Contents
12 sections- 01An arts commission appointment, a safety day, and free street treesX
- 02LED street lights, the housing market, and California Arts DayX
- 03The paving invasion: overlay, stimulus and cape seal
- 04Driveways, wheelchair vans, emergencies and the streetscape
- 05Gooey rocks, sagging gutters, Fairmount markings and change orders
- 06Public comment: golf day, Baxter Creek and composting
- 07Fall prevention week, and the consent calendar
- 08One abated lot on Contra Costa Drive, and three hours of staff time
- 09A new ADA transition plan, and a court settlement the next day
- 10Joining the redevelopment lawsuit against the state
- 11Liaison reports: reserves, to-go containers, the sports fields and Willie BrownXX
- 12A closed session on the Target siteX
01 An arts commission appointment, a safety day, and free street trees captions 1–21
0:17:14good evening it's time to convene the special concurrent city council and Redevelopment agency meeting for the city of El Sero for September 21st 2009 and can we have the roll call please council member Chang here council member Jones here council member Lyman here
0:17:34vice mayor ablon here and mayor Potter here um please join council member Chang as she leads us in the pledge alance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and just Justice
0:18:03th the city council met um earlier to conduct interviews for boards and commissions and at this time I would like to announce our appointment of Shannon Petro to the arts and culture commission um and we appreciate everyone coming out for the interviews are there any closed session
0:18:26reports from any earlier meetings close session no no okay um staff or other council member reports I I have one report um I do want to let everyone know that the crime prevention committee um is participating in the TR safety day which is um this coming Saturday September 26th I think that's
0:18:53the right date I'm looking in my notes is Saturday's datee it's this coming Saturday at the elero plaza uh 11 to 2 and hopefully everyone can make it out to see the fire engines um it's a good time uh great family event with uh uh the mobile fire hydrant that will squirt you and um the uh
0:19:20training house that we have available for training as well so great I hope to see everyone there thank you first of all I would like to um tell everybody about an event on October 17th uh it's uh where we're going to be planting Street trees for free um and the idea of this event is that you get
0:19:45together a group of sites in your neighborhood or a neighborhood and um plant trees um the at normally when you plant a tree on your U medium or not meeting but rather um um right away thank you uh you have to pay some fees and so forth on this particular um for this event you won't
0:20:11have to do that uh the only thing you'll have to do is um make sure that whoever is the owner of the property um is okay with it and then in addition to that you have to guarantee that for a couple of years you will make sure the tree gets enough water and so forth um so this
0:20:29event is going to be on October 17th uh the tree planting will be from 9: to noon and we will have a a number of additional other activities uh that day um after the um the tree planting will have an event at uh City Hall out here on the Plaza uh where there will be free food
0:20:52music and informative and interactive booths showing new environmental programs in El RTO and I believe if you go on to our City website uh you will be able to find more information on this really exciting program and I would encourage you all to do that um then uh
0:21:11moving on to things that I've done recently the um last week I went to the league of California City meeting in San Jose I'm the city's delegate uh in addition to that I was the presider at one of the um events and on that event uh which was about um senior Transportation um Alternatives that
0:21:35would be alternatives to the regular buses and uh Paratransit Services uh one of the speakers was our own Ellen Pas who spoke about our own senior transportation system easy ride and it was uh very well attended and um it was a lot of fun putting together so it was
0:21:56um a good event um our attendance for the overall event was uh somewhat off this year probably due to the economy um especially as it impacts cities but I think those of us who went um got a lot of good information about it and um in addition to that I went to a program on
0:22:18the Bay Area economic uh climate uh that was put on um earlier this um month and excuse me a couple months ago I also went to a um Transit oriented development dinner Forum that was held by the local government Commission in Oakland uh recently and one of the things that was
0:22:44discussed there was a um program where you can just really quickly like I think they said they did this program in three weeks put up um a a set of uh platforms whereby you can extend the sidewalk out into the street uh taking over a lane and um the interesting thing about it was that it
0:23:10was portable so you can take it up and move it the place where they've actually done that is San Jose and lo and behold it was a block and a half from the league of California cities so I managed to Shanghai our city manager and we went over and looked at it and um it has some
0:23:27interesting possibilities for our own s PBO Avenue projects I'm not sure if we'll be able to do it but it's it's a very interesting idea and um you can quickly transform a uh an area into say extended Cafe sidewalk seating or um a place where you can display extra
0:23:47artwork or whatever it is you'd like to do was really it was really interesting to see it um and um it had just gone up um I also um attended a uh program called uh building momentum put on by um abag The Association of barrier governments and um it um talked a lot
0:24:12about our um priorities in the area and uh that was held on August 28th and um the um was a snapshot of our the plan that are going on for um change over the next 25 years in um in the Bay Area in um transportation in um housing in the whole you know everything basically and
0:24:42what what it's going to look like how will growth occur one of the more interesting things I think that we heard there is that we already have enough housing of the uh single family housing type for the next 25 years without building another single unit what we
0:24:59need is more attached housing because as um our uh baby boomers childrens get older there that's the kind of housing that they're going to demand and so that's the kind of housing we need to build as our population increases both from um our own internal growth and also
Mayor Sandy Potter convened the special concurrent City Council and Redevelopment Agency meeting; the roll call named Chang, Jones, Lyman, Vice Mayor Abelson (captioned "ablon") and Mayor Potter, and Councilmember Ann Chang led the pledge. The Council had met earlier to interview applicants for boards and commissions, and the mayor announced the appointment of Shannon Petro (as captioned) to the arts and culture commission. There were no closed session reports.
Councilmember Greg Lyman reported that the crime prevention committee would take part in the safety day at the El Cerrito Plaza on Saturday 26 September, “I think that's the right date”, from 11 to 2, with fire engines, a mobile fire hydrant “that will squirt you” and the training house.
Another member announced a free street tree planting on 17 October, from 9 to noon: neighbors group sites, skip the usual fees, get the property owner's agreement and guarantee watering for a couple of years, followed by free food, music and booths on new environmental programs on the City Hall plaza. As the city's delegate at the League of California Cities meeting in San Jose the previous week, the member presided at a session on senior transportation alternatives where Ellen Pas (as captioned) spoke about the city's Easy Ride; attendance overall was somewhat off, “probably due to the economy”. At a local government commission forum on transit-oriented development the member heard of portable platforms that extend the sidewalk into a street lane, saw one in San Jose with the city manager, and found it interesting for San Pablo Avenue, “I'm not sure if we'll be able to do it”. At ABAG's building momentum program on 28 August the member heard that “we already have enough housing of the uh single family housing type for the next 25 years”, and that attached housing is what is needed as the population grows.
02 LED street lights, the housing market, and California Arts Day captions 22–35
0:25:20from people moving into the bay area so that was a really interesting presentation and with that I'll stop thank you any announcements uh just like to uh mention that the LED lights street lights on San Pablo Avenue are are fully in place and implemented um as you may recall um the
0:25:42end product that we have should save us over 60% of energy on the energy side and uh save dollars um not only in the decrease use in energy but also in maintenance uh where the one of the first if not the well certainly the first in this area and one of the first
0:26:01uh cities in California to actually uh implement it as part of the uh Major Street program so uh I think it's I think it's great takes a little getting used to uh Jerry and his people have taken numerous uh readings and the readings are all coming that it is the
0:26:21same light or more on the surface and one of the nice things about LED lights besides all its energy saving capabilities as you can aim them uh and aim the light uh much more effectively and efficiently uh than before so take a look at it you have to go by a couple
0:26:42three times I think before you appreciate uh the fact that these are improve it's improved lighting from Over the uh High pressured sodium uh I I also attended the uh conference in San Jose a lot of things but I did attend one on um the session about uh problems and situations in the
0:27:03state money and in particular uh foreclosures and the decrease in the amount of uh property tax we're getting uh because of the devaluation however um a person she was a very knowledgeable person in the re uh Real Estate Field past California uh excuse me past president of the California realators
0:27:25Association and she had one thing that caught my ear and um although she indicates that everything she's looked at U that Statewide housing has another 3 to 5 years before it gets back on a vibrant track she actually says what's interesting about this is that there's
0:27:45certain segments that are hot for instance right now it's the foreclosure properties under 500,000 that are that are hot even though everything else is is uh not but she says next year um The Hot Spot is the five to $900,000 house which caught my ear since I think
0:28:06probably the majority of our houses are in that price range uh so I hope she's right uh gives us a little hope for 2010 thanks um I did also want to announce that October 2nd is California Arts Day celebrated throughout the state and in Els Sero we celebrate all month but just
0:28:26to remind folks cuz don't have another city council meeting before then that on Friday night U beginning at 5:00 at the senior center is going to be a celebration of the historical Japanese Nursery community and that should be um interesting from a lot of perspectives
0:28:42and then at 7 o'clock there'll be the reception for the Elso art association's art show that's held at the community center on moer Lane that's the art show you all may remember from April that used to be held at Earth Day it's now been shifted to October to coincide with
0:28:58California Arts day and also a reminder that at the contracosta Civic Theater the play Harvey is showing on Friday night Saturday night and Sunday mates and there'll be many other events which I can announce at the October 5th um meeting that's going to be associated
0:29:16with California Arts day including the Stockton stroll okay um I see that we have a capital Improvement program update from staff are there any other staff Communications so I'm going to invite Jerry Bradshaw the Public Work Director to give us a staff report but first I
0:29:34want to say that just today I received a notice um at my front door that my street was going to be worked on and I wanted people to know that it's a white paper with black writing and it's kind of rolled up but it might not look important but it's really important so
Councilmember Bill Jones announced that the LED street lights on San Pablo Avenue are fully in place and should save over 60 percent of energy as well as maintenance, with the city “certainly the first in this area” and one of the first cities in California, Jones said, to put them in as part of a major street program; Jerry and staff had taken readings showing the same light or more on the surface, and the lights can be aimed, though “you have to go by a couple three times I think” to appreciate them. Jones also reported from the San Jose conference a session on foreclosures and falling property tax, where a past president of the California realtors association said statewide housing has another 3 to 5 years before it recovers, but that foreclosures under 500,000 are hot and next year “The Hot Spot is the five to $900,000 house”, which caught Jones's ear since probably the majority of the city's houses are in that range.
