City Council Meeting April 7, 2015

El Cerrito City Council Chamber · 47 minutes · adjourned about 7:50 p.m. · 131 caption units

Council: Mark Friedman, Mayor · Greg Lyman, Mayor Pro Tem · Janet Abelson · Gabe Quinto (absent) · Jan Bridges

Staff: Karen Pinkos, Acting City Manager · Sky Woodruff, City Attorney

Presenting: Liz Ruland, El Cerrito Library · Maria Alegria, office of Assemblymember Tony Thurmond

The library's annual report shows volunteer hours more than doubling and children's program attendance nearly doubling in a building too small for them. Adult school teachers thank the Council, which sends letters urging the state to restore funding for older adults programs; the NAACP announces a town hall on race relations and trust; and Earth Day plans are set.

The Council extends its moratorium on new massage establishments to a full year while staff update regulations after the state restored local control.

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Council action (in Contents)

Contents

6 sections
  1. 01Thurmond's office hours, an organic Earth Day lunch, and Ensuring Opportunity
  2. 02Thurmond's district office, and an NAACP town hall on race and trust
  3. 03Saving older adults programs in the adult schools
  4. 04The library's year: volunteers double, children's programs nearly double
  5. 05Consent, thanks to Hildy Mile, and older adult education letters
  6. 06Massage establishment moratorium extended

01 Thurmond's office hours, an organic Earth Day lunch, and Ensuring Opportunity captions 1–15

0:00:34welcome to the city city council meeting uh please note that all members are present except for council member quinto who is out of town and we will start here we go with the pledge of allegiance to the flag or observant observation of a moment of silence led by council member janet abelson

0:00:59i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all are there any council staff communications uh um but go ahead um yeah i just wanted to acknowledge that

0:01:29assembly member tony thurman launched a satellite office uh here in el cerrito and his office hours uh are on the fourth wednesday of april july and november and that's noon to 4 p.m and so that's would be the dates of april 22nd july 22nd and november 25th and the location

0:01:56is right here city council chambers so thank you all right thank you councilmember abelson yes i wanted to let everybody know that we have earth day here in el cerrito that we observe not on the official day but rather on the nearest saturday which in this case

0:02:22is april the 18th and um it's not too late to sign up for it and we do have lots of work projects one of our works work projects is picking up cigarette butts along the avenue which actually is a really important project to us it helps us with our clean water program

0:02:46and you may not know it but cigarette butts are actually quite toxic and what happens to cigarette butts along the avenue if they don't get picked up is that they get into the water stream get into the creek system storm drain system and go into the bay and where they're very toxic to living

0:03:07things so anyway if you'd like to help us with earth day you can sign up online if you go onto our website you can sign up there or i can tell you an address earth day at ci dot el dash cerrito dot ca dot u s and um if you don't remember until the last minute on saturday at 8 30 or after you can

0:03:36come over to the community center and see what work parties there are and that's at 7007 moser lane and for everyone who volunteers we have a free lunch this year we have something special for our free lunch we're trying to be more and more conscious of our environment so this

0:03:58year we're going it will be first of all all vegetarian and secondly it's almost 100 percent organic we tried very hard to make it organic we've been working with the annex at el cerrito natural grocery and they've tried very hard but there are a couple great ingredients they couldn't get but

0:04:20if you don't like that those ingredients then you can go 100 organic so we're really trying to do the right thing and i'm personally very excited i can't wait to try some of those potatoes with your choice of toppings and we'll also have or i think it's organic

0:04:38chili so please come join us uh again that's april the 18th i've got a couple of quick things first of all we interviewed margot parisi and appointed her to the human relations commission just a few minutes ago i think she'll be a great addition i attended the mayor's conference in

0:05:02penal last week i joined by council members abelson and lyman and there is a very interesting discussion about ensuring opportunity which is a county-wide effort to alleviate and end poverty and i think would be great to have them come make a presentation here one day i

0:05:22thought that was really good uh also council member quinto and i along with chief moore and several of their fellow officers were at the good friday prayer breakfast over at saint peter's cme over on cypress street last friday and that was a really nice event and

0:05:44i was going to mention something but i see that al miller is going to talk about it so when we get to oral communications i want to second what he's going to say about an upcoming event which unfortunately is the same day as the earth day but it's also very important

