Madam Clerk, the time is still 7.19 PM. I'd like to call to order this meeting of the Inveriveell City Council. We're still here at 13th, 3rd, Park Avenue here in Inveriveell, California. My previous comments regarding proper meaning behavior from those attending is still, still stands. Madam Clerk, I would also still like to note your previous comments about member bouders parts is paying remotely and having the agenda posted still stand as well. And all members of the city council who are here are still present. And then that brings us to item three, the approval of the final agenda members. Do we have a motion for the final agenda for the City Council meeting? And the approval. Oh, a second. We've got a motion in the second, Madam Clerk, the roll, please. Council member Bowders. Aye. Council member Carr. Aye. Council member Price Force is absent. Vice Mayor Moira. Aye. And Mayor Welch. Aye. I and for we have no special orders of the day and in five announcement of Commission and Committee vacancies madam clerk. Thank you mayor I have no report this evening. Thank you very much. Item six is council member special announcements and reports on meetings and attendance members do any of you have any reports? Would you like to share? None. Reboudders? All right I don't have anything. Item seven is City Management Report. I just wanted to share. Number of bountains. All right. I don't have anything. Item seven is City Manager of the Port. I just wanted to announce the Community Services Department has a couple of events coming up. The pool of pumpkins on Saturday, 10, 19, from 1 to 3 at the ECCL pool, free to swim, and then $8 for a pumpkin and decorating table. And then we also have movies in the park at Hootune Park Friday 10 25 Begins at sunset and the movie is nightmare before Christmas wonderful. Thank you Pedro Item 8 is X partake communications members who any of you have any X partake communications to report for the City Council meeting agenda I have one. Yes, please. For item 11.1, I have a discussion with upside foods regarding the noise waiver ordinance or noise waiver request. All right. Thank you. Any other members with expert take communications to report? Not really, but there was a communication about arts, the selection of the artists, so that I got it from one of the members on the Public Arts Committee. All right. Thank you very much. Remember about us anything for you? No. Very much and I have nothing to report. Item 9 is public comment for the consent agenda and items on the agenda. If any member of the public wishes to make a comment for the consent agenda or items on the agenda can do so now for two minutes. Anyone? Got a such a big crowd and no one wants to come make public comment. All right, we'll seeing no members of the public wishing the comment we'll close. Public comment item 10 is the consent agenda. Members please review the consent agenda. If any of you would like to pull it and item for for further discussion, please say so now. If not, do we have a motion on the consent agenda? I move approval. Second. We've got a motion and a second on the consent agenda. Madam Clerk, the roll, please. Council member Bowders. Aye. Council member Carr. Aye. Council member Price Forces absent. Vice Mayor Moira. Aye. And Mayor Welch. Aye. Vice Mayor Moira. Hi. And Mayor Welch. Hi, item 11. We have one public hearing. We've got a resolution of the City Council of the City of Imremile granting a waiver for no ordinance to upside foods for work on 14 specified weekends starting November 2nd, 2024 and concluding February 23rd, 2025. There was a typo there. 2025. There is a request for to wave presentation on this item. Members would you be agreeable to wave presentation on the item. Thank you, Navar. We're going to raise presentation. So this is a public hearing. Madam Carcass. The time is 723 p.m. I am opening this public hearing and remember of the public wishing to make a comment on this public hearing can do so now for two minutes. All right. Seeing no members of public wishing to make a comment on this public hearing, I met him clerk the time is seven is still 723 PM. I close the public comment for this public hearing. Members, I turn to you for deliberation or a waiver, or sorry, for the motion on the waiver. Motion to approve the resolution. I'll second. Madam Clerk, we have a motion in the second. The roll, please. Council member Bouders. Aye. Council member Carr. Aye. Council member Price Force is absent by forces absent by smare mora aye and mayor welch. I thank you very much members We're moving on to item 12. We have two action items item 12.1 as a resolution of city council the city of inriville Approving the purchase of an artwork for the city's annual purchase of work program entitled las on day Chamin total. I think I said that right. Did I say it right? I hope so. Oh, thank you. Hey, look at me. I need to come up. I just, she asked if she said that title of your piece. Oh, look at me. OK. Wonderful. And Amber, welcome very much. Thank you. You have something to share. I have a presentation because we are bringing actually four things we're going to ask of you tonight. Wonderful. Thank you so much for being here with us. Amber Evans Community Development Coordinator for the City of Emeryville. Excite, please. I'm bringing forward tonight a recommendation