The mayor announced California Arts Day on 2 October, celebrated in El Cerrito all month: a celebration of the historical Japanese nursery community at the senior center on Friday from 5:00, the El Cerrito Art Association's art show reception at 7 at the community center on Moeser Lane (captioned "moer"), moved from Earth Day in April, and the play Harvey at the Contra Costa Civic Theater, with more to be announced at the 5 October meeting. Introducing the capital improvement program update, the mayor said a rolled-up white flyer had arrived at the mayor's door that day about street work: “it might not look important but it's really important so please read it”.
03 The paving invasion: overlay, stimulus and cape seal captions 36–60
0:29:48please read it and now I'm sure we're going to hear more about why we need to read those directions yes thank you mayor and councel um Jerry Bradshaw Public Works director and thank you for the plug on the flyer I I've I've come prepared to try and alert you to The Invasion that's
0:30:06about to happen here um I've got a graphic up on the screen this is the same set of Graphics that I showed you last April when we started down this path and I'm just going to use it it's not 100% accurate but the program really hasn't changed significantly um the first project I'll report is
0:30:29actually one of the smaller projects this year it's the 2009 overlay project um I'm H happy to report that that project is virtually complete with one kind of significant exception um the contractor for this suffered a catastrophic asphalt plant problem it burnt down a couple months
0:30:52ago and um we actually uh negotiated to change a a large portion of the um uh overlay into a conventional asphalt instead of rubberized asphalt we still have U State Grant to fill up with rubberized asphalt we still have a lot of that yet to come this year so that
0:31:10wasn't a problem but there were four streets that we wanted to keep in the rubberized uh asphalt um upper moer Lane portala uh Eureka and I don't recall the fourth one so those have not yet been paved and we're working with the contractor to see when he will be able
0:31:28to get his rubberized asphalt production capability back online we just heard today it could be as late as next spring so it's just four streets uh we actually added six streets into the project so on balance we we're one street ahead uh but we're still in negotiation on whether
0:31:48that will work you know what do the prices do between now and then and so forth so that's very preliminary but there are four streets that that are in abeyance right now on that project uh what did I just do well just a moment here okay the other project is also not
0:32:17too volumous it's the um the federal stimulus project that's the one that we uh open bids for in August and awarded that the contractor have all been signed and just today I issued the notice to proceed for that and they will Begin work on that next Monday although the actual
0:32:36Paving itself won't start until the third week of October again that's rubberized asphalt they're working through a different supplier and they had to get on the schedule for that and uh so we're scheduled for the third week of October and that's about a one to two
0:32:52week project to finish out that Paving and then at that point it'll just be a matter of cleaning up the the Loose Ends the the street markings and so forth so that project is finally getting launched and should be done here in a a little over a month um the largest project of the year
0:33:13is the cape seal project if you recall this was more than just a cape seal project this is the project we threw in a lot of storm drain repairs and because we're touching so many streets we uh had to examine a lot of curbs and gutters that were out of conformance and needed
0:33:31work so that work has been going on all summer and and um many of you may have noticed that work some of it maybe in front of your house or down the block from you but they've been very busy going with that the storm drain work is is pretty much done except for just some
0:33:44cleanup work uh curban gutters are about 90% done and they're online to be to be completed when they start Paving here next week and through the next two weeks and there's just some more Street patching that's currently underway and that'll that'll be done here in another
0:34:00week or two the actual resurfacing as I mentioned is going to start next Monday this is The Invasion that we uh were so eagerly awaiting and and um we've been working very hard the last two weeks to schedule the contractor on how he's going to Stage the work there's two main
0:34:20surfacing elements in this the the chip seal is the first main element that'll start on next Monday in run about 2 weeks to get through all of the blue streets you see up there so as you see they're going to be moving very quickly through town we actually uh went up
0:34:36about a month ago to Sonoma County and to see some of this type of work being done and it actually does move very fast it's it's rather incredible when they get going um they also have to come back the next day and sweep the loose gravel off the street so when your streets up
0:34:51you're going to be hit two days um they had initially wanted a third day to do some additional sweeping we think we've got that off the schedule now um we've we've seen a schedule where they won't be doing more than two streets side by side they won't do three and four
0:35:06streets that would virtually shut down a whole neighborhood so they're going to have uh move through a neighborhood leaving some streets and come back a couple days later and pick those up so we we've got a um a phasing diagram that I think will actually work and that
0:35:22should move ahead uh like I said Monday um then on top of that there's a SL seal which goes down on top of that which will follow on two weeks afterwards and it'll move maybe not quite as fast but uh that'll be another day when the residents will have no parking and not be able to gather
0:35:39driveway for a few hours during the day that's the long and the short of the paving work this year it's taken quite a while to get to this point but I'm confident that um we will get done in October with all the paving historically that's actually a fair fairly a a fair
0:35:58weather time of year here although the days are getting shorter but we don't have as much summer fog uh in our way we'll see how it goes it could be foggy it could even be rainy but typically we do get a fairly good spot of weather in September and October to get that
0:36:14done as I mentioned there's going to be uh a lot of imposition that the the blue streets alone are represent almost 40% of the streets in town and then you add in the others and and it's even more than that um it's going to be very hectic here we've been we've been getting a lot of
0:36:31calls from citizens throughout uh but we've been able to keep up with them respond to all of them I think um we're dealing with it I can't say everyone's satisfied with with what they hear but for the most part I think it's been a fairly successful program uh the notices
0:36:45hit as you mentioned just this last weekend uh we had 40 calls just today which is like triple what we have on a busy day uh coming in but hopefully um we can keep up with all that we're making plans to bring on enough resources to to keep up with citizens questions make sure we coordinate with
0:37:04everybody that we can um that's kind of it on the paving I'll update you on some other projects unless you have uh unless you want to stop for questions on this well I'm just wondering if there's any frequently asked questions you might want to just throw out some answers to
Public Works Director Jerry Bradshaw, thanking the mayor for the plug on the flyer, came “prepared to try and alert you to The Invasion that's about to happen”, using the graphics shown in April. The 2009 overlay project is virtually complete except that the contractor's asphalt plant burnt down a couple of months ago; much of the work was switched to conventional asphalt, but four streets meant to stay rubberized (upper Moeser Lane, Portala (as captioned), Eureka and one Bradshaw did not recall) wait for the contractor's production, possibly as late as next spring. Six streets had been added, so “on balance we we're one street ahead”, with prices still under negotiation. On the federal stimulus project, bid in August, the notice to proceed was issued that day; work begins next Monday, with rubberized paving in the third week of October taking one to two weeks.
The largest project, the cape seal, also carries storm drain repairs and curb and gutter work: storm drains are pretty much done, curbs and gutters about 90 percent. Resurfacing starts next Monday: the chip seal will run about two weeks through the streets shown in blue, followed by street sweeping the next day, so residents are hit two days, then a slurry seal two weeks later. Staff had watched such work in Sonoma County, where it moves very fast; the contractor will do no more than two streets side by side. The blue streets alone are almost 40 percent of the streets in town. Bradshaw was confident paving would be done in October, typically fair weather, though “it could even be rainy”. Calls were being answered, “I can't say everyone's satisfied”; there were 40 calls that day, about triple a busy day.