0:06:00for our city and our region and i'll let mr miller give the details in just a moment mayor if i may just build on one of yours the website for the presentation from the contra costa mayor's conference is cut poverty cc.org you very much okay we'll move on to oral

Mayor Friedman noted all members present except Quinto, who was out of town, and Abelson led the pledge. Mayor Pro Tem Lyman announced that Assemblymember Tony Thurmond would hold satellite office hours in the council chambers from noon to 4 p.m. on 22 April, 22 July and 25 November. Abelson invited volunteers to Earth Day on Saturday 18 April, whose projects included picking up cigarette butts along San Pablo Avenue, which are toxic and wash through storm drains into the bay, with an all-vegetarian, nearly all-organic lunch from the Annex at El Cerrito Natural Grocery.

Friedman said Margo Parisi had just been appointed to the Human Relations Commission, that he, Abelson and Lyman had attended a mayors' conference in Pinole where Ensuring Opportunity, a countywide effort to end poverty, presented, and that he and Quinto had attended the Good Friday prayer breakfast at St. Peter's CME with Chief Moyer and officers.

02 Thurmond's district office, and an NAACP town hall on race and trust captions 16–37

0:06:23communications from the public yes we have a number of speakers for this general period the first of which is maria alegria the district representative from assemblymember thurman's office hello everyone good evening mr mayor honorable mayor pro tem and council

0:06:44members i'm maria alegria i'm the district rep for uh assembly member tony thurman who represents has got the honor to represent your city and thank you very much uh pro mayor greg lyman for making the announcement of our office hours we're really excited that we're

0:07:01going to be here we're going to be meeting quarterly but i just wanted to share just some of the services that we're going to be here for so you can share that with your constituents our constituent services includes any issues around dmv foreclosure prevention

0:07:17programs consumer complaints veterans benefits unemployment and disability insurance state taxes professional conduct and licensing complex complaints and medi-cal and covered uh california so if any of your constituents have issues around that uh they're you know

0:07:35happy free to come and visit i'll be here uh from 12 to four on those dates i also just wanted to also um and i'll send this to the city clerk and and if possible to get on on your website or just distribute it we would really appreciate that the other thing is uh

0:07:54there's going to be an educational town hall that assembly member thurman is hosting next thursday april 16th from 5 30 to 7 that's going to be addressing the issue of chronic absenteeism and this is the first of its kind and he wants to invite all of you if you can

0:08:13attend as we know it's a really important issue because it's linked to ada funding and it's really we're really trying to target the grades k through three so we're going to have a lot of stakeholders that are involved in education and i'm hoping that you can join us and

0:08:33also if cheryl can send you that forward you may have gotten it already we sent it out this afternoon but if you can if she could forward it to you and if you can rsvp and join us we would really appreciate your attendance and support and thank you so much for your time and congratulations

0:08:50to all of you for the fine work that you do thank you thank you very much next speaker is al miller followed by kristen pursley [Applause] good evening mayor friedman council members and staff and thank you mayor it's not often my comments get an introduction from someone and you

0:09:09deserve it so i'm al miller and from el cerrito and as a member of the el cerrito branch of the naacp i would like to inform you that the branch is hosting a town hall meeting on race relations and trust in our community on saturday unfortunately april 18th from 10 am to 12 noon

0:09:31at st peter cme church 5324 cypress avenue in el cerrito el cerrito police chief sylvia maher and richmond deputy police chief alawin brown will discuss what they are doing and have done to enhance race relationships and trust in our communities el cerrito mayor mark friedman will give

0:09:53the welcoming remarks light refreshments will be served where you had your prayer breakfast after the town hall so you all and commun and all the community members are invited to join this event and a rather tragic footnote into the need for continuing communications

0:10:15among the community and with our law enforcement agencies happened in south carolina today where another white police officer shot a black uh man who stopped his mercedes for a outed taillight and ended up claiming that the driver took his taser tried to take his tighter

0:10:35and ran away and the police officer opened up when the black man was maybe 40 50 feet away from him running away from them so fortunately we don't have that serious of a condition and a problem but hopefully this event will provide anyone in the community the opportunity to ask

