Regular City Council Meeting July 19, 2016

0:00:10you thank you are you okay good evening everyone i'm going to call to order the regular city council meeting of the city of el cerrito on tuesday july 19th here in the city council chambers we will move on to let the records show that all five council members are

0:01:36present we'll move on to item one which is a pledge of allegiance to the flag or an observation of a moment of silence please join us i pledge allegiance [Music] which it stands nation under god indivisible with liberty and justice we move on to item two which is council

0:02:07and staff communications some of you may have noticed that i was silent during this pledge of allegiance and that is because of all of the violence that has been occurring in our nation we've we've lost a number of lives in the last two weeks and that i would like to

0:02:23acknowledge them with a moment of silence philando castile alton sterling officers brent thompson patrick zamper nia michael kroll sergeant michael smith sergeant corporal lauren aherns officer montrell jackson officer brad garafola officer matthew gerald and lastly

0:02:49student nick leslie who lost his life in nice now on to a happier note ms pinkus to put you on the spot you have you have at least one happy note tonight we do i would like to introduce a very welcome addition to the city our human resources division kristin cunningham

0:03:16she is our senior human resources analyst all right she comes to us from costa costa county and she just recently completed her mba at cal state east bay so we are really happy to have her so thank you great thank you any other staff announcements i've got one that i'm going to read uh

0:03:37there was an earlier announcement that potentially we tonight we were going to have a discussion about the master fee schedule that's been rescheduled to august 16 2016.

0:03:48any other council or staff communications miss abelson yes the only thing i'd like to mention is the centennial committee has been meeting uh getting together preparations for to celebrate our 100th year anniversary and i just wanted to say at this time that one of the things they pretty much

0:04:12decided to do is to have a gala event which i believe consists of a weekend different events and then have events throughout the year and then each month would be one event and then another event and so if you belong to a community group of some kind and you're

0:04:36interested in participating then please contact suzanne yarla and on staff about that or anyone else you know to contact on staff and they will see that your information gets forwarded thank you great any other communications seeing none we'll move to item three

0:05:05oral communications from the public my understanding is that there are about 45 to 50 people who would like to speak this evening our traditional uh time limit is three minutes per speaker however that would be almost two hours or three hours of testimony this evening

0:05:25so i'm going to ask if you can to try and limit your remarks to two minutes so that this evening we can get to all the business that we need to try and do so any person wishing to speak should sign up with the clerk hopefully you've done that i know we have roughly four

0:05:40speakers on this item three and uh remarks are typically limited to three minutes but this evening if you can keep them to two we would appreciate that kindly state your name and city of residence for the record comments regarding non-agenda items and presentation and consent calendar items

0:05:56are available at this time we have a lighting system to help remind you thank you cordell and it is right here in the front where miss pincus is standing and it will a green to start yellow means you have less than a minute and red i will ask you to start winding up your

0:06:19comments so at this time we will and the other thing we're going to do is we'll read names and we'd like you to do is assemble behind the podium so to reduce the time as much as possible between speakers so would you please read the first three names yes we have four speakers out for

0:06:37general comment cordell hindler followed by bill pinkham nicholas arzio and rebecca milliken so uh mayor lyman uh council members i am codell handler i'm a board member for park plaza neighborhood association i will tell you a story uh last month at approximately 9 15 in the

0:06:57morning i got pulled over by an el cerrito police officer he has mistaken mistakenly me for a criminal and i am not a criminal i just feel that my rights was violated and this happened like early in the morning and i was like i was so scared about it and i was like

0:07:16it makes me feel it makes me feel angry that uh that an el cerrito police officer stopped me in the middle of the day i was not very thrilled about it so i said i was like mistakenly for a criminal and i'm not a criminal i told him i say he said that the description was a a a a

0:07:34person um was like he said i he thought i was like robbing a a store or something i was like i felt my rights was violated so i was like i told the chief about this uh in an email format and i said i feel that my rights was violated and i was like i was very hurt what he did

0:07:52this happened like early in the morning around 9 15 and i was like i was deeply disturbed about the whole thing so i would hopefully that the city council will like to take my matters into consideration so that way i will be very happy about it thank you thank you

0:08:10bill pinkham followed by nicholas arzio uh good evening i'm bill pinkam and your neighbor over here in the richmond annex uh naturally i uh go through el cerrito a lot and the border guards know me and they just waved me through most of the time i'm speaking i'd like to speak on

0:08:31item f of the the air quality management district seriously there are there's a couple of things that we share uh besides our border and one of the main things is the air this um endorsing this revolution resolution uh is mainly to cap the emissions on the refineries we're not

0:08:56trying to interfere with their production or reduce the emissions at this point but since they may be planning to refine very heavy tar sands fuel which has a lot of sulfur in it which is what eroded the pipes in chevron and and caused the fire and explosion we want to make sure they don't increase

0:09:19the emissions of course the other thing we share is uh the planet and uh we wanna put a cap on the greenhouse gases and uh your environmental quality uh committee endorsed it and so far berkeley richmond emeryville um san francisco i'm forgetting one have all endorsed it

0:09:45and i i certainly hope you do too thank you great thank you i'm al miller followed by nicholas arzio and rebecca milliken excuse the speed good evening mayor lyman council members and staff last saturday and sunday i was one of the over 100 people participating

0:10:02in the ulcerative relay of life one of the annual fundraisers of the american cancer society the event at cerrito vista park was very successful raising over twenty three thousand eight hundred dollars in my opinion was even more successful as a community building event

0:10:20there were 11 or so teams reflecting the diversity of our community the el cerrito police department employees benefit association team was recognized for raising the most funds there was a team of gauchos from el cerrito high school while the most enthusiastic and energetic team was the

0:10:37superhero team riri from oakland playland not at the beach also had a large team which provided much of this event leadership i participated as a member of the team step by step organized to honor cancer survivor kathleen glenn of the glenn frame shop on stockton avenue

0:10:58i want to thank you and all the city staff involved for the support the city of el cerrito provides to this event as the event leader said at the closing ceremonies this event would not be possible without the generous support of the city of el cerrito would also quickly like to highlight

0:11:15another great community building event and this is the el cerrito rotary club's sip and savor event which again the elsewhere library foundation is proud to have been invited to partner with them again save the date october 16th that's a sunday afternoon from 2 30 to 5 30. the events up at the

0:11:38mira vista country club and somehow they arranged to have beautiful beautiful sunny afternoons for that event but it's a great place to meet and greet a lot of friends in the city and encourage you all to find more information at all one word el cerrito rotary.org

0:11:59or elseradalibraryfoundation.org thank you right the date was october 16th yes yes great nicholas arzio followed by rebecca milliken and michael ray wisely please good evening i'm nicolas sarzio and i have two comments to make today the first uh i'd like to speak on behalf

0:12:20of another resident theodore helmik who applauds the city on the use of the flashing crosswalks along san pablo avenue and requests that an additional flashing crosswalk be added on the crosswalk at portola and san pablo avenue there's a lot of people crossing there and it is

0:12:38an unsafe crosswalk so please take that into consideration second comment has to do with playland not at the beach as many are aware playland is struggling financially and could really use our support they face closing at the end of the year unless they can raise the large sum of

0:12:54money a gofundme.com account has been opened to raise funds for that purpose as we know playland is an irreplaceable magic place for children and if it was lost i don't think there would ever be another like it again thank you great thank you and rebel rebecca milliken is actually

