Special Concurrent City Council and Redevelopment Agency Meeting April 6, 2009

0:00:04good evening I'd like to call to order the special concurrent city council and R development agency meeting for the city of El Sero for Monday April 6th and can we have the roll call please council member James here council member Aon here council member Lyman here mayor Potter here council member

0:00:24Chang is absent thank you and Miss saon will now lead us in the pledge I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible for liberty and justice for all um we have a number of council and

0:00:53staff Communications and I think we'll start with the report out from closed session uh that followed our last meeting uh agency member Jones thank you yes uh uh the agency uh board under uh government code section 5495 6.8 um held a close session and directed staff to

0:01:17proceed um I'll have more to say on on that plus uh maybe a little bit of what we hope to accomplish uh when we get to the closed session uh communication after the regular meeting tonight thank you do you have any other uh Communications for this item uh not not

0:01:37right now thank you um Mr Lyman sure on March 26th I attended a local government commission uh presentation on Transit oriented development um there were two speakers there and it was very informative about opportunities for development of high density uh multi-use

0:01:57around BART stations on uh March 28th I had the pleasure of uh walking in the Albany little league and Albany Berkeley girls softball uh League parade uh celebrating the opening of their uh Game season and on April 2nd uh Mr Jones and I attended the Contra Costa County

0:02:17mayor's conference where we heard a very informative speech by um Union Pacific and the Port of Oakland regarding uh rail opportunities and and the rail development that's going on in contracosta County thank you yes I just wanted uh to remind everybody that on uh April the 25th we

0:02:41will once again be celebrating Earth Day uh and we as um most of you probably know we do that by having work parties in the morning and followed by a um free lunch at the community center at noon so anybody who's interested in part participating can uh sign up in several

0:03:03different ways one is to go on to our uh website at uh www. l-s ser. org and follow the trail to Environmental Services where you can um sign up or the other thing that you can do is to look in the new Recreation services for sure that came for recently for the full page uh flyer on Earth day

0:03:31and you can sign up that way one of the special things that we're doing this year is a tree planning project uh with some grant funding that we have and we're particularly interested in um blocks that are interested in planning trees uh a number of trees along that

0:03:48block in the parking strip and uh if you're interested in uh signing up for that uh you can the easiest way probably is to go on to that website ww w.el dso.org and follow that trail to Environmental Services where um you can say that you're interested in working on

0:04:09that and somebody will contact you thank you thank you I also have an announcement um we have great appreciation and gratitude to the cities of Richmond and the Moraga arinda fire district for covering our fire stations during the funeral for El serito firefighter David Garrett and we

0:04:31also extend our gratitude to the city of Oakland Who provided support during the reception um we really appreciate it and that's the only announcement I have today um do we have any staff Communications okay hearing none we'll move on to item three which is oral

0:04:51Communications from the public and you'll note that on the agenda tonight we have an agency close session meeting um at after this meeting on the Sero theater but this is an opportunity for those folks who are here that would like to speak to us uh prior to the beginning

0:05:08of that closed session have an opportunity to do that either here on item three or you can also stay later in the meeting and um provide comment to us before we go into that session so uh the city clerk could read the directions for item three um this place on the agenda is

0:05:26reserved for comments and inquiries from the public regarding matters on the agenda and matters which do not otherwise appear on the agenda all persons wishing to speak should sign up with the city clerk remarks are limited to 3 minutes per person please state your name and city of residence for the

0:05:40record you'll know that we have a speaker lighting system up here which logs your time when uh when you speak the green light is activated and then a yellow light will um come on to let you know you have 1 minute to sum up and when your red a red light comes on

0:05:57you'll know that your time is concluded so with that we have several speakers on the Sero theater the first of which is Linda Von brasket Pro ah is this thing working okay my name is Linda Von brasket Crow I currently reside at [address removed] in Albany but I grew up in Elo um and the

0:06:25cero theater was very much a big part of my life up and I was so happy to see it come back just a bit about why my opinion May matter in terms of elero my dad's family moved here in 1924 built a house up on C viw drive I spent many Summers there when I wasn't glued to the

0:06:44front of the theater watching cartoons and and news reels and movies my folks built a house on KY Street in 1949 and we lived there through high school I went to Fairmont Elementary Port junior high school and elero High School class of 64 um the year after Credence Clearwater

0:07:04Revival um and I was at I I was very saddened to see them tear down the old high school because I really loved the old Arc Deco building but I went to the op so I went to the wrecking ball party of course and then I went to the opening celebrations and I must say the the the

0:07:21city and the school have done well with the new high school I am so delighted with that facility and I'm even more delighted with what the parkway people did with the Sero theater it has been it is just an incredible Jewel to add to um life here and my dream I I currently

0:07:41live in Alney my dream is to be able to move back to ELO move my daughter and her husband here so that they can have a family and raise them in this city that I love and that they will have a Sero theater for them and the kids to go to um and that's basically just what I

0:08:01wanted to say that it it I think it it adds a lot to the city I know it added a lot to my life growing up and I can see it being a very important part of culture and and lives and family here for future current and future residents of elero great thank you Linda

0:08:28Moss I'm the other Linda um Linda Moss [address removed] and I think Linda read my mind because I was going to say that the Sero is the jewel in the crown of el Sero and um I particularly want to thank the city council for its vision and commitment in bringing it back it

0:08:52really is just a magical thing to do um I wanted to mention um I've been been to many many events and movies at the Sero since it reopened and uh I hope there is a incredible range I hope you're all checking the calendar and the special events because I think there really is

0:09:14something for everyone there but I wanted to mention uh three uh events that were particularly significant to me uh first one kind of it was kind of a mistake that we happened to do this but we went to the uh a night when there was baby Brigade and I thought oh well uh

0:09:37you know it shouldn't be a problem but it was absolutely full of young families it was sold out house and it was such a wonderful sight to see all these young families uh having a night to that they could go out and bonding uh with each other and you could see just see a a great

