2010

In two public hearings with no public speakers, Garth Schultz presented, and the Council adopted, 2011 integrated waste management fees, up 8.5 percent rather than the 10 percent once planned, and East Bay Sanitary rates with a 2.94 percent cost of living adjustment, a flat $1.65 for weekly green waste collection and an adjustment for customers moving to smaller cans. Councilmember Greg Lyman noted a bill would rise “roughly 12 or more dollars,” the 20-gallon increase looking high because it is largely the new green waste service, and staff promised to “throw open the books in 2011” on the rate model.

As the Redevelopment Agency, members designated the Moeser Lane center, with Safeway leaving and five owners, a master development area for a developer solicitation due back by April. Stan Lee (as captioned), owner of the Safeway parcel, called the resolution “premature and unwarranted at this time”; agency member Bill Jones said “ideally I'd rather not have the Redevelopment agency involved” but recalled the El Cerrito Plaza as “a virtual ghost shopping center.” Members added language giving existing owners preference, weighed against the agency's goals, and approved it unanimously.

Mayor Ann Chang convened a first concurrent meeting as mayor and announced commission appointments, and Tom Panis urged the city to buy park land with Measure WW money.

Environmental Services Division Manager Melanie Mintz and the Pankow and Nolan Tam team (as captioned) presented a circular recycling center with 10 kilowatts of solar, a rainwater tank of “about a 15 000 gallon,” a large reuse area and a LEED Platinum target, built around “customer service and practical sustainability.” Councilmembers asked for bike parking and deer-resistant landscaping, and at Councilmember Bill Jones's suggestion the Council also authorized the second-scored team, Plant Cavagnaro (as captioned), as a backup; the contract passed unanimously.

Administrative Services Director Mary Dodge's 15-year capital lease at 3.8 percent, secured by Fire Station 72 and repaid from integrated waste management fees, “still saving a million three” against the 10-year plan, was approved unanimously. Earlier, a special-meeting hearing approved tax-exempt bonds for a private day school, and councilmembers thanked residents and staff for the passage of Measure R.

The police accepted a national traffic safety award as collisions fell “from a high of about 575 collisions per year down to about 375,” the 2010 building codes were adopted, and the Get Connected resolution was amended so the city will review endorsements first. Mayor Janet Abelson reported on the I-80 corridor project and plastic bag bans, and adjourned to 6 December, when the Council would say goodbye to Councilmember Potter and welcome Rebecca Benassini.

Public Works Director Jerry Bradshaw reported that the city's pavement condition index had risen from the low 50s in 2006, in the bottom 10 of the Bay Area, to 85, with 95 percent of streets in good condition and the 2006 backlog of $21.2 million largely cleared, after $15.6 million from Measure A bonds, grants and other sources and no general fund money: “I'm happy to report tonight that we have exceeded our goal dramatically.” Sitting as the Redevelopment Agency, the board designated Eden Housing as developer for the Tradeway property next to City Hall, with Mercy Housing California second; staff said “four to five years is a probably a realistic timeline.”

Tom Panis and Jewel Okawachi (as captioned) asked that 10848 San Pablo Avenue, the former florist building tied to the Japanese nursery community, be preserved, Panis calling it “the last extent structure we have in El Cerrito testifying to the Japanese flower industry.”

The Council introduced the 2010 California building codes, including CALGreen and sprinklers in all new homes, with a hearing set for 15 November 2010, honored the El Cerrito preschool cooperative's 70 years and a fourth straight police traffic safety award, and heard speakers on Measure R, Fred Korematsu Day and just cause protections for renters.

City Manager Scott Hanin described the budget's scenario B if the half-cent sales tax fails: about 16 vacant positions held open or eliminated, the fire prevention officer cut, reduced swim center and senior center hours, and no Fourth of July festival; surveys had found 67 and 68 percent support. Three speakers supported the measure and one opposed it (“we need to stimulate the economy not refrain from buying”); Councilmember Bill Jones said “if we don't tax ourselves on this somebody else is going to come through” and added two amendments on reporting to the Council, and the measure passed unanimously for the 2 November 2010 ballot.

Earlier, side letters with the police association, firefighters Local 1230 and SEIU Local 1021 passed unanimously, Jones calling them “a culmination of nearly three years of working together,” and Mayor Janet Abelson said the mayor was “very proud to be the mayor of a city where our employees think so highly of us.” The Council ordered fire hazard abatement on a list cut to 20 properties, proclaimed National Night Out, presented garden awards, appointed four members to the Environmental Quality Committee, and welcomed Police Chief Sylvia Moyer, sworn in at 6:30.

City Manager Scott Hanin described a nationwide search that drew about 60 candidates after the prior chief retired after 10 years, and Moyer's 22 years in law enforcement, most recently as a commander in Menlo Park and before that in the Sacramento police department; the city clerk administered the oath. Moyer spoke on character, courage and compassion, saying “the weight of the public trust that it symbolizes is enormous.”

