City Council Meeting May 3, 2010

El Cerrito City Council Chamber · 1 hour 23 minutes · adjourned about 8:53 p.m. · 252 caption units

Council: Abelson, Mayor · Ann Chang, Mayor Pro Tem · Bill Jones · Greg Lyman · Potter (absent)

Staff: Michael Bond, Battalion Chief and Fire Marshal · Dwayne Dalman (as captioned), Economic Development Project Manager · Maria Sanders, Environmental Services Analyst · Garth Schultz, Environmental Analyst

Presenters: Jeff Hall, Contra Costa Small Business Development Center · Mike Marcus, Renewable Funding · Mark Fagoney (as captioned), East Bay Sanitary

Four speakers ask the Council to help keep the senior centers at Christ Lutheran and St. John's open, and the Council hears from graduates of what staff called the city's first New Venture training business class and from Renewable Funding on PACE financing, in which owners repay energy upgrades through their property tax bill, with a fee of up to 12,500 (as captioned) to join.

The Council then introduces an update to the solid waste ordinance ahead of a July food scraps program, with a grace period and notice before collection stops for nonpayment, and members report on a county vehicle fee, the Gilman sports fields and a jury-duty phone scam. Councilmember Potter is absent.

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SSignificantMMissing contextXCross-referenceCouncil action (in Contents)

Contents

12 sections
  1. 01A bike rodeo, a bike-in movie and weed season
  2. 02Seniors ask the city to keep their centers openSX
  3. 03More seniors, and why the school district's adult funding is shrinkingM
  4. 04New Venture training: a business planning class comes to El Cerrito
  5. 05Three graduates, and the Home Improvement Expo
  6. 06PACE financing: how California First would work
  7. 07PACE: the city's role, the fee and a delayed launchX
  8. 08Council questions: profit, fraud, staff time and prevailing wageM
  9. 09Consent calendar, and the solid waste ordinance update
  10. 10Stopping service for nonpayment
  11. 11Jones's questions, and the ordinance introduced
  12. 12Liaison reports: a vehicle fee, the Gilman fields and a jury scamX

01 A bike rodeo, a bike-in movie and weed season captions 1–15

0:00:11good evening everyone this is welcome to the meeting of the El Cerrito City Council and we will begin with a announcement out of our closed session we just held a closed session on labor negotiations and we gave direction to our negotiators no decision was reached on anything

0:00:39um so at this point um we'll have roll call please councilmember Jones councilmember Lyman here councilmember Potter is absent mayor Pro tem Chang here I'm mayor Abelson here thank you and now we'll move on to pledge of allegiance to the flag led by council member Lyman

0:01:02to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all foreign on the agenda is Council and staff Communications are there any council member Communications yes I'd like to remind everyone about

0:01:35May 22nd it's our bicycle Rodeo event at St John's School which is the 1500 Block of Kearney and that's accessible from both the the Ohlone Trail as well as Kearney and it's from 11 A.M to 3 P.M Saturday May 22nd celebrating bicycles I announced that next Wednesday we're

0:02:06doing our first ever bike in movie night at the Cerritos theater 9 50 for adults and two dollars off for seniors but there's going to be free valet parking provided by the East Bay Bike Coalition our great staff at um the city helped make this happen and following the next morning from 7 to 9

0:02:24A.M at the El Cerrito Plaza wave bike lockers there's going to be a city or official Energizer station will there there will be prizes and giveaways and encourage everybody to dust off their bikes and enjoy a great commute from wherever they live council member I just want to clarify

0:02:44the free Valley parking is for bicycles yes for bicycles right and I just also wanted to highlight that our amazing staff um the Green Team of the staff is is doing a no carb month-long May challenge which is the only city in Contra Costa County that has decided to do this

0:03:04they're blazing a path for the other Contra Costa cities to to follow um I would like to announce that I attended the a bag General Session on April the 22nd and the theme of the meeting was a climate sustainability and SB 375 so we had a number of presentations on that talk it was a very

0:03:31good session well attended and they emphasized inviting other groups to attend this time and so there are a lot of people there okay are there any staff Communications or announcements okay thank you madam mayor council members Michael Bond a shift Battalion Chief and

0:03:57the fire marshal I'd like to uh talk to you just for a moment tonight about the nice green vegetation that we have growing about the hillsides which is abundant this year back up to normal rainfall a little bit above and the grasses and unfortunately the weeds have decided to

0:04:14take off so we're going to begin our annual vegetation management standards inspections the middle of the month here notice you should be going out at the end of the month for people that are non-compliance and begin the abatement process from that point on this year we have a new fire prevention

0:04:36officer Miss Terry Pace Captain Terry Pace she will be the one doing the inspections with myself and uh hopefully uh we'll have a hundred percent compliance again this year and with that I'd like to answer any questions you may have all right so I guess I have one question

0:04:54and it's it's primarily for the benefit of our audience is um what would constitute a hazard in somebody's yard or on an empty field okay that's a very good question uh for the for the people that are unaware of it things that we're going to be looking for are trees and shrubberies over the chimneys

0:05:18or over any heat releasing appliance that may be coming out of the roof dense thick vegetation that is not being maintained that has dead and dying brush and shrubs in it as well as trees that have dead and dying branches in it it could be that you have got it got carried away in the in the

0:05:37spring with your pruning and trimming and created stacks of vegetation that has now become quite vulnerable and able to ignite and cause the houses and stuff to ignite that in dead and dry grasses that have not been cut down thank you okay with that we will move on to the

Mayor Abelson opened by reporting a closed session on labor negotiations: the Council gave direction to its negotiators and “no decision was reached on anything.” At roll call Councilmembers Jones and Lyman and Mayor Pro Tem Chang were present and Councilmember Potter was absent; Councilmember Lyman led the pledge.

In Council communications a councilmember announced a bicycle rodeo on Saturday, May 22 from 11 a.m. to 3 p.m. at St. John's School on the 1500 block of Kearney, reachable from the Ohlone trail, and “our first ever bike in movie night” at the Cerrito Theater the next Wednesday, with free valet parking by the East Bay Bike Coalition (a question from the dais confirmed the valet parking is for bicycles), followed by an energizer station at the El Cerrito Plaza bike lockers from 7 to 9 a.m. A member also highlighted the staff Green Team's month-long May challenge, saying El Cerrito is “the only city in Contra Costa County that has decided to do this.” A member reported attending the ABAG general session on April 22 on climate sustainability and SB 375, which was well attended.

For staff, Michael Bond, a shift battalion chief and the fire marshal, said rainfall was back to normal or a little above and the grasses and weeds have “decided to take off,” so annual vegetation management inspections begin mid-month, with notices to non-compliant owners at month's end and abatement after that. A new fire prevention officer, Captain Terry Pace, will inspect with Bond, who hoped for “a hundred percent compliance again this year.” Asked, for the benefit of the audience, what counts as a hazard, Bond listed trees and shrubs over chimneys or heat-releasing appliances; dense, unmaintained vegetation with dead and dying brush or branches; stacks of cuttings left from spring pruning; and dead, dry grass that has not been cut.

02 Seniors ask the city to keep their centers open captions 16–29

0:06:02next agenda item which is oral Communications from the public and we have four speakers at this time all of you might not be aware we have a speaker timer up on the speaker table up here when you're the council is allotted three minutes per speaker when you begin

0:06:20speaking the light will turn green when the light turns yellow you'll have one minute to sum up and when the light turns red your time is concluded and so with that the first Speaker Sylvia got Sylvia [Music] my name is Sylvia God and I've resided in El Cerrito for 40 years

0:06:55I'm here tonight to encourage you to maintain the senior centers in El Cerrito with your financial support in the coming year without your help these centers May well go under but first I'd like to thank you for your steadfast and continuing support of the centers especially during Last Summer

0:07:15I've been a volunteer teacher in one of the centers since 1995.