0:09:59amount of Joy on the faces of these families and uh I I think that this is really key to uh one of the goals of the Sero uh the second event that I want to mention is was the car event and that was that was really amazing you don't art car I should say you don't I don't

0:10:22automatically think art and car but this was a just uh mindblowing feel excuse expression and to see what the people had done uh and just poured their devotion into into it and again a soldout house and so much excitement in elero I I have never seen before except

0:10:48maybe for the open house the first time when they open up the old building to let people see so that was incredible um now what was the third uh the the third event that I wanted to mention was thirst the documentary about the uh politicization of water resources and this is not and this is

0:11:15something that's obviously really relevant to us uh it couldn't be more relevant uh this is something that's not just happening in the third world it's happening a Stones throw away from us so and that again that was a soldout house and the level of dialogue and

0:11:34involvement was just amazing so um I wanted to just say that uh I think this is by bringing back to Sero you have really created a community center and a a a magnet especially for young families and this is where this shows a vision uh of where Elser is going and how it's moving into

0:12:02the future uh when my husband and I moved here it was very easy for us to buy a house it was back in the long ago period when it was not a huge huge undertaking to buy a house but now young families have to really be concentrating on on what it takes to make this

0:12:23commitment and they are uh they are really looking for a place that will fulfill them in basic ways and uh have magnet a magnet uh such as you have created in the Sero theater and which is kind of uh brought other businesses of great uh interest Miss Moss I'm going to

0:12:51have to ask you to wrap up okay well I'm wrapped up okay okay thank you thank you Diana k members of the elero council um my name is Diana Crump uh I live at number four Sunset Drive in Kensington and um I'm asking you uh to do um what you can to enable the uh Sero

0:13:24theater to continue uh not only um for selfish reasons because I really enjoy going there but because um I think the city of elero is a fabulous town I moved here about uh 11 years ago and I wanted to live in Kensington and we were able to buy a home actually build a home in

0:13:48Kensington and uh then I discovered the city of elero and whenever I went to a book sale or the library or uh one of the young yoga classes I just felt that the city was imbued with uh a spirit of uh Community far more than what I had experienced in other towns and that the

0:14:14people really uh work together in a very positive manner and I think this is the the Sero theater is like a gift to your citizens and also is going to be a wonderful draw for people from other towns and and for example I don't know if everyone got my uh email that I sent

0:14:35so I'm going to quickly read that so I won't go over time um my family and my book club the Berkeley bad girls book club enjoys movies and other events at the Sero as often as possible at least twice a month um I will add that none of the bad girls happen to live in elero

0:14:54unfortunately but um they come from other towns nearby towns to meet at the Sero and uh enjoy the atmosphere to chat with other people uh while we're in the neighborhood we also shop at other elero businesses such as Ace Hardware elero Natural Foods The Mechanics Bank the

0:15:14dance easy Ross lungs downhill music and Nations if we don't eat at the theater the serero is a totally unique experience not just a movie theater but a place to see Neighbors and friends and catch up people like to come early and order food and Beverages and talk during

0:15:30the preview narrated by the owners uh it is very much a neighborhood experience to attend a movie or event at the Sero my friends and I recently attended a viewing of the movie thirst and the reason that I was particularly interested is because my husband and I

0:15:46own a small business in Berkeley where we provide waterline supplies to for construction jobs overseas so we're very interested in water water is a big thing to us so it was beautiful that in this fabulous theater we were able to see this documentary and get a picture of

0:16:04what's going on in the world and actually I found it quite shocking that the water of Stockton was had been privatized I had no idea about this um and it was wonderful the way the community in got involved and I've gone over time so I apologize for that um I do hope that somehow even if they have

0:16:26to answer to you in some way that you can give them a break on the rent thank you thank you uh Peter first I praise you too I thought you had an excellent debate at your last meeting concerning uh when you overrode the planning commission's finding on the second unit I thought it was an

0:16:52excellent debate uh Bill Bill Jones argued a very valid point the interest of the neighbors and preserving their quality of life but the two ladies mainly argued for increasing the need to increase the housing stock in elito and that's what won in the final debate now I felt that this

0:17:12paved the way uh to get elero to do something to really promote housing and City revenues and as an example I just found out that in Victoria British Columbia the city government is offering $5,000 Canadian uh to anybody to help add help them pay for adding a secondary unit to their

0:17:35home so it's $5,000 or up to 25% uh of the cost I think that in a like way elero could hopefully get five $5 million out of Redevelopment you pay that these amounts for land banking anyway that would enable $5,000 for 1,000 homeown owners would really add 1,000 over over a period of time 1,000

0:18:04families to elero in the places where people want to live where everybody else lives a little bit away from uh San pabro Avenue it would increase the buying power uh it would need to be done and that's when Mr Jon comes in it would be we would need to figure out how to do

0:18:19it with parking limits and where Janet comes in obviously there are people in this community who don't drive so maybe they could have some cases have some that could be taken in into account anyway I think this would provide a stimulus and it would be a better way to

0:18:36get more people in to fill up the uh uh the empty stor France we have in the mixed uh use developments first and put the development money to use in infrastructure and maybe I'm of course all all in favor of find eventually getting a bulva workable W on San Pabo

0:18:54Avenue I just don't think the way you're heading there is is the right way now now this is on this topic I also have a some comments on the movie theater from a different perspective can I have those now can you restart the now uh in St contrast with the open debate with regard to the second unit

0:19:15the council is having yet another maybe the fifth now in the row yet another close session about the Sero theater I feel that this is a very complex issue obviously either you don't know how to handle it or you have a you're still split uh maybe both and I think you need

0:19:33to you promised an open session soon and I think you need I'm not not going to stick around for the report I'll carry it on TV uh I think you need to get uh around to the Open Session now another reason I feel why why it's so hard for you is that you're embarrassed about

0:19:50past back room deals I have here for instance the Agenda Report from uh when you added the million dollars to the course when jenet said you know this I still still think the extra money is worth it um and but in looking at that Agenda Report uh the agreement to add this money the extra

