2013

Police Chief Sylvia Moyer reported part one crimes up 7 percent through October, with violent crime down and property crime up 11 percent, “a significant increase that we need to address,” tying the county's burglary rise to AB 109 realignment; of over 9,000 people arrested in El Cerrito from 2009 to 2013, 67 percent were from the county, 56 percent of them from Richmond. A RAND calculator valued one officer at about $312,000 in crime costs avoided, which Moyer called a decision-making tool; community reports of suspicious incidents rose 71 percent from 2010 to 2012, which Moyer read as trust, and the department planned public crime mapping while weighing license plate readers and in-car video.

PG&E explained a vendor's non-compliant weld inspections, one at a regulator station at Carlson and Adams, and plans to rebuild the Schmidt Lane substation serving about 73,000 customers through 2016 or 2017, removing pines beside the Casa Cerrito child care center; Councilmember Rebecca Benassini asked PG&E to consider an easement across the site from Schmidt to the community center. Finance Director Lisa Malek-Zadeh reported that property, sales and utility users taxes all fell short in 2012-13, though other revenues beat projections by about $744,000, leaving the projected reserve near six percent against a 10 percent policy.

The Council tabled the bicycle ordinance so Gary Hill, a coach of the high school mountain bike team, could help refine its trick-riding rules. Tom Panis now “wholeheartedly” supported Eden Housing's revised project, and a heritage day and the 25th Martin Luther King celebration were announced.

The Council declared 10 December Randy Scheckman Day (as captioned) for a Yuba Street resident of El Cerrito for 37 years, about to receive the 2013 Nobel Prize in physiology or medicine; he recalled the 1:20 a.m. call and a neighbor's card thanking him for raising property values. Outgoing mayor Greg Lyman listed the year's work, including the first strategic plan and climate action plan, a plastic bag and polystyrene ban, eight grants totaling $4,423,000 and the city manager's evaluation, and the Council unanimously elected Janet Abelson mayor and Rebecca Benassini mayor pro tem. Abelson measured the Council “not by how well we agree with each other but by how well we disagree.”

Neighbors of the El Cerrito High School stadium project said they learned of it by overhearing district workers and that the district answered their 12 concerns by pointing to thousands of unmarked bid pages. The police Explorer program, for ages 14 to 21, was presented to the Council, the presenter thought, for the first time. The MLK celebration announced its 25th year, and Supervisor John Gioia congratulated the Council.

Garth Schultz presented 2014 rates, with a 7.5 percent rise in integrated waste management fee revenue to start an equipment reserve and East Bay Sanitary's franchise fee raised from 12 to 15 percent, about $734,000 a year, to keep street sweeping going as storm water permits demand cutting trash in storm drains 100 percent by 2022. Most residents' carts would rise 30 to 40 cents a month. Both rate measures passed unanimously.

Police Chief Sylvia Moyer presented a rewritten bicycle ordinance that drops licensing and the adult helmet rule, which the city attorney said city attorneys generally view as preempted by state law; it was introduced unanimously with the sidewalk age lowered from 18 to 16. The Council found City Manager Scott Hanin had done “a remarkably good job considering the economic environment” and approved a 10 percent base pay raise, and adopted the 2013 building codes.

District Attorney Mark Peterson reported Richmond murders falling from 27 in 2011 to 18 in 2012, a focus on truancy, a gun buyback and a Chevron guilty plea. The Council revised its rules for boards and commissions and created an Economic Development Committee, adopting the liaison policy 4-1. Al Miller asked the Council to make clear that an agreement with the West County Wastewater District did not condone a censured board member's “deplorable comments,” Kids for the Bay described its watershed lessons in the schools, and Liz Block asked the city to welcome Summit's school at 1800 Elm Street.

Interim Community Development Director Melanie Mintz, interim Public Works Director Yvetteh Ortiz and consultants MIG and Fehr & Peers presented the San Pablo Avenue specific plan, seeking guidance before a draft EIR in February. Its form-based code would allow 65 feet in high-intensity zones and 55 in the mid-intensity zone, up to about 85 with a density bonus, with minimal parking requirements and 50 percent active frontage on strolling streets. The complete streets plan proposed buffered bike lanes in Midtown, two-way Hill and Cutting, bus bulb-outs, crosswalks at least every 400 feet where demand warrants and a multimodal level of service accepting auto level of service E or even F.

Howdy Goudey called the buffered bike lanes “transformational,” and Tom Panis said this version “is alive,” while Garland Ellis and Dave Harris of Richmond objected to bicycles on San Pablo and to tall buildings blocking views. Councilmember Janet Abelson flagged images that leave out people with disabilities, Councilmember Mark Friedman, recalling a similar vision from the Prince of Wales study 15 years earlier that was never implemented, asked for costs and revenue sources, and Mayor Greg Lyman asked that the EIR analyze views, shading and pedestrian and bicycle delay and consider routing bicycles off San Pablo downtown.