04 Driveways, wheelchair vans, emergencies and the streetscape captions 61–86
0:37:25now let this this fellow's one ones who's answering them and is much more aware so Gerardo Avala I think you've met him before hello hello um probably the majority of questions that we get have to do with the how they're going to how their access to their driveway uh is going to be
0:37:44impacted um we try to answer some of that in the Flyers if you notice the one that you got we speak to uh times of the day that we're going to be working and in the extent of the impact to their driveways but that's kind of typical um also when when exactly the work's
0:37:59going to get done we tell them a window of uh two days and they tend to want to know a little bit closer uh within a couple of hours of when the work will be there they get a little frustrated when we post it for two days and they see no work so we get calls uh when they don't
0:38:17see the work starting on the uh first day um we also get some very good calls that alert us to uh some uh something that maybe we haven't encountered uh before um uh things like the the limits of the work maybe not extending to uh through an intersection or thing something like
0:38:38that so a lot of them are very helpful and we appreciate those but generally the majority of them that can be handled by some of our staff that that are familiar with schedules and um the minor impacts uh to the project so since we're doing a phase project and um it sounded
0:38:57like there the street work is being segmented though we are covering a large percentage of the city what would you estimate is the longest number of blocks one would have to walk to park their car uh typically um well we're hoping that it's not more than a block um the
0:39:14contractor uh we've had just extensive conversations with them where they uh for their efficiency would like to come in and do a whole neighborhood at one time and we've stressed upon them that we have areas of town that have quite quite long streets and on hills and from
0:39:31our experence last year we had quite a few calls from folks that that uh that had problems even walking half a block because it was so steep um from the elderly community so so we've I think with the plan we have in place now it should not be more than a block okay what we hope thank you um are there
0:39:53other questions Mr Lyman yeah my my street actually uh benefits from being relatively level and therefore we have two families that live on that street uh that use wheelchair accessible vehicles um how are you going to address the need for level parking to allow these
0:40:10vehicles to load and unload their passengers and accommodate their needs um I think both of the the chip seal the two processes we spoke of uh lend themselves to to to making accommodations like that access accommodations uh the first the chip seal actually sets up pretty quickly and
0:40:32there is uh the contractor does go out before he shuts down a street and goes to the neighborhood goes to individual neighbors uh and tell them we're coming if you need to move your car or need to get in and out then this is a good time to do it um if they miss somebody like
0:40:48that they can still U accommodate them by either uh slowing down their operation or throwing some material down in front of their driveway so they can get in and out uh the chip seal is the slurry seal is kind of the same way um they they can throw some sand um uh
0:41:08across their driveway um so that uh so that they're they can come in and out and um yeah it's not the driveway that they actually Park in it they Park they're required to park on the street because it's the street that's level not the driveway um so they they would
0:41:23actually need to have access to the street and curb uh to operate their vehicles and in the same way I think that on a on a case-by casee basis um they'll be able to accommodate that and like I said that they they try to uh try to get some of those uh those uh specific situations uh to come come
0:41:44forward by them knocking on the doors okay Mr Bradshaw last I think it was last Thursday you had a meeting about Moser was this is it related to this or is there you're going to provide an update in your next set of projects um it's related in so much as we're going
0:42:00to pave upper mure so we're going to have to restripe Upper mure it was an opportunity to look at changing the striping so we did have a meeting about that doesn't really relate to getting the paving work done um so I'm that's still work in progress so I'll defer until a later
0:42:16time to let you know what the plan is up there great thank you uh I just want to stress too that if any emergency occurs where you have to get out of your house if you're think you're in for the day something happens you have to get out or emergency vehicle has to get in they
0:42:31will be able to go wherever they need and if we have to do a little Patchwork behind them we will do that and in a lot of cases they they just have to do a little extra work and cover up tracks you might leave so I just want to remind everyone that emergency access is
0:42:45available throughout any of these projects so there were a couple other um projects you were had an update on or uh yeah I think mainly the the S Pabo Avenue streetscape um council member Jones mentioned that the lighting is up um it's actually not 100% we have about a half about a dozen
0:43:04lights that aren't swapped out because we're waiting for some new poles to come in there's a few poles that are dented Beyond where we want to leave them up and we're going to replace a few of those and I don't think those have arrived yet um and also at the signalized intersections those signals
0:43:20are calr facilities and we've not swapped the lights out we've put an application in to get permission to do that that's actually an opportunity as you drive through the signalized intersections to notice the slight change in light because those'll still have one or two or maybe even three of
0:43:34the old uh high pressure sodium lights up so you can see how that's a yellower light at those locations um but the street skate project itself still has not yet begun that is now scheduled to begin in about two weeks the we've had um several different frustrations on that as you
0:43:53recall the award for that went out early in the summer uh the contractor has found himself really busy and has wanted to delay coming um we've resisted the urge to really push hard on them because frankly we still don't have a permit from calr which is another frustration
0:44:12on this job they just seem to find another T to Cross or an i to dot every time we send something back so we're working both ends on that but we knock on wood uh we've got us some metal in uh that we think ties it all up with the bow and we'll find out here in a day or
0:44:29two if that's really the case and the contractor is promised to be here the first or second week of October to start um at this point we're trying to get some work done down in the theater block before the holidays hit and they've committed to do as much as they can down
0:44:46there once they hit so um that's first on the agenda and uh we'll see how that goes through October and November and into early December before we roll them back a little bit for the holidays uh overall that's a 9-month project so it will carry us clear on into next uh
Asked for frequently asked questions, Bradshaw turned to Gerardo Avala (as captioned): most callers ask how driveway access will be affected and want to know within a couple of hours, not a two-day window, when the work will come; some calls helpfully point out things like work limits that stop short of an intersection. Asked how far one might have to walk to park, staff said, after last year's calls from elderly residents on steep streets, it “should not be more than a block”. Lyman asked about two families on Lyman's level street who use wheelchair accessible vehicles that must load at the curb; staff said the contractor knocks on doors before closing a street, the chip seal sets up quickly, and crews can slow down or throw material or sand down for access case by case.
Asked about a meeting the previous Thursday on Moeser (captioned "Moser"), Bradshaw said upper Moeser would be restriped after paving, which was a chance to look at changing the striping, still a work in progress. The member then stressed that emergency vehicles and residents who must get out can always go through, with patchwork behind them if needed. On the San Pablo Avenue streetscape, Bradshaw said, as Councilmember Jones mentioned, the lighting is up but not 100 percent: about a dozen lights await new poles, and signalized intersections are "calr" (as captioned) facilities still showing yellower high pressure sodium lights. The streetscape work itself, awarded early in the summer, had not begun, with a busy contractor and no "calr" (as captioned) permit yet; it was now set to start the first or second week of October in the theater block, a 9-month project running into next spring.
05 Gooey rocks, sagging gutters, Fairmount markings and change orders captions 87–115
0:45:06spring great I have several other but I think I've covered the the high points of the big ones I just had a couple questions going back to the street uh program two questions one the uh cap seal how long does that take to drive are we talking within the day does it is
0:45:29it an all day process how's that um the cape seal is made up of two things the first is the the meat of it is the the chip seal they lay down a a rubberized Emulsion and they put the Rocks now the rocks have been pre-co with the same rubberized Emulsion so these are gooey
0:45:46rocks that get just get smooshed down they roll it and it's cooling as they roll it and you can drive on it very very quickly within the hour usually um um the the next topping is a a typical slurry seal and that takes a little longer for it to dry and get traffic on
0:46:04okay and um you indicated that you had extensive Gutter and and storm drain uh work could just briefly outline what that was it sounds like it was uh not anticipated to be as much work as it turned out to be well actually it it's turning out to be pretty much what we
0:46:25anticipate we did not detail every location uh as you recall we asked for uh extra contingencies because we felt like the the contract quantity would grow and it did and it grew about what we were hoping it wouldn't go past so there were a lot of different scenarios that would require us to
0:46:44replace the curban gutter um the most extreme case was Point set um as we started looking at that the curb and gutter were broken up so badly that we virtually replaced much of it on both sides of the street this is the block down hill from the park um so we end up replacing a lot
0:47:05now in some cases if you're some of these we we had a big sag so we had to raise the curban gutter often times that would require us to have to raise a sidewalk to and maybe some drivew walk approaches or driveway approaches so forth so sometimes that work would
0:47:19Ripple out sometimes it's just simple curbing gutter um other places we just have you know 20 ft here 20 ft there we have a we have some spots in town that there never was a curb we have asphalt up against a 4x4 Timber and there's some places like that that we've had to get so we're cleaning
0:47:38up those I've had to say no to a few spots if you have a gutter that sags and holds an inch or two of water in the rain we're saying no that's just doesn't rise to the level of of affecting how we pave our streets doesn't change the shape of the street significantly and a
0:47:53little bit of water in the gutter is not a doesn't bring on typically structural problems and it's a minor inconvenience so we've had to say no to a lot of requests that we've gotten as people have seen you know my neighbor got this mine has broken to I want that so we've
0:48:07had to deal with those as we go but the driving force is that it has to affect the street repair uh before it could qualify pretty much sometimes um if it's holding a lot of water or if it's broken so badly that we can't even pave up to it competently um that would be another reason so either
0:48:27it's it's so busted it's not competent to push asphalt against or it's so misshaped and we need to fix it so the street won't be a a really odd shape with our brand new pavement okay thank you okay one more oh wait Miss Chang had a um question um just quick one about
0:48:46the the streets that T at Fairmont that he intersect at Fairmont below I guess between um the BART tracks in Ashbury and there's some stop signage or like roads markings that are kind of peeling away and I'm wondering if that's part of all of this or if it's a part of the
0:49:10the San Pablo larger s p project or um are they approaching the new uh raised crosswalks is that where no it's it's just kind of it's it's between the raised crosswalk and then the BART tracks and the streets that as you're heading south you hit Fairmont and then
0:49:28they tea off at Fairmont but there's kind of very temporary looking stop sign limit lines and stops oh yeah some of those were actually left from last year when we did the patch Paving uh we determin if they were going to get resurfaced the very next year that we'd
0:49:44try and live with the temporary stop markings so th that means those streets are going to get resurfaced here this year and then they'll get brand new markings okay because I'm not seeing them at on the BL they should they be blue technically then they should be one