0:10:58their questions and make their comments etc and have them addressed i would also like to add that in conjunction with council member abelson's earth day announcement that the el cerrito library foundation along with the rotary club of el cerrito and the el cerrito branch of the county

0:11:16library system located here on stockton avenue are conducting a work party at the library as part of the el cerrito earth day celebration uh other volunteers are welcome to join us if they want to help spruce up the la the library most of it will be in cutting trimming

0:11:36uh spreading wood chips etc beautifying outside the library but there will be some long overdue internal cleaning efforts done too and since they'll be volunteering on earth day they'll have the opportunity to come for a almost organic luncheon here at the community center

0:11:56thank you uh if i might um just make a comment uh al to you in your official role with the naacp of el cerrito i think we would all very much appreciate being able to include that as a work site because i think that the work that you are doing by holding that event is totally in the

0:12:17spirit of earth day and so we would be pleased to do that if you think that would be okay with the group and perhaps you could let me know uh i will try i'm okay remember i'm not a member of the organizing committee for the town hall normally uh saint peter's which is you know a little bit different

0:12:37but in that location does do a work party out of there but are unable to do that this year so um this would be a very fitting activity to be one of our sites right uh ann munoz is the organizer of the event for our branch i'll ask her to get in touch with you i'll give her your phone number and

0:12:56email all right i appreciate that thank you thank you uh in concert with the themes and tragedy you just spoke about mr miller i want to recognize that assembly member thurman did about six or seven weeks ago have a forum that i attended with mayors and police chiefs our chief was there from

0:13:18his district which is about seven different cities i think to talk about um such incidents and to proactively work together to make sure that we don't see such tragedies in our very own neighborhood and so i i thank ms alegria for being here and assembly member thurman for his

Maria Alegria, district representative for Assemblymember Thurmond, described the constituent services available at the new office hours, from the DMV and foreclosure prevention to veterans' benefits and Covered California, and invited the Council to an education town hall on chronic absenteeism in grades K–3 on 16 April. Al Miller announced the El Cerrito NAACP branch's town hall on race relations and trust on Saturday 18 April at St. Peter CME Church, with El Cerrito Police Chief Sylvia Moyer and Richmond's deputy police chief, and Friedman giving welcoming remarks; he called that day's police shooting of a Black man in South Carolina a tragic footnote on the need for communication. He also announced a library work party for Earth Day.

Abelson offered to make the town hall an Earth Day site, in keeping with its spirit, and Miller said the branch's organizer would contact her. A councilmember noted that Thurmond had held a forum some weeks earlier with mayors and police chiefs of his district to work proactively to prevent such tragedies.

03 Saving older adults programs in the adult schools captions 38–54

0:13:39leadership and getting out in front and what is a very important uh societal issue next uh kristen pursley followed by maris arnold and janet johnson hello i'm i'm kristin pursley uh i'm with communities organized to support adult school or cosis and i'm also a teacher

0:14:02of english as a second language in the west contra costa and um i just wanted to thank the city council for considering the a letter to governor brown and senator hancock assembly member thurman um asking for support for older adult programs in the adult schools

0:14:24this is uh you know i'm an english as a second language teacher but older adults are really part of our adult school family it's really important to support these programs and um they've been they were sort of railroaded out of their funding um over the last couple of years with

0:14:47very little discussion of their merits and um but there is a statewide movement to save these programs to ask the state to fund them and um and you know i think that people keep thinking that we're just going to give up but we're not going to give up it's really um

0:15:09a vital issue and it's so important that the the the state government hear from the local governments about how the loss of these programs will affect them and as far as i know el cerrito is the only city besides la that's taken a stand like this so thank you so much

0:15:30maris arnold followed by janet jackson johnson good evening mr mayor and council i'm also here to urge support for continued funding for the older adults program i live in berkeley but i also teach in the esl department in west contra costa unified school district

0:15:57um you may be aware that there's sort of an unspoken agenda in this country to wipe out adult ed and privatize it and older adults programming is part of adult education and i hope that of course it doesn't succeed there has been a promise given to the people of

0:16:28lifelong learning and if older adults programming was wiped out that promise would be erased now there are many reasons or many benefits to the older adults programming one is that most senior centers or sites rely on the older adults programming to provide programming to provide the