The city received four national Voice of the People awards, for recycling, parks, recreation and street repair; Tom Kirsch thanked departing Public Works Director Jerry Bradshaw for a flood fix; and Tom Panis announced that a historic district (captioned “The Chiang Mai home”) had been found eligible for the National Register.

In a long study session, Mayor Greg Lyman reported for the boards, commissions and committees subcommittee, citing a Western City article on “The ethical hazards of City Council Members attending other board meetings” and Walnut Creek's elimination of liaisons. Councilmembers traded experiences of advisory body members turning to them for direction, “a very awkward Dynamic” in Councilmember Mark Friedman's words. On the city attorney's advice that “it would be good policy for the council to adopt the report and leave for all of the advisory bodies,” the Council agreed that assignments rotate yearly and liaisons attend quarterly, then leave or move to the audience.

Members also favored periodic work plans for each body, two-year limits for chairs, staggered terms and an online application, and agreed to turn the Economic Development Board into a 15-member committee; the subcommittee would return with policy documents.

The Council approved a sixth amendment to the East Bay Sanitary franchise, a $107,900 contract for the company's shop, adding a full-time mechanic, to maintain the city's four recycling trucks, which were at about mid-life with more frequent breakdowns; introduced the 2013 building and fire codes, “a much Greener code,” 5-0; and heard Contra Costa Civic Theater's 54th season. Rockaway Avenue neighbors raised concerns about demolition, dust and fencing in the last phase of the high school stadium project, and Nicholas Arzio asked for a parking ban during street sweeping on San Pablo Avenue.

With no public hearings, the Council heard from Girls Inc. of West Contra Costa County, celebrated the completed San Pablo Avenue public art project of “12 wind sculptures,” proclaimed October Arts and Humanities Month and adopted the consent calendar unanimously. Al Miller thanked staff for fixing a hazardous median, Robin Mitchell invited officials to an urban farm in Albany, and Liz Block presented letters from 250 parents, 60 from El Cerrito, supporting a Summit charter school at 1800 Elm after the school district's denial.

Liaison reports covered high school field fees and a proposed 36 percent turf fee increase, CCTA projects including the Caldecott Tunnel's fourth bore, the Financial Advisory Board's look at the city's liquidity, and Eden Housing's plans for the Mabuchi (as captioned) house. The Council adjourned to a special closed session on the city manager's performance evaluation.

Operations and environmental services manager Garth Schultz presented an agreement with Republic Services for processing and disposal of the city's garbage and green waste after the regional Recycle More agreement expires on 31 December. It adds construction and demolition debris processing, dry waste processing for larger businesses and apartment complexes, school recycling and annual waste audits, at about nine percent less, just over a million dollars a year. Asked how costs could fall while services grow, Schultz credited competition in the selection process. It passed unanimously as amended.

The Council accepted a $856,406 FEMA grant toward a 2014 Spartan 103-foot ladder truck costing $951,562, with shares from the Kensington Fire District and the general fund, and confirmed weed abatement charges on six properties. Human resources manager Sakari Beshears and the nine high school interns in the paid EC Stars internship described their summer in city departments; Councilmember Janet Abelson said the work was real, so “that it wasn't just an exercise in filing paper clips.”

Girl Scout Troop 31352 was honored for replanting nine planters on the Tassajara steps, Fall Prevention Awareness Week was proclaimed, and Gladys Avenue resident Ray Turnipseed called construction trucks mounting sidewalks “an accident waiting to happen.”

Finance Director Lisa Malek-Zadeh described the notes as “essentially a short-term cash loan until we get our property tax distribution,” “a million dollars more than the city's done in the past,” to be repaid on January 30 and May 30. Councilmember Rebecca Benassini confirmed costs of about 45,000 (as captioned), consistent with about a one percent interest rate, and no early repayment option was available.

The item passed unanimously; liaison reports were held over to September 17. The recording is only about six minutes long, begins mid-sentence and has no television picture, so the start of the meeting appears to be missing.

Most of the four-hour meeting went to an appeal of the Planning Commission's permit for an AT&T distributed antenna node, a seven-foot extension of a utility pole near 851 Seaview Drive. Appellant Lee called the project “ugly” and “unsafe,” and neighbors among the twelve speakers cited views, earthquakes, property values and their own good reception. AT&T said it was there “to fill a significant Gap in wireless coverage with the least intrusive means possible,” and its RF engineer put the highest exposure at “one half of one percent” of the federal limit. The city attorney explained that the 1996 Telecommunications Act bars decisions based on radio frequency health effects within FCC limits.