0:20:13cost to the theater was based on a calculation of the theater paying over its lifetime $630,000 in tax increments towards Redevelopment and there's some discussion of it and it says this might have to go back uh to the council for debate uh I'm now I now found out that it's really the

0:20:37agency or the city which is paying the something called the possessory property tax now I I feel that after the vote you made you were committ uh in 205 you were committed to a uh to another public debate and finding uh maybe I'm Miss missing something I like that explained

0:21:00also how much has money has the agency lost to date I'm not sure it's recycled money or money that goes to the county and anyway I feel you need to stop cooking this thing in the back room and go out in front now if I'm just could add to what these good people are saying

0:21:17they have every right to love a theater if it was two blocks from my house showing check movies providing check beer and Plum dumplings I I'd say spend 10 million 20 million it uh but uh it is you know it is a costly item and I attended a meeting of the parkway people

0:21:36and I think there's a uh where the theater closed there's a lot of good ideas floating there on how to save it they have a councilwoman Pat Kenan and War I in Oakland uh trying to she was trying to negotiate it between the landlord anyway there's a bunch of ideas

0:21:52on why the parkway or how the parkway could have been tweaked to do better and so on I know about it obviously I'm I'm not I don't have a I like yet uh anyway if you if you want to know things I'm a good source of information on what I said there it's there have 6,400 people on

0:22:09Facebook I'm not sure that they'll be managed to save it but there's a lot of energy it's a gentrified area and uh in Facebook and everywhere and Twitter and everywhere else trying to make a go of it uh when the theater already closed so good luck thank you Mr well Ken

0:22:31[Applause] bur good evening mam mayor council members my name is Ken burnt [address removed] in Els Sero I have only one question this evening the city manager and I met last week to discuss some questions that I had regarding the Sero theater I quoted the manager a figure of

0:22:597 million to purchase the theater he replied by saying the figure was closer to five than the seven so uh I went at that but I found out after the meeting and and talking with some of the people on the Avenue that there are a lot of people who still believe that we've

0:23:18spent more almost $7 million on that theater I'm glad that it's such a nice movie and people can take their babies there and get fed there people have had a good time remember the old times um but there's got to be a cost expense benefit on on something uh and I don't

0:23:40think we're making it maybe if if you would send me your computations on how you arrived at the closer to 5 million than $7 million effect it might answer a lot of questions that I have regarding the cost thank you thank you than you Tad Smith you got to speak cool we

0:24:19have you can come to the front sry that's fine hello hello 1 2 3 hi my name is Dad Smith um I live at [address removed] in elero um I'm here to make uh I guess three points one is that I mean I just want to start out with thanking all for your supports foro theater I really feel

0:24:46it's uh benefited our community and really built the community much many ways and I want to thank you for uh your efforts and I would appreciate anything you can do to continue the existence of the srio theater um one of the areas that the srio theater does really very

0:25:05effectively serve as a disabled community in terms of it has an elevator it provides an affordable uh and high quality entertainment for our for our community and I think that really attracts a lot of people both young and old throughout our community as well as

0:25:20disabled people um second I'd like to make the point that I think this was a highly appropriate use of Redevelopment money I think it's an investment in our community I think that when you make an investment um there are cost involved in nurturing an investment to make it work

0:25:41and I don't think it's a not everything works perfectly the first couple years I mean it takes a while for things to take off and that brings me to my third point which is uh it seems to me the owners are making trying to make a good faith effort to uh by Closing one theater to concentrate on

0:26:04a second theater anybody who's been involved in their own business knows how much blood you put into something and that to me these are young people and they are vigorous young people who I think can make it work and it's it's it's time to to give them the chance to

0:26:22do that and I think it's best for all of us thank you thank you no other speakers okay well we have no presentations tonight so I'll move on to item five adoption of the consent calendar today we're considering items 5A through 5i Madam mayor like to pull item I

0:26:50please move adoption of consent calendars 5 a through 5H second all in favor I oppose so the motion carries unanimously with the four council members present um and would you like to take up item 5i transfer of agency funds to the state educational Revenue augmentation I just um thought it would

0:27:16be a good uh reminder of some of the impact that the state budget has on the city and in this case it was a decision made last year to balance the budget to take away from the city money that had been promised to the city uh and the state is taking it away under its um its right

0:27:40$363,500 out of the Redevelopment agency and U although the uh Redevelopment uh professional agency is suing uh we still had to pay that and and it will be if we pass this tonight which we I don't know we have a choice um it will be taking money out of our pocket and going

0:28:07back to the state so I think that's why uh those of us watching the budget and and in particular the Redevelopment agency um is very concerned that uh this may pop up again although in all fairness the budget that was uh ratified last month by the state did not take

0:28:28away further funds at this time so thank you is there a motion to approve item 5 I move adoption of um item five I transfer of agency funds to the state era or uh educational Revenue augmentation fund second all in favor I I again the motion carries unanimously

0:28:53with the four present um well now move on to item six public hearings there actually are none so we'll move uh speedily through to item seven the policy matters and we'll begin with the agenda item 7A 2-year additional calper service credits Sandy choic employee services

0:29:16manager honorable uh mayor and City Council Members what you have before you is a request to exercise an option that's in our pers contract to offer to Fire and miscellaneous employees an additional 2year service credit um most cities in California are members of the public agency retirement

0:29:46system which is Pur this is probably the most popular option right now they told me their phone is ringing off the hook and it has to do with the fact back of the state of the economy that um cities want to be able to have an opportunity to fill positions in different ways or not fill them to

0:30:13reorganized to hire a lower level employee instead of the higher paid employee and this is the opportunity to do so and why we're bringing it to you at this time pers has a very specific process that you have to go through in the first step and we've done this several times in the city of El Sereno

0:30:37the first step is to make public the potential cost and when you do that you have to calculate as if every single person eligible will retire now that cost making it public is close to $2 million however as experience shows and his Pur admits a very small number of

0:31:02eligible employees actually take advantage of it there is no way to predict which employees will leave uh which makes it difficult to tell you what the actual cost will be in my agenda bill I estimated that it's probably between 80,000 and 520,000 and that amount is amortised over 20