0:07:20along with many other volunteers some of whom has served for over 30 years these centers are wonderful warm welcoming communities that meet the needs of our seniors and not only are they places of weekly socialization opportunities for many seniors who might otherwise lead lives of relative

0:07:41isolation but they also provide classes in foreign languages Spanish and German in current events in computers in exercise and even in line dancing to name a few in addition weekly speakers provide information on many topics ranging from Senior Services cell phone use driving

0:08:03hints health issues politics community services and Senior scams in addition to providing nutritional inexpensive lunches almost every bit of it provided by volunteer help where else can you get such a deal these seniors are assets to our community in many ways in my class alone

0:08:25I have students who are docents at the Academy of Science in the Oakland Museum some who help with mailing for our Civics theater others who read to children in the West County Schools I invite you to come visit the senior programs at Christ Lutheran at St John's

0:08:43or at the open house and you'll find senior adults in Lively discussions sharing personal experiences and opinions you'll feel the enthusiasm and hear the hearty laughter the liveliness the encouraging support and the the learning participation I ask you to do all you can to assure

0:09:08the continuation of these valuable services to keep our seniors involved healthy helping and if I may add voting and paying taxes thank you for listening Mark Guthrie hi my name is Mark Guthrie I'm a resident here in El Cerrito and also I participate in the senior center at

0:09:48Christ Lutheran Church uh basically I just wanted to say that uh this program that we have at the senior center is pretty much everything that Sylvia has just spoken about and it also Acts as a support group for seniors which is are hard to measure in terms of what

0:10:18that brings to them but it is a place knowing that if you have a problem or information that you can share with others and that these other people in your group can basically uh participate in helping resolve problems or issues that may come up very big in the senior community

0:10:43especially want to uh thank the directors of these senior centers these are basically a Cadre of dedicated women that are making these programs run and run at uh a very uh balanced and informative uh condition and I really want to thank them for all the work that they've done there's a legacy

0:11:17of 35 years for the senior centers here in El Cerrito and it would be really ashamed to see these come to an end we're hoping that the city can help fund these programs uh and I also want to thank the city for uh the 2009 summer of funding that was provided basically

The mayor explained the three-minute speaker timer and called four speakers on the same subject. Sylvia God (as captioned), a resident for 40 years and a volunteer teacher at one of the senior centers since 1995, urged the Council to support the centers financially in the coming year: “without your help these centers May well go under.” Sylvia God thanked the Council for its support “especially during Last Summer” and described volunteers, some serving over 30 years, running classes in Spanish and German, current events, computers, exercise and line dancing, weekly speakers on topics from driving to senior scams, and inexpensive lunches, calling the centers “wonderful warm welcoming communities” and inviting the Council to visit the programs at Christ Lutheran and St. John's. Seniors, the speaker said, should stay “involved healthy helping and if I may add voting and paying taxes.”

Mark Guthrie, a resident who takes part in the center at Christ Lutheran Church, said the center also acts as a support group for seniors, thanked the directors, “a Cadre of dedicated women,” and noted a legacy “of 35 years for the senior centers here in El Cerrito” that it would be a shame to see end. Mark Guthrie hoped the city could help fund the programs and thanked it for “the 2009 summer of funding.”

SignificantThe speakers describe centers run by the school district; the city had funded the summer program in 2009 and the speakers ask for help to keep them open.
Cross-referenceSenior services were presented to the Council on 1 March 2010, and seniors asked the Council to keep the centers open on 19 April 2010.

03 More seniors, and why the school district's adult funding is shrinking captions 30–51

0:11:42through the city being proactive for the Senior Center thank you very much Cora tungsten good evening I'm Cora Johnson a resident of Bella Cerrito for more than 32 years and a member and volunteer of the Saint John Senior Center the center is open for seniors every

0:12:15Tuesday of the week the Saint John's Church provides the space and utilities for free to support us all seniors that belong to different denominations are welcome the center offers various activities that help me in a personal level socialize with other seniors

0:12:37exercise for health maintenance and memory improvement after my stroke in March 2006 I have been doing Tai Chi for exercise for memory improvement I am learning conversational Spanish from a teacher who is a volunteer this helps me a lot in learning a new language

0:13:01in exchange for the benefits I get I extend my help as a volunteer by performing various tours in the center's operations majority of the members are volunteers including the Arts and Crafts teachers I was impressed on the first day I joined the center in early 2004 after my retirement

0:13:25I felt a sense of a warmth and friendly atmosphere an extensive belonging to to a family and community we have weekly meetings to know what is going on in the center the members and volunteers participate in planning some activities of the center in the weeks ahead

0:13:47we say devotions after the meeting before we eat lunch we say a prayer the center has telephone a telephone tree which is very effective for communication purposes the director assigned an overall telephone coordinator and also assigns six telephone leaders to call five to six

0:14:09members assigned to them to disseminate information we call each other to know what is happening when we remember is sick or or there is death in the family in the family or a member fails to be at the center the center sends getable cards and sympathy cards from all the members when

0:14:30there is a member who is sick or death of a member and family we visit our Sikh members and attend Memorial services every last Tuesday of the month we have one big birthday celebration of all members whose birth dates fall during the month a homemade cake is donated by a

0:14:53volunteer we have seen Longs and music and laughters are in the air we really love and care for each other like one big family we support ourselves by way of various fundraising activities during the year we need your help we need your support to enable these angels in your Center support our

0:15:22programs and stay open thank you for listening and your kind consideration will be appreciated thank you Laurel Sparr hello my name is Laurel Sparr thank you for allowing me to speak tonight I am speaking on behalf of Marie Roth who's 92 I am her caregiver Marie has been going to the senior

0:16:03center at Christ Lutheran Church for about 10 years every Monday she used to drive herself but about two years ago Marie was not allowed to drive so I drive her now Marie looks forward to going to the senior center on Mondays it's the highlight of her life she enjoys the classes the companionship

0:16:31and the people her Mondays begin with a Spanish class followed by current events class a weekly guest speaker a delicious lunch and finally exercise all this with lots of conversation and laughter in between this program is wonderful for Marie it helps her stay mentally Sharp

0:16:58physically active and interested in life Marie and all the other seniors would be really disappointed if it closed so on behalf of Marie and all the seniors I hope that you can help keep the senior centers open thank you that was the last speaker was the last speaker thank you very much and thank

0:17:28you thank you to the speakers just had a clarification and I guess I'll ask staff because I don't know who to direct this to you clarify we're talking about uh or the the last four presenters we're asking for senior centers that aren't city um it's not part of the city program as

0:17:49of now correct it used to be the schools there still is the schools program the city helped out in the summer school district school districts School District the city helped out during the summer running the program have we had any is there any information if if the school district is

0:18:08discontinuing this program next year I I don't know we could we could look into it I don't think they've made any decisions at this point okay and we're talking about I guess right now summer that there still needs to be a sponsor for these summer programs correct

0:18:26I don't believe they're just I don't believe they're just summer I think they're right they're year around but right now they're being run by the school district during the summer just like last year which sounds like they're not going to provide for the summer

0:18:41there's certainly talk it's certainly that option I think is on the table but I don't want to speak for the school district right you know okay thanks the um it's a little bit more complicated than that but the funding as you know for schools is quite insufficient and they

0:18:58used to have funding for schools by what they call blocks and they reduce the blocks were like that's that would say for example the adult service money was separate and you couldn't use it for anything else or vice vice versa and then money for another category was that

0:19:14way will they re the state reduced the blocks the number of blocks so that you can sort of commingle the money and use it any way you want and the result of that has been that Adult Services are being decimated um and um so so that's that's kind of the the background scenario for it

0:19:38I think you could say based on my understanding of um what's been going on and um so it's very unlikely that what I understand that given the um difficulties the school district is facing for K-12 education that they will continue to use what's previously been used for adulthood for Adult Ed this is

0:20:04part of that there's just a clarification thank you and okay and ready to go on okay the next item on the agenda then is item 4A which is new Venture training which is going to be presented by Dwayne Dalman our economic development project manager who I understand had a really successful

Cora Johnson (called as "Cora tungsten"), a resident for more than 32 years and a volunteer at the Saint John Senior Center, said the church provides space and utilities free each Tuesday, that Tai Chi had helped after a stroke in March 2006, and described Spanish lessons from a volunteer teacher, weekly meetings, a telephone tree with six telephone leaders, cards and visits for sick members, and a monthly birthday celebration: “we really love and care for each other like one big family.” The center raises money through the year, and Cora Johnson asked for the Council's support so the programs “stay open.”

Laurel Sparr spoke on behalf of Marie Roth, 92, as Roth's caregiver: Roth has gone to the Christ Lutheran center every Monday for about 10 years, for Spanish, current events, a guest speaker, lunch and exercise, and it is “the highlight of her life.” Laurel Sparr hoped the Council could help keep the centers open.

A councilmember asked staff to confirm the centers are not a city program. Staff answered that they used to be, and still are, a schools program, and that the city helped run the summer program; staff did not know whether the school district was discontinuing it next year, said “I don't think they've made any decisions at this point,” and believed the centers run year-round, with the summer again the gap. Staff added that an option of the district not providing for the summer “I think is on the table but I don't want to speak for the school district.” A further comment from the dais gave the background: the state reduced the number of school funding “blocks” so money can be commingled, and “the result of that has been that Adult Services are being decimated”; given the district's K-12 difficulties, the speaker said it is very unlikely, based on that speaker's understanding, that it will keep using the money for adult education.

Missing contextWhether the school district would run the senior programs over the summer, or next year, was not known; staff offered to look into it.

