Of The City Of Emeryville Approving And Accepting The Emeryville Police Department’s 2024 Annual Military Equipment Use Report Pursuant To Government Code Section 7071 And Renewing City Of Emeryville Ordinance No. 22-006 “Approving Emeryville Police Department Policy Manual Policy 707- Military Equipment”. (Jeff Jennings / John Kennedy)
Staff Report
Draft Resolution
Exhibit A – Police Department 2024 Annual Report Inventory List APPROVED Resolution No. 24-140
Attachments:
0 speakers.

A motion was made by Council Member Bauters, seconded by Mayor Welch, 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. 24-140

12.4. ID-2024-449 2024-25 Fiscal Year Budget Update & Proposed Budget Strategies. (Lilybell Nakamura / Brian Moura)
Attachments: Staff Report
Financial Consultant Brian Moura made a presentation and answered City of Emeryville Page 6 of 8 Printed on 4/23/2025
City Council ACTION MINUTES November 19, 2024
Council Member questions.
0 speakers.

The City Council accepted this Informational Report.

12.5. ID-2024-446 40th Street Multimodal Project Staff Update on Traffic Analysis, Grant Efforts, and Project Schedule; And: (Mohamed Alaoui)
Staff Report
Attachment A Project Overview Map
Attachment B 40th Traffic Analysis Part I
Attachment C 40th Traffic Analysis Part II
Attachments:

Public Works Director Mohamed Alaoui made a presentation and answered Council Member questions.

The City Council accepted this Informational Report.

12.5.1. ID-2024-450 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Second Amendment To The Professional Services Contract With Diablo Engineering Group For Additional Services As Described In Exhibit A, And Increase The Total Compensation By $597,517.00 From
Unallocated Fund 475, For A Total Amount Not To Exceed
$3,572,995.84
Attachment D Professional Services Contract
Attachment E Professional Services Contract - 1st Amendment 40th Street Draft Resolution
Exhibit A Diablo Engineering Draft PSC 2nd Amendment
APPROVED Resolution No. 24-141
Attachments:

Council Member Kaur was absent 8:46 p.m. - 9:45 p.m.
7 speakers.

A motion was made by Council Member Bauters, seconded by Mayor Welch, to approve this Resolution. 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

Enactment No: Reso No. 24-141

13. DEPARTMENT HEAD REPORTS

14. FUTURE AGENDA ITEM REQUESTS FROM COUNCIL MEMBERS
City of Emeryville Page 7 of 8 Printed on 4/23/2025
City Council ACTION MINUTES November 19, 2024

15. ADJOURNMENT
The meeting adjourned at 9:45 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 4/23/2025

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