0:13:13last speaker good evening my name is rebecca milliken and i live in el cerrito i want to thank council for your leadership on sustainability and climate initiatives here in el cerrito and your support for regional efforts such as the nocol campaign in oakland tonight i urge you to adopt a resolution

0:13:34urging the bay area air quality management district to present the community worker alternative for its rulemaking tonight we have an opportunity to lend el cerrito's voice to the community environmental and health organizations labor unions and municipalities already

0:13:50mentioned that are supporting the community worker proposal it's critical that our elected officials serving on the back mid board hear that the municipalities support them in their effort to move this proposal forward it's been a long hard push i also speak tonight as a parent on

0:14:07behalf of my son who suffers from asthma along with thousands of other bay area children and community members the community worker proposal presents a real opportunity to prevent worsening air quality and increased ghg emissions from tar sands processing tonight we have an opportunity to

0:14:25support a climate forward solution and protect community and worker health thank you thank you seeing no other speakers we'll move on to item four presentations there are none this evening we'll move on to item five i'd like to pull item five e for discussion so i'm looking for a motion

0:14:44for 5a national night out proclamation a national night out is the first tuesday of august national night out is when our community comes together in almost 30 different parties around town so if you want to get to know your neighborhood and reduce increase our communications with each

0:15:04other please find your local national layout party 5b i-80 central avenue interchange improvement project 5c payment of el cerritos share to the west contra costa integrated waste management authority 5d the ohlone greenway bart station area access safety and placemaking

0:15:22improvements 5f urge the bay area air quality management district to adopt the community worker alternative in rule 12-16 5g support for the safety for all initiative 5h which is a committee on aging recognition recommendation 5i urging support of the resolute restoration of adult education funding

0:15:43to the california state budget and 5j amendment to the summer 2016 city council meeting scheduled we will be previously approved on june 21st this one uh will reschedules the august second meeting uh for 7 p.m so i'm looking for a motion for 5 a through 5 d 5 f through 5j awesome

0:16:10no i just wanted to move that yeah okay so motion by appleson second second by friedman all those in favor please say aye aye um i'd like to i pulled 5e for the purposes of congratulating uh the the team of holiday development and bridge housing corporation they have uh that we are entering into

0:16:33and with our action tonight we will be entering into an exclusive negotiating rights agreement with them uh for the mayfair block which is the almost two acre area uh north west of the bart station and i see them filing in so they can be acknowledged um i i want to thank you

0:16:53and most notably the bridge housing corporation component of this uh does bring a and i think it's 33 let me shout out if i've got it wrong 33 affordable housing units 68. 68 affordable housing units to el cerritos so i want to thank you for your and that that that is the purpose for

0:17:24for pulling this items to really just to thank you and and wish you the best of luck in bringing a project forward that succeeds the vision that you guys have put forward in your proposal i'll move resolution of the city council of the city of el rito designating

0:17:38holiday development llc and bridge housing corporation jointly is the proposed developer for development of the mayfair block and authorizing execution of an exclusive negotiating rights agreement with holiday development llc and bridge housing corporation sarcam

0:17:55motion by friedman segmented by bridges all those in favor please say aye aye let the record show it pass unanimously thank you very much [Applause] all right uh that brings us to item five to item six 6 we have item 6a which is a fire hazard abatement hearing and

0:18:21i've got to get my script out we have several public hearings we have three public hearings tonight the general format will be that we open the public hearing we will have presentations and then we will close public hearing for deliberations by the council so this is public hearing number one

0:18:44item six a uh we so the whole item is uh a is to adopt a resolution declaring that weeds rubbish litter or other flammable material on certain real property identified in the resolution constitutes a public nuisance this item is exempt from sequa and we will conduct a public hearing

0:19:03upon conclusion adopt a resolution overriding objections by property owners and ordering the city manager or his designee to abate certain public nuisance nuisances pursuant to el carita municipal code chapter 16.26 our captain renshaw good evening honorable mayor city

0:19:23council members i'm captain chris renshaw your fire prevention officer and i'm here tonight to provide an overview of the annual weed abatement program and introduce two resolutions the first resolution will be declaring el cerrito properties identified in the revised exhibit a as a fire hazard and

0:19:38public nuisance for the purpose of abatement the second resolution is ordering the abatement of properties declared a fire hazard and public nuisance in the prior resolution these properties are also identified in the revised exhibit a so quick overview this year i started

0:19:53inspecting properties on may 9th 369 properties were found to be in violation after working with property owners and conducting several re-inspections i'm happy to report tonight there are only 24 properties to be declared a public nuisance so i will continue to work with the

0:20:10property owners in an attempt to mitigate all violations and properties to avoid any forced abatements and i'm available to answer any questions if you have any great questions nope no no i've got uh two roughly how many of these names were on the list last year

0:20:28uh how many exact addresses or less draw approximately because a lot of these look familiar to the list from last year there's a decent amount about half is my guess and then i know from many years of experience now that this ends up only being about seven properties that we actually have to

0:20:54abate most of these property owners will abate their property between now and and the next time we come see you to levy means against their property correct so so you are expecting this list to go down again substantially yeah so we send out one additional letter we give them

0:21:10another opportunity and then again i i do my best to work with property owners and make every attempt to work with them to have them do the work so that we don't have to pay the properties great um and that brings me to i would like to find out if there are see do we do the

0:21:30motion first can we get public let's open it for public comment at this time i have no speaker slips for those speakers okay um can i get a are there any additional questions from council no public testimony can i get a motion to close the public hearing please i'm

0:21:45sorry mr mayor first there's adoption of the resolution oh uh which resolution do you need declaring um weeds robots so we need that motion prior okay so move to adopt a resolution declaring weeds rubbish litter and other inflammable material and certain real property identified in the resolution

0:22:02constitutes a public nuisance second great all those in favor of motion made by bridges segmented by abelson all those in favor please say aye opposed seeing none let the record show it passed unanimously now i open the record for anybody who wants to contest that

0:22:19declaration okay so we are now open for the public hearing no speakers no speakers i have a motion to close uh some move second uh motion by bridge is closed uh segmented by abelson all those in favor of closing the hearing please say aye aye any additional uh any additional deliberations on the

0:22:40matter no okay looking for a second motion this one will um vote on resolution overriding objections and ordering the actual abatement i move that we um make a motion and vote on the resolution overriding objections and ordering abatement on the revised list correct list which

0:23:03is in yellow thank you the revised list has been presented to the council uh made by abelson seconded by friedman all those in favor please say aye aye opposed extensions let the record show passed unanimously thank you with that we will now move on to item 6b again another public hearing item 6b is

0:23:26the appeal of the planning commission's approval of amendments to a conditional use permit for the summit k2 charter school located at 1800 elm we we now have announced the item we will have a staff presentation uh questions from council with regards to that staffs

0:23:43presentations we will open the public hearing at which the appellant will have remarks uh 15 minutes questions from council to the appellant applicant rebuttal 15 minutes questions from the council to the applicant public testimony additional questions the council may

0:24:02have as a result of public testimony uh or any other issue motion to close and then deliberations on any uh possible actions and motions that is our sequence of events with that mr nice to meet you yes sorry uh i'm recusing myself on this item because the foundation i work for gave a grant to

0:24:22summit to assist with startup costs for the school so in order to avoid any appearance of partiality i'm recusing myself on this agenda item and as is our protocol i will leave the chambers but i'll return after this agenda item thank you great thank you let the record show that

0:24:40uh council member friedman is leaving as i hear the door click i'll introduce you mr moss all right we have a presentation tonight by staff member sean moss thank you mayor lyman council members sean moss senior planner um so i do have some uh slides up on the projector tonight they're mostly sort of

0:25:11visual aids as i go through the presentation so i'll probably be flipping back and forth through the through the sides a lot so the site at 18 under at 1800 elm street has been operated as various institutional uses since 1935 uh an in-depth land use history of the site

0:25:28it was included as an attachment to the agenda bill that's in your packet i can go into more detail on that if necessary um as far as the recent legislative history of the site there was a master plan approved for the previous operator windrush school in 2007 a mitigated negative declaration

0:25:47pursuant to the california environmental quality act was prepared at that time and certified windrush school ceased operation uh in 2013.