Councilmember Mark Friedman said “it's ironic that att's desire is to improve the coverage for the neighborhood yet the people from the neighborhood who are here don't feel that they need that,” and moved to deny the appeal with a gap analysis paid for by AT&T by a firm the city selects, annual inspection for five years, a joint pole inspection and a noise report; a fifth condition sent alternative designs and a new pole location to the Design Review Board. Staff and the city attorney agreed that if the independent analysis found no gap, the matter would return to the Council. It passed unanimously.

Near 11 p.m. the Council introduced the single-use bag and polystyrene foodware ordinances, both to take effect 1 January 2014, with a paper bag charge of five cents for two years, then 10 cents. Earlier, a $575 thousand short-term loan from the Municipal Services Corporation passed with Councilmember Jan Bridges abstaining, and Tom Panis urged imagination in planning a new library.

The Trust for Public Land would buy the property between the Hillside Natural Area's south and north sections, closing in August, and hold it until December 2014 while grants and private donations are sought, with the city guaranteeing the $475,000 price from Measure WW funds, of about $587,000 remaining. Trail Trekkers, Friends of Five Creeks supporters and high school mountain bikers urged approval. Parks and Recreation Commissioner Robin Mitchell, one of two commissioners who voted against recommending it, and Howdy Goudey of the Environmental Quality Committee questioned the process and the use of Measure WW funds; Goudey said “the ends don't justify the means,” and Mitchell said “I'm astounded that I hear myself not supporting open space.” A councilmember said “the process was probably a little clumsy.” The vote was unanimous.

Godby Research's survey found a library bond at 63 and 67 percent after arguments for and against, against the two-thirds vote needed, with public safety and community center bonds lower; Godby said “I would bet that the library would win.” Staff proposed planning toward November 2016, while Councilmember Mark Friedman said, “I'm not willing to give up on November of 2014 as a possibility.”

Earlier, the new owners of 1800 Elm Street introduced a planned Summit Public Schools middle and high school. Abelson reported fire department grants and the first Off the Grid food truck night, and the Council declared 23 properties a weed nuisance.

Maria Sanders presented the climate action plan, begun in mid-2010 with a survey of 450 residents and four workshops, with targets of 15 percent below 2005 emissions by 2020 and 30 percent by 2035; transportation produced 51 percent of 2005 emissions. Councilmember Rebecca Benassini said “the reason government exists is to organize our responses to big problems that we cannot face alone,” Councilmember Janet Abelson said “it's not a glamorous plan it's not a glittery plan,” and Mayor Greg Lyman cited household savings of $700 a year. The plan passed unanimously.

Out of closed session, Lyman reported on a privately owned 7 acre parcel abutting the hillside natural area: “we gave staff direction to negotiate.” In public comment, two neighbors of the Busby property supported the city buying it, and Al Miller marked Stege Sanitary District's 100 years. BART director Rebecca Saltman (as captioned) outlined about $6 billion in repair needs over 10 years.

The Council confirmed the $72 landscape and lighting assessment and the $58 storm drain fee, and extended Eden Housing's negotiating agreement for senior housing at the former Tradeway property on San Pablo Avenue. Lyman abstained on item 5B on the city attorney's advice. Prospect Sierra was honored as a Green Ribbon School, the recycling center received an urban design award, and County Librarian Barbara Flynn previewed the library's plans.

City Manager Scott Hanin, Finance Director Lisa Malek-Zadeh and Assistant City Manager Karen Pinkos reported the current year ending about at budget, but warned of a sales tax true-up of around six hundred thousand dollars, a budgeted loss of about 585 thousand dollars as the Municipal Services Corporation's backfill for lost redevelopment money ended, around 28 vacancies below the approved staffing, reserves below 10 percent, and medical costs projected to rise about 10 percent. With 20 to 25 vacancies and staff working more hours than they are paid for, Hanin said the city had perhaps done “too good a job” maintaining service: “I don't think that is sustainable.” Hanin said the city had “yet to lay a single person off,” admitting that “every year we talk about doing less and every year we do more.”

Seeking “straw opinions” rather than votes, Mayor Greg Lyman stated the guidance as a balanced budget with a 10 percent reserve. Members asked for a cost-benefit look at vacant positions, a “data driven decision” on office hours, updated control points, ways to cap health care costs, special events reevaluated for cost, and a financing plan and capital improvement plan to reinvest in existing facilities; staff and the Financial Advisory Board would study a restricted reserve.

Tom Panis presented library hours scenarios, noting El Cerrito is one of six county cities that fund no added hours, and Al Miller said four Sunday hours for twenty five thousand dollars “seems like a bargain to me.” The Council opened with a moment of silence for those injured and killed in Boston, and adopted the consent calendar and the Measure A swim center rates unanimously.