04 New Venture training: a business planning class comes to El Cerrito captions 52–70

0:20:26event uh yesterday yesterday yes I heard about it good thank you um good evening mayor members of the city council I'm excited to be here tonight to share with you the positive results from our first new Venture training class new Venture training is a 12-week program that contains over 100 hours of

0:20:44small business management training that focuses on putting together a small business plan El Cerrito Economic Development provides scholarships to Al shooter residents our businesses to participate in this training program and the classes I think are another example of how our Economic Development

0:21:01programs are working to assist existing El Cerrito small businesses especially in these times 11 businesses participate in the El pseudo class which was held here at City Hall in the hillside conference room Mondays and Wednesdays for three and a half hours the class was over a 12 week

0:21:18period that ran basically for the months of January February and March new Venture training is operated by the Contra Costa Small Business Development Center they run these classes three times a year throughout Contra Costa County this is the first time that's occurred here in El Cerrito

0:21:36so we've invited three of the businesses that participate in the train to tell you a little bit more about their personal experience but before the we do that I want to introduce Jeff Hall who's the teacher of the class from the Small Business Development Center and he's

0:21:48going to give you a little more insight into the class metamere and the Chamber members it's really nice to be here again it's uh I've had the privilege of being here January February March in this beautiful building in your city and I've really appreciated it um basically I'm here to say thank you

0:22:12very much for your support we appreciate being with your businesses and helping them with the work that they have to do in being successful and uh real briefly my remarks are going to basically tell you a little bit about who we are I'm not sure if you're familiar with the Small

0:22:28Business Development Center network but we're the largest Small Business Development management and technical assistance program in the United States about 30 years ago someone at the Wharton business school said wouldn't it be wonderful if we could take all of

0:22:43this business knowledge in our business school and share it with as wide an audience as possible across our country and they formed the Small Business Development Center Network there's about 900 centers in the United States there's uh 53 in California each of the counties

0:23:03has one Center and where the Contra Costa Center I've been affiliated with the center since 1999. I've helped about 450 people develop their business plan in total we've had over a thousand people go through the program in the last 10 years and start a business now a

0:23:22lot of you know this book it's a very old book and I try to always be very inclusive and ecumenical but there's a phrase in an old book it's Proverbs 15 22. and it says plans fail when there is no counsel but plans succeed when counselors are many and that's what we've tried to do for

0:23:46the last 10 years to businesses all from one end of the county to the other from San Ramon to Brentwood to El Cerrito we try to give people the best possible counsel that's available in putting together your business plan and in setting your dream and what you want to accomplish so we really

0:24:06appreciate being here one interesting fact also if you're familiar with the Kauffman Foundation there's sort of a what they call so-called noted expert in entrepreneurship and they've said in their research that two-thirds of all of the jobs that are going to be created in

0:24:24the United States in the next five years are going to come from companies that are less than five years old two-thirds and so that's why for economic development helping these startup companies and these early emerging companies is very important to the health of the community

0:24:42uh and to the to the uh General uh population of El Cerrito so with that I would just like to say again thank you very very much for allowing us to be here uh to help us carry out our mission because without our partnership with the cities who have the businesses and have

0:25:03the need uh we'd be up there in our office all by ourselves so we really appreciate getting out in community and having these kind of Partnerships together um finally just I'd like to say also one thing recently you've got to always check your Source but there was a report

0:25:19that was released about three months ago from the SBA they looked at about 900 businesses across this country and they found out that those businesses who spend up to 12 months planning their business laying out their strategy knowing their target market their competition 80 percent more likely to be

0:25:43successful and so you've heard the old adage oh only two out of ten make it that's not necessarily true when they get the right counsel at the startup phase now I'd like to just introduce some of our businesses but I'm going to let them each introduce themselves as

0:26:01they come up but our first Speaker actually it was a joy to work with each of these businesses I can't tell you how much I appreciate this uh this opportunity to help each of these people create their dream and make it real let's hear from them the first one I'd

Item 4A. Dwayne Dalman (as captioned), the economic development project manager, reported on the city's first New Venture training class: a 12-week program with “over 100 hours of small business management training” focused on writing a business plan, run by the Contra Costa Small Business Development Center three times a year around the county. El Cerrito Economic Development gave scholarships to residents and businesses; 11 businesses took the class at City Hall, Mondays and Wednesdays for three and a half hours, from January through March, “the first time that's occurred here in El Cerrito.”

Jeff Hall, the class's teacher from the Small Business Development Center, thanked the city and described the network: started about 30 years ago from an idea at the Wharton business school, about 900 centers in the United States and 53 in California, one per county. Hall has been with the Contra Costa center since 1999, has helped “about 450 people develop their business plan,” and the program has had over a thousand people in the last 10 years. Hall quoted Proverbs 15:22, “plans fail when there is no counsel but plans succeed when counselors are many,” and cited Kauffman Foundation research that two-thirds of the jobs created in the next five years will come from companies less than five years old, and an SBA report from about three months earlier that businesses that spend up to 12 months planning are “80 percent more likely to be successful.”

05 Three graduates, and the Home Improvement Expo captions 71–92

0:26:18like to bring up is Mr Luke crime kreinberg who runs a business called one-to-one box very very interesting it has a lot to do with the internet I'm trying to learn more about it every day Luke would you come on down here hi city council thanks for having us um just want to speak briefly

0:26:40um my name is Luke kreinberg and our business the business that I'm doing with my partner Mike is taking video for the web and combining that with social media and really I want to say um just in the whole aspect what Jeff was talking about Council the wisdom of being in a room

0:26:58six hours a week for three months and really getting the feedback and the kinds of questioning to really get clear about what is it that that I'm doing with with my business and how am I going to make it sustainable was just invaluable and so I would hope that um you as the city council would really

0:27:22support this program specifically new Ventures and what Dwayne has done and what Jeff bringing his expertise of of 10 plus years of doing this kind of work that it really has changed my life and I just want to say that Mike and I my business partner have hired five

0:27:43contractors in the last two months so it really can help put folks to work and I just I want to say that from um just sort of My reality of what I'm noticing and much of that came from that Monday and Wednesday those tough questions those writing the business plan the really being kind of feeling it

0:28:06wash over me in terms of what it's going to take to sustain a small business so again I just I want to thank the city of El Cerrito for supporting this program and would hope that you would do it in the future and also just want to put in a plug for any programs to help us as we

0:28:25continue so this was a great jump off point and we're going to need support as well going forward so thank you so much hello um good evening my name is Cara Toomey and my company is called charismatic events and the new Venture training was integral to me getting a solid foundation and knowing

0:29:05that I kind of had a parachute for this Cliff that I was jumping off of this leap of faith that I was taking it helped me to understand maybe some things about business that I didn't understand before such as the financials especially I was a little shaky and hesitant about

0:29:24um my business is to design plan and Implement not necessarily to think about dollars and cents so I definitely got help with that through the new Venture training and I also just got marvelous support and feedback from our teacher Jeff Hall and our fellow entrepreneurs

0:29:46that were in the class with me um as Jeff said the collective intelligence was indispensable and having someone around who's going through the same thing to bounce be we can get feedback from was truly amazing so I hope that this is something that can continue in the future to help other

0:30:05residents thank you good evening my name is Mario Patel I'm a resident of el seito for a long long time uh something funny happened to me in January I was part of new Venture training the virtues of this training is that it focuses on you it's not I've been through a business school and they can

0:30:40teach you case studies about all the other companies that you know what they did or didn't do this is about you you have to justify your business and you know every the plan that comes out at the end of the process is your doing it's you excuse me it's your um effort it's everyone else's you know

0:31:00input as well and to me this was the main benefit of this program the other program other thing that I really am [Music] um it's a marvelous program in the sense that it kind of teaches you the idea that in this day and age you are going to face competition and you know the only thing I knew going

0:31:24into this business world was that you could compete on price but this program actually gives you new tools it gives you the idea that you have to make a Unix uh you know a unique uh selling proposition you have to have a USB you you can actually survive in a smaller market and do something very

0:31:42well and to me this is something I think uh you know this program can bring to people going into business because today I think uh people who want to start a business uh need to kind of understand that the market has changed it's not like throwing money against the wall and

0:31:59hope it sticks and so I I am really appreciative of the program thank you council members for supporting the program thank you Darren and thank you uh Jeff for teaching the program and thanks again so thank you very much that concludes our presentation thank you that's pretty

0:32:29uh interesting and exciting I've got a quick question when's the next one scheduled for uh we haven't scheduled yet um typically they've done this in cities once a year so we were trying to figure out uh if it fits into our budget what time we can do that uh next year great