0:49:58of those colors well we'll check because if that's the case we need to get in there and and do a better job because I I don't know if we want to nurse that tape along for a whole another year although we could but and just to follow on real quick the um Ash Ashbury um bulb
0:50:14out and what the status of that is I'll make a note we'll make sure we double check and that they are in this year's program or or otherwise we'll fix it I um yes first of all I I uh a friend of mine got back from vacation and had nothing but rave reviews about the work
0:50:30that you had done in front of her house on SE view um she she couldn't believe she was one of the people who really really wanted the streets fixed and every time she would drive me around Els Sero she would drive there because she said the road was so bad and she wanted me to see
0:50:48it so I was totally delighted when the voters voters of our city um passed major a over 7 with over 70% um saying what their number one priority was was to pave streets um and so I I just have to say thank you on her behalf um you are her hero um and then I had a question about
0:51:12pedestrian usage of the street right after the uh resurfacing you were talking about um what happens if you need to get your car in or out but what if you're a pedestrian and walk trying to get somewhere I'm particularly looking at well I don't I know that the south end of town where
0:51:30all the blue is is pretty flat I'm not sure where the the blue at the upper end of the picture is but a lot of people walk in the um area where the the blue is at the bottom of the map um how will they uh when an intersection is impacted by one of these projects what
0:51:52can they do can they just walk over it if they have to do that to get to where they're going or what do they do yeah typically you can walk across a surface quicker than you could drive because you don't have the weight to to imprint it um it can be kind of hot for the first
0:52:10hour or two uh I I saw a woman actually up on Betty Lane after we done a major patch up there and she was walking her dog all of a sudden the dog tried to lift all four feet up off the ground at the same time which didn't work well but she didn't feel it through her shoes but
0:52:24the dog sure felt it through the it was just pretty warm so she got the dog off pretty quick but you can usually walk across these streets keep in mind where you see like three blue streets stacked up next to each other they're not all going to be done on the same day um and
0:52:38only a few of these treets run through like several blocks in a run so crossing the street would be you'd have to cross the new Pavement in those situations but most of the time you can walk to the corner and cross over at that point Thank you Mr Lyman a final question yeah
0:52:54sure mind's about the change orders you just alluded to the fact that they you've had some change orders I know that when we authorized this you were uh and you did give us a consent calendar item last month with regards to change orders just wondering where we stand on
0:53:08the change orders um I gave you heads up a two change orders that were pretty firm at that time those have been executed and pretty much as reported and um we have one other change order in the works on the uh the large project the the cape seal uh for some extra patchwor
0:53:27but that's not been all finalized yet but I think we even gave you a heads up that that was coming in that last report so everything's pretty much status quo from what I reported at the last meeting great thank you thank you Mr Brad for the update we appreciate it sure we're
Asked how long the cape seal takes, Bradshaw described the chip seal as “gooey rocks that get just get smooshed down”, drivable “within the hour usually”, with the slurry seal topping taking longer to dry. The curb and gutter work was turning out “pretty much what we anticipate”, within the extra contingencies requested: on Point set (as captioned), the block downhill from the park, curbs and gutters were virtually replaced on both sides; elsewhere sags were raised, sometimes with sidewalks and driveway approaches, and some spots had only asphalt against a 4x4 timber. Staff had said no to many requests, such as a gutter that holds an inch or two of water; the test is whether it affects the street repair.
Councilmember Chang asked about the temporary-looking stop markings on the streets that tee at Fairmount (captioned "Fairmont") between the BART tracks and Ashbury, and the Ashbury bulb-out; Bradshaw said the markings were left from last year's patch paving because those streets were to be resurfaced this year, and would check, “I don't know if we want to nurse that tape along for a whole another year”. Another member passed on rave reviews from a friend on SE view (as captioned), recalled the voters passing the street measure (captioned "major a") with over 70 percent, and asked about pedestrians; Bradshaw said one can walk across the new surface sooner than drive, though it can be hot for the first hour or two, and most can cross at the corner. Lyman asked about change orders: the two reported at the last meeting had been executed, and one more for extra patchwork on the cape seal was in the works, “everything's pretty much status quo”.
06 Public comment: golf day, Baxter Creek and composting captions 116–125
0:53:44going to now move on to item three oral Communications from the public and if we have any speaker slips if the clerk could read the directions we have two speakers the council has allotted 3 minutes per speaker when you come up when I call your name you come up to
0:53:59speak you'll notice that there's a speaker light up here on the speaker Das and when the light turns green it's your opportunity to speak and when it turns yellow you'll have one minute to sum up and when it turns red you'll know that your time is concluded the first
0:54:14speaker is Al Miller El Miller 625 ashur good evening everyone I just wanted to come and acknowledge uh all of the effort that the Monica courts and our recreation department and City staffers from across the staff put into the annual golf Dynamo day uh which was last Monday up
0:54:38at uh Mira Vista Country Club I know council member Jones was there and observing the good work but uh I think that that is one of the most uh enjoyable efforts that we have to help raise some money for the senior center and uh David Hunter memorial fund so I would like to thank her and her staff
0:54:59for all the work they put in then I'd like to remind uh or let everyone know that Saturday morning this coming Saturday from 9:30 to 12:30 there'll be a Baxter Creek work day uh we get a chance to go down and learn about the native plants and how they're growing
0:55:16and pick out the non-native plants and get our hands dirty and feel very righteous about it I had my grandsons down there a couple of work parties a day ago and they ages ranging from 9 to 13 they all had a good time doing it so it's a great outing in addition to uh getting a good
0:55:38feeling over it thank you thank you next speaker Chris lean hi my name is Chris Leon from recycl more are also known as the West Contra Costa Integrated Waste Management Authority uh thank you for the opportunity to share some information with you honorable mayor and City
0:56:03Council Members basically I want to encourage all those who are interested to attend our next meeting which is October 8th at 7M at San Pablo City Hall we will be discussing composting options for West County and it could have an effect on garbage and pro garbage and processing
0:56:21collection rates so we encourage the public and all those interested to attend and if for more information please call our number at 215 3125 or visit our website at recycl more.com and there's also event at the city of El seros recycling center this weekend from 9: to 12 they will be
0:56:41taking uh certain household hazardous waste and pharmaceutical thank you thank you for your patience and bringing us that important announcement okay so that concludes the public comment period um item four is a presentation um the city council will approve a proclamation declaring the
The clerk read the three-minute speaker rules for two speakers. Al Miller, of Ashbury (captioned "ashur"), thanked Monica Courts, the recreation department and city staff for the annual golf day at Mira Vista Country Club the previous Monday, raising money for the senior center and the David Hunter memorial fund (as captioned), and noted Councilmember Jones was there; Miller announced a Baxter Creek work day on Saturday from 9:30 to 12:30 to learn about native plants and pull non-native ones, “get our hands dirty and feel very righteous about it”.
Chris Leon (captioned "lean" and "Leon") of RecycleMore (captioned "recycl more"), the West Contra Costa Integrated Waste Management Authority, invited the public to its 8 October meeting at 7 at San Pablo City Hall on composting options for West County, which “could have an effect on garbage” collection and processing rates, and announced household hazardous waste and pharmaceutical collection at the city's recycling center that weekend from 9 to 12.
07 Fall prevention week, and the consent calendar captions 126–138
0:57:03week of September 21st 2009 as fall prevention awareness week and calling on residents and interested groups to observe the week with appropriate activities and to promote awareness of fall prevention I understand there is a are number of um a contingency to receive this um recognition but be would
0:57:25welcome you to come to the podium but I would also like to read from the proclamation because I learned a lot of Statistics from it and I just wanted to share with everyone and the city council's Proclamation states that whereas it is estimated that nearly 15% of contracosta County's estimated 1,
0:57:4325,000 people are 60 years of age or older and that onethird of adults over the age of 60 and 50% of adults over the age of 80 will will fall each year with medical costs of each fall related hospitalization estimated at over $52,000 and whereas Falls are the leading cause of injury and death among
0:58:07people over the age of 60 and the leading cause for doctor's visits Hospital admissions and emergency room visits and in 2006 2152 older adults in contracosta County suffered injuries from a fall great enough to result in hospitalization that's really quite a profound um bit of information and the
0:58:32proclamation goes on but I want to read the closing which is now therefore the city council of the city of El Sero hereby proclaims the week of September 21st 2009 as Falls prevention awareness week in the city of elero and calls upon our residents and interested groups to
0:58:51participate in activities to increase the awareness um and we're really pleased to be able to present the proclamation and if there's any other comments you'd like to make to help educate us further I would really welcome that by myself hi I'm Joanne liba I'm the
0:59:18community outage coordinator for American Medical Response and I'm going to have my esteemed colleagues introduce themselves as well because they're all very important bill whinger with The inhome CARE program of kraa County I'm Laurel zion an elder care coach and
0:59:34trainer my name is Bruce Ingraham I'm the vice president for community relations with Senior Helpers of Berkeley these are just a couple of agencies that make up the Vault prevention Coalition we are made up of 70 different agencies countywide and we're relatively new Coalition uh
0:59:50started I guess a little bit over a year ago now um but we're going strong and I think this is really important issue I know we're all really passionate about it and I think it gets overlooked a lot of times um but it is something that's preventable and that's why we're kind of
1:00:04all coming together to raise awareness about it but to raise awareness from the context of prevention so we thank you so much for your time and we appreciate the proclamation well thank you so much and I will be presenting in a moment but I think um we need to have the vote so if
1:00:17I had a motion for approval of the resolution so moved second all in favor I I oppose motion carry she animous L you're welcome thank [Music] you [Applause] okay we're uh going to take up item five the consent calendar tonight we're considering items 5A through
1:01:205K I would like to move um items 5 a through 5K and with a special um call out to um item uh 5D which is domestic violence Awareness Month uh I think this is a important topic that should not be overlooked and um stand against domestic violent is probably doing is doing great
1:01:46work uh to um to combat domestic violence second all in favor I oppos motion carries unanimously and thank you Mr Lyman for that reminder it's a you very important Proclamation and recognizing also efforts this month to reduce domestic violence um the next item on our agenda
The mayor read from a proclamation declaring the week of 21 September 2009 Fall Prevention Awareness Week: nearly 15 percent of Contra Costa County's estimated "1, 25,000" (as captioned) people are 60 or older; one-third of adults over 60 and 50 percent over 80 will fall each year, with each fall-related hospitalization estimated at over $52,000; falls are the leading cause of injury and death among people over 60; and in 2006, 2,152 older adults in the county were hospitalized from falls. Joanne liba (as captioned), community "outage" (as captioned) coordinator for American Medical Response, introduced colleagues from the in-home care program of the county, an elder care coach and Bruce Ingraham of Senior Helpers of Berkeley; their coalition of 70 agencies countywide, about a year old, stresses that falls are “something that's preventable”. The proclamation was moved, seconded and carried.