0:31:29years in your Pur rate 2 years from now so it's uh 2011 2012 I did calculate what that would be per year and for Public Safety it's less it's approximately half a percent in the rate the rate is 24% now uh so it's it's really a nominal cost that they will charge

0:32:03us uh however it gives the city manager and Council and department heads an opportunity to uh fill positions in a different way or not at all as they see fit so um that is my report and what I'm asking you to do is to direct me to come back and two weeks with a report uh that

0:32:31pers requires that you adopt certain documents okay there any questions Mr Excuse me just want to make it clear this is a clearly a volunteer program for the employees the city in no way is forcing any type of program on any of the employee groups at this time correct correct it's an

0:32:54incentive uh for people correct and some people this is actually a good opportunity for employees if they were thinking about retiring out or leaving the area or looking in another career it helps them out it could help the city out correct correct it it gives them two

0:33:12additional the your Pur benefit is based upon your years of service and your age and so a lot of people you know put off and put off uh retirement but if they can get 2 years basically for free they say well maybe I'll go now okay and this is a tool that's used

0:33:35one of the tools that's used by agencies and to a large extent the private sector um as a creative way of trying to keep things going particularly in times that are a little difficult for them correct correct as I said the purs told me the contract agency told me this is they're

0:33:54getting all the calls on this right now okay thank you thank you Mr lman yes the $2 million that potentially is the liability if all 41 employees were to retire um are that cost would would be realized by the city starting in two years over you said advertised over some number of

0:34:18years 20 years so so even though there's a potential cost and a total cost of $2 million that's not something we would have to come up with in the next fiscal year but there is a cost in the next fiscal year or in the short term associated with the leave the the

0:34:34vacation leave that these people have accumulated that that potentially is and that's it that would be difficult to predict what the leave would be on a subset of the 41 but what's the amount of the leave if all 41 was to leave thank you for asking I actually calculated that today so can I ask a

0:34:58follow-up question while before you answer that leave it they're retired so you would have been paying their salary so now you're paying their salary which is that remaining leave so it's really in the budget for those employees to be paid it's just that they're not

0:35:16working no that's not quite the case because we may have to interim fill their position or somehow be utilizing some of that money ever it isn't it's a liability for us they could leave anyway right and we'd still have to pay it so it's somewhat situational this number

0:35:36that you're going to give us is arranged which would depend on how we backfilled and how much leave they had correct correct okay yeah and I did figure out everyone's potential leave hour that hours that they could be paid uh with fire safety those 10 employees it was

0:35:5574,000 and with the uh 31 miscellaneous employees it was 362,000 and I already know several people who are saying I'm not going to take it so it it's much less so that's our maximum that's absolutely that's if everybody decides 88 out the gate right correct yeah okay thank

0:36:21you I I wanted one more um point of clarification the eligible employees are those who are at or above retirement age they must be 50 and have a minimum of five years of service okay are there any other questions is there a motion or direction that this come back

0:36:46to us in two weeks as a item that we can reconsider I think we could just uh by consensus direct the staff to come back April 20th that works for me that works for me okay thank you thank you for your nice staff report um I did want to ask uh the um consensus approval of the council

0:37:10to move item 7D ahead of item 7 B and C at the request of our Public Works director um if there's no objections then we'll move forward with a staff report for item 7D Street Improvement program Professional Services contract Amendment thank you madam mayor Jerry

0:37:35Bradshaw your Public Works director uh as a way of introducing this item as well as the other two items that are related I'd like to make a brief presentation that sort of summarizes the street Improvement program uh where we are and where we've been and where I think we're

0:37:55going the the three items tonight being considered are uh contract Amendment to the consultant that's working with us to manage the program as well as two brand new construction projects the first project is um the uh 2009 overlay program this utilizes the uh rubberized asphalt

0:38:24overlay similar to what we what we did last year on U navier Street and Ganges and Fairview uh an overlay is approximately a 2in thick layer of brand new asphalt over top of the existing roadway except in a few cases where I actually grind out a couple of inches and put new

0:38:44Asphalt in its place and we call that an inlay but it's basically adding new strength to the street and extending its life in that way as well as providing a new new ride surface this type of work uh requires Edge grinding along the edges of the streets so it's a pretty noisy uh and Dusty

0:39:04process early on uh before they can lay the asphalt so the edges of the new 2in thickness will match with the uh the gutters and driveways as we pass by uh another project is showed up there in green and that is not on tonight's agenda for w that'll be about a month

0:39:24and a half out but that is another overlay program it's the same type of material um same process but we're utilizing Federal money this is the federal stimulus package that was signed by President Obama in in February has come down to us and we are in line to receive a little over

0:39:43$600,000 so the project that we um nominated for that are these five streets you see in green but that will be done this summer the um the big project this year is the cape seal project as you can see it's concentrated heavily in the north into town and pretty good coverage in

0:40:03the South and and other areas around town um the cape seal is a process similar to what we used last year on a few streets in town it is a thinner um application it's about a/ inch thick and it's think of it as a sandwich we lay down a hot asphalt emulsion put rocks

0:40:24down on top of it and smoosh them into the Emulsion and after that sets for a few days we put another coating of Emulsion on top sort of a sandwich of of those materials and it's um similar in thickness to just a plain slurry seal but it adds the the the the rocks in

0:40:42there the aggregate for more strength more durability on the surface and and better wearability last quite a bit longer um what we're doing different this year is we're actually using a rubberized Cape seal process uh this this is making us eligible for some a grant from the U

0:41:01Integrated Waste Management board and I'll talk a little more about that when we get to that specific item but as you see there's a lot of coverage throughout town this is this the big show this year um in conjunction with that we are adding um another element which is the

0:41:18storm drain um we just threw up 40 little square blocks up there and those are 40 locations where we need to replace old storm drain lines that are underneath the street um these are typically corrugated metal pipes that have rusted out on the bottom actually they've eroded out on the bottom believe