0:25:59um the current operator of the site summit k2 began operation uh under the conditional use permit that had been approved for windrush school in compliance with that use permit in 2014 with grade 7 and they now have grades 7 and 8 on the site in 2015 the planning commission approved

0:26:19minor amendments to the conditional use permit to allow all of the classes to start at the same time in the morning and to align the school calendar with the calendar of other schools in the west contra costa unified school district uh in 2000 in january of 2015 the

0:26:40applicant submitted an application for amendments to the conditional use permit um so that is the chart that is in front of you right now um so the the um amendments that they are seeking or the following um an amendment to the allowed primary hours of operation or the the school

0:26:58hours um what is allowed right now is is eight in the morning to three in the afternoon what's being proposed is eight in the morning to 3 30 in the afternoon an increase the second change is an increase in the maximum enrollment of students that's permitted during the

0:27:13regular school year the existing maximum is is 347 students with the applicant is proposing a six as a maximum of 630 students they're also proposing to increase the maximum enrollment permitted during the summer session what's permitted now is 175 students what the applicant is seeking is 315

0:27:36students and then also a change in the grade levels at the site so the windrush use permit allowed grades k through 8 at the site the applicant as i said is is operating under that now with grades seven and eight um which fall within that but what they're seeking is grades seven

0:27:56through twelve um so staff in reviewing the application uh commissioned a consultant to prepare a sql document for the project the an initial study was was prepared pursuant to the california environmental quality act that initial study relied on the analysis in the previous m d that

0:28:23was prepared for the windrush master plan in 2007 as far as that analysis was still appropriate and accurate for the proposed project um so um so the initial study basically identified areas uh where new analysis was was required so it was determined that an environmental impact report was required

0:28:50the type of environmental impact report was a subsequent environmental impact report because it's subsequent to the prior mnd for the windrush master plan and a notice of preparation for that eir was issued on november 23rd 2015.

0:29:08and a scoping meeting was held just after that on december 2nd 2015 here in the council chambers to solicit public input on the scope of the eir what what items should be analyzed in the eir so a draft subsequent environmental impact report was prepared for the

0:29:31project that was released on march 16th of 2016 and the public comment period extended through april 20th of 2016.

0:29:4011 written comments were received during that comment period in addition the planning commission received oral comments on the draft seir at their april 20th meeting and the oral comments that were related to the analysis in the eir were transcribed and those are also included

0:30:00in the final eir so pursuant to sql all of the comments that were received have been responded to are well they're they are all contained and have been responded to in the final scir um so i'm going to um go a little bit more in depth into um a couple of topic areas in the scir

0:30:22the first was noise so that was that was an area in the initial study that was identified as requiring additional study so the el cerrito general plan establishes a standard of 60 dba or less for as normally acceptable for outdoor areas and that is um that is an ldn measurement so dba is is

0:30:46a weighted um is a weighted noise measurement which more heavily weights uh certain frequencies of noise which are more more sensitive to the to the human ear and ldn um is isn't basically an average um over a time period of that of that dba measurement um and so due to due to the proximity of um

0:31:12to the play area the homes on manor circle adjacent to the school have the the greatest potential for a noise impact so the the noise study um specifically looked at that um at that location focused on that location as well as a variety of measurements were taken in a

0:31:30variety of other locations around the campus but it was specific measurements were specifically taken at the property line with the the homes on manor circle that back up directly to one of the the play fields of the school the noise study found that the existing

0:31:48noise levels and the noise levels expected if the project is implemented are below the standards in the general plan and therefore no additional mitigation was required i just want to add that um i'll repeat this as well but um the city's secret consultant is here tonight

0:32:04and also the city's noise consultant is here tonight so if you if you do have any further questions um about noise the the noise consultant can address any any technicalities of the the noise study and then the next topic area i want to discuss is traffic the applicant

0:32:23commissioned the applicant contracted a traffic consultant to prepare a traffic analysis for the project that analysis was peer reviewed by the city's traffic sub consultant as part of the the sql process there is are a series of improvements that are included as part of the project

0:32:41so i'm going to go i have those on slides here so i'm going to go through those um so the first is a series of improvements that are included as part of the project description um in the in the sql document so um these are not um required necessarily for mitigation but they are

0:33:01part of the project so they they do um the project is analyzed with these these improvements in place so it's assumed that these improvements will be installed before the project is is implemented and that includes a series of bicycle and pedestrian improvements as you'll

0:33:20notice from this diagram there is a new i'm on a point with the mouse pointer here so this is a this is a new um striped green bike lane all the way up hill street with a with a bike box here at the signal allowing bicyclists to position themselves in the proper position for

0:33:39the signal this starting right here is a dedicated bike lane that allows bicyclists a protected lane if they wish to stay on hill and turn left or or i'm sorry if they wish to turn left from hill onto key which which does allow them to remain on a major north south bike route that's

0:34:03identified in the city's active transportation plan um in addition there are a lot of other sharrows and uh that are that are detailed here um there are also pedestrian improvements um so there are um changes updating to the the ramps and the pedestrian signal heads at the

0:34:22um at various locations this here across elm street is a new crosswalk um that would be installed and in addition um the um the improvements include rephasing of of this signal um to make it to make it more efficient um and to to improve uh both traffic flow and pedestrian and bicycle safety

0:34:49so those are the improvements that are included as as part of the project i do want to note um that um one one thing you might hear more about tonight is uh the removal of this parking here where this is shown as red along elm street so this does propose the removal of four

0:35:07parking spaces here and that's a result of uh these lanes shifting in order to allow well partially in order to allow this bike lane also to restripe this with two travel lanes as as you may be familiar uh right now this kind of acts as de facto two travel lanes people do stack

0:35:26here in two lanes um because there are two lanes here um but this would um this would really stripe those lanes um and and add you know just kind of formalize that and add cueing capacity as well so because of that shift um it would eliminate parking here i do want to point out that that this

0:35:45this exact configuration is identified as shown in the city's active transportation plan as well as this bike left turn lane and that plan has been approved by the city council so you know this these improvements should basically look look familiar to you um because you did see

0:36:03them when you when you approve the atp um and i'll just point out furthermore the the um you know while these are included as part of the project and while the the the project applicant um would um is responsible for installing these improvements um since they are uh

0:36:22part of the active transportation plan they would happen at some point in the future regardless of the project but you know they are proposed now as part of the project so additional improvements um um so just to explain a little bit more about the traffic analysis so pursuant to sql