0:32:47thank you Dwayne since the mayor teased us about yesterday maybe you could give 30 seconds on what actually happened yesterday and how it went oh okay uh we had our third annual elsuda Home Improvement Expo so that was something that we started as a way to kind of link up our local home

0:33:05improvement companies with our greater residential community and so it went well we had it at the community center and we have a good turnout seems like a better turnout every year and more businesses participating so our hope is that we can spur our own Economic Development by

0:33:20having more of our residents use our local companies to do their home improvement projects if I may I I was there and I will give a a shout out for this for families for next year who are listening um there is uh at least this year we do we're able to provide entertainment for young

0:33:41people uh while parents were strolling through the various booths or sitting down for some of the um educational seminars there were three different educational seminars and so if if you are out there and planning improvements on your house next year I would recommend you come because you

0:34:01know your your son or daughter might actually learn how to drive a nail and and help you around the house so thank you thank you thank you arming kids with nails and hammers I don't know and tool boxes on that cheery note we'll move on to item 4B which is um property assess clean energy

Three participants spoke. Luke Kreinberg (captioned "crime kreinberg"/"kreinberg"), whose business one-to-one box combines web video and social media, said six hours a week for three months of questioning was “just invaluable,” that the program “really has changed my life,” and that Kreinberg and a business partner have hired five contractors in the last two months; Kreinberg asked the Council to keep supporting the program and later-stage help. Cara Toomey of Charismatic Events said the training gave “a parachute for this Cliff that I was jumping off of,” especially on financials, and praised the feedback from Jeff Hall and fellow entrepreneurs. Mario Patel, a long-time resident who had been through business school, said the training “focuses on you” rather than case studies and teaches that you need a unique selling proposition, not just price.

Asked when the next class is scheduled, Dwayne Dalman said none was scheduled yet; cities typically hold one a year, so staff would see “if it fits into our budget.” Another councilmember, noting “the mayor teased us about yesterday,” asked about the previous day's event: Dalman reported the third annual Home Improvement Expo at the community center, with a better turnout every year and more businesses, meant to link local home improvement companies with residents. A councilmember who attended recommended it to families next year, with entertainment for young people and three educational seminars, and the mayor joked about “arming kids with nails and hammers.”

06 PACE financing: how California First would work captions 93–122

0:34:27financing or Pace as it's known presented by Mike Marcus that doesn't look like a Mike Marcus to me but okay thank you Maria good evening mayor Edelson and council members my name is Maria Sanders and I'm an analyst in the Environmental Services Division and I'd like to introduce Mike

0:34:47Marcus of renewable funding he is the Contra Costa County Regional program manager for the California first program and he's going to be making a presentation on property assessed clean energy financing which is also sometimes known as Pace or ab811 financing this is an information only presentation

0:35:07we are bringing this to cancel so that you can gain a greater familiarity with the new this new opportunity to provide residents and businesses with more Avenues to for making Energy Efficiency and renewable energy investments in their properties so if cancel is interested in moving

0:35:25forward with this the next steps would be to bring a resolution to join California first for your consideration which would include authorizing a one-time only application fee of 12 500 in next year's budget so now Mr Marcus will be giving you the details on the

0:35:43program thank you Miss Anders good evening Madam mayor and members of the council my name is Mike Marcus and I am a regional program manager for renewable funding renewable funding is the program administrator of the California first program on behalf of California

0:36:01communities or cscda it has been a pleasure working with your staff to prepare this presentation and I'm pleased to be here this evening I'm going to walk you through Pace as a concept introduced California first as a potential option and um and outline the program scope I'm

0:36:20available to answer any questions at the end of the presentation and if there's anything that you ask that's technical in nature I'm happy to get Maria those answers shortly hereafter so to begin what is pace and how does it work it's it's very simple first a city

0:36:45or county creates a land secured financing District Property Owners voluntarily can choose to sign up for the program and then hire a contractor to install their energy projects the city then or or issuing jurisdiction issues a pace bond to finance the work and uses the proceeds from the bond to

0:37:05send a check to the property owner to pay for the energy projects and finally the property owner pays the contractor for the work and then repays the bond through a small assessment on their annual tax bill foreign excuse me so California first is a PACE program in

0:37:26January of 2009 renewable funding was selected by cscda through a comprehensive RFP process to administer the Statewide ab811 program now known as California first cscda is also known as the California Statewide communities Development Authority and is the state's largest jpa

0:37:45including the league of California cities and the California State Association of counties our program Partners include the RBC Capital markets includes RBC Capital markets as our lead underwriter and um and of course cscda as our program sponsor there are many benefits for El Cerrito

0:38:07participating in California first first and foremost the program has the potential to significantly reduce the 31 percent of el Cerrito's Greenhouse greenhouse gas emissions that are emitted from residential energy sector last year renewable funding commissioned

0:38:22a Statewide demand analysis that included Contra Costa County and the findings of which showed that 16 percent of Contra Costa County owner-occupied units are likely to participate to put that in perspective IOU or incentive on you to excuse me investor owned utility programs

0:38:40typically have a five percent adoption rate in El Cerrito this is equivalent to 1062 projects assuming 6635 owner occupied units as indicated by the census ing an average of eighteen thousand dollars per project after incentives and rebates this rate of adoption would

0:38:59result in 19 points roughly 19.1 million dollars worth of projects most of these projects will require building permits resulting in Revenue to the city so up to this point I've outlined the benefits for the city but the big question for every property owner is

0:39:16what will it do for me and will I save money to answer this each person will need to do their own assessment but based on some back of the envelope calculations the average homeowner will save money by investing in Energy Efficiency and solar thereby reducing their monthly utility bills

0:39:32one key attribute to Pace is that it is not based on personal credit it is land secured financing meaning that the underwriting criteria focuses on whether you have paid your property taxes over time for the past three years in addition the debt transfers upon sale of

0:39:48the property so if you sell your home the new owner assumes the debt as well as the benefits of the energy efficient structure just like if it were a school bond or some other kind of Municipal Bond placed on the property as a result Property Owners aren't stuck in the

0:40:03position of making them making a big investment that they can't recoup when they move out so what does this actually look like first a city or county or in this case both Ops into the program which creates a financing district and provides The Upfront Capital through

0:40:22sale of bonds then the property owner has the ability to choose their own contractor and the projects that they would like to finance they apply for that financing they receive the dollars up front and then they repay those dollars on their annual tax assessment

0:40:38this includes the eligible projects include both Energy Efficiency and renewable so this is not limited to a solar Finance program it does require actually that people the property owners meet what's we call a loading order which is prescribed by the California

0:40:53energy commission we our program receives 16 and a half million dollars of stimulus funds to seed the program through our pilot phase so what that okay it does essentially is requires this loading order which is 10 at this point efficiency prior to financing solar so that you're having to make that

0:41:11property as tight as possible before supplementing it with Renewables that that requirement could go to 20 because we do require that any property owner using our financing uses whatever state or federal incentive programs are in existence so that they are not taking

0:41:27advantage of dollars after the fact that they're financing up front so we will plug into the requirements of those incentive programs and for Energy Efficiency those are still under development by the cpuc but it is likely that they will require a 20 loading order so by default our program would

0:41:44require that you achieve or you as a property owner achieve 20 efficiency in tandem with uh in in all practicality but it is a requirement to financing Renewables so the California first program what does it include the program's primary purpose is to deliver a self-contained

0:42:05ab811 program that removes the administrative burden from City staff our standard offering includes program design technology and operations and marketing from a design perspective we put in place the policies and terms that are Guided by the White House policy

0:42:21framework on Pace programs which outlines criteria to protect both the borrower the pre-existing lender and the bond purchaser local goals and programs are key to the program's success and so we will we would be working closely with your environmental Department to make sure

0:42:36that this program worked with whatever existing programs both the city and the county has in place from a technology perspective we we acquired a software firm that specifically works for us on developing the back end software that's been developed from customized mortgage loan

0:42:54origination software in order to support a high volume of applications and from a front-end perspective there's a web portal that provides decision-making tools for property owners as well as financing metrics and online application and login platform in addition we offer a marketing toolkit

0:43:13that provides a program logo branding a brochure that can be customized to your local jurisdiction we develop content for property tax bill inserts create base content for PowerPoints basically whatever we can do to support your staff in making this program successful

Item 4B, property assessed clean energy (PACE) financing. Maria Sanders, an analyst in the Environmental Services Division, said this was “an information only presentation”; if the Council wanted to proceed, staff would bring a resolution to join California First, including a one-time application fee of 12,500 (as captioned) in next year's budget.