0:16:58classes and activities most cities do not fund the senior center programs the senior centers have to sort of put it together from older adults programming and volunteers which sometimes are not as reliable as having a teacher from older adults programming coming in

0:17:24another thing is that these programs in addition to classes provide health education and fitness activities which help to cut down on medicare expenses that's also important another thing is that seniors who have given all their lives as taxpayers and supporters of their community

0:17:58continue to give back by volunteering and they often hear of volunteer opportunities at the senior centers at the classes that they attend and the loss of those volunteers would be a loss to the community as a whole one last thing is that when major social roles

0:18:28are as parents and women have been considerably reduced the major challenge really an older age is to find meaningful activity and that is what old direct the older adults programming provides so for all these reasons i hope you will support the letter uh that goes to the legislative members

0:18:56thank you thank you very much janet johnson good evening i'm janet johnson i thank you very much for giving us the opportunity to address you tonight i am with costas i'm a retired teacher from the west contra costa adult school i live just down the block on alameda avenue

0:19:27and i'm here to ask you to sign and send the letter from the committee on aging to governor brown as you probably know i feel like i'm sort of preaching to the choir here but somewhere between 15 and 20 percent of the population of el cerrito is is seniors we have quite a few seniors here

0:19:51and in my own experience of using the senior center over in the annex the senior programs are they are people's lifeline many people this is like what they live for this is where they hang out with their friends this is where they get you know their their day old pastries from the el

0:20:15cerrito natural foods and and um this is this sort of community is so important when the amount of wisdom that our elders have is extraordinary and they as marist mentioned they uh seniors volunteer in programs i know i am a volunteer in the writer coach program and at richmond high

0:20:46and it's like 99 seniors i mean these are you know this is so important and i urge you to to add your voice to the um la city council and let governor brown know how you feel about this issue thank you so much no other speaker slips at this time thank you very much

Three speakers thanked the Council for considering the Committee on Aging's letters to the governor and legislators supporting continued funding for older adults programs in adult schools. Kristin Pursley of Communities Organized to Support Adult Schools, an English as a second language teacher, said the programs had been stripped of funding with little discussion, that a statewide movement sought to restore them, and that as far as she knew El Cerrito was the only city besides Los Angeles to take such a stand. Maris Arnold, also an ESL teacher, said senior centers depend on these classes, which provide health education and fitness that reduce Medicare costs and connect seniors to volunteer work. Janet Johnson, a retired adult school teacher, said 15 to 20 percent of El Cerrito's residents are seniors, for whom senior programs are a lifeline.

04 The library's year: volunteers double, children's programs nearly double captions 55–87

0:21:17and thank you for all the speakers who spoke on item 5f that is on our consent calendar so we're about to pass it but you might not notice it especially so i want to call that out and i would like to pull that just for the purpose of making a comment no problem at all and

0:21:33we're also pulling item 5e which is the joint application with eden housing so first we have our presentation from the el cerrito library an update from liz rulin senior community library manager yes excuse me there's a little button on the bottom there you go really good evening mayor friedman and

0:22:10remember members of the council and city staff thanks so much um for making time for me this evening again my name is liz ruland and i'm the manager of the el streeter library as well as the rodeo library and this timing for tonight's update is fitting because next week is national

0:22:27library week and so i am happy to report on uh the last year at the el cerrito library so that's a little hard to see uh the oh great thank you um uh you have it i believe also in paper but this is our annual report it's dated 2015 but it's actually a report on last year and i'm going to use

0:22:50this as a springboard for my talk tonight i'd like to highlight in particular a few things you see on the report one thing uh first of all is that our most borrowed item last year was james and the giant peach so from the very beginning the el cerrito library of course supports the

0:23:08community's love of reading and great literature you can't do a lot better than roald dahl uh so to highlight other things from our annual report first of all at the library we have a vibrant and critical volunteer program i'm going to talk a little bit more about that um

0:23:26but we've had great successes with that last year we also have strong community support this comes in various formats um the little list there in gray includes of course the support from the city of el cerrito which is critical it keeps our hours up maintains our building etc

0:23:47the support from the friends of the library is central to everything we do in 2014 they gave the library twenty thousand dollars that went towards about doubling our budget for books and other materials and supported most of our paid library programming so we really could not do