0:36:45the traffic analysis looked at at various scenarios um one being existing conditions which just you know surveys existing traffic volumes and patterns existing conditions plus the project so that's existing conditions plus the the traffic that is that is estimated to be generated as

0:37:04part of the project then it looks at the the expected cumulative growth um so that's that's uh growth from just you know general regional growth um any projects that that are expected that we um you know that are in the pipeline that we know about that we have applications for or

0:37:22plans that have been adopted such as the san pablo avenue specific plan that the cumulative looks at that and then the other scenario that's required is the the basically existing plus cumulative plus project um and so under the existing plus project scenario um

0:37:40the um it was determined that the level of service at the intersection of cutting and key which is an existing stop sign near the the bart the back side of the the bart station parking lot um that that level of service would fall from c to e with with the proposed project

0:38:02so therefore a mitigation measure was required to mitigate that impact to a less than significant level so the mitigation measure that was identified and included in in the scir um is what's shown on the screen now so that's the addition of a left turn lane um from northbound key

0:38:21to uh westbound cutting so the um this exhibit is actually tilted a little bit but that mitigation measure would basically um improve the queuing situation and the traffic flow at that intersection um so that it would um raise the level of service to an acceptable level

0:38:44and then also under and then under the um existing plus cumulative plus project scenario um all intersections so with this mitigation in place all intersections would operate acceptable acceptably um except um for the intersection of san pablo hill and east shore which is already at a level

0:39:08of service f under the cumulative scenario and because the project would add traffic to that intersection and add further delay at that intersection the seir required that the project provide funds towards improvements at that intersection in a share related to the additional project

0:39:29that i'm sorry the additional traffic that would be added at that intersection so that and that is these improvements this this exhibit is from the multimodal cip um and this shows the the total of the uh improvements that are envisioned at the san pablo hill east shore

0:39:54intersection um so i want to touch briefly on the alternatives analysis in the seir the alternate the seir so sql requires uh the evaluation of alternatives to the project um one alternative that is always required is the no project alternative so for this project the no project alternative is

0:40:20the the wind rush use permit basically the continued operation of the school under the um parameters of the windrush use permit which is their existing entitlement and what they are allowed so it's up to 347 students and and all of the other things that are conditioned as

0:40:36part of that use permit that was that's the no project alternative and then in addition um we looked for an alternative that would um an alternative with a lower enrollment level that would reduce some of the impacts of the project um so it was found that an alternative that um

0:40:56that um eliminated all of or or that reduced all of the traffic impacts to a less than significant level was actually less than the enrollment level allowed under the windrush use permit so that alternative was was not examined further because it it it's negated by the the no project

0:41:16alternative but we what we did then look for was um an alternative that uh avoided impacts to some of the other intersections um some of the other traffic impacts so it was determined that an enrollment level of 85 percent of what was proposed would avoid an impact at the the key

0:41:37uh cutting intersection um so that um alternative was enough uh was was evaluated um as part of the alternatives analysis basically the project objectives are identified so it was determined that either of the alternatives the no project or the project or the alternative be the

0:41:58reduced enrollment would meet the project objectives to a lesser degree than than the proposed project um so now i want to touch on parking a little bit so i'll go to this exhibit so summit k2 is proposed to be a closed campus they have said that they can accommodate all

0:42:20of their parking needs on the site in so this what this map shows is the city's restricted parking areas the city has two two resident residential parking permit zones generally around the two bart stations so this shows the the one that's closer to the del norte bart station

0:42:43in general one side of the street is left unrestricted and the other side of the street has a has time restricted parking so it's usually four hour parking and residents that have a resident parking permit can can park there on an unrestricted basis um or or um

0:43:04all day or you know in in excess of the four hours um of course there are exceptions to the you know to the location but like i say in general it's one side of the street this map that's on the screen now shows the location of all of those restricted areas meaning the time limited parking

0:43:24so given given that it's usually four hour parking i'm not aware of anywhere where it's less than that less than four hours um it it wouldn't this parking effectively would not be available to students and staff um anyway because um they would be subject to citation if

0:43:40they parked there given the the nature of the the school as a closed campus nonetheless um staff has proposed a condition of approval that um does prohibit the school well first that requires the school to implement parking stickers for all on-site parking and the reason for that is so that so

0:44:02that cars associated with the school that we're parking off-site could be identified and if instances of parking of school parking off the site are established then the conditions of approval would require the applicant to initiate a petition to further restrict the parking in in

0:44:23the area where the violations were occurring so currently the city council has established a process for um establishing additional parking restrictions and and that process that's a process through which residents can circulate a petition to their their neighbors

0:44:39and if sixty percent of the the uh households on a particular block support the um support additional parking restrictions then those parking restrictions can be implemented without further city council approval so the condition of approval would require that the applicant

0:44:56initiate that project if if um staff was able to verify reports of parking issues on surrounding streets so the scope of of the approval that's before you tonight is the use permit amendments that i outlined at the beginning of the presentation um the um the legislative history of the

0:45:25site is is fairly complicated and and slightly messy um that's being a little generous um so what we have done is we've compiled all of the relevant and and active conditions of approval from past resolutions in the agenda bill and we've tried to carry those forward

0:45:46um into this new use permit approval um so that the the the goal is that as you know if this use permit is approved that this would be the final use permit we wouldn't have to keep going back and searching for some of these old resolutions and the amendments to them

0:46:03and such forth so um you know we're hoping this will really clean up the the approvals going forward um so the planning commission uh reviewed this application and um actually in several public meetings um so the first was in april as i mentioned they received public comment

0:46:24on the draft seir in addition they discussed the project at that meeting and they were able to give staff and the applicant a lot of good comments in that meeting they also expressed a desire for an additional study session before the project came back to them for

0:46:42consideration so that study session was held on june 8th they reviewed at that at that time they had draft conditions of approval before them they reviewed those draft conditions of approval i believe they had some minor changes but um in general the the project that

0:46:59came back to them on the 15th um was the was in general the way that they saw it on the eighth um and the planning commission did approve the project um they're approved they're actually both of their resolutions both certifying the eir and approving the use permit are

0:47:16included as attachments to the agenda bill so an appeal of the project was received um during the appeal period the initial appeal letter that was that was received did not uh contain a lot of new uh information um so in the agenda bill um that you received staff recommended um

0:47:41denying the appeal based on on lack of new information and and re-adopting the the planning commission's findings subsequent to that an additional appeal letter was submitted by the appellants so staff has included has drafted responses to all of the points in that

0:47:59appeal letter that is part of your supplemental communication tonight i believe it's it's something like uh number 22 correct yes okay um so you'll see uh in that um in that document uh all of the the responses um so attached to that is the appellant appeal letter all of the issues that they raise

0:48:21are numbered and then the the responses are correspondingly numbered so also in your subsequent uh commun communication is um a resolution certifying uh the scir um which was uh which was addressed in the uh agenda bill and on the agenda but um was not included in the packet so

0:48:45that is before you tonight as well and then in addition there is also an errata to the seir so that makes um that proposes two changes um one is to adjust um a couple numbers on a on a table um it's the table showing the the cumulative existing plus uh cumulative plus project

0:49:11uh scenario the traffic numbers i'll explain that more in a little bit when i get to the the next attachment and then the the second proposed clarification is um some clarified language um related to mitigation measure traffic five which deals with the the queuing on