0:41:34it or not the water rushing through just wears away the metal until it rusts and then it disappears altogether um usually these are often 50 years old up there and a lot of them have no bottoms left and allows the storm water to wash into the soil and undermine and create all

0:41:49sorts of Havoc so it's time to replace many of those even if they're not quite worn out they will be shortly and do this before we start investing heavily in the streets so we've added that to this contract uh primarily because this contractor will be virtually all over

0:42:04town where those storm drains need to be so we felt it best to put it in the in that contract we could have bid it out separately but again both of the the storm drain work and the cape seal work would be all over town and it really is worth the markup that we get having a

0:42:22subcontract system in just to have one contractor in charge of coordinating that trying to marry two construction schedules together is tough at best and when you are all over town it's it's uh it can be disastrous to carry that burden on us so we have included that in

0:42:39that contract also included is some curban gutter repairs that we'll pick up as we go through I'll talk a little more about those as we get to that uh award item so you can see we covering a good portion of the town this year um if you add to that we work we've done in the

0:42:57recent past uh I'll add another chunk of streets we did about 15 to 20 streets last year that instead of just patching we went ahead and did finished Paving on those in the 2008 reconstruction also last year we did another federally funded project which is navier and Ganges and Fairview

0:43:16running up through the middle of town in 2007 we did a sizable program throughout town uh spent over a million dollars Paving streets that year technically not part of the measure a but it's part of the most recent work that we've embarked on uh over the last few years we can

0:43:35throw in a few other odds and ends the Fairmont streetcape uh Mill and lumber and the workaround City Hall and that's uh a pretty good coverage of town that we'll have by the end of this summer I went ahead and projected what we think we'll do next year and I'll

0:43:51throw those streets on here and what we've done in doing this is um including 2007 2008 2009 and 2010 season next year is about 87% of the road miles in town so I think we're uh we're on our way to having quite a successful program here um what I'd like to point out is that when we um um took

0:44:18major a to the voters and set up the program we envisioned a 4-year intensive work program we actually will be compressing that to just 3 years 2008 2009 and 2010 so we've sped this up and to get the work out uh as quickly as possible and I think we're well on our way with

0:44:40these two contracts tonight actually all three of them uh what I'm not going to put up there is the 350 or so curb ramps we did around town it's already looks like blackout Bingo as it is so I don't think I need to throw any more up there um we have uh as I said if if you

0:45:01look at the miles we've paved each year we've totaled nearly 60 mil out of the 68 miles in town which is over 87% and I projected the uh the cost of these I've got a column that shows the soft costs which are design contract management inspection and so forth and

0:45:21then the construction cost in the middle column and totaling up on the right as you can see with the the the 2007 and the three years of the measure a program uh it comes to about $14.9 million in that program that's very similar to what we uh promised in the expenditure plan for measure a which was

0:45:42$17 million over 5 years you back that up a couple years that we not uh involved here uh that brings it down closer to 15 million which is very close to what we have here um and also as you'll see the the soft costs of this are running right at about 10% of the

0:46:01overall project so we're we're we're happy that that the approach we took is working out we've had some elements that have been much higher soft cost the federal projects in particular and uh some elements that are um lower than 10% and gosh darn the construction bids came

0:46:17in so low that they actually made my soft cost look a little more percentage wise but I'll take that any day that I can uh deliver it to the city um before I move on to the first actual uh contract award do you have any questions on that just brief summary Mr Lyman can you go back one

0:46:38slide to the soft cost slide yes the soft cost does does or does not include the item we're talking about the Professional Services contract agreement yes it does so it says 500,000 here but the contract that we're asking to be to consider is700 ,000 well there's a portion of the 2008

0:47:00um cost in this to actually uh pardon me 2010 costs are included here so we can do the design for the 2010 in the upcoming year and the preparation great thank you uh Mr Jones these costs have that that counts for the federal program and the measure a program correct correct and the re re

0:47:26well we don't have revenues up there but measure a Plus Federal what What's the total that uh we're spending or we're receiving excuse me um roughly I think I left that in the office we we have over the same period I've come up with about $15 million in revenues the measur bonds were about

0:47:4910.3 million onetime infusion we have about $400,000 a year Revenue coming in for the three years of measure a we have grants totaling we have five grants alog together two federal grants a 540,000 a 600,000 we have the prop 1B money about 750,000 and we have um an two grants

0:48:15from the Integrated Waste Management board 175 220 and a shot at another 250 possibly next year uh so I didn't keep track of that but that's a couple million right there um so that's primarily the funny sources that add up add up to those so we're well well covered obviously yes and I've included

0:48:36a a small cut back in the sales tax that feeds measure that's built into that yeah we have a 30% cushion uh for that payback correct yeah we can only borrow up to 70% okay thank you so is it your preference to present the three staff reports and then to take action um after that or oh we can go one

0:49:04at a time if you like But whichever is your pleasure maybe I appreciate the staff report I don't know if there are any other comments on item 7D I move I move adopt a resolution authorizing the city manager to execute a contract Amendment with a V project management in an amount

0:49:21not to exceed $700,000 and approved change orders not to exceed $770,000 second uh all in favor I I I opposed so motion carries unanimously I did uh want to make a comment I'm very excited about the new materials being used these are environmentally sensitive materials and

0:49:42it brings additional grant money from the Integrated Waste Management board into our community and furthermore I continue to be impressed by the whole program that we have going here and it was just Illustrated wonderfully with the maps and the coverage that we're

0:49:57getting um and I think that the residents of el Sero should be congratulated and so should all the staff but particularly Mr Bradshaw who is carrying this project forward ahead of schedule and under budget under difficult circumstances so yes maybe sometimes we say we get a break because

0:50:15the prices certain things are going down but other things are more challenging so I'm very very impressed and um I'm ready to move forward to hear about the other two exciting new contracts we'll be sending out thank you I really appreciate um excitement in Construction