0:24:08without the friends um also we have the foundation um which is helping us and and working with the city in our efforts towards a new library and i also want to um just highlight the el cerrito community garden network last year we became the first contra costa county library with a seed lending

0:24:29library i'll talk more about what we're doing with the garden network in just a moment also central what we do are enriching children's programs which promote early literacy as well as supporting steam learning steam for those of us i'm not not directly involved in

0:24:49in uh kids education is science technology engineering arts and math and also we have cultural and educational programs for adults so uh just working down the annual report we see here for our free library programs we served over 8 600 people last year so turning back to volunteers

0:25:17this is just a simple chart that shows the increase in the volunteer hours over just the last two years it's more than doubled we started with about 1100 volunteer hours in 2012 and in 2014 we were up over 2 500 hours in the year um volunteers help us with all kinds of work in the library

0:25:39they they shelve items they help us meet in the library they help with our esl conversation group our homework help we really couldn't do without them and i think the increase in volunteer hours shows the real commitment to the library among our community members

0:26:03in addition to the friends and the foundation a major supporter of the library has been the rotary club of el cerrito pictured here we see the sip and savor event that was in october and after that they made as a result of that they made a very generous donation to

0:26:20the foundation and as mr miller mentioned the rotary is also helping us with our earth day clean up and spruce up of the outside of the library so we really appreciate their their efforts and support of the library sort of the jewel in the crown of the el cerrito library is our children's

0:26:40programming here we see our wonderful wonderful children's librarian erica thatcher i've had the pleasure of working with many children's librarians over the years and erica is just really cream of the crop if you haven't had a chance to come by and see one of her story times

0:26:58monday afternoons or thursday mornings you don't have to be a parent of a young child or a young child to enjoy them they really will put a smile on anyone's face so um in addition to children's uh sorry to story times we also have afternoon and weekend um steam inspired programming for example

0:27:18saturday every saturday morning we have a science story time for our younger children and after school we have a variety of sort of steam related programs including in the coming months we'll be having a 3d printing workshop for after school kids and teens so it's it's all kinds of fun at the

0:27:42library after school we also have homework help um the homework help is offered by el street ohio volunteers who help their younger community members the after-school elementary school children with their homework you know simple math help english help etc erica and the rest of our children's

0:28:04staff also do outreach to local schools this includes getting library cards into the hands of almost all elementary school students by the time they are going into third grade and uh promoting our summer reading program etc eric also does a monthly story time at

0:28:26the contra costa first five so we see how crowded her story times are and um i really like this picture because to me it i imagine eric is saying wow there are a lot of people in a small space and in fact that is what we have at the library um she can have upwards of a

0:28:47hundred hundred ten people attending her story times and and it is just right there in that that children's area in the library and just a sweet picture of some of our after-school students from fairmont elementary next door like our volunteer program of late our children's programming has

0:29:09grown substantially in the past few years so we see 2012 we're a little bit over 4 000 and in 2014 we had over 7 500 attendees at our children's programs we do also offer adult programs and currently we have a wonderful program going on called the big read this is funded for

0:29:36west county libraries through a national endowment for the arts grant the book that has been selected is tim o'brien's the things they carried for those of you who aren't familiar with it it's a really engaging collection of related short stories about one platoon serving in vietnam so

0:29:55we have a variety of programs built around this throughout april and may and i want to give particular thanks to rialto cinema cerrito who has very graciously offered to loan the library the theater for the evening of may 7th at 7 15 and we're going to be showing a film entitled the

0:30:22beautiful country it's a really wonderful story and beautiful film about one one of the impacts of the vietnam war we also have a program this coming friday at contra costa college in which word for word performing arts group will be performing selections from the things

0:30:44they carried two of the stories if you're not familiar with word for word they uh they make plays from works of literature and in the plays they actually say the words of the text word for word it's really a very interesting format for theater um and finally i want to thank um again the

0:31:07el cerrido community garden network we have an upcoming series of monthly gardening programs the last or the fourth saturday of every month 2 p.m and it's going to be various topics all related to um gardening in el cerrito natural gardening in el cerrito so mulching seed

0:31:26saving organic gardening etc so thank you very much for your time i appreciate it any questions and i do you have one i just have a comment please comment um i'm very impressed by the what you've been describing as the activities of the library in recent time and it's very exciting to