0:49:26the site and that's one actually one other thing i should mention that was one additional traffic impact that was identified is that there is a potential for the queuing at certain times certain times in the afternoon to exceed the queuing capacity on the site so the

0:49:44with that impact the impact what the impact is is really the impact occurs if cars it only occurs if cars were to obstruct travel lanes and to impede traffic basically if they couldn't you know if they were not able to queue if it exceeded capacity and therefore cars blocked

0:50:05travel lanes that's when the impact occurs so accordingly the um the mitigation measure is triggered at the point where the school would reach an enrollment where the queuing capacity or the queuing um could exceed capacity um if i could stop you there yes just

0:50:22because they're we're going to take time to fix this is supplemental 23 available that is what you were just talking about was it's listed in our supplemental communications but i'm not finding a hard copy at the dios i don't have a coffee great if you can continue with your presentation

0:50:56while someone makes a copy of supplemental 23 please okay um sure all right so um then as i said the the um the second item is um to uh revise the language of mitigation measure traffic five which deals with the queuing um to clarify um and strengthen that that uh mitigation measure which uh

0:51:30pursuant to sequo the council is uh allowed to substitute mitigation measures which would be equally effective so we we do so that the language in that mitigation measure is at least as effective as the um the original language um and then the last item i want to

0:51:53bring your attention to um in your supplemental packet is a correction to an exhibit that was prepared by the applicant's traffic consultant so a previous version there was some confusion you may hear more about this exhibit because there was some confusion about a previous exhibit a previous

0:52:13version of this exhibit that was handed out that showed a signal phasing plan that had not been approved by the public works director so this exhibit has been has been updated to show the phasing that was that was analyzed in the eir and will be incorporated as part of

0:52:33the project and the table in the errata that i mentioned the updates to uh deals specifically with that intersection phasing in 20 it's the 11 by 17.

0:52:50oh yeah yeah it looks like got it got it and it it eliminates the on the earth the may one that was attached in another exhibit eliminates the left turns against traffic so that concludes my presentation but i am absolutely happy to go into further detail on anything that the council wishes

0:53:17and also um so the um as i said the the city secret consultant is here tonight um the noise subconsultant the applicant's traffic consultant and the and the applicant um and obvio and then also the the appellants uh wish to give a presentation so um you'll have a couple

0:53:35more presentations and i'm sure lots of public comment certainly um this is our opportunity for questions to staff with regards to the presentation and staff report that was provided and any of the items that were just brought forward then would we state any communications um this would be a

0:53:57perfectly good time for us to all take a moment to just to disclose any additional communications um and and for that i will go ahead and start by saying that we here at the diocese do have quite a few supplemental communications from the public and i want to thank everyone for

0:54:17their submissions uh but it's not an exhausted list of all of the submissions that we've gotten so i i made an additional list of the ones that we got by email if you are here and i butchered your name i apologize uh we've had communications from david white helene

0:54:36couture rodriguez maya arachiga b.j thornson nigel r scott r scott miguel ramila eric rodriguez christine zeke zaker zeikner tamara and utka troy tyler manish doshi carla carlin sherry thorsten bach jane kim cynthia simon felicia raymond campbell hannah kim eunice kim adrian yamada

0:55:05carrie and eric hatovic claudine switchard scott gelfand land zhu linda ruiz lozito chris d kim and david yen and christine lee some of those are in our packet and some of those are not in addition i have had uh conversations with ms leung by phone on july 15th at

0:55:3012 15 and she just wanted to make sure that i was reading my packet thank you miss abelson yes yes i wanted to add that i also received a phone call from daisy leon and joanna pace and i indicated that i would could not discuss the item at the time once i realized what was happening

0:55:58and i also received an email from steve chamberlain wanting to meet with me and also showing me the campus and i said i would be happy to see the campus after this item was decided but i meanwhile could not meet i have an additional disclosure that as liaison to the planning commission

0:56:22i had a email correspondence and a subsequent phone call by a neighbor that's on elm street and basically pretty much what we already said is to make sure that i was aware what was going on and that they had concerns about noise traffic and parking primarily um then this past weekend on saturday i

0:56:47had another conversation and turned out it was one of the gentlemen who filed the appeal and was basically a discussion where he made comments about the same three things i just said parking and noise and traffic and um and turns out he's one of the people filing the appeals

0:57:11i also we all got emails from the chamberlains but i also um declined i wanted to mention that um i did receive a phone call from daisy leung and our conversation was regarding her area on manor street inner circle i did also receive a phone call from mr chamberlain

0:57:39he asked if i wanted to take a tour of the building and i've told him i've been there several times now so i didn't need a tour of the building and then i received many emails that i'm sure all of you have received and uh um and i read every single one of them so thank you so much

0:58:01great questions for staff i'll start um so regarding the noise study um and staff and then um the gentleman who the person who did the noise study can answer this question but um there were periodic times when the sound reached up to 75 and 80 decibels and i believe this was a study that was done

0:58:23in october this past year when assumedly two grades were there assumedly 200 students am i correct in saying that there were periodic noise levels above 60 to 65.

0:58:35i believe that's that's correct yes um so my question is and i think that's considered acceptable because it's periodic so my question about this is how can we extrapolate that type of noise from 200 students as to what it would potentially be for 600 students so i'm gonna let the noise consultant

0:58:59address that i think i know the answer but might as well hear it from the horse's as long as he's here let's let's hear from the expert please introduce yourself hello my name is michael phil i'm a principal consultant with illinois and rodkin we're out of petaluma california

0:59:14um so let me back up a little bit the noise standard for the city of el cerrito is in terms of ldn which is a day night average noise level standard it's 24 hour average it weights nighttime noises it penalizes them because people are more susceptible to noise at night

0:59:39now to get to your question directly or you had mentioned periodic noises all noise that we hear in the environment is periodic every time a bart train goes by noise levels go up traffic motorcycles birds chirping noise is constantly varying so uh when we do analyses we focus on average

1:00:07noise levels particularly for for this type of use because the use itself is not changing there's going to be more students and so our analysis was worst case because what we did is we took all the daytime noise that happened between 7 am and 4 pm and we attributed all of that noise to the

1:00:28operation of the school that includes bart pass buys that includes traffic on elm to calculate what the increases uh due to the school we ratioed the number of students we said if they're about what three times the amount of students noise levels would go up 4 db we added 4

1:00:50db to all the daytime noise levels calculated the hourly or the hourly average noise levels calculated the daily average noise levels and found that in all cases noise levels behind the sound wall were less than 60 ldn noise levels at second story receptors were at 60 ldn and that was at the

1:01:11closest receptor near the center of the play field thank you i think i also read that there were probably only going to be two to two and a half hours time during the school day where the students are actually outside on the areas that are closest to manor i believe so that

1:01:31would sort of lend itself to a little more periodic i guess you might say i also believe that there was sort of a loose agreement with a couple neighbors on manor that that to mitigate the sound issues and also privacy and i guess security which probably isn't part of

1:01:51sequoia but the mitigation was to plant three trees and to expand a sound fence beyond 65 feet from where it was i assume this is an agreement it's been mentioned in all of our reports but i suppose that the summit and the two two involved neighbors would be working this out on their own

1:02:19or i don't know if it's considered mandatory and it the way it reads in the reports it sounds like they've already worked this out i don't think i have any other questions for you right now this is more for staff now yeah is that correct i can address that so um the