Assistant City Manager Karen Pinkos presented the strategic plan, with six goals drawn from a survey, focus groups and two Council study sessions. Three speakers asked for a historic resources ordinance and survey; Tom Panis called the staff wording “essentially content free.” The Council adopted the plan unanimously with four changes: the historic preservation strategy now reads “review and update current policies on preservation of historic and cultural resources,” the transportation strategies were rewritten, and “beautiful” was struck from the vision statement. City Manager Scott Hanin said the next meeting would be a first cut at matching the baseline budget to the plan's goals.

The Council approved a $422,000 agreement with MIG to complete the San Pablo Avenue specific plan, a complete streets plan and an EIR, with Councilmember Mark Friedman saying “it's a lot of money to spend on more planning.” It endorsed Recycle More's post-collection term sheet with Republic Services, with Mayor Greg Lyman saying “I don't want to see our waste get hauled across the San Rafael Bridge.”

An ordinance now lets city-sponsored events run anywhere in town within a 12-month period. Planned Parenthood thanked the city on its three years at El Cerrito Plaza, Todd Groves reported on the Portola rebuild, and the Municipal Services Corporation met afterwards.

Environmental services division manager Melanie Mintz presented a contract of up to $154,000 with MIG for the urban greening plan, paid by a $239,000 (as captioned) Proposition 84 grant; “I think we ranked seventh out of 25 that were awarded,” Mintz said, and the plan would take about 12 to 14 months. Councilmember Mark Friedman said, “I'm more interested in action than planning,” and members asked for shovel-ready projects with cost estimates and outreach that reaches people who do not come to City Hall; the contract passed unanimously.

The Council backed a league rule requiring five cities to concur on a resolution, unanimously, and a two-thirds board vote for positions on statewide ballot measures, 3-2, after Councilmember Janet Abelson, the league representative, explained the change.

The police were honored as “a top five producer” for Special Olympics, the library and the Stege Sanitary District announced centennial events, and the Council proclaimed Earth Hour for 23 March. Appointments were announced to the Arts and Culture Commission and the Human Relations Commission, and Abelson reported meeting members of Congress in Washington on transportation funding.

Maria Sanders presented the draft climate action plan, with targets of 15 percent below 2005 emissions by 2020 and 30 percent by 2035; the city emitted 147,000 tons of CO2 in 2005, leaving 22,000 tons to cut locally by 2020 after state rules. Bridges found it very readable, Abelson called its money-saving approach “kind of a win-win,” Benassini asked to track “our carbon intensity per person” and Friedman proposed a volunteer green team. Mayor Greg Lyman pointed to a footnote: residents spent about 49.3 million on energy, fuel, water and waste in 2005. No member of the public spoke.

BART director Zachary Mallette (as captioned), first elected to represent District 7 from the East Bay, described the W BART study for the I-80 corridor. The Council and successor agency unanimously approved ROPS 13-14A, an administrative budget and cash flow loans; Lori Trevino expected about 1.4 million against the 2.3 million requested, and the Eden Housing loan was relisted after the Department of Finance disapproved it.

Lyman reported a stipulated judgment under which the city does not pay the 1.76 million true-up demand. Al Miller delivered the streets oversight committee's annual report, Melanie Mintz presented the STAR sustainability rating pilot, Officer Sid Hubs (as captioned) was honored as officer of the year, and new finance director Lisa Malek-Zadeh was introduced.

Councilmember Mark Friedman, who said “I love the United States and the people who live here,” argued that councilmembers are “elected to serve the people of El Cerrito not the flag” and proposed a pledge of service; Al Miller, a 26-year Navy veteran, said “I stopped reciting the pledge in 1954.” Colleagues described the pledge as “a moment of reflection.” Friedman's motion to remove the pledge died for lack of a second, and the Council unanimously directed the clerk to list the pledge or “observance of a moment of silence” on the agenda.

The Council adopted the growth management element of the General Plan needed for Measure J funds, with one edit placing Cutting Boulevard's worst congestion at San Pablo Avenue, after Councilmember Janet Abelson asked to stop changes unrelated to Measure J. After the recent shooting on the Ohlone Greenway, Lieutenant Paul Keith reported that crime on the path fell in 2010, 2011 and 2012.

Mayor Greg Lyman and Councilmember Rebecca Benassini were named to a subcommittee on the Portola Middle School site. El Cerrito received a National Night Out award for “outstanding participation,” ranking 13th of 288. In public comment, Peter Lobaldo asked the Council to take up the loyalty oath for advisory board members, and Tom Panis apologized to the Council, staff and Eden Housing over the tradeway project.