I'm going to go ahead and move on. Madam Clerk, the time is 7pm. I call to order. This special meeting of the Emoryville City Council, this meeting is being conducted in person at 1333 Park Avenue here in Emoryville. I would like to note that the City Council welcomes comments including criticisms about the policies, procedures, programs or services of the city or of the acts or missions of the City Council. the city of the city or of the acts or missions of the city council. Speakers are not used threatening profane or abusive language was to stretch the service or otherwise impedes the orderly conduct of a city council successor agency management of immoral services authority or related meeting. The city is committed to maintaining a workplace free of unlawful harassment and is mindful that the city staff regularly attend city council meetings. Description discriminatory statements such as conduct or such a conduct that would potentially violate the fair employment or housing act such as statements or conduct that is hostile intimidating, oppressive or abusive is per se destructive to a meeting and shall not be tolerated. Madam clerk the roll please. Council member bowters. Here. Council member Carr. Present. Council member Pryforce. Here. Vice Mayor Moira. Present. And Mayor Welch. the motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. The motion. I have no report for the council this meeting mayor. Thank you. Thank you. Madam clerk. I'm six is council member special announcements or reports on meetings attended. Any members have any special announcements or reports on meetings that they attended? Seeing and hearing none, item seven is City Manager's report. Mr. City Manager. No report for this evening. Thank you Mayor Washer. Thank you Mr. City Manager. Item eight is X partake communications. Members please review the agenda. Do any of you have any X partake communications to report for this agenda? Seeing and hearing none. Item 9 is public comment for the consent agenda or items on on the agenda. Any member of the public wishing to make a comment for the consent agenda or items not on the agenda can do so now for two minutes. I just told the city manager these barricades, these new barricades that have been placed here. Come at a cost. It shows the people that the city of Emeryville is paranoid and scared of the public. That's what these barricades show here. And other cities, members like press are allowed to come and take photographs in front of the speakers so they can get the speaker's faces but not here in Emeryville because of there's fear of the press, fear of free speech. Because we might not be able to speak about John Bouders on his fear of the press, fear of free speech. Because we might not be able to speak about John Bouders on his way out at the appropriate time I'm gonna speak about it now, just very briefly. Mr. Bouders, he's been our council member for eight years. Here's some of the things he's done in the eight years. He said no to the minimum wage ordinance. He rolled that back. He said yes to transforming Emoryville from He rolled that back. He said yes to transforming Emoryville from a city of homeowners into a city of renters. And then after that he said no to run control and stabilization. He said no to local governance over housing policy and yes to corporate control via real estate investment trust corporations. He's all over that. He's a corporate Democrat, as is the Mayor Courtney Wells. Mr. Bouders over his eight years has said no to an ethics commission because the people can't be trusted. It's anti-democratic. He said no to a balanced budget. And then as everybody knows in the last, in the last budget announcement, we have this massive budget deficit now thanks to Mr. Batters. He said yes to blaming the planning commission for the budget deficit. Mr. Batters blamed the planning commission for his budget deficit and that's not, you know, that's not appreciated. Mr. Batters is over the years I said no to parks. Parks come at the expense of housing. Thank you for your comment. Any other member of the public wishing to make comment on the consent agenda or items not on the agenda can do so now for two minutes. Well, hi, Council and Mayor. My name is Lori Josti, and I am the former Council Member and Vice Mayor of Berkeley. And I'm here to recognize John Bouders for his wonderful service to your community. I first met John back in 2016 when I was a lonely Council Member in Berkeley protesting a down zoning and he called me up and I was wondering who is this earnest Midwestern guy asking to help stand alongside me with anti-displacement advocates affordable housing proponents and we worked together to make sure that housing was provided to all individuals across all income levels. But this is not the only thing that John has done. He has cut through red tape with a machete. He is the complete package tied with a bow tie. And not only that, I think I know hundreds of elected officials throughout the Bay Area. And sometimes we get caught in these council meetings and we think that what we hear sometimes at these public comments is reflected in the broader Bay Area. But I just want to say that every single elected official that I've had an opportunity to work with in the region in Berkeley has lauded your service, have thought that you have been an incredible