1:02:36measures that you mentioned are i want to be clear that they're not a mitigation measure that's required under sequa right um they are something that that the applicant has agreed to do to address some neighbor concerns um they're they're partial you know they may be

1:02:53related to noise i think some of the concern might have been privacy as well yes um so that's that's why the um you know the condition of approval addresses planting of trees for example um the the staff tried to come up with a condition of approval that that allowed

1:03:09flexibility as um you know the the applicant i don't think has um they can probably address this more but i don't think at this time they've necessarily worked out all of the details of you know where the tree might be planted or what specie it might be or that kind of

1:03:23thing um so we you know we tried to allow some flexibility um as these things got ironed out and implemented okay um so that answers my question about parking now i'd like to go to the um proposed improvements to the sequencing of the light at hill and elm and parking and the slide that you head

1:03:44up a few before this regarding the traffic changes um and my first question about this is um this is um according to the the mr mmrp i believe that what you have on here is would kick in only when there's 571 students that's not correct so um clarify that for me yes

1:04:16so these so as i said these these are improvements that are included in the project description um so they are required to be in place before the project is implemented okay um and for the sake of sql review the the project the threshold for the project occurring is really once

1:04:37uh the school exceeds 347 students all right so that's when this would happen so um can we dim the lights in so we can talk about that a little bit here i can see it here but other people probably can't so i just wanted to clarify so i'm on hill street i'm coming

1:04:55from interstate 80. i am going westbound and eastbound sorry um and the traffic light is here and i believe can you currently turn right on red yes okay um but the there's also a left well straight lane and a left lane straight lane goes into the parking area of the school

1:05:24and the bike lanes there i see the crosswalk and now i want to go over to elm and or i'm on key route i should say i'm going up key route and i'm going northbound um these truck these pedestrian crossways at hill and at elm are not signed they're signalized by the traffic light

1:05:47but there's no flashing or anything there right it's just it'll be a highlighted painted correct there won't there won't be flashing lights in in the crosswalk right um i'm continuing to head northbound on elm and i'm in i'm going to be in the left lane because i'm going to be turning

1:06:09onto he now this is the part of confusion maybe this is what you alluded to before with the mistaken when i'm turning left on key what's happening on the people that are going southbound on elm so they will be stopped that that that was you're right and that that was part of the confusion

1:06:30in the in the exhibit okay i just want to make sure i understood that there will not be any unprotected left turns in in the intersection okay that makes more sense i'm comfortable with that now when you leave the school upper lot is what i will call it you can

1:06:50turn you have to turn right to exit the school driveway correct yes you have to turn right you can't turn left and you can't go straight because hill's one way all right correct yeah that that is restricted currently it's restricted right out only yeah um and that would

1:07:12continue with the project right so the lower lot where these cars are at the bottom has a do not block strip there but if i was coming from key boulevard southbound go over to elm can i turn left into that do not block and turn left into that lower lot you turn the left into the lower lot

1:07:40um yes that's that's the intent of the of the do not block is so that people people southbound on elm can turn into that lot how does that affect the queuing of elm below the do not block when cars are turning left they can only turn left if somebody's letting them

1:07:58turn left because there's no signal or anything there and it supposedly it's open but what is the light doing what is the traffic light doing there is it is it green is it traffic i mean the traffic light is going through its phase so it would kind of depend on what phase you hit it on

1:08:15um but i mean you can consider that left turn similar to someone who lives on the other side of elm turning into their turning left into their driveway from northbound elm now also if i'm in that lower lot and i'm exiting i can turn left out of the lot the lower lot am i

1:08:35correct um currently yes you can turn left out of the lower lot and that's also part of the reason why the keep clear is there to allow that to allow that movement to happen if the cue backs up okay and then um another question about the red no parking so currently the this building that's on

1:08:58the corner is actually facing hill and along this red line and i don't know how many four-car somebody greg will have to do the math how long from how long four car lengths are 80 feet how many roughly 80 feet 80 feet all right it's 80 feet but this red line does it there's a

1:09:18large fence that runs along elm on the side of this property does it go beyond that and encroach on to the next house after that actually does face elm um no the the intent is that the the parking restriction would just be on the side of that of that property that faces

1:09:37uh hill street okay and would stop before um the the next property which does face elm street okay um this is a question for the city attorney am i allowed to talk about the part of what's in the um the staff report about the um security site because it's not really part of

1:10:11i can address that if you'd like okay so our police captain or someone from the force made a security site check and will continue to do so i think every several months and as you may or may not well you we all know but i don't know that everyone listening knows that many of our schools

1:10:35have school resource officers at them at the middle school and at the high school the school district where those school resource officers are very they are paid by the school district so the question i have about the security site and we don't know that there's issues there but it also it's

1:11:02not just about what goes on at the campus it goes it's what goes on in the neighborhood my question is and this is probably for our captain who i believe was here somewhere yes there he is um what triggers the need to have a school resource officer is it four calls is it four

1:11:23calls in a month is there is there some sort of way to quantify that and answer that question and and you will indeed be meeting is it every three months or something like that uh or so often thank you for inviting me up i'm paul keith the interim police chief uh so to answer the first question there

1:11:43is no number of calls for service that would necessarily trigger uh the need for an sro our current agreement with the school district is a collaborative agreement so it's uh we feel that it serves the interests of both el cerrito and the west contra costa unified school

1:11:58district the quarterly meetings that we'll have will be regular and will probably involve the sergeant of our special operations unit who also has responsibility for school resource officers so it'll be a regular check-in to make sure that there's no security concerns at the

1:12:16campus or if there are issues that need to be addressed that we're being proactive and working with the school to do that okay all right that answers my question thank you thank you and thank you for being here um now to address some of the parking issues there was an evaluation done on

1:12:34parking and it seemed like there was quite a bit of parking that was available i don't know if the neighbors had complained in the past that there was parking on their streets particularly manor manor inner and outer circle but it looks like that's not actually

1:12:49happening and because they there has been the advice from the planning commission that the school have stickers so that those they they know through their handbook and everything else that they're not to park on our streets preferably not even in our four-hour zones since a lot of people actually

1:13:14live in that area use the street for their own cars so i think that's that that's been handled quite well and the and manor circle is still um if they want to choose to get stickers and for our parking in areas where it's not currently they could still do that if they meet the threshold of 60 percent

1:13:33of the residents wanting to do that right so i want to be clear that that at any time any residents on manor's circle could initiate that petition process but the conditions of of approval as proposed would require the applicant to do it if um complaints of uh school parking

1:13:52occurring off-site were occurred and i in tandem with this is um i would imagine with a small wellnet school as this professes to be that probably a lot of people go to graduation i don't know that they go to seventh grade graduation eighth grade graduation but they probably go to

1:14:11twelfth grade graduation i imagine a lot of the other students go grandma and grandpa goes aunts and uncles go there's only 61 parking places they have already consented that they will either use bart they will use shuttles but that has to be very clearly that point has to go across

1:14:29to all the other people that really aren't parents or or students who drive to school i think that they've addressed that the so the the applicant um can probably address this further um but what they've communicated to staff is that is that thus far um the school has not held commencement uh

1:14:49ceremonies on-site um they've held it at off-site locations um and that that likely will continue but as but you did correctly say that um if if they are allowed a certain number um under the wind rescues permit they are allowed a certain number of events um per year um and for those events they