Lyman moved the consent calendar, items 5A through 5K, calling out 5D, Domestic Violence Awareness Month, as “a important topic that should not be overlooked”; it was seconded and carried unanimously, the mayor thanking Mr Lyman for the reminder.
Outcome CarriedunanimousFall prevention proclamation approved; consent calendar (5A-5K) adopted unanimously.
08 One abated lot on Contra Costa Drive, and three hours of staff time captions 139–177
1:02:12this evening is a fire hazard abatement and the fire chief is requesting the council adopt a resolution that number one would confirm the cost of abatement of a public nuisance resulting from the presence of weed rubbish litter and flammable materials at 818 contracosta
1:02:30drive and two to Levy the cost of the batement as a special assessment against the property three to file a copy of the resolution with the County Auditors and four authorize the city manager or is designated to take steps necessary to record the abatement cost for the
1:02:48property as identified in exhibits A and B in the resolution in the attached to the staff report um I See Fire Marshall Bond would you like to give the presentation good evening good evening Madame mayor council members Michael Bond the Fire Marshall here tonight to
1:03:05ask approval approval of the resolution seeking the cost recovery for the fire hazard batement of 818 contra cost unfortunately this year we were unable to achieve our goal of 100% voluntary compliance in the vegetation management standards within El Sero we did have to abate 118 or 818 Contra
1:03:26Costa drive and we did that through private contract with the administration or through the administration of the elero fire department uh tonight's hearing is to recover the total cost of 963 for baiting the property these costs include both the private contract and
1:03:45the city administrative costs uh exhibit B is the cost recovery breakdown for completing the abatement and a letter was sent to the property owner the public and uh a public notice was posted informing him of this council meeting and the time it was to start at this time I ask for your
1:04:05support in recovering the cost of the abatement by approving the resolution and thank you for your support and i' be happy to answer any questions you may have at this time are there any questions yeah I had I noticed in your breakdown that you only listed three hours of administrative work was
1:04:22that the time um that you spent after the final notice and then we had to set it up and then bill or is is that for from the start and the finish the time actually worked before that final notice this number is is actually lower than the true time that was committed to this
1:04:44project right uh a lot of the cost before the abatement actually takes place is is a Consolidated effort where we're looking at multiple properties and and doing multiple tasks for many properties at the same time so we just Niche out a little bit of a time for that uh individual property
1:05:04before the actual abatement process starts so that's an you included that as an estimate or are you just it's absorbed in the general administrative uh work for the for the whole city we have a a estimate that we put on uh each time we worked on this property okay so
1:05:23it only took three hours huh that surprised me it it took that little time well again when we're doing Mass uh amounts of work like letters to each of the property owners the letters grafting the letter is is timec consuming in itself but yet it's being mailed out to how many different
1:05:42households and and things like that and when we're out doing the inspections themselves it's not like we're just driving you know going from our office out to this one particular property and and and looking at it walking around it we're looking at many at the same time
1:05:55so the the actual minutes spent on that property early on is is actually small I guess what I'm getting at though um when a when a property owner doesn't comply correct and as it's stated in the in the uh agenda bill here in your report was that um you went over and above to try
1:06:14to satisfy uh to try to get the owner basically to comply before we went through all this correct yes there's the time taken to uh contact the abatement people sign the contract you had to go out and tell them what you needed survey the work certify the work process the
1:06:36billing uh and I was just surprised that just took three hours to be quite honest with you and and so should we be bumping this up an hour or two I had to be very honest with you I was being relatively nice to this uh property owner with with the time frame I I've got an actual breakdown of the
1:06:55time just a rough estimate that uh come up with the actual figures for the administration administrative cost and that was like 10 minutes for the first inspection 10 minutes for identifying the property and so forth and so on the big time comes uh here council meeting
1:07:13how much time is committed to this meeting plus the previous meetings uh worksite supervision we're actually there with the contractors and stuff for an hour while they're while they're doing their work and then uh the time to to actually be out in the county to record the lean on
1:07:31the property and stuff like that is just an estimate that I've I've uh allowed for one hour of time to to do that that may not be realistic it may be understating but uh okay well I I'll support this now but um in the future uh I'd like to see us get the true cost
1:07:50because it's I know you've gone over and above and I know you spent a lot of time on it and and that's what we try to do as a department and as a city is try to work with people not to throw down the hammer and have to come you know come in a public meeting and say you know this
1:08:07this this property didn't comply I and so uh uh hopefully in the future we don't have to worry about it but if we do I maybe we could catch a little more of the true cost I'd appreciate it I will to to achieve that appreciate though your your patience in this so yeah I want to just commend you
1:08:29on the hard work that you have put in on this program I know that you brought us the list of over 100 Parcels in May and it was maybe 25 Parcels at the end of June and to have only one that needed an abatement uh action on it uh is is really a testimony to your commitment to
1:08:45working with our residents to um have them comply so I really want to acknowledge the hard work that you've put in personally uh to make sure that there's only one that we actually have an abatement uh action on well thank you we were believe it or not a little disappointed that we
1:09:02actually had to go out and aate one it's our goal to have 100% voluntary compliance and uh strive to achieve that next year as well so the procedure calls for us to hold a public hearing and that means that anyone here who would like to speak on the item may do so if you have
1:09:16not filled out a peer speaker slip but you would like to speak please fill out the slip and submit it to the clerk each person will be limited to three minutes to present their comments and um I will now seek a motion to open the public hearing I move to open the public
1:09:35hearing second okay um all in favor I so the public hearing is open are there any speakers no speaker Subs mayor okay well then I must seek a motion to close the public hearing I I will move to close the public hearing on uh the matter of 818 Contra Costa Drive
1:09:57second okay all in favor I I um are there any comments or questions or further discussion on the item well just do we want to uh add any more time to it or should we just leave it as it is for now the the cost the total cost I I um actually would it like to Echo council
1:10:20member Jones's uh words in that um if there was voluntary compliance by all of these Property Owners um we wouldn't be incurring the cost and that as um Property Owners hold out and don't necessarily comply uh we're experiencing more and more cost and uh it it's those
1:10:42recal Trent property owners that should be carrying the burden of us getting to this point so I I actually Echo council member Jones thoughts that uh they should be carrying some of the a proportion in maybe a larger proportion than than is necessary of the cost uh to
1:11:01get to this point I have a question for staff was there no communication with this property owner or were there any um explanations provided we were unable to contact this uh property owner through uh using the the tools and resources we have uh through the county assessor's
1:11:21office the Metro scan that we have that identifies property owners and plus the gis system that we have now that identifies Property Owners their current address uh telephone books as well as knocking on the doors on multiple occasions we were unable to contact the
1:11:36property owner and it appears that the property was actually abandoned sounds like more than three and a half hours to me I just doing that had to uh yeah um I'm going to ask for some input from legal counsel because I'm concerned exhibit a documents the amount of time we've estimated and
1:11:56expended to Abate the hazard and now we're being asked to confirm that so if we could get comment in in the event that um this were challenged later on after it was on the property tax rooll and and either paid or challenged through that we'd want to be able to um
1:12:11demonstrate that the amount that was put onto the tax roll was actually um justified by documentation by staff and while I agreed that it may well be the case that that your staff spent more than three and a half hours administer this since Commander Regan doesn't have
1:12:26available to him right now um what might be a more accurate reflection of the total time involved I would suggest that in this instance you um confirm the three and a half hours of administrative time um with direction to to you know more fully capture all the time in the
1:12:41future or to continue the matter um until Commander Regan can come back with a with with a calculation that may reflect the the complete amount of time involved okay I always call him Captain Bond but I know he's been promoted I'm sorry for qu I do apologize but we appreciate the
1:13:01input and I agree that I think that we are ready to take this up and we could um give the clear direction that in the future we try to recapture the full cost so we appreciate the work we are all disappointed that we have one that wasn't able to comply and um hopefully
1:13:17in the year ahead we can address this abandoned property so we won't be in the same situation next year I move to adopt a resolution one confirming the cost of the abatement in public nuisance conditions resulting from the presence of weed rubbish litter or other flammable material on 818
1:13:35Contra Costa drive to Levy the costs of abatement as a special assessment against this property three file a certified copy of our resolution with the county auditor onor before October 9th 2009 and for authorized the city manager or his design to take steps necessary to record the abatement cost
1:13:59for the property as identified in exhibits A and B to this resolution with the County Recorder as a lean against the property as provided for in Els Municipal Code chapter 6.26 second it's been moved and seconded any discussion all in favor I I oppose motion carries thank you so
The fire chief asked the Council to confirm the cost of abating weeds, rubbish and flammable materials at 818 Contra Costa Drive and levy it as a special assessment. Fire Marshal Michael Bond said that this year the department was unable to reach its goal of 100 percent voluntary compliance with vegetation management standards and had abated the property through a private contract, at a total cost of $963 including administrative costs; the owner was sent a letter and a public notice was posted.