elected official and you've really served our community and our community is better for it. So I'm here to say thank you. You've been terrific. I love you and Emory Villa is very lucky to have you. Thank you. Thank you for your comment. Any other member of the public wishing to make comment on the consent agenda items on the agenda can do so now for two minutes. Yeah, hi, my name is Ken Bukowski. I'm a former council member. I served for 24 years here in Emoryville and it's great to be back even for the moment. John, thank you for your service. I think you've done a good job. Especially the proclamation you gave to people in the community that really deserve recognition. I think that was great. I won't say I am disappointed that you stopped the public participation in the video meetings because I wanted to participate several times but couldn't because you changed the rules. And also I wanted to let you know that at the regional level our city is really threatened because they're trying to take away local land use control. And regional measure four, I'm part of a group that part of the lawsuit against it because of language. And what they say is that when they provide any funding for housing They get land control of that parcel and so that's not a good idea They can take that money you got the corporate people making take that parcel Upzone and make money on it they can buy everything in town without coming up with any money just using the government power To increase land use, land values. Now I followed the metropolitan transportation commission and every bullet that board for 50 years supports everything the staff wants to do. That's an unbelievable record but that's the truth. And so that board is going to do whatever the staff wants to do and so what's written? I would say that if you want to support housing, don't do it with a corporate people going to control the money. Accessible laws are all about. They're not really interested in housing as much as they are controlling the money and controlling the land use. You know, the Bay Area Council is running a show and they have adopted a plan that says they have to take away that man-news decisions and economic decisions must be made at the regional level. And that's what they're going for. So we're really threatened here. And at some point I'm going to ask you if you consider testing a resolution to oppose the Bay Area housing finance authority and the next upon measure. Thank you very much. Thank you for your comment. Any other member of the public wishing to make a comment can do so now for two minutes. Thank you very much for the opportunity to speak here. Good evening, honorable council members. My name is Beth Esperanza Ritalis and I've been an Emerald resident for a bit over eight years now. I'm on the steering committee of the Avalon Tennis Advocates and I also serve on the city's commission and aging. I'm here today on behalf of the Avalon Tennis Advocates who really wanted to be here but seven o'clock is a little bit dark for many of the seniors in our building. So here I am, and I'd like to thank Council Member John Bouters for what he has done for us over the years at the Avalon Senior Housing, a low-income senior housing complex owned by Ebald C, the East Bay Asian Local Development Corporation. You've supported us in many occasions. A few examples are your robust support for the creation of a crosswalk, complete with flashing LED lights on mid-block San Pablo Avenue, the 40th Street, so that the elderly and the general public can cross San Pablo Avenue safely without getting hit by rusing cars often driving around 50 to 55 miles an hour on a 30 foot mountain. You also supported the small businesses on the first floor of our building by providing safety for the customers to often park across the street at pack and save. You attended our residence meetings a number of times after our building was robbed twice during the past two holiday seasons. Bringing along former city manager Paul Bootenhagen and chief police, chief of police Jeff Jennings affirmed the city's attention to the triangle neighborhood. The southernmost tip, the densest and poorest side of our city. So your dedication to public safety of Amirville residents. Thank you for actually productions. Have been tremendous. Thank you. Thank you. Any other member of the public wishing to make a comment can do so now for two minutes. Hi, my name is Vicki Suule. I have lived here for 40 years. The first time I met John Bouter was at Big Daddy's Community Garden when he was campaigning. He volunteered to clean a horrendously horrible spot in the garden. And he stayed there for two hours digging weeds. Even when I told him it wasn't necessary. So he wouldn't give up till he cleaned the whole job. I couldn't get over it. But anyway, the second time I met him was on the housing committee. And he really made that committee work. We got a lot of affordable housing in Emyville Citizens' Assistance Program. He's got us a new home, which will be great, but he got us a new truck, and he raised at least $150,000 for us. So he's meant a lot to the people. As you mentioned on the poor, on the west side of Emeryville, you've helped us a lot. Thanks a lot. We're a lot happier and safer while you were on the city council. Thank you. Thank you for your comment. Any other member of the