1:15:10they do need to address the parking um as required in the the conditions of approval by either having valet parking or parking at the securing a privilege to park at the bart station and then the last uh question i have on the mlrp is about traffic 5 the queuing and the monitoring

1:15:33so that's only going to happen the first two months after the school year when the student population reaches 400 is that correct correct so it's anticipated that the that the queuing could um exceed that the the demand for queuing basically the number of cars wishing to

1:15:53queue could exceed the the on-site capacity in the two parking lots once the school reaches 406 students which potentially could be the fall entry of 2017 um no i um it could yeah actually it could be yeah i mean i think it would be because it's about 100 students per year per grade

1:16:18right okay um i think that is all i have right now thank you okay councilmember abelson okay i did meet uh with staff today so i got most of my questions or maybe all of my questions answered so i think what i have to say is more in the way of comments okay so i'll hold that until later great thank

1:16:48you councilmember quinto well i met with uh sean the other day and uh he answered most of my questions so thank you great um is this errata 23 or attachment 23 okay thank you um and maybe this is for the noise consultant the um significance of uh the threshold of significance

1:17:20on page 29 of the subsequent eir i think i've got that right subsequent ir page 29 um the threshold of significance for noise talks about three uh decibels ldn and uh yet your analysis showed that there would be a four an increase of four decimals ldn can you can you help me

1:17:43understand uh where the threshold significance threshold occurs he's standing behind you sean where the threshold of significant occurs and and why that's not a problem you're correct the threshold is three dba ldn the four decibels that you mentioned is is the increase in noise levels during

1:18:06the daytime that that is uh that's not the ldn so when the overall increase so what i did is i calculated a daytime ldn and a nighttime melting and basically a school operational hours and a non-school hour ldn um the day time i increased by 4 dba i added that to the night time the

1:18:32overall increase in the ldn was uh 2.

1:18:36it was it was not it didn't exceed the the three dba led and threshold uh also it didn't exceed the normally acceptable level of 60 ldn so great thank you um let's see i got i too met with staff this afternoon and had many of my questions answered with regards to

1:19:00various potential impacts one that i wanted to inquire about was um on page 6-6 of the supplemental subsequent sorry subsequent eir you know and the there's a discussion in there about uh let's see the supplemental 6-6 would be in attachment 3 is that correct is that is that where i would find

1:19:35chapter six no chapter six is in here alternatives um chapter six is on alternatives and it's in the attachment uh two um and i am looking at page 6-6 which is the hopefully can get to let's see if i can get there faster technology trying to reduce the amount of paper i

1:20:07use for this meeting sorry does in mean that we don't navigate quite as fast um in this alternative there is an analysis that says that uh at the enrollment of 571 students under alternative b the potential maximum q during morning drop off would be 18 vehicles

1:20:33which would be accommodated within the existing uploading capacity of approximately 20.

1:20:40can you can you expand on whether when actual cueing impacts might occur as a result of the final analysis because i think this analysis does not capture the final analysis yeah i i understand that the confusion um the so the the mitigation measure traffic five as we discussed um the

1:21:06trigger for that mitigation is an enrollment that exceeds 406 students because that was the point um where the um where the queuing capacity was was determined that it could be exceeded um and so that that would trigger that mitigation and require the applicant to

1:21:28um implement measures to uh avoid avoid cues that exceeded the the capacity and that analysis was in a subsequent uh subsequent document is that correct that analysis correct was in the um well the the the cueing the analysis for the queuing is in the the traffic

1:21:48analysis in i believe it's appendix c to the eir um the i understand what you're saying with the alternative um it it does seem a little um uh inconsistent um with the the mitigation measure um i mean there's a few ways that you can that you can look at that i mean i i would say it doesn't

1:22:10um nothing about that makes alternative b um an invalid alternative or or a um an in applicable alternative for the purposes of sql because it does it does reduce the enrollment to such a level that it avoids some it avoids some of the impacts such as the impact to key and cutting

1:22:36but i do understand the uh discrepancy there between the the analysis of the of the of the queuing impacts okay so so this paragraph if if we struck this paragraph because it does not necessarily uh adequately reflect the analysis done in appendix c is there a there's no issue with that correct

1:22:57because the the overall benefits of appendix of of alternative b still per percent yeah there's there would be no issue with that the alternative would remain valid the analysis of the alternative would remain valid great thank you um certainly some of my questions council member

1:23:18bridges beat me to so i thank you her for that can i ask a question you were talking about uh level of service uh i may have used that term but we weren't doing an intersection at this time but go ahead okay i was just going to say i've noticed some references to that and

1:23:43but one of the things that i um remember us discussing at the contra costa transportation authority is that there's been new thought about the measurement of level of service around transit centers and that that's no longer going to be used and i'm just wondering is if this is

1:24:07within that uh boundary yeah that's that's um that's a great point um in for example in the san pablo avenue specific plan um we've moved away from level of service um and looked at multimodal level of service um so basically how how traffic injection congestion affects

1:24:27modes in addition to cars how how it affects transit use and how it affects pedestrians and bicycles this project is outside of the san pablo avenue specific plan so future projects that you'll see coming forward in the specific plan we'll we'll look at mml os but we didn't have that requirement

1:24:46because this project is outside of the specific plan area um we were bound to the the standards that would have been adopted uh in the general plan and other city policy documents so if there's a a new i'll call it ruling i don't know what the word is at the state level not

1:25:05to use loss around transit centers isn't this around a transit center uh this is pretty close to a major transit hub so um yeah depending on on how that uh was implemented it's it's likely that um that uh los you know may not apply in the future but it applies now it does

1:25:30okay because i don't understand why the specific plan is the thing that determines it let me let me ask the question slightly differently that might get us to this same question because i asked this question of staff earlier today the intersection at cutting which is

1:25:47inside the specific plan and the specific plan does have to does need to have a multimodal level of service pedestrian bicycles has to be evaluated you explained why the you did not perform a multi-modal level of service at that intersection so i so there is there is only one intersection that's

1:26:07inside this the san pablo avenue specific plan and it and it does have a level of service impact of f in the 2040 cumulative mode and i was wondering if you could speak to the multi-modal level of service analysis that was was considered but not completed on that intersection so that

1:26:26yes for san pablo hill and east shore um a multimodal um analysis uh you know was has already been looked at as part of the specific plan um and the you know and improvements have already been identified as part of the specific plan as uh as a mitigation towards

1:26:50the traffic that's anticipated as the developments anticipated in the plan area um so this project would add some amount of of traffic to that intersection so this project will be required to make a contribution towards those improvements in a share that's proportional to the traffic that's

1:27:09that's being added um so in a way it's it's related to multimodal level of service but we didn't specifically need to look at multimodal level of service because as i said you know those improvements were already addressed in the specific plan does that make sense

1:27:29no the the uh understanding i have of that is that it doesn't make sense if you're talking about a transit center because of course it will generate traffic you know because there's a lot of there are a lot of people trying to get to the transit center and so to uh maybe here's our expert

1:27:55here um my understanding is that to get to the transit center will require you know a lot of activity and so you don't want to penalize a project because it's there actually you'd want to reward it am i close good evening council member my name is yvette ortiz i'm the city's public works director and

1:28:21city engineer i believe what you're referring to is that there's a recent ruling that sql analysis move away from level of service to vehicle miles traveled around transit stations and that rule making is still underway and regional agencies such as the ccta and mtc are working on a