for the 2024 Purchase Award. There were over 223 artworks in the show from 154 local artists for those who may not know. These are all artists that work or live in Amrayville. We don't consider works that aren't for sale. Anything that's been developed by a city employee, their spouses, or there are any conflicts. Next slide please. Every year we have a selection panel that's made up of five members, a local art professional, representative of the PAC, a staff member representing the user group of the works that are installed in city facilities, one member of the celebration of the arts, either their board or community members. And then one community member representing the community at large, reflecting the work of the broader community. Next slide, please. We rank, or they, the panel, ranks their top five works, looking at the aesthetics, the public appeal, the curatorial focus. That's probably the criteria, get the most questions. We usually mean something different than what is elsewhere in the collection. Long Jeviti, we need them to be durable. And then of the top 25 top selections, 14, we're within a selection of one or more panelists. They reviewed those pieces together and six artists were individually scored. Next slide please. I think a lot of times the artist that almost made it don't get acknowledged, so I just wanted to say that Scott Donahill, Yuzo Nucano and Gell Tarantino were also in the short list that got ranked if we could go to the next slide. But recommended tonight is the purchase of, and I'm not gonna try and say it because I'm gonna offer that Roberto Guestilla Mundi be if the panel likes, invited to the panel to be congratulated on his work. If you do choose to move forward with the PAC and selection panels recommendation to purchase this work. It's a over nine foot totem skinny, less than a foot wide. And we are thinking that we would place this in city hall in the main lobby. And just a few minutes ago, I was reviewing potential sites and we're thinking right near the front lobby door. So one of the first things you would see as a greeting to City Hall. Next slide, please. Also recommended for honorable mention was Bill Schwab. And you can see a piece of his earlier work here in this building before. And as I said, we will consider artists after they've it's been five years since their purchase. And this was recommended for honorable mention, for sonorable mention. Next slide, please. And then Jenny O'Connor with curved wall and this is not a painting, it's painted film over chalk. Pistel was recommended for second honorable mention. And then as I mentioned Roberto and his family are here to be honored as well as Bill Schwab and his partner. So if just to see how excited everyone is to see about the purchases and to see the action tonight, I point out that they are here. And next slide. We do stipends for the panelists. We have a nice event. You're all invited to that. that I have talked with the recommended artist, Bellby traveling to Peru, and not available when we usually do this in December. So it will probably be pushed about February if you were to move forward with the recommendation. We install plaques. The purchase price is as it's at the show. And we have talked about the possibility of needing to further secure the work. It is very tall. It has a very heavy base, but we want to make sure that we understand the risk associated with a public placement and may need to actually secure that. So we've asked for additional allocation, both reflecting the purchase price and that possible higher cost installation and ask for next slide. The recommendation of the piece and appropriation of additional 12,850, we always have $25,000 in the budget as a standard practice for this purchase and we went a little a little grander this year so we need additional funds and to acknowledge past future figure by Bill Schwab and Curved Wall by Genio Conner as the first and second honorable mentions respectively. Thank you. Any members any follow questions for Amber? the . So, this is an action item. And so, if any member of the public wishing to make a public comment on item 12.1 can do so now for two minutes. Please come join us at the podium. Thank you. The city of to thank the City of Emerbill you guys and thank my wife because I wouldn't be here without her. And just to know that I am a proud Emerbillian and we always look forward to doing work with the city. And I'm feel very honored to have gotten the price and to be here with you guys. Thank you very much for your comment. Any other members of the public wishing to make comment on item 12.1? All right. Public comment is now closed. Members, I turn to you for deliberation or a motion. We've comment please. Ah, remember about us. Thank you very much Madam Mayor. I just want to commend the folks who put on the celebration of the arts. I know it's continuing through almost the end of this month for the work they've done for over almost 35 years now to make this event a huge success. I want to thank the members of the City Council who attended and participated in that event to show its support, as well as the members of the staff who assist the Public Art Committee and the members of the community who are public artists and have contributed to this event. It was the largest exhibition we've ever had. It was