0:50:32contract feels lonely out here at times um the cape Seal program again Cape seal is a fairly thin application uh it does not add strength to the to the roadway itself but is a lot more durable than a slurry seal that just covers the road for 5 to 7 years uh the

0:50:54the and the rubberized aspect of this is actually pretty exciting to us we've been doing research on it most of the year and we're hearing very good reports on the longevity of this um City of Roseville in particular has been using this for over 20 years and they have

0:51:07some of their first streets still in service with that original application 20 years later uh we don't uh I'm not going to go to the bank on 20 years but if I can get 15 years I think that that's terrific because that's two to three times what a service seal would be

0:51:22at at not quite that much cost increment up and quite a bit cheaper than the asphalt overlay so with the patchwor we did which was considerable last year uh we've alleviated a lot of the structural problems so we don't really need to add 2 in or more asphalt to a lot of the

0:51:37streets so what we initially thought were going to be a lot of overlay streets we've downgraded them into this category which is why you see such a um a large number of streets in this program um we are asking for Fairly High contingency on this contract um the the

0:51:55two elements I've added in the storm drain work and the cbon gutter work are uh a bit of a wild card anytime you work underground in in an existing City like ours with all kinds of stuff buried there um you you're going to get surprise sooner or later uh so as we're

0:52:11taking out these old pipes which as well as being corrugated metal and rusted they're often times smaller than what we'd really like to see out there so we'll be enlarging uh uh enlarging the the size from what we see the eights and the 10 in diameters up to at least 12-in

0:52:25diameter and a few of them a little larger so that could pose some problems we might have to stop and dig up the street much more significantly than we originally planned so I'm planning uh I really want some uh additional leeway in the contract to deal with those if those

0:52:40situations come up uh another issue is the catch basins on each end of the pipe often times don't have trash racks just a month ago we were out had a lake up there on on Brewster and um and turned out that a rock had come out of someone's retaining wall and tumbled and

0:52:56rolled into the pipe and managed to get halfway across the street before it finally got lodged into the corrugations there uh so we're going to be correcting those issues too so we don't have near as much maintenance problems and inconvenience to the citizens up there

0:53:10so I'm asking for healthy contingency on that amount the curban gutter also can be a bit of a wild card um again we're moving quite fast on this so the design isn't as detailed we're not drawing everything up two and three times you know where where you build it on paper

0:53:25first we're we're not going to that because it's it's a fairly straightforward bit of work but you will get surprises on cbon gutter when you pull it out and realize that it was connected to sidewalk that has to be an inch higher where the driveways have to go up into U to conform those or replace

0:53:41things that were hooked to it um so again that's a bit of a wild card and we are just asking for some uh fiscal leeway there to to handle those those issues um I may take advantage of that um to to on the storm drain to actually add a few more catch Basin than what we

0:53:58programmed in here I may take that 40 spots up to uh you know 45 or so because there's a few others that have come to light since we put this together so um that was one of the unusual elements in here was the was the high contingency I wanted to point out we had two biders on

0:54:16this the low bid came in at our Engineers estimate so uh wasn't quite a bit lower like we're kind of getting accustomed to but but this is a very specific process and uses us specific materials so the research we did to do our engine assessment was actually spoton and was very

0:54:33timely um we are we have applied for a Integrated Waste Management board grant for the Recycled uh content of the U of the the first Emulsion layer and the rock layer which is those first two layers of the three is called a chip seal and they have a special grant

0:54:51program to urge people to use the chip seal um the the board uh in Sacramento I guess will act formally on April 21st to Grant um to to announce the grants uh we have seen their agenda bill for that meeting and we are on that list we're right at the cutoff line so we're not going to

0:55:11get the entire 250,000 it looks like we should get about 220 however what they are recommending uh if if we understand the report correctly is that they're recommending to the board that they not have a new set of applications next year because they had so many applications this year

0:55:29that they just take next year's funding and continue down the list and we're on the top of that list with the last 30,000 of this application uh that same procedure applies for the other program since I'm on the the wasteboard grants um we're on the second list we are below the cut off

0:55:47line but we are 7eventh in line for next year's if that comes to fruition we have to work out the details if we can get next year's Grant based on work done this year things like that if that's not the case we could probably substitute because we're doing the same uh

0:56:01rubberized asphalt concrete next year too so we're working those issues out and if those come in then that would U certainly help with the funding situation uh I think that pretty much covers this um if you have any questions on this particular contract any questions no I had a when we get to

0:56:20discussion though uh this is there a motion sure I move to adopt resolution approving plans accepting bids and authorizing the city manager to execute a contract in the amount of $3,462 27 with the with International surfacing systems and approved change orders in an amount not to exceed

0:56:42$683 $683,000 asfalt rubber Cape Seal program contract number 09 c327 08 second okay it's been moved and seconded and Mr Jones you have some discussion yeah I would like us to consider an amendment um as the Director has pointed out it is a considerable amount of uh change order and to approve

0:57:15and I have no problem with that I have no problem with giving this city manager Authority but what I'd like to add is change orders of over 75,00 ,000 $75,000 authorized by the city manager must be reported to the city council at the next city council meeting after the

0:57:34authorization has been approved and all I want to do is that we're aware of those change orders and the amounts as we go forward and I think um I think that's only prudent of us we also have an oversight committee that will be taking this up at Year's End um but I

0:57:53would just like uh uh just to keep on top of it and wondering if you're agreeable to that Amendment um is there $75,000 a magic number could it be a 100 it could be a 100 it I just picked a a a figure that's that's fairly large for a change order for one change

0:58:15order right and is it a single change order or accumulative no single if there's a change over order over 75,000 I just want to hear about it we don't need the the cumulative I I will I will accept that friendly Amendment yes a single change order of $75,000 just as a matter of

0:58:35discussion I'm wondering if it is uh necessary for it to be in the item or simply to give direction that um that come back in a weekly report as many of the other expenditures do or in various budget updates I just think it's just good prudent business I it doesn't have to be

0:58:56reported uh it can be reported in a report for the city council meeting it doesn't have to be on the agenda itself uh it can be an informational item um reported by staff at at a city council meeting at a city council meeting okay so could you restate the um revision to your motion