public wishing to make comment can do so now for two minutes. Yeah, John, I want to thank you too I'm really excited to be here. I'm really excited to be here. I'm really excited to be here. I'm really excited to be here. I'm really excited to be here. I'm really excited to be here. I'm really excited to be here. I'm really excited to be here. I'm really excited to be here. I'm really excited to be here. I'm really excited to be here. D.C.L. Generator was planted about 500 feet from the ECCL. And it's just this long email chain of you talking all these different bureaucrats, asking for meetings, trying to find out how this thing was, why it was there, how long it was going to be there. It's that kind of stuff that I just don't have time for and I think most people don't have time to dig through the, talk to everyone, set up the meetings and handle things like this that affect our city. So I'm really thankful that you're one of those people that actually gets things done. And so I just want to thank you for that. Thank you for your comment. Any other member of the public wishing to make comment can do so now for two minutes. Going once, going twice. Public comment is now closed. Item 10 is the consent agenda. Members please review the consent agenda if anyone would like to pull an item off the consent agenda you can do so now if not we have a motion on the consent agenda. Motion to approve. A second. Madam Clerk we have a motion and a second the roll please. Council member Bouters. Aye. Council member Carr. Aye. Council member Priforce. I actually raised my hand to pull an item out of the consent calendar. I'm going to ask for a number car. I have a number of price. I actually raised my hand to pull an item out of the consent calendar. My hand was up the entire time. Member price was which item would you like to pull for a discussion? 10.6. I like to pull that from the consent agenda at this moment, we would need to discuss it now. I can provide comments now. But I would like to I'd prefer to move to the next meeting. If you're going to pull it from the consent agenda at this moment, we would need to discuss it now. I can provide comments now, but I would like to, I prefer to, I mean we could have a discussion now, but put the interest of time, it seems it looks like it might be a long evening. We can move it to next agenda. Madam Mayor, I just conferred with staff and that item is actually time sensitive. I did have a conversation with Council Member Pryforce earlier today. But that item is time sensitive, so if it pleases the Council, you can ask us questions of staff. And we can try to respond to those questions. We can move with the rest of the items and then we can return back. Is that, are you agreeable to that Council member? I, yeah. I made the motion. I'll make a motion to approve all items on the consent excluding 10.6. I'll second. Madam clerk the roll please. Council member batters. Aye. Council member Carr. Aye. Council member pry force. Aye. Council member Carr. Aye. Council member Priforce. Aye. Vice Mayor Mora. Aye. And Mayor Welch. Aye. Now take item 10.6 resolution of City Council the City of Emerald Proving the Annual Department Impact Fee Report from Fiscal Year 2023 to 2024. Do we have staff any staff comments on the item? Mr. Somali? I don't think we have any comments. We're happy to field any questions you may have on this report. This is for the approvals report. It was previously provided on a previous agenda as a public information item. Thank you. Member prior force, Do you have questions for staff? Yes, please. Thank you. So 10.6 specifically does deals with our. Our impact fees. And so given that the city is not. In a good shape financially. That is my statement that is not a statement good shape financially. That is my statement. That is not a statement from the city. That is my perception. My view given our budget shortfall, our home values, our vacancy rates, as well as a lot of other issues. I just don't want anything related to revenue generation or income that the city has to not be placed before the people. And so in terms of the impact fees, could you give some information around the when, because I read the staff report of each impact fee with what they are, for all of you who don't read these reports, they're all available online. But for those who were just watching, what each impact fee is, and what's been a timeline, so specifically what's been a timeline in terms of when they were, when were they created, and what's been the updates for each of those impact fees? And yes, that's it. The numbers, we can skip the numbers. Okay. I'll defer to planning manager Miroo Desai. Good evening, council members. Just to answer your question. Currently, we have three impact fees. Thank you. Good evening, councilmembers. Just to answer your question, currently we have three impact fees. The traffic, the parks and wrecks and affordable housing. The traffic impact fee has been instituted in the city since 1990. The other two impact fees, the parks and affordable housing, was in 2014. And then there was, and during that time, all three fees were updated in terms of nexus studies. So just to understand, in terms of what these impact fees are, there are essentially ways to mitigate impacts of developments, private developments on traffic facilities. The fact that we