Councilmembers welcomed the chief, one calling it “a new day for El Cerrito,” followed by police colleagues from El Cerrito, Menlo Park and Sacramento, the executive director of the state's POST commission, who said “you have the best of the best,” and residents Al Miller and Tom Panis.

Planning manager Jennifer Carman asked for an urgency ordinance extending the 45-day moratorium adopted May 17th so staff could study new technology. One speaker argued tower radiation is far weaker than a phone's; five others urged caution, citing nonthermal effects, industry-funded studies, a proposed T-Mobile tower on the Boy Scout camp and property values, Pam Bennett saying it is “very important to have a Wireless plan.”

Councilmember Bill Jones said the moratorium “is not based on health concerns that's not part of the city's uh domain,” Councilmember Potter asked staff to weigh safety near the Hayward fault, and others raised equity and property values; the extension passed unanimously. Earlier, a speaker who had attended financial advisory board meetings said the budgets “may be seriously flawed” and urged staffing and compensation changes before an employee pay cut, and the city received a financial reporting award.

With no public speakers on the budget, councilmembers thanked employees for concessions, and Councilmember Greg Lyman called a seven-year sales tax measure “critical for balancing the budget”; another called it “a bridge” and asked for a yearly review of whether it is still needed, and the mayor warned of a “scenario B” with much reduced services if it fails. One councilmember recused from the recreation department budget, and the Redevelopment Agency, Public Financing Authority and pension board budgets passed unanimously.

Garth Schultz announced food scrap collection in green carts from 1 July, Hildy Mile (as captioned) reported 11 proposals for the tradeway site, and Public Works Director Jerry Bradshaw said Measure A paving would reach about 80 percent of streets, with about 345 curb ramps built. The lighting assessment stayed at $72, and Al Miller, chair of the street oversight committee, appealed for a fifth member.

Calling it “a good news bad news budget,” the toughest of 10 fiscal years in El Cerrito, the city manager proposed no layoffs and no cost-of-living raises, about $530,000 from reserves, 13 positions held vacant, a reorganization creating an Economic Development Department, and a November half-cent sales tax raising about $1.4 million a year for seven years. If the measure fails, the swim center would close for five weeks, the Fourth of July event would be dropped and police vacancies left unfilled.

Councilmembers thanked staff but debated trimming the Council's own budget, Councilmember Potter saying “I do believe that the City Council budget could stand to be trimmed,” and the need for long-term solutions; Mayor Janet Abelson said “there's only so much more magic that can be pulled out of the Hat by our staff.” Councilmember Bill Jones called it “the critical and pivotal year for our budget” and said “I'd like us to seriously consider that El Cerrito become a charter City.” The budget would return on 21 June.

Tony Kirsch (as captioned) presented a petition from 23 households on recurrent flooding at Carmel and Ramona Avenues, asking for “a permanent solution,” and Al Miller thanked Officer Lauren Caputo (as captioned) for service as school resource officer.

Each department head described lean staffing, vacancies and rising costs, the police saying “We may have reached the end of doing more with less,” and City Manager Scott Hanin said “no actions tonight are final.” Polled item by item, councilmembers agreed the budget should balance using reserves above 10 percent, split on going below 10 percent and on deferring median pay adjustments, rejected across-the-board cuts and reduced City Hall hours, and mostly supported placing a sales tax increase on the ballot, divided on whether it should have a limited duration; Councilmember Bill Jones said “I'm afraid if we don't do it there's going to be another agency outside of El Cerrito that will try to put a sales tax on.” SEIU's Sean Moss asked that any future furloughs “affect all employees equally.”

Earlier, neighbors of Camp Herms asked for a moratorium on cell towers, objecting to a “77 foot fake tree” near Arlington Park, and seniors asked the Council to keep their senior centers open, Florence Brown saying “we really really beg you to consider keeping our places open.” State Senator Mark Desangier (as captioned) reported on the state budget, and the school district presented Measure D, which the Council supported on consent.

The Council added an emergency item and unanimously urged the League of California Cities not to suspend AB 32 and SB 375, and Councilmembers Ann Chang and Potter volunteered for the Wall of Fame subcommittee.

Jamie Vaughn, who helped draft a model alarm ordinance in 1995, asked for more “teeth” against alarm dealers, but the Council adopted the alarm systems ordinance unanimously after confirming every alarm business needs a city license. A pilot ordinance exempting San Pablo Avenue storefronts on the theater block from added parking on a change of occupancy, since the use permit process “has discouraged a number of potential tenants,” was introduced unanimously, to return by March 2011 after an area-wide parking study; resident Arlen Robbins warned that “when we restrict parking in any way we lose customers.”

As the Redevelopment Agency, the board heard four speakers on the Japanese American nurseries and the Mabuchi family's florist shop, one calling its loss “a tragedy and a travesty for the entire Community,” and Tom Panis read a preservationist's letter tying the building to the family's forced removal during World War II. Board member Greg Lyman proposed that the request for proposals not say the buildings “will need to be demolished,” and the board gave direction to issue it for affordable mixed-use housing on the site.