Jones questioned listing only three hours of administrative work. Bond said the true time was higher, since inspections and letters cover many properties at once; Bond's rough breakdown ran from 10 minutes for the first inspection to an hour of worksite supervision and an hour to record the lien, and “I was being relatively nice to this uh property owner”. Jones would support it now but, “in the future uh I'd like to see us get the true cost”. A member commended Bond: from over 100 parcels in May and maybe 25 at the end of June, only one needed abatement; Bond said staff were “a little disappointed” to abate even one.
The public hearing was opened and closed with no speaker slips. A member echoed Jones that property owners who hold out should carry the burden, perhaps a larger proportion of the cost. Asked about contact with the owner, Bond said staff had used county assessor records, Metro scan (as captioned), the GIS system, phone books and repeated door knocking without success, and “it appears that the property was actually abandoned”; a member remarked that it “sounds like more than three and a half hours”. Asked for input, legal counsel noted that the amount placed on the tax roll should be justified by staff documentation, and suggested confirming the three and a half hours with direction to capture all time in future, or continuing the item until "Commander Regan" (as captioned) could calculate the full time. The mayor (“I always call him Captain Bond but I know he's been promoted”) favored acting with that direction. The resolution, filing with the county auditor on or before 9 October 2009 and recording a lien under municipal code chapter 6.26, was moved, seconded and carried.
Outcome CarriedAbatement cost for 818 Contra Costa Drive confirmed and levied, with direction to capture full staff time in future.
09 A new ADA transition plan, and a court settlement the next day captions 178–212
1:14:25much um tonight we have two policy matters the first one the city council will take up is a resolution adopting the city of El Sero Americans with Disability Act transition plan and we have a staff report good evening council members my name is IET Ortiz engineering manager
1:14:45with the public works department tonight staff is requesting that Council adopt the city of elero Americans with Disability Act Ada transition plan dated August 2009 excuse me this Ada transition plan supersedes the plan adopted in 1993 title two of the Ada requires that
1:15:08local that a local government give people with disabilities an equal opportunity to benefit from all of their programs services and activities such as employment Transportation Recreation and city meetings a local government must make reasonable modifications where necessary
1:15:26to avoid discrimination unless they can demonstrate that doing so would fundamentally alter the nature of the program this requirement is called program accessibility if a local government with 50 or more employees decides to make physical changes to achieve program
1:15:43accessibility it must develop a transition plan that establishes the steps necessary to make those changes the transition plan must evaluate physical obstacles describe detailed methods for their mitigation specify a mitigation schedule and indicate the official responsible for
1:16:03implementation in 1993 the city council passed a resolution adopting an ADA transition plan for city-owned facilities uh but in 2004 the city hired Sally Swanson Architects to develop an update to the plan the purpose of the 2009 plan the one that you have as an
1:16:21attachment is to comply with the most current standards for accessibility and address not only city-owned buildings and Parks but also major pedestrian routes in the public right away the public was given an opportunity to review the draft transition plan on the city's website beginning in early
1:16:38June of this year and at a public Workshop held here at the city hall uh city council chambers on June 18th and as well at as at the city Hall's public counter in June and July written and oral comments received by July 24th were incorporated into the final plan that you see before you and
1:16:58they will be considered during the implementation of the plan recognizing that the city has limited funds and most and cannot immediately make all city-owned facilities and pedestrian routes fully accessible facilities streets leading to those facilities and barrier types were
1:17:15prioritized the most severe physical barriers at the highest priority facilities including the community center public safety building and Senior Center have been scheduled for removal within the next few years the city can change priorities and schedules in order to allow flexibility
1:17:34accommodating requests from um persons with disabilities requests from the general public changes in City programs and funding availability the Ada transition plan designates the city engineer as the official responsible for the oversight of the plan's implementation the city engineer is is
1:17:53responsible for modifying the plan as barriers are removed or changes are made to the plan in terms of priorities or schedules following adoption of the Ada transition plan by city council a copy of the plan must be made available to the public for at least 3 years and we
1:18:07plan on making that plan available at the city library and at City Hall I can answer any questions you may have great thank you any questions first of all I would like to thank you for all of the hard work that you have on this plan and what I know is extensive Outreach to the public um and
1:18:29I know that sometimes it's kind of a needle in a Hast stack trying to figure out how to locate members of the public who are interested in this particular topic so I would like to thank um thank everybody involved and I'm not totally sure who that is but I know bet that
1:18:47you're one of those people so I'd like to thank you a lot for the work in jurry and I appreciate the opportunity to sit down with you personally and go over a lot of this stuff because this is an area that I'm especially interested in um I just have one actual question and
1:19:02that has to do with uh the priority that's being given to individual requests and what my question is assuming um that this goes into effect and um people start coming up with their individual request um last time I looked which actually has been quite a while I
1:19:23believe there's so already something on our website where people can put in that request is that correct is it still there that's correct we have that and we also um we have a list of requests that we've received in over the past several years okay and so what I'm wondering now
1:19:37is um and that's an ongoing process as people move around and do various different activities in their lives um how long might one expect to have to wait to actually have a request fulfilled well let me um first talk about the the public right away um and what we have uh what our plan is is to
1:19:58form an ADA working group to help us um kind of sort through the requests that we do get and and prioritize those requests I mean they they receive the highest request uh I mean priority um above anything that you see on this list and but based on the number of requests
1:20:15that we have we have to prioritize those as well so we'll we'll have to form a a working group and then we do have uh a CIP budget for the public RightWay of $355,000 this year so there is funding available to implement Implement some of the requests um cost for curb ramps can be
1:20:35you know it depends can be 3,000 so would all of literally all of those requests go before anything else is that how that would work that would that's how it would work and then we would work our the rest of the schedule so how for example if someone walks in tomorrow Within new request how long
1:20:54might they wait do you think given what you know about the ones that have already been submitted yeah I I couldn't tell you right now how long some I mean is it years months a couple of years I think we have a backlog of of at least 10 locations and each location could have four curb
1:21:15ramps and um it can get you know it can build up to $20,000 per intersection so and we only have 35 000 per year so you can see how um it might take a while to to get to a request now having said that one one thing on the that that sounds rather gloomy on the positive note yes
1:21:35on the positive note uh under our uh major a program how much have we spend on curb ramps do we know and we've installed over 300 curb ramps in the last couple years so we have made um significant steps in the right direction and the information here is after that program right correct
1:21:57thank you thank you any other questions yes uh you mentioned that the this this is part of the U approval of the settlement that was coming and the superior court is supposed to rule on that tomorrow is that still on schedule can yeah yes the hearing on the proposed settlement is still scheduled
1:22:20for tomorrow okay and and any feeling on how this is going to go um I there short answer no um I I will not be surprised given um the complexity of the issues and um the number of comments that we know were received by the court from people um commenting on the proposed
1:22:39settlement that the judge will likely make some modifications but I don't know what what the nature of those will be um or what impact they'd have on this um as the the staff report makes clear the the the cities obligation to have an updated um transition plan is totally separate
1:22:56from um settlement of the vau case um C there's a certain degree of overlap between the two but the transition plan really stands on its own and and um is implementing the Ada separate from from anything that comes out of that the settlement of that case thank you okay so just for clarity our action
1:23:15tonight has no bearing on tomorrow's proceedings then no none whatsoever takes care of yes um if we're ready for a motion I would be pleased to make a motion oh I'm sorry no that's okay I just want to make a comment a after when you're ready sure do you want me you
1:23:36want to do it before I make the motion or after not necessarily go ahead and make a motion um well I would like to make a motion adopting a resolution adopting the city of elero Americans with Disabilities Act transition plan which supersedes resolution number 93 3-7 including the
1:23:54plan adopted in 1993 the second second all in favor I I I oh Sor I can make it after if you want go ahead go ahead yeah are there any public comments on this item oh yes no sorry thank you um hearing that we have a vote and the motion carries but Bill Jones is going to make a concluding
1:24:21remark okay all I wanted to point out was um we're talking about a settlement as part of this the the settlement in of the Court um of a court case came up it was a class action suit and there is a question about whether El in my in my mind and I think in the mind of others
1:24:40whether Elso was indeed in violation but as it turns out since we're part of the class and part of the group it was probably less expensive for us to go along with the plan than than uh to try to fight it um but I just in that case I just wanted to point out that Elso has
1:24:58always been in my opinion diligent with its plan and tried to carry out the existing plan it had before um when it could and that the street repair program included the the 300 curb Cuts before this this case came up so I just want to uh say that I I I'm proud to say that
1:25:20the city has uh has in my opinion uh reacted favorably in the past and uh will continue will continue um to act in a responsible Manner and with that uh the tax the street repair tax it greatly accelerated that commitment so I I just wanted to say that well thank you Mr Jon
Engineering manager Yvetteh Ortiz (captioned "IET Ortiz") presented the city's Americans with Disabilities Act transition plan dated August 2009, superseding the 1993 plan. Title II requires program accessibility, and a local government with 50 or more employees making physical changes must have a transition plan evaluating obstacles, methods, a schedule and the responsible official. Sally Swanson Architects was hired in 2004 to update the plan, which now covers city buildings, parks and major pedestrian routes in the public right of way; the draft was available online from early June, at a workshop on 18 June and at the public counter, with comments received by 24 July incorporated. With limited funds, the most severe barriers at the highest priority facilities (the community center, public safety building and senior center) are scheduled for removal within the next few years; the city engineer oversees the plan, which will be kept at the library and City Hall for at least 3 years.