have more businesses, we have more residents, we, that also creates the need for more parks. So that's where the park impact fees come in. And there, and also the same thing for the housing. So that's the reason for the collection of impact fees. This is allowed by state law. And the report that is in front of you is required by state law as well. It is basically telling the citizens as well as those who contribute and the developers how much fees have been collected each year and how were they used. As Mr. Smolley mentioned, this report report was published at the last month and by law we required that this report be available to public for 15 days and it's more than 15 days, almost months. That's basically it. If there was any precise questions you had, then I would be happy to answer. So for the public's understanding, the impact fee you mentioned to were 2014 and one was as far back as 1990. Correct. Yeah, and so when we say that they have been updated every year, as required, the question I have, the two questions I have, one is when we say update, does that mean that there has been any adjustments? Correct. And also, what were those adjustments or variations through the years? I mean, I guess percentage wise or how we make those determinations. Right. So each year in April and we did that this year as well. We adjusted for the inflation and there's a methodology that we've been using since 2014. So this year's was 0.63 percent increase. I do not have the other numbers in front of me, but I think that the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the number of the the number of the number of the the number of the number of the the number of the number of the the number of the number of the So the fees were adjusted based on inflation. Does the City Council or Planning Commission have the ability to adjust those fees outside of inflation, meaning that do we have any discretion as to how those fees can vary. We would need to do an access study. We would need to update our next study that was done in 2014. And it is being scheduled. It's coming up in terms of its time. So you'll probably be seeing it in the coming year or so request to do that. I just want to say thank you for answering those questions and I just wanted to make it clear to and reveal public that this will be explored through a study session made by the staff. So I just want to say thank you. Of course. Motion to approve. Is there a second? I'll second. Madam Clerk, the roll please. Council member Batters. motion to approve. Is there a second? I'll second. Madam Clerk the roll please. Council member Batters. Aye. Council member Carr. Aye. Council member Prifors. Aye. Vice Mayor Mora. Aye. And Mayor Welch. Aye. Item 11 is public hearings. We have 11.1. The resolution of the City Council, the City of Irmryville granting a waiver from the noise ordinance for a sewer rehabilitation work on the sanitary sewer and scepter line owned by East Bay Municipal Utility District for a period of eight weeks on dates to be determined by East Bay Municipal Utility District and its contractor. Members, are you going to be able to be in the public. Members are you agreeable for us to wave staff presentation on this item. Yes. All right. Thank you. Moving forward, we'll go on to open the public hearing metal clerk. The time is 723 p.m. I am now opening this public hearing. Any member of the public wishing to make comment on the public hearing can do so now for two minutes. Oh, you're way to the podium. Well, the city has a long sort of sorry history in granting waivers for developers, especially developers and public utilities that want to violate our reasonable expectation for piecing quiet in our city. And this, I chronicled that for about 10 years and I found that it's virtually 100% of the time when it, especially a developer us for a waiver, the City Council will grant it. So you've used up your public good faith because now maybe this is a proper time to grant it, but you're going to grant it here in a few moments. But we will never know because you've used up all the good faith. And so, you know, everything comes with a cost. And now I am taking a video of the four of you who are not meeting my eyes. The ethics, the code of ethics says you're supposed to be active listening and looking at me when I speak it. Each public member that comes up here to speak is supposed to be looking at us. So says the code of ethics that you signed mayor Welch, you signed it and yet here you are, I'll zoom in on you. You're violating it, not actively listening to me right now, and that's a violation of the Code of Ethics. Thank you for your comment. Any member of the Public Wishing to Comment for the public hearing can do so. Now for two minutes. Seeing and hearing none, Madame Clerk, the time is 7.25 PM. This public hearing none, the time is 725 p.m. This public hearing is now closed. Members, I return to you all for deliberation or emotion. Move approval of the resolution. I will second. Man, we have a motion to second the roll. Please. Council member Bowders. Aye. Council member Carr. Aye. Council member Prifors. Aye. Vice Mayor Moira. Aye. Mayor Welch. Aye. There are no action items department had reports. None this evening. Thank you. I'm a 14 future agenda. I request from council members. Seeing hearing none. Madam Clerk this time is 726