Mike Marcus, Contra Costa County regional program manager for Renewable Funding, the program administrator of California First on behalf of CSCDA (the California Statewide Communities Development Authority), explained PACE: a city or county creates a land-secured financing district; owners voluntarily sign up and hire a contractor; a bond pays for the work; and the owner repays “through a small assessment on their annual tax bill.” Renewable Funding was selected through an RFP in January 2009; RBC Capital Markets is lead underwriter.

Marcus said the program could reduce the 31 percent of El Cerrito's greenhouse gas emissions from the residential energy sector. A demand analysis found 16 percent of Contra Costa owner-occupied units likely to participate, against a typical five percent for utility programs; for El Cerrito that is 1,062 projects out of 6,635 owner-occupied units at an average of $18,000 after incentives, roughly $19.1 million of projects, most needing building permits. Financing is “not based on personal credit” but on three years of paid property taxes, and the debt transfers with the property on sale. Eligible work includes efficiency and renewables, with a loading order requiring 10 percent efficiency before financing solar, likely to go to 20; the program received 16 and a half million dollars of stimulus funds for its pilot. Renewable Funding supplies policies following the White House PACE framework, loan-origination software, a web portal and a marketing toolkit.

07 PACE: the city's role, the fee and a delayed launch captions 123–141

0:43:32my back up there from a legal perspective in the case of El Cerrito the city would be responsible for the items on the left side of this slide which includes holding a dually Pub duly noticed public hearing providing proof of noticing and passing a resolution to excuse me a resolution

0:43:48to join the items on the right of the slide will be facilitated by renewable funding at the county level and those include formation of the district legal validation Bond indenture and bond disclosure and issuers Council Finance considerations the local obligation between cscda and the

0:44:08property owner I'm sorry the local obligation is between cscda and the property owner the local jurisdiction allows this when passing the resolution to join but is otherwise not responsible for the obligation the bond is issued by California communities and is underwritten by RBC Capital markets

0:44:24interim financing will be handled by renewable funding the local jurisdiction has no Financial Risk and no obligation to the general fund or other monies RBC is responsible for Market placement of pooled or aggregated micro bonds and the tax roll will be handled by a tax

0:44:41administrator will Dan who will work with the counties to prepare the tax role in the desired format so our goal is to deliver a program with as little impact to staff time as possible minimal local efforts are required however some jurisdictions choose to add additional resources to encourage higher

0:45:00adoption rates what we do need is for the jurisdiction to designate a staff person to the program specifically for coordination at a county-wide level which includes customization of a web portal in this in our program offering every county has a customized web portal that then can be

0:45:19linked to from the individual cities and we streamline the coordination of all those cities by putting together a stakeholder group that's typically facilitated at the county level but not County driven then from a local customer service standpoint since the local agencies and

0:45:36cities are typically a trusted source for the public there will be inquiries that come into your city but we do everything we can to provide all the resources for your staff to then redirect those people to our customer service lines websites whatever tools we can provide

0:45:52and then in many cases like I indicated cities will want to put more resources forward whether it's staff time whether it's you utilizing a local non-profit or whatever you choose to do to drive adoption rates if that's an option you want to go down a road you want to go

0:46:09down so money the fees that are associated with the program twelve thousand five hundred dollars is the maximum fee that El Cerrito will be responsible for we're right now finalizing a policy that will reduce the cost in the case of high rates of uh agency participation within Contra Costa

0:46:27County so it is possible that if over 10 agencies out of the 20 that are in existence join that this these numbers would actually be lower um the the fees cover legal validation which includes the boundary map notices for public hearings summons for validation and the legal counsel that

0:46:44goes into that from a marketing technology perspective we designed the web portal including the tools and application process ongoing customer service marketing toolkit regular reporting for any kinds of grants that you need that we can need you need data for financing and you get

0:47:02me a dedicated program manager so our timeline has been a little delayed there has been some setbacks with the California energy commission sep State energy program fund disbursement an agency that did not receive funding has filed a lawsuit which has slowed down the process a process so right now

0:47:24we're experiencing around a six to eight week DeLay So we were initially anticipating watching what we call our phase two communities which is our post pilot communities in September and that has been pushed to January of 2011.

0:47:39um we it could come sooner it could come later um since we still have not launched our pilot program a lot of the timing that is associated with our phase two and phase three launches are basically contingent on what happens with our pilot program but we're confident that

0:47:55it'll launch in early January of 2011.

0:48:01new cities that would like to sign up for round two uh have a September uh first deadline to pass a resolution although we encourage you to do so as soon as possible so that we have that in the process and and it doesn't there's no hiccups along the way it requires a

0:48:15public notice staff report and a resolution to join so finally in closing Pace financing is one of the best tools we have to make immediate progress towards meeting our climate change goals it takes advantage of the best aspects of public-private Partnerships to allow individual

0:48:34homeowners and business owners to save money reduce carbon emissions and create jobs that's why so many state and local governments around the country have adopted it last year and I look forward to answering any questions that you may have into working with your city and

Marcus said the city's part would be a duly noticed public hearing, proof of noticing and a resolution to join; district formation, validation, bond documents and disclosure are handled by Renewable Funding at the county level. The obligation is between CSCDA and the property owner, and “the local jurisdiction has no Financial Risk and no obligation to the general fund.” The city would designate a staff contact for county-wide coordination and redirect inquiries to Renewable Funding's customer service; some cities add resources to raise adoption.

The fee of “twelve thousand five hundred dollars is the maximum fee” for El Cerrito, possibly lower if over 10 of the 20 Contra Costa agencies join; it covers legal validation, notices, the web portal, customer service, reporting and a dedicated program manager. The timeline has slipped about six to eight weeks because a lawsuit over State Energy Program funds slowed disbursement; the phase two launch moved from September to January 2011, and Marcus was confident “it'll launch in early January of 2011.” New cities have a September 1 deadline to pass a resolution. Marcus called PACE “one of the best tools we have to make immediate progress towards meeting our climate change goals.”

Cross-referencePACE financing came up again on 22 February 2011.

08 Council questions: profit, fraud, staff time and prevailing wage captions 142–171

0:48:48your staff in the future I'm available for questions thank you thank you very much um we have questions from the council yes Greg yep um I I didn't I didn't catch it are you guys a non-profit organization no we are we're a for-profit organization that's administering on behalf of cscda and and

0:49:08so how do people get around the Contracting the sole source uh issues that come from Contracting a private entity you guys have a unique situation as a result of you know already being contracted by the jpa right so we went through a competitive bid process to become the administrator for this

0:49:26program and then at a per project level it's up to the property owner to choose who they're going to use to do that but for the administration the administration okay um and the typical rate you said that's about you said the typical projects about eighteen thousand dollars per

0:49:41property what is the typical um you know tax rate it's not tax but what's the typical payback rate that that property would be obligated sure so there's the bond rate and the effective rate I'm going to tell you the effective rate Which is higher but know that I'm

0:49:58talking about the effective rate because other programs will sometimes give you either the effective rate or the bond rate and so the capitalized expenses drive that rate by about 200 points or two percent so we're anticipating a seven to ten percent interest rate

0:50:14um our pilot communities um that that received the step funds this some of the set funds are to buy down the interest rate to seven for to we're targeting seven percent that's that's our goal um we believe that through the buy down of the interest rate of the first 25

0:50:30million dollars of loans that are originated will be able to get a bond rating which will support that seven percent interest rate without subsidization so that's that's our Target but it could be higher so an eighteen thousand dollar project at seven percent the monthly the uh semi-annual

0:50:48payment would be 500 that's a good question that is the question though that's what I was asking is it what's the typical property you know obligation for this this Bond payback sure so I I would have to send you a spreadsheet with different scenarios which I'm happy to send

0:51:06through your staff and I don't have that number prepared and what's the work what's the occurrence of fraud I mean you've you've got uh a check that you're sending out to the property owner and you're relying on the property owner to pay the contractor you're allowing the

0:51:19property owner to hire a contractor um it's there's a lot of opportunity for fraud what's the what's the percentage of Fraud and what are you doing to uh police it sure well since we're still in Pilot and we we haven't launched the pilot yet I can't give you a percentage

0:51:35but I can tell you what we have in place to prevent that and I'm sorry I'm fighting something off so my voice is cracking but um we because we're plugging into the state incentive programs by Nature the the QA quality assurance quality controls are from a contractor

0:51:51perspective that we're plugging into the existing ones that that are through those channels from a homeowner perspective the um so there's several options for when you finance your project how you receive that payment one is you can receive it directly in which

0:52:05case your contractor probably would have required some sort of lengthy contracts that they knew they were getting paid the other option is for in the application process the homeowner to essentially assign payment to the contractor and it can be multiple contractors in the case that you have

0:52:21Energy Efficiency contractor that's separate from your solar contractor so they can assign the payment and it'll be issued directly to that contractor so um besides the fact that you are essentially entering into contract and placing a lien on your property this is