0:31:51me to see the different areas that you've been working on and i think that our community is a much better place because of it and so i just want to say thank you that i think we all appreciate the opportunity to um have our not only our children but our adults um experience this kind of learning and

0:32:15i think that's that's a perfect environment too bad it's not bigger that we can work on that well i'd like to echo those sentiments and say you and your staff and the volunteers are great examples of doing more with less but we hope to get you more so you could

0:32:33do even more in today's thank you thanks so much thank you thank you very much um we are lucky to work with a wonderful staff at the el cerrito library and to serve a wonderful community it's it's really just a pleasure working in el cerrito and we're all having fun and we hope

0:32:50some time to have fun in a better facility but for now it is it is just a matter of um doing what we can with what we have and it we're having a good time so thank you very much thanks a lot all right now we will move on to the consent calendar which will consist of

Senior community library manager Liz Ruland presented the El Cerrito Library's annual report for 2014, ahead of National Library Week. The most borrowed item was James and the Giant Peach. The Friends of the Library gave $20,000, about doubling the budget for books and materials and funding most paid programs; the library became the first in Contra Costa County with a seed lending library, with the El Cerrito Community Garden Network; and free programs served over 8,600 people. Volunteer hours rose from about 1,100 in 2012 to over 2,500 in 2014, and children's program attendance from a little over 4,000 to over 7,500, with children's librarian Erica Thatcher's story times drawing up to 110 people in a small space.

She described STEAM programs, homework help by El Cerrito High volunteers, outreach that puts library cards in nearly all elementary students' hands by third grade, the Rotary Club's donation to the foundation after its Sip and Savor event and its help with an Earth Day cleanup of the library, monthly natural gardening programs with the garden network, and the Big Read of The Things They Carried, including a film at the Rialto Cinemas Cerrito on 7 May. Councilmembers praised the staff for doing more with less in a space that is too small, and hoped to give them more.

05 Consent, thanks to Hildy Mile, and older adult education letters captions 88–97

0:33:08items five eight minutes 5b earth day proclamation 5c calendar years 2012 2013 growth management program compliance checklist gold fire 5d goldfard and lippmann contract amendment we're skipping 5e and 5f then also on the consent calendar 5g annual report for landscape and lighting

0:33:37and 5h quarterly investment report do i have a motion go ahead i'll move the consent items of 5a through 5d and 5g through 5h second moved in seconded all in favor signify by saying aye aye motion cares unanimously we now move to item 5e yes i requested to have this pulled off

0:33:59because um hildy mile is leaving us and i wanted to acknowledge the great work that she's had while she's been working here and i know she's not here but i wanted to at least acknowledge that all the work that hildy's done for us and hope that staff can pass our sincere

0:34:18regrets that she's leaving or our sincere appreciation that for all the hard work she did for us um i'll be happy to pass that along to her but you do get one more time to see her she will be here at your meeting on the 21st which will be her last night to present the housing element oh great

0:34:34thank you all we'll take it i will also pass it on yes with that you have a motion uh move uh that we adopt item 5e second moved in second and all in favor say aye hi hi motion cares unanimously on to 5f council member abelson yes i just wanted to use this as an opportunity

0:34:57to first of all thank our own committee on aging for bringing us this uh these letters um because they really are very important and they're not the always the easiest thing in the world to draft so i want to thank you and i do notice that there are a number of our

0:35:16members here tonight and i want to thank you for coming tonight and um it's a really important area and i'm i am sad to hear though that we're only the second city in our very large state to be doing this that's you know that's you know not really i guess what i would call acceptable

0:35:38because it's so important in the lives of so many people and um so i would hope that we all use this as an first of all i hope that we pass this but secondly i hope that we use this as an opportunity to spread the word to other people that we know and um you know try to make it

0:36:00a change so that in fact uh we can retain these vital services that's all i wanted to say why don't you make a motion so i move an adoption of item um f which is a letter letters of support of continued funding for the older adult education programs in the california state budget

0:36:23second moved in second and all in favor say aye aye aye motion carries unanimously i want to echo the comments of council member abelson and i will enthusiastically sign you these letters before i leave tonight all right moving right along to public hearing we always get this beautiful

The consent calendar, including an Earth Day proclamation, the growth management compliance checklist, a contract amendment and the landscape and lighting annual report, passed unanimously. A councilmember pulled the joint application with Eden Housing to thank housing manager Hildy Mile, who was leaving; staff said 21 April, when she would present the housing element, would be her last meeting, and the item passed unanimously.