one of the best attended events and I've hosted the bar for nine years at this event and we ran out of wine with an hour to go, which tells you that the desire for art and culture in our community is as strong as it has ever been. And I wanna congratulate each of the artists who are being recognized and to the recipient of the Public Art Prize. Congratulations for your work. Happy to have you as an evil in our community. I make a motion to approve the recommendations. Thank you, member bowters. I'll second the motion. Thank you. I just wanted to note this was my first time attending celebration of the arts as the mayor. And the community feedback was nothing short of just extraordinary people from all over the region look forward to this event. And I just want to echo member bouders statements of thinking just everyone who is a part of putting on the event every year our staff. Amber, I know you are. Oh, rude. You are a part of this just in so many different ways. More than we can count. And our public art committee, everyone who chooses all of our artists, especially the ones who share our home here in Imriville, who choose to share their talent with us. Because that is truly what you're doing. You are sharing your talent with us. Thank you. You are part of making one of the most celebrated art events in the barrier of region. Just something that people look forward to and that comes, people come all over from all types of different communities to just be a part of this event with us. And it's really wonderful to see. I luckily was able to sneak just one glass of wine before we ran out. So no one worried the mayor did get her wine, but it was just being able to be in leadership and be a part of the event and play my very small role as the mayor was something that was very near and dear to my heart and just seeing the just the overall excitement and very positive energy was very something something I'll always remember. And so with that being said, Madam Clark, we do have a motion in a second. The role, please. Council member Bouters. Hi, Council member Carr. Aye. Council member Pyefors is absent vice mayor Moira. Aye. And mayor Welch. Aye. Roberto congratulations. Item 12.2 is introduction of first reading of an ordinance of the city council the city of Imruville repealing and repacing various municipal closed provisions to eliminate or modify criminal penalties identified as group three amendments repealing chapter two advertising and chapter eight gas water and electric meters of Title V public welfare and their entirety sequel determination not a project and exempt pursuant to CEQA guidelines and sections. Mr. Kennedy, hi. How are you? Good evening, Mayor Welch and Council members. We have a brief presentation if you would like. Our special council, Margaret Cotsibiu, who has a PowerPoint, she's attending remotely, and she can walk us through these various amendments that we're bringing forward as part of Group 3, which will be the last set of revisions to the municipal code as part of the effort to decriminalize the Amoryville municipal code. So it is a... Members, this is now, we've been through several series of the Decrym actions. Do any of you feel it's necessary, Margaret, I'm sorry to bring you on. Member Bouters, I do recognize you. Did you have a comment? I just have one question. I'm happy to wave the presentation as we have been over this many times. There were two small ordinance fixes one related to intoxication, I believe, that are not included in this proposal tonight. So I'm happy to move forward with what we have. I just wanted to check on the time from the ones that have time specific. The couple of small changes we made at the last study session. What's the timeline for getting those done? Margaret, are you available? Yes, can you hear me? Yes, we can hear you. Yes, actually I'd like to ask additional questions because we did include the exhibit one is the revisions to the intoxication ordinance. Is there additional changes? Let me just check real quick, because it's not showing up as real line online. Yeah, we added a section. It's in C, is that what it is? Yes, maybe it doesn't show up on its colors. So maybe in the version you got, it didn't come across. Nope, it comes through. So this is completion of all of the items in section three of the code then. OK, so I have no additional questions, Madam Mayor. Thank you. Members, so you are agreeable to waving presentation for this item? Yes. Yes. OK. Well, thank you, Margaret. Thank you, Mr. Kennedy. This isn't this isn't action items. So I'm going to call for public comment any member of the public wishing to make comment on item 12.2 can do so now for two minutes. I think we have cleared out all of our audience. Okay, going months going twice as it gets anyone's in the hallway. No, all right public comment is now closed members are returned to you for additional deliberation or do we have a motion on the item. All right. Yes, member batters. Yeah, I want to thank the mayor for indulging me for a comment for a comment. So I was the only council member here in 2020 when we undertook a special study session in July that year to examine the ways in which the city of Emoryville could be more forward thinking about how public safety and public safety services interfaced with communities of color. It's a very