0:52:37a senior lien so this this takes priority over your existing lender um and it lenders for the most part large institutions have been supportive of this because it's actually increasing your monthly cash flow it's a it's not just a debt it's it's it's an asset to

0:52:53the property um so through that that process there there is a very strong legal mechanism that holds that property owner to that dollar amount and then from a contractor perspective they would establish whatever their own contract requirements are and then and then they would be

0:53:08guaranteed to receive that payment if the property owner assigns the payment directly to them which they could require in your presentation you talked about staff time certainly it sounded like it might be as little as preparing a resolution but it it you went on on

0:53:24one slide to talk about a point of contact answering questions redirecting and potentially doing greater Outreach what is your estimate of the staff time for a relatively active City well the first question would be what is relatively active because I think there's a lot of definitions of that but

0:53:45for a staff that wants to promote their the program through whatever mechanisms already exist through so through newsletters through Community Publications through sitting at booths whatever your Outreach tends to be um you know to put it put an hour on it maybe it's 20 hours a month for the

0:54:06first few months to really get it going but but so I to give you a little background I I worked for the city of Benicia prior to joining renewable funding and I worked on this program for the city of Benicia and one of the real advantages the reason we went with a

0:54:20program was because it took a lot of the administrative burden off I did get phone calls from Property Owners because you're the person they choose they turn to because you're the trusted source so I would say that I I probably fielded a half a dozen calls a week and was able

0:54:35to push those off both to the website and to renewable funding customer service staff um I hate putting a number on it because it really depends on what you want to do but it can be as minimal as passing the resolution and and going with the standard offerings that we have from

0:54:52marketing so are there any prevailing wage or Union Provisions for this this work good question so from from the res we're referring to the doe for for guidance on this because it is being stipulated through the stimulus funds stipulations that wouldn't normally

0:55:10have take effect so from a residential perspective there the doe has told us that no prevailing wage does not does not count in this in this scenario from a commercial perspective we haven't been able to pin down a definitive answer on this we're still waiting um so we are assuming the most

0:55:31restrictive which would be yes so um that could change but taking a conservative approach or saying no for residential and yes for commercial for prevailing wage great thank you could you tell us so you said this program was adopted in other states in the country or or is this the

0:55:51groundbreaking first sure so Pace as a concept has been adopted all over the country I think it's there's enabling legislation in 16 States and growing um so that's basically what rab811 is which is the enabling legislation that says you can Finance Energy Efficiency

0:56:08or Renewables or whatever your state is deeming to be greenhouse gas emission saving through your property tax bill so that that is spreading across the country our company is promoting that across the country and administering programs across the country we currently have a

0:56:26contract with or an agreement with the city of City County San Francisco we're administering their program or administering the program or I should say designing the program right now for the County of Los Angeles and for the city of San Diego and this is the first

0:56:41Statewide program in the country that's being developed and and and it's still we haven't launched yet so the launch for the Statewide program is at this point it's been pushed out um so it's late summer at this point in La it's already up and running it's no it's under design right now it's that

0:57:03LA County wanted a program that looked and felt like LA and so they chose to develop their own program but it has not launched yet okay okay thanks any other questions no speakers okay thank you very much thank you very much appreciated the news um the next item on the agenda is the

Called on as “Greg,” Councilmember Lyman asked whether Renewable Funding is a non-profit (it is “a for-profit organization that's administering on behalf of cscda,” chosen through a competitive bid, with owners choosing their own contractors) and the typical payback: Marcus gave an effective rate of “seven to ten percent,” about two percent above the bond rate because of capitalized expenses, targeting seven percent through a buy-down on the first 25 million dollars of loans, “but it could be higher,” and offered to send a spreadsheet of payments through staff. On Lyman's question about fraud and how it is policed, Marcus said the pilot had not launched so there was no percentage, but quality controls plug into state incentive programs, owners can assign payment directly to contractors, and the senior lien gives “a very strong legal mechanism.”

On staff time for an active city, Marcus said “maybe it's 20 hours a month for the first few months,” recalling work on the program for the city of Benicia, where Marcus “probably fielded a half a dozen calls a week,” but it can be as minimal as passing the resolution. On prevailing wage, the Department of Energy has said it does not apply to residential work; for commercial work there was no definitive answer, so the program assumes yes. Asked whether PACE exists elsewhere, Marcus said there is enabling legislation “in 16 States and growing,” that the company works with the City and County of San Francisco and is designing programs for Los Angeles County and San Diego, and that California First would be the first statewide program in the country, not yet launched. There were no public speakers.

Missing contextThe typical semi-annual payment on an $18,000 project was not given; Marcus offered a spreadsheet of scenarios through staff.

09 Consent calendar, and the solid waste ordinance update captions 172–192

0:57:26adoption of the consent calendar items 5A through 5c I moved to adopt a consent calendar second okay any discussion all in favor please say aye aye any um opposition abstentions motion carries unanimously with that we'll move on to policy matters there being no public

0:57:49hearings and uh the only item under policy matters is the solid waste ordinance update thank you honorable mayor council members my name is Garth Schultz I'm an environmental analyst with the city's Environmental Services Division and as you've come to know I manage the city's

0:58:13Recycling and waste programs for the city um we're here tonight to ask for who to consider a first reading of an ordinance amending the El Cerrito Municipal Code chapter 8.12 which pertains to collection and disposal of the waste stream this um the last time the solid waste

0:58:34ordinance was amended was back in Fall of 2007 at the time a number of changes came before the council to allow the city to offer better less expensive Waste Management options to those properties that produce very little waste as well as to maintain the city's

0:58:52ability to ensure that property owners meet health and safety requirements with regards to solid waste so tonight we're bringing essentially a continuation on these themes bringing a number of additional changes for your consideration and my plan here is to kind of summarize the various categories

0:59:10of changes that have occurred you have the the changes before you in the complete ordinance and then I'd like to take your questions at the end um first and foremost is a set of changes revising the definition of green waste the Greenways portion of the waste stream to include a broader range of

0:59:29compostable material specifically adding references to food scraps and defining food scraps as compostable and something that can be turned into a soil product and removing references to pretressables which essentially means the same thing but it's a more modern term that's being

0:59:47used in promotion of composting and Organics programs throughout the rest of the state um generally revising the definition of compostable material to allow the city to determine other compostable items as necessary and this is essentially in preparation for the rollout of our new

1:00:04food scraps collection and composting program set to begin in the beginning except to begin early in July essentially July 1st making sure that the food scrap component of the waste stream can be placed in our green waste bins and composted so that's the first set of changes the

1:00:22second set of changes is fairly minor it's updating all references to a singular contractor in the ordinance and changing it to the plural contractors for obviously for many many years many decades in El Cerrito we've had one contractor for solid waste but as the

1:00:38ordinance States the city for the services it provides namely the recycling collection Services also has the same obligations and so on as a contractor for the the terms of the time that we actually collect that material and it was a little confusing reading singular contractor in some

1:00:58passages and not in others especially when we have two different bodies that are collecting the solid waste green waste and recycling out there in the field it's definitely clear to refer to several um third set of changes is is more or less procedural um deleting a definition the unit of

1:01:19standard service this definition was previously referenced within the municipal code I believe during one of the more recent changes I think it was the 2007 changes reference to that definition was deleted but the definition itself was was not so I'm recommending deletion and then actually

1:01:36including in the body of the ordinance a reference to special waste that definition currently exists but it isn't referenced anywhere and it is an important category to call out um a fourth category of changes we're proposing are clarifying that businesses shall maintain containers for the

1:01:55collection of recyclable materials and additionally that multi-family dwellings May provide communal recycling containers so you know so-called dumpsters which is a branded term on the business side of things the the ordinance currently reads that businesses shall provide garbage shall

1:02:12maintain garbage containers um but it neglected to say recycling businesses are already paying their Integrated Waste Management fee on their garbage bills that covers the collection of the recyclables nothing would change with respect to the billing but it's that they can actually keep these

1:02:31containers on site and use them which will help obviously to increase our diversion and make sure that our businesses are recycling to that most ability on the multi-family dwelling side it's actually we've improved our service we're now able to offer larger recycling containers to businesses and

1:02:47the multi-family dwellings and it's now appropriate to allow larger multi-family complexes to centralize their collection of recyclables second to last category is clarifying that applicants requesting an exemption to mandatory mandatory subscription for the Solid Waste Services a must document

1:03:07proof of their solid waste collection and Disposal the way the ordinance currently reads is just a little awkward it says that the applicant must document proof that Solid Waste Disposal Recycling and green waste used by applicant did not constitute a nuisance I believe what was meant is disposal

1:03:24recycling Solid Waste Disposal Recycling and green waste disposal I think I said mechanisms in the ordinance I'll have to look that up but it just wasn't clear and it's the essentially when Property Owners or Bill payers are applying for an exemption we want them

1:03:40to document that the collection and the disposal of all three streams recycling garbage and green waste are as good as or better than what the city is able to provide and then the final category is the the more lengthy it's revising the methodology used by the contractors in

The consent calendar, items 5A through 5C, was moved and seconded and carried unanimously. There were no public hearings.