Abelson thanked the Committee on Aging for drafting the letters supporting continued state funding for older adult education programs, regretted that El Cerrito was only the second city in the state to act, and urged everyone to spread the word. The letters were approved unanimously, and Friedman said he would enthusiastically sign them that night.

Outcome CarriedunanimousConsent items, the Eden Housing application and the older adult education letters approved unanimously.

06 Massage establishment moratorium extended captions 98–131

0:36:50lavender script for public hearings to make sure i make as few errors as possible and i always have mayor pro tem lyman to keep me on the straight and narrow if i veer from the script i was told it was my job a dirty job but somebody has to do it okay i will now announce a public

0:37:08hearing on the extension of the massage establishment moratorium and we will start with a staff presentation from sky woodruff city attorney thank you mr mayor before you tonight is the proposed adoption of an urgency ordinance which would extend an existing moratorium on the issuance of business

0:37:30licenses building permits land use permits and other approvals for new massage establishments and the relocation of existing establishments the council will recall that you adopted the moratorium in february for an initial 45 day period the purpose of the moratorium is to

0:37:45allow staff time to develop appropriate land use and operational regulations for these types of businesses in light of a recent change in state law that returned regulatory authority to local governments after a period of time in which the state had basically made it

0:37:59possible for such establishments to get certification from the state and not be subject to local regulation the proposed ordinance would extend the moratorium for 10 months and 15 days so that would bring it to a total of one year and if necessary the city council

0:38:16could extend it again for another year for a total of moratorium of two years existing massage establishments would be able to continue to operate and could obtain building permits for emergency and safety repairs and staff recommends the adoption of the ordinance

0:38:33just as a little bit of background the city council approved and there is still in the municipal code a set of regulations requiring permitting and other requirements for massage establishments that was adopted in 2007 it also regulated operational aspects of massage

0:38:52establishments and it provides a means for the city to limit criminal activity that's masquerading as a legitimate therapeutic practice in 2009 as i mentioned the legislature changed state law and effectively removed local regulatory authority over massage as long as a business and individual

0:39:08massage therapists were certified by a new state entity excuse me last year the legislature amended the law which went into effect january 1 that restored local control over these types of businesses the city council approved an initial moratorium to maintain the status quo basically

0:39:26leave everything in effect as it is right now to provide staff with an opportunity to look at the new state law um the city's existing regulations uh potential amendments the municipal code to improve regulation of massage establishments and to try to coordinate those regulations with

0:39:44the zoning ordinance and changes that have occurred to land use regulations since 2007.

0:39:51since the since the adoption of the initial moratorium staff in my office have been reviewing the state law we've looked at the city's existing ordinance we've been examining the current massage establishments that are operating in town we've begun the process of researching

0:40:09other regulatory approaches so that we can look at how to make those changes if necessary to the municipal code and the zoning ordinance the reasons for continuing the moratorium are the same as those that were look for initial adoption and are described in the written staff report

0:40:25for tonight and for the initial adoption of the moratorium the moratorium requires a finding that there is an immediate threat to the public health safety and welfare and the basis for um though that finding is included in the written staff report it's in the resolution in the ordinance that's

0:40:42before you tonight and it was included in the or in the res in the ordinance and the staff report for the initial adoption of the moratorium uh the basis for the threat to the public health safety and welfare remain in effect and they have we have not yet had an

0:40:55opportunity to craft a new legislation that would address them and therefore the continuation of the moratorium satisfies the legal requirements um so as i noted um the before you tonight is an urgency ordinance to continue the existing moratorium um because it's proposed as

0:41:14an urgency measure um two readings are not required the city council may simply adopt the ordinance the ordinance will go into effect immediately and as i noted continue for 10 months and 15 days we will report back in that time and have so will provide you an opportunity to

0:41:32either adopt new legislation or continue the moratorium as necessary if you have any questions i'm available any questions uh i just had one question if if someone already had a business permit after tonight should this pass are they not allowed to even though the