0:59:20please yes change orders I think Mr Lyman needs to state that excuse me I'll I'll change orders change orders individually exceeding $75,000 shall be reported at the next available city council meeting after authorization after authorization yes thank you by the city

0:59:49manager yes is it by city manager I want it to be in iner heard that it has to come here for authorization no no yeah right after authorization report report okay is that all clear to everyone okay so it's been moved and seconded all in favor I I opposed motion

1:00:10carries unanimously with the four council members present and we're now ready to move on to item 7 C and it's the most boring of all this is a straight overlay project it is rubberized asphalt but it is material we used last year on the dermont project it's the same material that calr used on

1:00:28s paabo Avenue a few years back um we did have quite a energetic set of biders we had 10 biders on this and a pretty good range of bids uh especially the low one we're quite pleased with that and and the contractor who submitted the low bed was the one who did the 2007 program

1:00:44for us too is that evidence that everyone didn't find it boring in certain circles yes um we have uh the federal project coming up later which we use the same material once again it's um it's it's um basically fairly routine at this point um again we've asked for a large

1:01:06contingency on this but what we wanted to do is as the engineering moves forward on next year's Paving program if some of those streets are ready to go while the contractor is still mobilized here we'd love to take advantage of the low unit price we've talked to the

1:01:21better and he has no no qualms about that particularly since the contract is worded the way it is um and so we'd like to be able to take advantage of that and once again we' be happy to report any of that um sizable additions to you as we go through okay so if there's a motion

1:01:41perhaps we can include the similar language that was included in the previous item yes I we have one question from Miss it's more of a comment and I just want to thank staff especially you Jerry for the work that you have done and um the money that I feel that you have

1:02:00saved our city and our residents um in putting this program together it um The Experience so far has been totally outstanding and I expect this work to be that way and I especially want to thank you for uh having the insight to get it out really early in the season which I

1:02:21think probably had a positive impact on the pricing um in making it lower um so I really want to thank you for that on behalf of all the residents of the city you're doing a fantastic job thank you thank you for mentioning actually that's a good opportunity for me to pass a

1:02:39thanks along to gardo Avala who's uh been really at my side and been the legs on this this thing the whole way through since late 2006 as we prepared for the 07 program he helped me build the measure a uh uh the whole expenditure plan all the technical data that went

1:02:58into that there was a lot behind the scenes that never really got out in all the slideshows we did and and and all that information so uh he's really uh worked very hard on this and and I just want to thank him he's done a good job for us well thank please thank him on

1:03:12our behalf for he's in the room actually he's actually he's in the room where oh I can't I can see the handy now hi Mr Jones I just had one U piggy backing on what council member ailson had said I I think it shows well for staff that um is ready to go with a plan

1:03:32um this plan was ready to go it was thought out and you get to take advantages of things and two two things one was the grants that you mention we were ready to go so-called shovel ready that got us uh $600,000 out of the stimulus package and possibly $220,000 in Grants for a little over

1:03:53$800,000 ,000 um but the other is this and um it's too bad we're in a it's really bad that we're in the economic situation we are but we were ready to take advantage of whatever that situation gave us and it's pricing I mean when you get a 27 28% swing in 10 uh people who first of all getting 10

1:04:17people to bid on it and then come it just shows that um we were ready at the beginning of the season and we were ready to take advantage a and with all that we have compressed the pro 4-year program into 3 years so um thank you very much and I think it speaks well I move adopt a resolution approving

1:04:39plans accepting bids and authorizing the city manager to execute a contract in the amount of $663,000 68760 with mck Services Inc and approved change orders in an amount not to exceed $330 $1,800 for the construction of rubberized asphalt concrete overlay program contract number

1:05:0409c 30279 and that individual change orders exceeding $75,000 be reported to city council at the next city council meeting after authorization by the city manager second all in favor I I opposed motion carries unanimously and thank you Mr Lyman for that excellent

1:05:32reading we now move on to item 7e the first reading of the ordinance establishing the measure a swim center parcel tax rate for fiscal year 2009 and 2010 and um um thank mayor uh members of the council I'm uh filling in today for the finance director who couldn't be

1:05:53here tonight um ever since uh 2 2000 with the passage of the original measure a um to reconstruct the swim center and some of our clubhouses um every year the council approves the rate uh charged um under the voter approved measure the cap of the rate was set at

1:06:16$584 upon completion of the swim center in 2004 that rate was reduced to $386 1 cents and that's where it's remained since and that's where we're proposing to keep it um that uh the majority of that goes towards paying off the bonds related to the construction of the Swim

1:06:37Center uh there's a small amount that goes to administrative fees on both our side and the County's side for collecting and the remainder from Debt Service reserves that we have to collect go into the council established uh measure a capital fund which you'll see

1:06:55when we bring the budget forward for the annual improvements to the pool capital of the pool uh in order to just keep the pool up and up and in Top Flight condition every year um our city engineer uh upon approval by the council our uh city engineer NBS government

1:07:14Finance group U actually here for the first time this year that we selected through a competitive process at the beginning of the year um will submit will develop and submit the engineers report to uh the county to ensure that the uh Swim Center amount gets put

1:07:31placed on the property tax roles so again we're we're proposing to keep them rate where it's been for the last 5 years at 3861 for single family which is the majority uh and uh asking the council to specifically introduce by title and W first reading of an ordinance establishing the measure a

1:07:51parcel tax rate for fiscal year 20 9 and 10 thank you is there any uh any questions or comments this is an item that we routinely every year approve and um we've been fortunate for The Last 5 Years to keep this at the same rate and continue to operate and maintain the

1:08:12pool in excellent condition well I just um think it it's worth mentioning that this is the fifth straight year that we've kept the rate at the lowest possible uh the lowest possible rate by law and I think that that bodess well for uh uh being able to get a continue to have a