Under policy matters, Garth Schultz, environmental analyst in the Environmental Services Division who manages the city's recycling and waste programs, asked for a first reading of an ordinance amending Municipal Code chapter 8.12 on waste collection and disposal, last amended in fall 2007. The changes: (1) broaden the definition of green waste to include food scraps as compostable, replacing "putrescibles" (captioned "pretressables"), ahead of the new food scraps collection and composting program starting about July 1; (2) change "contractor" to "contractors," since the city itself collects recycling; (3) delete the unused "unit of standard service" definition and reference special waste; (4) require businesses to maintain recycling containers and let multi-family dwellings use communal recycling containers, with no change in billing; and (5) require those seeking an exemption from mandatory service to document that their disposal of all three streams is “as good as or better than what the city is able to provide.”

10 Stopping service for nonpayment captions 193–209

1:03:59the event residents or businesses fail to pay for collection services and this is a section that was really focused on in the 2007 revisions um in the 2007 revisions removed the ability of the city to place a lien on properties that don't pay in the 50-plus Years prior to that Change Helena never

1:04:19been placed on a property for non-payment of garbage services and there had been an established mechanism that primarily our contractor for green waste and garbage East Bay sanitary had used to make sure that people folks paid and it was essentially if after the bills were

1:04:37due if they hadn't paid their bills garbage collection for that property would temporarily cease and they found that people pay right away um so I believe the intent of the 2007 changes was as it stated in the the um the agenda bill at that time the staff report was to to ensure that we still

1:04:57had safe collection that collection provided for the health and safety of the community but that the garbage company's practice would be something that they could use to secure payment instead of doing something like placing a lien however the section 8.12.090 which pertains to failure to

1:05:17pay currently requires any contractor to continue to provide collection and Disposal Services for occupied residents or businesses unless the city manager authorizes the termination and as this is written it doesn't reflect the the current practice with respect to garbage collection

1:05:33service accounts and doesn't affect the long-standing practice throughout the city over the years so what we're proposing and there's a you can see in the ordinance language itself um in order to ensure a good customer service while protecting the public health and safety

1:05:50um we're proposing revisions that would require um the contractor would provide a grace period service would not be stopped for non-paying accounts until the second scheduled collection day after the payment due date which it should note is actually well this not filling in

1:06:05arrears when a bill goes out it's for the beginning it starts at the beginning of a collection period there the due date is three months out and by that point the the property owner or resident would have received three months of service um without payment yet um so the the grace period would mean

1:06:24that service would not be stopped until after the second day on the second collection day or the second week after the bills would have been due which would essentially be three and a half months worth of service already um secondly the contractor would notify the customer in writing or by phone

1:06:37prior to stopping the service Mark fagoney with East Bay sanitaries here and we've spoken a lot about the these different proposed changes and it's something that they already have as a standard practice and clearly in order to make sure that we we have folks who

1:06:52know that they need to pay and that they're paying it on time and just understanding people's situation we want to make sure that there's contact with them um third the contractor will notify the city manager regarding accounts that do gets collections stopped for non-secured

1:07:08payments and if the collection isn't restarted right away once after 30 days of the the payment due date on the bill ieg if it was a April 1st due date by May 1st we would be notified of anybody who has been stopped and continues to be stopped and then the city we would have

1:07:23the opportunity to investigate whether not providing collection is constituting a nuisance so that we can Abate it or whether maybe this is actually a case where an exemption should be sought and regardless the city would have the opportunity to require that the

1:07:40contractor restart collection service even if payment had not been secured so essentially those sum up our best ability to make sure that we're having folks who pay on time and ensure a low debt load um and ensure that there's cash flow for the collection programs on the whole

1:07:56while making sure the public health and safety is protected just cut out on me um so those are the those are the proposed changes from a financial perspective the ability for the contractors to make sure the payment is made on time and in a timely manner certainly contributes to making sure

1:08:16that rates are kept at reasonable levels without having to compensate for lost Revenue with respect to the food waste composting it's something that's already been included with the current Year's integrated resource recovery facility rates which are not set by the council but by the

1:08:34West County integrative Waste Management Authority board and those are already on the rates the customers line item on their garbage bill for this year they would be to continue the composting program into the next year would entail a small increase that's approximately

The longest change revises section 8.12.090 on failure to pay. The 2007 revisions removed the city's ability to place a lien; in the 50-plus years before, a lien had never been placed for unpaid garbage service, because East Bay Sanitary would temporarily stop collection and “they found that people pay right away.” The current text requires contractors to keep serving occupied properties unless the city manager authorizes termination, which does not reflect that practice.

The proposal: a grace period, with service not stopped until the second collection day after the due date, by which time, since bills go out three months ahead, a customer would have had about “three and a half months worth of service”; notice to the customer in writing or by phone before stopping, already standard practice per Mark Fagoney (as captioned) of East Bay Sanitary; notice to the city manager of accounts still stopped 30 days after the due date, so the city can check for a nuisance, consider an exemption, or require the contractor to restart service even without payment. Schultz said timely payment helps keep rates reasonable. The food waste composting is already in this year's rates set by the West County Integrated Waste Management Authority board, not the Council, and continuing it next year would mean an increase of “around 17 cents per month” per ratepayer.

11 Jones's questions, and the ordinance introduced captions 210–235

1:08:48equal to what they've seen this year and it's around 17 cents per month per rate pair so I'm happy to take any of your questions are there any questions any questions bill just had a couple um the state we're going to be picking up bi-weekly on the oh excuse me uh food scraps we're

1:09:11picking up bi-weekly it's a little confused because I I thought I had uh learned that Weekly is the state requirement uh obviously you're proposing bi-weekly so is there a conflict with the state or did they recently change or am I dreaming this one um it's a common

1:09:35um perception we've been in discussions with the state agency that deals with solid waste managers Solid Waste managers actually a it's a new agency Cal recycles the combination of the Department of Conservation division of recycling and the California Integrated

1:09:51Waste Management board which no longer exists as of January 1 so now it's Calvary Cycles we had a conference call with representatives from Calvary Cycles the executive director of the West County Integrated Waste Management board the legal council for the West County

1:10:07Board um and excuse me the county Authority and also members from the county of you know Contra Costa County itself they're the so-called local enforcement agency which is delegated to each County to make sure that Solid Waste matters are dealt with correct quickly we discussed

1:10:26this with them at length they they want to make sure that it's successful program that we don't have issues with things such as vectors and smells and we're working very carefully to make sure that that's the case but from a legal standpoint we are allowed to set

1:10:40an appropriate collection schedule for our city and that can be a bi-weekly collection for those materials must have been a big conference call it was but it was it was it is a little exciting I think it's what we're able to to provide by starting with a bi-weekly

1:10:57service is say you know if if we're able to do this and and make sure that all appropriate concerns with respect to the collection and processing of this material works out we're going to be able to provide this service at a lower cost of their rate payer than they

1:11:10otherwise would have had to and we believe that it's possible appreciate it next question is let's see here under under four item four on the staff agenda bill about the containers we're talking about the businesses maintaining the containers but they actually don't have

1:11:30to use them right we're talking about having them on premise is that what maintain is that's correct I mean it is to their discretion and elsewhere in the um the ordinance uh Recycling and composting is defined as such as those are the things that the the waste

1:11:49generator sets aside for collection and recycling individually by asking them to keep a container on their property and utilize it the the hope is that they will actually start to utilize it and help to reduce their waste stream and potentially lower the cost overall broadly of collections but

1:12:08there's nothing in here that's requiring that they actually participate though on a Statewide level that's something that may be coming down the line I noticed yeah that in your bill okay down to uh The Collection or stopping of service should a customer not pay and I

1:12:32real you just said that there in 50 years you have this hasn't had to been done so obviously it's being taken care of administratively but my question is though um who there's two of them who if the city manager tells the collection company to collect even though the customer hasn't paid

1:12:54who's ultimately responsible for the bill that's an excellent question um I think let me actually asked Mark to maybe answer a little bit more on this my understanding would be it would continue to accrue on their bill and I think that they would then have their

1:13:10normal out you know I think an additional Avenue of seeking payment which would probably be to take it to collections when they might get part of what they would otherwise be do um that's I think the probably the short answer together could we have the comments at the mic