challenging conversation for many community members to have. It's rooted deeply in the institutional racism that many of the infrastructure pieces and systems in which our society relies upon are rooted and how they by design discriminate against people of color. And we had a really robust conversation about a number of items that Council members brought forward. This item was an item I brought forward, which was to really examine the ways in which we could have our code speak our values and not focus on the penal code and the ways in which people can be criminally punished, but to look for ways in which we can obtain community safety through other investments, including our child early child development center, including investment center staff and our community, and re centralizing the municipal code around civil enforcement. And this has been a very long process. I want to thank prior city attorneys, including Michael Guina, Andrea Vistveswarra. I want to thank Mr. Kennedy. I want to thank Margaret, Christie Crowell. There's a large number of people who have worked on this process for four plus years since the council gave its initial direction to do this. By removing things from the penal code, we eliminate opportunities for pretextual stops. We eliminate opportunities further to be negative engagement, harassment. We often talk about how there are inherent tensions between law enforcement and community and particular people who have been traditionally overpoliced and under-resourced. But one of the things municipal governments can do that not many do is do a deep dive into why we have built a entire infrastructure, a code system around inequality. And through the course of this, I learned a lot of things about Emeryville. I learned that we had ordinances dating back to the 50s, 60s and 70s that penalized spitting that penalized not picking up dog poop that penalized not having a bicycle license and these are rooted in institutional racism and they were designed originally for law enforcement personnel to stop people who didn't look like they belonged in our community. And as part of our venture forward, I just want to say as someone who's worked on addressing institutional racism and removing disparities in the way in which the criminal legal system encounters and deals with people in our community. I'm really grateful that we have completed this process. And I'm happy to see it finished before I leave here as something that was a venture we began a long time ago. I grateful to the mayor and the council for indulging me on giving this brief speech because to me, this is an extremely important set of things that we've done that many people will not look at, but have actually materially changed the way our city conducts its business. And I make a motion to approve this item. Thank you, member batters. A second. Point of clarification, we're just asking for introduction and waving the first reading of the ordinance of Pellow. That will be my motion. I'll wave first reading. Thank you. Yes. And then I'll second that. All right. I just wanted to note before we call for the role that this isn't something that's unique to Henry Villas for as having these archaic type of ordinances on the books that continuously criminalize and actually target communities of color. And we see it all over the nation where they have archaic laws that allow law enforcement to consistently, systemically harass people of color, communities of color specifically focusing on the black community. And we see this a lot in the American South, but unfortunately California, even in this space that we feel is very liberal, that is forward thinking still has these type of issues. And so I appreciate member bouders and our council predecessors for being forward thinking and not leaning on the fact that we do live in a liberal diverse space and thinking that we do not have to look in the mirror sometimes to address some of the historic issues that have played into a lot of the systemic problems that we experience as a nation. In Reville is a small city, but we continue to be a, in my humble opinion, a beacon of hope, and an example of what cities can do around forward thinking, innovative governance. And so I just wanted to note my appreciation for their work as well. And Madam Clerk, we do have a motion and a second on the item. This is to read the item by title only. Yes. Council member Bouters. Aye. Council member Carr. Aye. Council member pry forces absent vice mayor Moira. Aye. And mayor Welch. Aye. Mr. Kennedy. Thank you mayor Welch. 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 three amendments. Repealing chapter two advertising and chapter eight, gas water and electric meters of title five public welfare in the entirety, sequel determination, not a project and exempt pursuant the . . . . . . . . . . . . . . . . . . . . . . . . please. Council member Bouters. Aye. Council member Carr. Aye. Council member Pye Force is absent by Smear Moira. Aye. And Mayor Welch. Aye. Thank you members. Thank you staff. Item 13 is Department Head Reports. No? No report this evening. Thank you. Nothing. Nothing. Okay. Item 14 is future agenda item request from council members. Members, we have any future agenda item request. None here. Member batters. Oh no. Madam clerk, the time is 7.44 p.m. This meeting is adjourned.