0:41:49permits polled are they allowed to have go forward with the business if it it would depend on what they had already received depending on which types of permits had been approved and where they were in the process they might be it might be possible for them to open the business

0:42:08um but but for them but the issuance of new permits um uh is frozen we would continue to process them if that was their choice but we would and we would work with them to make a determination about whether or not they wanted to have those continue to be processed even though we wouldn't

0:42:23be in a position to approve them and i'm not sure how many inquiries there have been but after the meeting in february i was approached by um somebody looking to open a new business and they have spoken with the community development department one yes thank you thanks councilmember lyman

0:42:41yep two quick questions um the you i if i heard your your presentation correctly the muni code that we had established back uh earlier we did not adjust it in 2009 when the state put their law in place so though that's still on the books in and wasn't changed and

0:43:00in some ways is a in effect as of january one when local when control was returned to local jurisdictions that's correct and that's part of the reason for proposing the moratorium and proposing its continuation tonight is that you know an eight-year gap in time

0:43:15means a lot of things have changed including land use regulations in the city we felt that it was important to take this opportunity to freeze the status quo and look at both changes in the operation of massage establishments how they actually work in el cerrito look at the changes in land

0:43:33use law and similar kinds of changes over the last eight years and figure out what would be best for the city and my second question is um i think we allow again you said this in testimony the issuance of permits for emergency or emergency related repairs and i i thought your

0:43:50testimony suggested that i would find the definition of emergency or emergency related in here and i'm not i'm not certain if you could highlight that so that people who who are running these establishments if they need to make electrical socket changes or some other

0:44:10type of improvement that's needed to keep their business safe that they would know who is what they need to submit and uh what language they're trying to meet um the ordinance doesn't contain um a definition of emergency it's just it's just called out as an exception

0:44:30um and that's that's the basis of my question so who defines emergency and emergency related and how what what documentation would they need to put in place to to demonstrate emergency and emergency related the community development department and the building division

0:44:43would make that determination i mean but i think that that what we had talked about was broken water pipes that required a building permit to repair water heaters that are cold and not working and electrical safety issues um along those lines i mean i think it's fairly

0:45:00straightforward what we're talking about things that have a life safety element to them or are necessary right health or necessary for the actual continuation of the business good thank you okay i think that's it for questions i will now open the public hearing do we

0:45:14have any public testimony i have no request to speak mayor move to close the public hearing okay moved in seconded all in favor say aye all right hi the public hearing is closed now if there are no further comments i will entertain a motion a move an emergency excuse me an urgency ordinance

0:45:34of the city of el cerrito making findings and extending a temporary moratorium on the establishment a relocation of new and is an existing massage establishments for 10 months and 15 days to become effective upon the expiration of the current moratorium second moved and seconded all in favor say aye

0:45:54aye motion carries unanimously many thanks to the city attorney for your excellent staff work on this and clear report we now move on to any council local and regional liaison assignment reports think we kind of had those before huh all right we are going to adjourn but

0:46:18first i want to recognize and thank the acting city manager karen pinko sitting in for scott hannon who was on a family vacation that had to be scheduled right now during spring break and thank you very much for your service standing and we are adjourned you

City Attorney Sky Woodruff presented an urgency ordinance extending the February moratorium on new or relocated massage establishments by 10 months and 15 days, to a full year, which the Council could extend again for another year, to two years in all. A 2009 state law had largely removed local authority over certified massage businesses, and a change effective 1 January restored it; the city's 2007 regulations were still on the books, but eight years of changes in land use law called for review. Existing businesses could continue and obtain permits for emergency and safety repairs. Asked about pending applicants, Woodruff said it would depend on which permits they already had; new permits were frozen, though staff would keep processing applications if applicants chose, and someone looking to open a new business had approached the city attorney after the February meeting.

Lyman asked who defines an emergency repair; Woodruff said community development and the building division would decide, citing examples such as broken water pipes, failed water heaters and electrical safety problems. With no public speakers, the ordinance was adopted. Friedman thanked Assistant City Manager Karen Pinkos for serving as acting city manager while Scott Hanin was on a family vacation.

Outcome CarriedunanimousUrgency ordinance extending the moratorium adopted unanimously.