The Council also approved a contract amendment of up to 389,000 with Avila Project Management for Measure A street work after a 124,000 overrun, Public Works Director Jerry Bradshaw saying “I probably should have been here a few months ago reporting this.” West County Winds was honored at 25 years, and the Department of Consumer Affairs explained its licensing services.

Lieutenant Robert de la Campa reported over 1430 false alarms in 2009 from almost 500 addresses, taking “more than half of the working hours” of a patrol officer each year, and the Council introduced an alarm ordinance built on registration, fees and verification calls, with no second-alarm charge and no unpermitted-alarm fine in 2010 at Councilmember Greg Lyman's motion, and a citywide mailing. Eugene Go of the crime prevention committee asked the Council to “hold off on this ordinance,” while Councilmember Bill Jones said “we are one of the last cities to to do this.”

The Council adopted a reserve policy with a 10 percent minimum and 15 percent goal, Councilmember Potter saying “I don't see it as some kind of loophole”; heard a Measure WW parks update, from the Cerrito Vista play structure to the new dog park; reviewed the redevelopment five-year plan; and approved a design-build consultant 3-1 after Jones said “five months is way too long.” Councilmember Ann Chang was absent.

Chief Scott Kirkland swore in new officers and promoted ranks, calling the promotions “a dream of mine for the last five years.” The Council honored Kirkland and Public Works Director Jerry Bradshaw, Lucille Irish was thanked for almost 36 years on the Historical Society board, and Supervisor John Gioia and county EMS recognized the bystanders and crews who revived a student at El Cerrito High on February 2.

As the Redevelopment Agency, the board reviewed a request for proposals for a mixed-use, senior-focused development at 10860 and 10848 San Pablo Avenue. Staff called a 2008 evaluation finding no historic resource “the consultant's professional opinion”; speakers from the Historical Society and others disputed it, Kathleen McKinley saying of the document “I think it's legally insupportable” and Dave Weinstein saying “this building is one of the most Charming on San Paulo Avenue.” Board member Greg Lyman said “cultural resources can be a real project stopper,” and the board continued the item so staff could disclose the study and the site's historic uses, adding questions on how a developer would operate the project and on transit.

Seven speakers asked for a moratorium on the current chicken ordinance while a new one is drafted; staff said a moratorium was “not on the agenda tonight for Council action.” The Committee on Aging described senior services, including meals, foot care and fitness classes, and warned that school district cuts threatened the Saturday, Christ Lutheran and St. John's programs.

The Council presented business recognition awards to Playland Not at the Beach, El Cerrito Natural Grocery, a Japanese food market and Well-Grounded, the first business recognized jointly as an outstanding green business, and appointed Joyce Hawley to the Arts and Culture Commission.

Seven speakers raised concerns about a proposed 77-foot T-Mobile tower at the Camp Herms Boy Scout camp above Arlington Park, citing trees, property values and the lack of a citywide plan; Pam Bennett said a fake tree there “just does not fit into our community” and that T-Mobile already had a site less than half a mile away, and one speaker asked for “a 12-month moratorium on the construction of towers.” Denise Sangster also opposed declaring a fiscal emergency for a June sales tax.

The Council approved the design-build method for the recycling center, “a One-Stop shop” for a project of about three million dollars from the integrated waste management fund, unanimously, heard that Measure A street spending was found proper, and learned the city had won an EPA Climate Showcase Communities grant leading Albany, Piedmont and San Pablo.

In a long study session, Redevelopment Manager Lori Trevino listed the obstacles at Del Norte, from odd blocks and mixed ownership to BART's replacement parking requirements, which developers called too onerous. Nadine Fogarty of Strategic Economics said “Transit doesn't make a market,” and Jeffrey Tumlin of Nelson Nygaard explained why “building too much parking is just as bad as building too little,” each unneeded space costing twenty thousand dollars. Board members supported a phased Del Norte strategy, applications for planning grants and a look at a bulk transit pass, without a formal motion.

At the school district's request, Michael Regan of the police department presented a curfew ordinance adding an 8 a.m. to 2 p.m. school-day curfew aimed at truancy, so no city in the district would become “a Haven” for students avoiding another's. The Council introduced it unanimously with an 11 p.m. curfew on Friday and Saturday nights, after Councilmember Bill Jones said “I would get nailed continuously if we had this when I was a kid.” It unanimously supported the school district's decision to build a middle school in El Cerrito, and as the Redevelopment Agency started the Cerrito Theater's rent 60 days after its liquor license arrives.

A two-tier reserve policy from the Financial Advisory Board drew a long debate: Councilmember Greg Lyman said the 10 percent floor is “not a rainy day fund that we can dip into when the times are bad,” one councilmember said “I don't think three million dollars is a lot of money to hold in reserve,” while Mayor Janet Abelson voiced “a lot of concern about hoarding money with no plan ever to use it.” The Council continued the item unanimously to the mid-year budget session.

The crime prevention committee presented a sixth National Night Out award, ranking El Cerrito 24th, Councilmembers Ann Chang and Lyman were named a subcommittee on boards and commissions, and Jones reported the Financial Advisory Board's view that the sales tax survey's questions were flawed.