A member thanked Ortiz and Jerry for extensive outreach and asked how long an individual request might wait. Ortiz said an ADA working group would prioritize requests, which take priority over the list; the public right of way CIP budget is $355,000 this year (as captioned), curb ramps can be 3,000, and with a backlog of at least 10 locations of up to four ramps each, up to $20,000 per intersection, “and we only have 35 000 per year” (as captioned), so it might take a while; on a positive note, over 300 curb ramps had been installed in the last couple of years under the "major a" (as captioned) program. Asked about the court hearing on a proposed settlement the next day, legal counsel said “short answer no” on predicting it, expected the judge would likely make some modifications given the comments received, and said the transition plan stands on its own, separate from the settlement of the "vau" (as captioned) case; the night's action had “none whatsoever” bearing on it.
A resolution adopting the plan and superseding resolution "93 3-7" (as captioned) was moved, seconded and carried, with no public comment. Jones added that the class action left a question “in my mind and I think in the mind of others” whether El Cerrito was in violation, but as part of the class it was probably less expensive to go along than to fight; the city had been, in Jones's opinion, diligent, with the street repair program's 300 curb cuts predating the case, and “the street repair tax it greatly accelerated that commitment”.
Outcome CarriedADA transition plan adopted.
10 Joining the redevelopment lawsuit against the state captions 213–243
1:25:44that provides context for that item and thank you for the staff report thank you the next item item 7B is a resolution regarding litigation of the California Redevelopment Association and the California Redevelopment agencies against the state of California for taking of property tax funds and um
1:26:05Lori trino has a staff report good evening mayor Potter and council members I'm Lori trino Redevelopment manager and this e this evening staff is requesting the board to authorize the agency to serve as a plaintiff along with other Redevelopment agencies in litigation that's planned by
1:26:21the California Redevelopment Association against the state of California to challenge um their taking of $2 billion in property tax funds uh from local agencies um this is sometimes referred to as um it's the educational educational Revenue augmentation fund sometimes referred to as
1:26:39eraf um under this um proposed shift El Sero stands to lose more than $2 million over the next two years CRA is seeking plaintiffs to join in a challenge of the constitutionality of this ER shift as you may recall CRA successfully blocked a 2008 proposed ER shift and while the
1:26:59state claims that this year's budget legislation fixes the issues that were raised by the Superior Court in 2008 CRA believes that the supplemental ER shift is also unconstitutional on the same grounds as the prior ER shift there are some uh criteria that CRA is using to select Plains which are
1:27:18outlined in the staff report and um our agent Council Karen Tedman has suggested that this agency may meet those criteria we are in the process of completing a questionnaire from CRA to help in their selection uh process which is com going to be completed over the next week or so
1:27:35so if this agency is selected to be a plan if it would not require um us to share in the litigation expenses though there may be some indirect or limited uh staff and attorney time to help with coordinating with CRA and if you have any questions agency Council Karen tman
1:27:50and I are here too answer those thank you any questions sure I've got I've got one um at one point it was uh stated that if you didn't participate in this lawsuit you wouldn't necessarily benefit from the uh the the case the resulting case findings I was just curious if that um
1:28:14is a good enough incentive for us to participate um I personally think that it it probably isn't relevant but Karen have you heard anything different on that piece of the legislation um in terms of the legislation there's a lot of belief in the legal community that that provision
1:28:36of legislation which says if you're not a party to the litigation it's not binding or it doesn't have any impact on you it's probably not constitutional but there's always a risk that somebody will uphold it so being a plaintive might be better than not thank you
1:28:54I just wanted to say that um I support the Califoria Redevelopment Association and I think from um a moral standpoint that it is the right thing to do to join in this litigation um on this unfair takeaway from local government so I strongly support this item time for comment or you were you
1:29:16going to take there is there anyone who's interested in speaking on this comment no I'm in this item I had some comment um at at the league of California City's conference last week that U mayor protim ablon and I attended uh one of the sessions I went to uh by
1:29:34the way was a packed house uh every part of the state was there um was to was the one by the California Redevelopment agency and reviewing um their their take on the issue to date as well as plans to go forward with with the law suit and I I think it should be noted and we talked
1:29:55about this it came up last meeting that Redevelopment was passed by a vote of the people in 1952 it it was not a legislative action um and I find it ironic that now the legisl legislators decide that they can take away money that was voted on by a vote of the people in
1:30:201952 um and the wedge it it came out in this convention there seems to be people intent on making a wedge between Redevelopment and local schools and I just want to point out that this is not a vote against the schools this lawsuit is not a a vote against the schools in
1:30:41fact it is the state's responsibility to fund the schools it is the state's responsibility not the local not not local government not local residents not the county it is the state and in my opinion there's been a deliberate and systematic plan the last 15 to 20 years
1:31:03to shift the burden of funding from uh from the state to the local governments that's why we've passed several uh Bond issues for both operations and Capital Improvements that's why you have people like the city of penol uh reaching into their pocket to support schools and and
1:31:27and administrators and and uh police and things of that sort that's why you have San Pablo city of San Pablo and City of Richmond who had voted earlier before this came up to support some schools but I I think it's now time that we place the burden of funding schools back on
1:31:49the state and that's exactly what they're trying to do they're trying to what their plan is to take Redevelopment money and backfill schools and they try to tell you that it's only for schools and and uh students that are in Redevelopment areas which is counterproductive because many cities as
1:32:08was pointed out in this conference um many cities don't have schools in the Redevelopment area so the question came up how are you going to take money give it to the schools that when they don't have schools in in the Redevelopment area so you know it it's it those are some of the arguments that
1:32:29came up and um I don't think to this point we have a delay at least for this year I I did have a question about if the handling project would be affected by this I don't think so no I'm getting okay I would like to add in closing though that I'd like to add another um
1:32:47be it further resolved and I'd just like to say be it further resolved that the agency board directs agency staff to notify its state its immediate state representatives and senators in its jurisdiction and adjacent jurisdictions as well as Federal Congressional and
1:33:04senatorial representatives of this resolution by the elero Redevelopment agency I I want them especially those who voted to do this to the cities to know that uh we're in full compliance um in in the lawsuit I I think it's some of the and luckily we don't have to put up money because I I
1:33:25think it's uh I I don't know a bigger waste of money than one public agency suing another but sometimes it has to happen and I think that's one of these times so thank you any objections to the added language if Mr Jones would read it one more time please uh be it further resolved that
1:33:46the agency board direct uh agency staff to notify its immediate state representatives and senators in its jurisdiction and adjacent jurisdiction as well as Federal Congressional and senatorial representatives of this resolution by the Elso Redevelopment agency and we can
1:34:07clean up if if we want to editorialize it that's fine but that's the gist of it and that intent of that all I'm saying is we send the notice to the state and federal our state and federal Representatives yeah I I'm sorry I missed it again are you because all we're doing is a or asking to be um
1:34:25considered a a candidate we won't necessarily know if we're parted to the lawsuit um so I just wanted to make sure you had the right verb in there no we're uh we vote here we're we're joining the effort we're joining the effort to is that true actually CRA is going to select
1:34:45plaintiffs so we're not necessarily but I certainly don't think it harms us to let people no no I'm not I'm I'm not saying that we shouldn't let them know but I think the wording you said is that we are you know participating in the lawsuit I think we can support it um or
1:35:01we can um you know acknow have them know that we would like to be a plaintiff but we won't know if we're a plaintiff when we pass this uh resolution tonight well the resolution says resolution of the elero Redevelopment a uh Redevelopment board agency board authorizing the
1:35:19agency to enter into litigation against the state of California yeah maybe we can use that language in the your Clause all be consistent yes please okay so we uh do we have a motion this resolution as amended I move that we include the forgoing U or the the additional be
1:35:48therefore resolved that was read into the record a second is there a second I'll second it's been moved and seconded all in favor I opposed motion carries unanimously with the resolution as amended okay we're now ready for Council assignment and liaison reports and we if
Redevelopment Manager Lori Trevino (captioned "trino") asked the agency board to authorize serving as a plaintiff in the California Redevelopment Association's planned suit challenging the state's taking of $2 billion in property tax funds through the educational revenue augmentation fund (ERAF), under which El Cerrito stands to lose more than $2 million over the next two years. CRA had blocked a 2008 shift and believes the new one is unconstitutional on the same grounds; agency counsel Karen Tiedeman (captioned "Tedman") had suggested the agency may meet CRA's plaintiff criteria, and a plaintiff would not share litigation expenses. Asked whether a provision denying benefits to non-parties mattered, Tiedeman said many in the legal community believe it is “probably not constitutional but there's always a risk that somebody will uphold it”. A member supported joining, “from a moral standpoint”, against an unfair takeaway from local government. There were no public speakers.