1:13:35please thanks the language in the code says the property owner is ultimately responsible I think would probably fall on us East Bay sanitary chase down the debt right but understand too it's typically not a problem uh the people that we have that become late that we have to notify I think it's

1:13:55part of the system where we build four months in advance people look at the bill initially realize that it's not due and then it goes away and they forget about it the practice of stopping service jogs most memories and we do not have a big problem with with bad debt

1:14:08most typically our bat debt occurs with uh contractors and Debris Boxes and that kind of thing but as far as the residences go it's it's it's not a big issue great thank you last question I have on this you talked about it uh we're talking about notification of

1:14:26stopping uh collection the contractor will notify the customer in writing or by phone prior to stopping service I would assume although this is why I'm asking maybe I'm is it the there has to be some sort of record saying that the customer actually has received the notice one phone call

1:14:46leaving a voice message probably isn't isn't going to cut it I take it by that you mean that the customer is actually contacted I believe that's that writing or phone that's the intention is to make sure that there's actual contact and understanding I I think there's probably

1:15:05some limitation to that if after three or four phone calls um or it could be a little difficult in some cases to really establish that contact has been made which is one of the reasons I left it a little bit open-ended but the intention would be that there is actually an

1:15:20interaction and as I understand it from Mark I mean most of the time there is a reason um something slipped their mind somebody's in the hospital and the the intention there is just to make sure that most of the time that's actually going to be the conversation that's

1:15:35going to secure payments and make this uh a moot point great thank you thank you okay Ann um sorry quick question Garth um how many people actually invoke the exemption if at all we have no one who has invoked the exemption since it was revised in 2007. okay thanks

1:15:55okay any other questions from the council okay are there any public no speakers no slips okay uh this evening we're considering the first reading of an ordinance amending chapter 8.12 of the El Cerrito Municipal municipal code regarding collection and disposal of waste stream is there an

1:16:17emotion I moved to a proven ordinance of the city of El Cerrito amending El Cerrito Municipal Code chapter 8.12 collection and disposal of waste stream and you and you'll and I'm introducing it by title and waving further reading okay thank you I'm ready to vote okay all in

1:16:40favor please say aye aye any opposition any abstention motion cares unanimously thank you that will move on to item eight on the agenda which is Council assignments and liaison reports I think I already covered my item uh um so um I attended the Wake Tech West Contra Costa Transportation advisor

Called on as “bill,” Councilmember Jones asked whether bi-weekly food scraps pickup conflicts with a state weekly requirement. Schultz called that “a common perception”: in a conference call with Cal Recycles (as captioned; the new state agency replacing the Integrated Waste Management Board as of January 1), the West County authority's executive director and counsel, and Contra Costa County as local enforcement agency, the city learned it may set an appropriate schedule, including bi-weekly, while watching for vectors and smells, which lets it offer the service at a lower cost to ratepayers. Asked about containers, Schultz confirmed that businesses must keep recycling containers but are not required to use them, and said statewide requirements “may be coming down the line.”

Jones asked who pays if the city manager orders collection restarted for a non-paying customer. Schultz believed the charges would keep accruing, with collections as a further avenue, and called on Mark Fagoney (as captioned), who said the code makes the property owner responsible, East Bay Sanitary would chase the debt, and “we do not have a big problem with with bad debt,” most of it from contractors and debris boxes; stopping service “jogs most memories.” On whether a voicemail counts as notice, Schultz said the intention is “actual contact and understanding,” left a little open-ended because contact can be hard to establish. Mayor Pro Tem Chang ("Ann") asked how many invoke the exemption: “no one” since the 2007 revision.

There were no public speakers. The ordinance amending chapter 8.12 was moved, introduced by title with further reading waived, and carried unanimously.

Outcome CarriedunanimousOrdinance amending Municipal Code chapter 8.12 introduced (first reading), carried unanimously; Councilmember Potter absent.

12 Liaison reports: a vehicle fee, the Gilman fields and a jury scam captions 236–252

1:17:07Committee in your stead last Friday and it's a very fun group we made recommendations to support of putting the vehicle license fee of ten dollars for the county on the ballot and gave comments about what we thought the uh a program proportional allocation to various modes

1:17:28would look like and basically it came out roughly 50 percent for vehicles and then 40 or so for Transit and then another 10 for bike ped with with additional comments to to support where whenever possible of the vehicle or the the roadway improvements where they

1:17:50um to prioritize any any overlaps with identified bicycle pedestrian transit route improvements I'm sorry was this the November or the June ballot for November November yeah thank you and there's a series so a whole series of of Bay Area Counties are looking at doing this from San Francisco

1:18:12to um I believe Alameda County are for sure and um there's a coalescing force of counties coming together to share costs and efforts any other reports yes so the other reports that um I haven't been able to make it recently but the I know the design review board has been looking at

1:18:31plans for Safeway and that the conceptual plans were looked at and they actually Wednesday night we'll be looking at um revised drawings for for Safeway and um and you heard the latest with the economic development board thank you um council member Jones yes first of all the jpa for the sports

1:19:00fields at Gilman uh final plans are being made to install the softball field but there is not money available to finish off the baseball field which would finish the project along with some permanent parking and and uh and field field house structures and that sort of

1:19:25thing so um well first things first we did we're waiting just for uh two more permits and then we can start work on the softball field and the uh permanent additional permanent parking that that will be down in the field then we're going to turn our eyes to fundraising and we don't quite know

1:19:49how that is gonna how that's gonna go but the cities did put in money so that the softball field to continue and that was our funding came out of WWE funds actually not the full 25 000 that we had set aside so we'll see how that goes Integrated Waste Management uh we'll be

1:20:11finalizing the contract uh for Waste hauling there coming up in May it's it's due to be renewed in June and that's been going back and forth that's to be honest that should have been taken care of by January there's been some um legalese going back and forth and sideways so they're finally

1:20:35working out the last terms of that and then I wanted to say I should have done it during uh Council communication but I'm serving I had jury duty uh this this morning or turned out all day but anyway uh one of the warnings that they're putting out is people are calling res

1:20:55residents a Statewide scam uh saying that they're uh the jury the County jury department and needing Social Security numbers to uh to finalize their records and apparently the state attorney general and everybody else has been putting out warnings on this so just want to let you know if anybody

1:21:19calls about jury and they need your social security they never ask for the Social Security or any other personal uh information over the phone thank you um yes I I have two uh to to report on the crime prevention committee met on April 14th uh they discussed the May 22nd 2010

1:21:42Bike Rodeo that I announced earlier which is um Saturday May 22nd St John's playground structure from 11 to 3. they also discussed and wanted me to announce the National Night Out Barbecue this is a a planning event on Saturday July 17th one to four at the community center

1:22:07where hosts if you're interested in hosting a national night event you would come during that time frame and and learn about hosting a national night event a National Night Out is a Tuesday August you'd think I have it memorized I think it's Fourth this year but I'm

1:22:28going to check very quickly um the it's first Tuesday it's the third August 3rd this year um and the financial Advisory Board also met on April 14th they reviewed the audit report that was presented to us last council meeting they had questions for staff but they did they moved without

1:22:55proposing any action so they essentially adopted the um the audit report they have the opportunity for some additional questions coming up but they did not take any action on it that that adjourn the meeting until our next and so on Monday May and um thank you all for coming

1:23:30thank you for running up to get that thing

A councilmember who attended the West Contra Costa Transportation Advisory Committee (captioned "Wake Tech") in another member's stead reported support for putting a $10 county vehicle license fee on the November ballot, with a rough split of 50 percent for vehicles, about 40 for transit and 10 for bike and pedestrian, and noted that several Bay Area counties are considering the same. A councilmember reported that the Design Review Board had seen conceptual plans for Safeway and would look at revised drawings on Wednesday.

Councilmember Jones reported that the JPA for the sports fields at Gilman is waiting for two more permits to start the softball field and permanent parking, but there is no money to finish the baseball field and field house, so fundraising comes next; the city's share came from WW funds, “actually not the full 25 000 that we had set aside.” The waste hauling contract at the Integrated Waste Management authority is due for renewal in June after legal back and forth. After jury duty that day, Jones warned of a statewide scam in which callers claiming to be the jury department ask for Social Security numbers; they “never ask for the Social Security or any other personal uh information over the phone.”

A councilmember reported that the crime prevention committee met April 14 on the May 22 bike rodeo and the National Night Out planning barbecue on Saturday, July 17, 1 to 4 at the community center, with National Night Out itself on Tuesday, August 3; and that the Financial Advisory Board, also on April 14, reviewed the audit report presented at the last Council meeting and took no action. The meeting was adjourned to the next meeting in May.

Cross-referenceNational Night Out of 3 August 2010 was recalled on 7 February 2011.