1:08:34nice facility and yet uh keep the rate down for the residents of el Sero I had one question uh it just popped into my head so I'm sorry and I can't recall for the life me when do we retire The Measure A bonds do you happen to know I believe it was 30 years 30 years no

1:08:54actually was measure original measure was 20 years years so 2020 okay thank you for motion I'll make a motion um this is the first reading of the ordinance establishing the major a swim center partial tax rate for fiscal year 20091 uh and I would like to introduce

1:09:16it by title and wave any further reading an ordin the ordinance uh establishing the major a swims Center parcel tax rate for fiscal year 20091 and um adopting an ordinance uh establishing the major a parcel tax rate at the current level of $386 per single family residential unit

1:09:44$29.70 per multifam residential unit and $270 66 per acre of non-resident IAL property for fiscal year 20091 is there a second second it's been moved and seconded all in favor I opposed motion carries um we now move on to item eight which is Council assignment Leon

1:10:18reports and why don't we start with Mr Lyman I have none okay okay we'll move on to miss Aon okay um I just want to mention one um I attended two policy committees for the league of California cities um the community I sit on the community services committee and also

1:10:37the administrative Services committee and I wanted to mention just some key points that we discussed there the first that uh I'm really not sure how where people are is we discussed the 211 system you know there's 411 911 211 is a system that um is sort of an emergency

1:10:59system for things are not a um urgent emergency I guess I would call it and they provide a lot of Social Service help for people and um so we learned about that system and what I would like to suggest is at some point in the future we have a presentation so that

1:11:19our um listening audience could hear about that system and learn about how when uh you know should the need arise in their life they can use that service to get information that could help them uh solve an emergency that they're having relating to you know things like

1:11:36either housing or social services or whatever their need along those categories might be I think I did see materials available in this building about 211 and I'm really happy to see that already there um and it would I was just think it' be nice to have a presentation because I think people

1:11:56don't really recognize that we actually in contracosta County already have such a system and providing Services um we also heard about the condition of the state budget which is um daily growing worse um and even though they passed an 18-month budget apparently there's

1:12:15already a deficit and uh which continues to grow so things aren't doing well we also heard that that there is um an effort a foot um to put a measure on through the initiative process on the ballot that would uh vote on replacing the 2/3 uh majority vote required for passing the

1:12:41state budget and replace it with something that's closer to a simple majority or maybe something slightly more than that and but that won't be occurring till at least uh next year um and um then um the another thing that we talked about was um can't read my writing I'm

1:13:07sorry um another thing I'd like to mention is that um at the annual conference uh a number of groups throughout the state give presentations at the conference and uh Community Services Division um sponsored a project which I'm actually involved in um for speakers and we've been selected to do

1:13:29one of those presentations so what we're going to be highlighting is the easy ride program that the senior services of elero provide along with several other programs in different cities showing the array of ways that you can provide rides uh to seniors throughout your community

1:13:48so I'm very happy to announce that we were um selected to do that and Ellen Pash will actually be doing that presentation at the annual conference so thank you thank you Mr Jones great just um I attended the mayor's conference I council member Layman had had mentioned

1:14:09for on behalf of Mayor Potter and uh one of the things we were able to sit down with Ellen Tal's uh representative Eric and uh got the latest on what well the latest on what our staff is telling people uh about our appointment but we also took the opportunity to remind uh that uh Elso is

1:14:36ready and available for any senior uh Center or Library money that may be coming down from the federal government and uh Eric indicated that he would uh keep his eye open for us and uh he will be actually serving us he wanted to make sure that the city knew that even though

1:14:55uh Miss taler may be leaving uh to join the administration that the service will be seamless that they will continue to be interacting with cities we can call on them uh until such time as the as a new Council or congress member is appoint is elected should uh Miss taler

1:15:16accept and is approved by Congress for for her position uh so I guess that's it for right now so thank you for the report and I wanted to thank Mr Lyman and Mr Jones for attending the contra cost County mayor's conference in my absence this month um I really appreciate it and

1:15:35it's been a hectic time of year um as the college application process is well underway um in addition I attended the arts and culture commission meeting this month and I'm pleased to announce that we have a new show in the gallery space here at City Hall and an artist

1:15:53reception yet to be term and date but I will announce it at our next meeting and also want to follow up on what Miss abson indicated about Earth the Earth Day celebration we've been approached by Folks at Elso High School to organize um a booth for creating recycled art at the Earth Day and so um

1:16:13the arts and culture commission is taking the lead so please if you have any um materials that you think might be going into the garbage are going to recycle that could be used for art materials we're interested in those and are collecting them at the community

1:16:29center and um I'm looking forward to joining everybody with the tree planting and um the art and the barbecue on Earth Day I I'm sorry I forgot one thing we also uh reminded that the congresswoman's uh staff that our Public Services buildings are also up we did actually we really did we did he

1:16:57he said we're not in competition with a lot of other buildings right and one other thing I don't know if the art commission is uh sponsoring this or not but the Glenn there's an opening by uh elaro resident Joe yini at the Glenn uh 7 to9 on Friday night uh featuring his

1:17:15art and it's uh Sports themes great thank you for that um as I announced at the beginning of the meeting we will be going into a Redevelopment agency closed session um but tonight we will be adjourning the city council meeting in the honor of the Oakland police officers

1:17:34that were um slain in the line of duty and I wanted to ask for a moment of silence as we adjourn to honor the lives and mourn the loss of Oakland Police Department motorcycle patrolman Sergeant Mark dunakin and officer John hog and SWAT officers Sergeant irin uh Romans and Daniel Sakai who were

1:18:01brutally gunned down while serving in the line of duty each of the Fallen law enforcement Heroes dedicated their lives to public service and selflessly work to protect their communities our thoughts prayers and deepest Symphonies sympathies are with their families of

1:18:17those lost the Oakland Police Department the Oakland Community and law enforcement offic officers throughout California during this difficult time and we are grateful for and acknowledge the hard work of our officers in our community and what they do every day for

1:18:34us and throughout throughout this country so please join me in a moment of silence e now turn the meeting thank you thank you yeah I'd like now to