Jones, who attended a packed CRA session at the League conference with Mayor Pro Tem Abelson (captioned "ablon"), said redevelopment was passed by a vote of the people in 1952, as came up at the last meeting, and “this lawsuit is not a a vote against the schools”: “it is the state's responsibility to fund the schools”, and in Jones's opinion there had been a deliberate plan over 15 to 20 years to shift that burden to local governments, citing "penol" (as captioned), San Pablo and Richmond supporting schools, and noting many cities have no schools in their redevelopment areas. Jones added a further resolved clause directing staff to notify state legislators in and next to its jurisdiction and federal representatives, saying “I don't know a bigger waste of money than one public agency suing another but sometimes it has to happen”. A member noted CRA selects the plaintiffs, so the wording should follow the resolution's own language authorizing the agency to enter into litigation. The resolution as amended was moved, seconded and carried unanimously.
Outcome CarriedunanimousAgency authorized to join the CRA litigation, with an added clause to notify state and federal representatives; carried unanimously.
11 Liaison reports: reserves, to-go containers, the sports fields and Willie Brown captions 244–269
1:36:11Mr linman is ready we can start on my left I am ready uh crime PR crime prevention committee met on September 9th um and and uh it as I read before U they will be at the tri safety day on Saturday September 26th 11: to3 at the Els Sero Plaza and they are still very
1:36:34pleased with their um the National Night Out success and they submitted uh a report to the National KN out headquarters that was in all of our packets um so hopefully you had a chance to look at that um the financial Advisory Board met on September 8 and I have two items to report out on that uh
1:36:55one is regarding the reserve fund policy um The Reserve fund policy at our request they are working on that and currently they're schedule for delivering that to us is uh hopefully December that's their goal but no later than January um and it will be part of our overall approval of um our our
1:37:15policies investment policies um additionally the Fab has concerns regarding ing the long range financial planning of the city in light of the potential significant fluctuations in the pers contri contribution rates um some cities have been looking at and adopting Alternatives the Fab
1:37:36wants the council to be aware of their concerns about the potential impact on long-range financial planning um and wants the council to know that there are alternatives that other cities are exploring or adopting um and so if the council would like to know more the city manager could arrange
1:37:56either a working session or a presentation at a future meeting about the Alternatives thank you thank you the um Environmental Quality committee met and two of its subcommittees met this month um they've been um working very hard on a variety of topics um one of them is the um
1:38:19environmental showcase that I told told you about with the tree planting and um one of the Committees of the um subcommittees of the Environmental Quality committee has been working on introducing a to go food container for use in restaurants rather than the styrofoam uh the concept is that you
1:38:41would have your own container that you would take to the restaurant and then if you wanted to take some of the the food home you would put it in that container which would be a Reus usable container so um in line with that and in line with what I said earlier about the October
1:38:5817th event uh they will be giving out to the first 100 attendees who come to the event uh at noon from noon to two that part of it here at the City Hall Plaza they will get their own free uh reusable to go container um so come come early um and um in addition to working on that
1:39:22event another committee is working on a climate protection plan you may remember that the city council a while back asked um for the um staff to you know produce a climate protection plan um as well as goals and so this subcommittee is now working on that along with um uh some
1:39:45very um outstanding work to be done by staff so um moving on to another committee um the committee on Aging H if you remember has decided to every other meeting have a um a movie or a lecture or something and this month they had um the movie um An Inconvenient Truth the Al
1:40:11Gore movie on uh the climate and um that was held in this room um this room turns out to be a very good space espec you turn sideways and have the uh projector come or the screen rather come down over on the to my right and uh it really it works out really well as a movie theater
1:40:36uh for for small showings um in addition I went to uh the meeting of the East Bay division of the league of California cities which was held actually at the uh State Convention and um at that convention we elected officers for the upcoming year and I was uh reelected to the position
1:40:59of um um contracosta representative on the board of directors of the East Bay Division and so I will be once again representing us at that way and um that's all I have to report right now great thank you and congratulations on your appointment with the league Mr
1:41:19Jones yes just just one um the Tom Bates Regional uh Sports field joint Powers uh Authority has met uh we're trying to figure out uh summary uh is that we're trying to figure out how to fund the last part of the project um we still need to add uh softball fields and baseball fields down
1:41:44there and as part of the as part of the plan that was approved and um it looks like they may be coming back to the cities to try to get more money on that I'll keep you posted Mr Lyman and I will keep you posted on that uh as Greg is also part of the jpa representing uh you
1:42:07Sports I will say though that uh we've been open a year uh and tomorrow they'll be releasing a a press release uh commemorating the year and it has been successful uh we can report that that the operations is paying for the field the operation of the field uh through
1:42:25user fees plus uh satisfying even in the first year uh uh satisfi the requirement from the East Bay Regional Park that we start putting away a special fund to replace the artificial turf when it wears out so it has been highly from a financial standpoint uh it's been very
1:42:46successful from a user standpoint it has been tremendous young old uh different sports we got uh Ultimate Frisbee we've got all kinds of stuff going on besides the soccer that you see going on day and night there so um it has been an exciting and successful first year and we hope to keep it going
1:43:06great thank you thank you um there's been no meeting of the economic development board to report but there is on October 25th the homebased business expo the first of its kind in Elso um pretty interesting in that when you look at our Transportation uh patterns the number of
1:43:26people who are working at home have I think doubled in the last two years and so it's it's a growing demographic and getting people connected and networked um is the the goal of the program um the design review board unfortunately missed that meeting due to conflicts but um
1:43:46there the s paabo Avenue specific plan is moving forward through the various commissions and there is a schedule um unfortunately I don't have it with me but the design review board I believe Thursday night is looking at the design components um design guideline
1:44:03components of the plan and we'll make it through the Planning Commission and um I believe coming back to Council in January so it's all moving forward thank you um I want to report that on September 3rd myself and three members of the council attended the mayor's
1:44:20conference and it was in San Ramone we had the opportunity to hear Willie Brown and he spoke to us about the changes that have occurred in the state legislature since the implementation of term limits and he talked about his his thoughts about some of the necessary reforms in the state of
1:44:36California it was a very interesting talk and it was a real special privilege to be able to hear from Mr Brown and all his incredible experience and knowledge in politics in California the next mayor's conference will be October October 1st in Oakley and I will be
1:44:53attending and I just wanted to remind everyone again via the arts and culture commission that California Arts day will be on October 2nd and there'll be numerous events in the city of elero um celebrating the Arts throughout October and I'll report further at our next
Lyman reported that the crime prevention committee met on 9 September and was pleased with National Night Out; and that the Financial Advisory Board met on 8 September, would deliver the reserve fund policy hopefully in December and no later than January, and had concerns about possible significant fluctuations in PERS (captioned "pers") contribution rates for long-range planning, with the city manager able to arrange a working session on alternatives other cities are adopting. Another member reported that an Environmental Quality Committee subcommittee was promoting reusable to-go containers in place of styrofoam, to be given free to the first 100 attendees at the 17 October event from noon to two, and another was working on the climate protection plan; the committee on aging had shown An Inconvenient Truth in the chamber; and the member had been reelected Contra Costa representative on the board of the League's East Bay division.
Jones said the Tom Bates Regional Sports Field joint powers authority, on which Lyman also sits, was working out how to fund softball and baseball fields and may come back to the cities for money; after a year open, operations were paid by user fees, with a fund started for replacing the artificial turf. A member announced the home-based business expo on 25 October, “the first of its kind”, noting the number of people working at home had “I think doubled in the last two years”, and said the San Pablo Avenue specific plan's design guidelines go to the design review board Thursday, “I believe”, and back to the Council in January. The mayor reported that the mayor and three members attended the 3 September mayors' conference in San Ramon (captioned "San Ramone"), where Willie Brown spoke on term limits and needed reforms; the next was 1 October in Oakley.
12 A closed session on the Target site captions 270–273
1:45:10meeting so if there are no other comments it's time to adjourn the concurrent city council Redevelopment agency meeting good okay and I'd like to convene the special Redevelopment agency meeting um we will be meeting in close session for the purpose uh pursuant to
1:45:33government code section 5495 6.8 uh property negotiations uh the negotiating parties are Target Corporation and Safeway Corporation Blake hunt Ventures and Center Street housing L Enterprises and Roger Snell the reason is price in terms of payment um just want to uh add to
1:45:58that that uh we're as many of you that have been following this issue know uh we're coming down uh to a point where the agency uh in all likelihood will be making a a decision on this and uh quite possibly it will be in October so um the issue is coming um to a possible
1:46:21conclusion here fairly soon thank you and uh yes at this time I'd like to take uh oral communication from the public I have no speaker slips okay then I'd like to uh close this session and recess into close session of the agency Bo thank you
The concurrent meeting adjourned and a special Redevelopment Agency meeting convened to recess into closed session under government code section 54956.8 on property negotiations with Target Corporation and Safeway, Blake Hunt Ventures and Center Street Housing, L Enterprises (as captioned) and Roger Snell, on price and terms of payment. The presiding officer added that the agency would “in all likelihood” be making a decision, “quite possibly it will be in October”. There were no speaker slips.