1:28:42methodology and that we can implement on a regional level and so that has not been implemented yet the rulemaking has you know occurred but we're still working on the methodology so we haven't switched yet from level of service to vehicle miles traveled thank you thank you

1:29:01i'm looking at uh errata which is supplemental communication 23. thank you for providing that and i'm i'm looking at the revisions to mitigation measure traffic five um and i'm also looking at attachment uh five which is the mmp the mitigation and monitoring plan

1:29:24are there any changes to the mitigation and monitoring plan that's required as a result of the edits to mitigation measure traffic five yeah and as far as the text of the mitigation measures included in the mmrp it should also be updated from the from the errata

1:29:39from the errata so there would be so the the current attachment five should be modified in some fashion is that correct correct and is that modification uh can you walk us through what that modification would look like or what what what aspects of this table would

1:29:58change it would just be the description of the mitigation is that the only thing that would change or would any of the timing schedules implemental implementation responsibility monitoring action and monitor monitoring responsibility change yeah give us give us just a

1:30:14second to pull up the mmrp oh um [Applause] and that that is my last question so i um just just in the sake of time while they're beginning to answer my question i will alert everyone that what will be happening next is the appellant remarks so if the appellants could be begin to prepare to

1:31:38come escape have forward escape have questions um so uh what i would say to address your question is obviously the the text of the mitigation measure should be updated um probably the so the the language in the mitigation measure um has um refers to the project operator

1:32:07so implementation responsibility instead of applicant could say uh applicant or project operator um and then i believe the timing and schedule remains the same great so when we do take up the motion for uh certifying the eir there will be we have to adopt the new erada sheet we

1:32:34have to point out changes to the mmp and we need to strike the the last paragraph on page six six were there any other changes that the that would need to be incorporated uh to the resolution certifying the the sql document which was by the way attachment 21 to

1:32:54our supplemental um i'm assuming the the revised errata is referenced in this document already so that so would only be the striking of 66 and the amendment to the mmp that's necessary for this yes so we need to hear what people have to say first uh it's not ready we're not going to

1:33:17make that motion yet but dude i will help i will help us remember what what changes need to happen two changes correct okay out of that okay i have some comments too uh yes yep yeah when we get there i just wanted from uh from this round of questions that's what was brought up

1:33:36okay great thank you very much for your presentation and answering those questions thank you at this time we would like to ask the appellants to come forward to give a 15-minute presentation good evening please state your name and good evening my name is al moore i am a

1:33:59land use attorney with wendell and rosen we're at 111 broadway in oakland thanks for having me here our office was contacted recently by the neighbors and the pellets in this case i'll call them the neighbor appellants to define them as both ms joanna pace and they're all here

1:34:21uh mr steve haynes and mr franklin leong and they're here and they're going to talk for a few minutes so we can fill up our our 15 minutes time i'll talk for about three or four and they'll uh respectively talk for the rest of that's that's okay with the council yes please

1:34:40i want to state that i do have some experience for being at meetings like this i've been a land use attorney for about 32 years and in my volunteer time for the past 14 years i've served as a planning commissioner for my hometown for walnut creek i recently was termed out supposed

1:34:56to only term eight i stayed on for 14. i know we're all volunteers and none of us gets paid very much for these jobs and we appreciate no matter what your decision is tonight we appreciate your consideration on all issues the folks i represent however feel that

1:35:13in the proceedings before we've come come to tonight that they haven't felt that they've had a voice and that their concerns haven't been addressed in a way that they're comfortable with the proceedings and i'm going to explain why we do have a letter on your dice

1:35:30i understand dated july 18 from my law partner and she goes into some detail and i'm not going to repeat that letter in my couple of minutes i'm actually going to depart from my prepared comments just a bit because one of the our neighbors that showed up tonight

1:35:46gave me a copy as i came in of a supplemental report and communications 2 roman numeral 2 which i understand you have on the diocese but the neighbors that i've talked to tonight and my clients the appellants don't seem to have that document now in my city of walnut creek we we do

1:36:04these supplemental reports all the time and it usually consists of comments that have come in from neighbors and others emails and such that come in after your staff that your your packet your agenda bill has been distributed to you but this document as i read it tonight has

1:36:19several documents that have been prepared by staff that are i'm part purportedly part of your administrative record for your approval tonight i would call your attention in this regard to numbers 21 a draft resolution certifying the of the eir the subsequent eir that's a document

1:36:36that i would have liked to have reviewed before the hearing number 22 response to issues raised by appellants that's our letter that's a response to our letter i appreciate staff's efforts but again both my clients and other folks in the community would have wanted to receive

1:36:52and review that document prior to the hearing number 23 is something you've been looking at at the dyess errata to this summit k2 operational expansion subsequent environment environmental impact report that errata document is not in the packet that our neighbor was able to obtain today

1:37:13it's an important document for us it's the final record for the eir which is critical to this process so at minimum we asked for we asked earlier in our letter and we would renew our request that certainly we have the public hearing tonight there are many students

1:37:28and other folks that are here to testify but at minimum we would ask you to continue the hearing to allow folks to read these important documents as you've been able to to read them i note that your resolution tonight actually reference references the fact that in

1:37:43making that resolution you've read every document thoroughly i'm sure you've done so but you may not have been able to read those documents that came in certainly we were not able to do so going back to my original comments quickly we have a significant project

1:37:59here we've got a school that's increasing its uh enrollment basically doubling it tripling it if you count the current enrollment to the projected maximum enrollment uh the nature of the school is going to change from a middle school middle school to the young adults of uh of high school

1:38:16there's going to be extended hours it's a significant project in an area that's ringed with residential homes homes that are currently currently restricted in terms of parking and traffic the appellants have appeared at earlier hearings and they've made this case and they don't feel again

1:38:32that they've had a voice in this regard and i'll reference one example there their basic issue has been with regard to parking you're doing all these improvements tripling the enrollment not one extra parking space in response to the comments that were made by folks here my clients here's

1:38:49what your eir says repeatedly parking deficiencies are no longer generally considered an environmental impact under seqa that's news to me and doing this for 30 years parking has always been environmental impact under sequa and in our letter we've indicated case law to that effect

1:39:07a case law most recently 2013 a case in san diego the court held that regardless of whether parking is considered a primary or secondary impact of a project a project's impact on parking should be studied for any potential impact on the environment as clear so to have throughout your eir just a

1:39:28blanket statement doesn't need to be discussed as part of the eir document we would disagree so we would renew our request for a continuance have the public hearing tonight but allow us to respond to the supplemental reports and communications that came in let's address this parking issue head on

1:39:48you may decide there are other mitigation measures necessary you may you may not in your wisdom and your discretion but it needs to be addressed these folks we have great students here tonight i'm looking forward to hearing from them and i think it's great education for them to come and speak and

1:40:04i'm excited about that but the other side of this is folks that live there that have invested in this community have lived here for 50 years and longer and the rights of the school have to be balanced with the rights of the existing residents i want to hear i want you to

1:40:19hear directly from the appellants so i'm going to turn turn this over to them thank you so much for listening to me you're welcome uh you used a few more minutes then you're allotted so i just want to remind them they have about nine minutes nine minutes total about nine minutes

1:40:32total yeah okay my name is steve hayne excuse me my name is steve haynes i live at [address removed] directly across the street from the lower lot i'm going to take off my glasses because i'm old and i can't read with them on that anymore um the move to nearly triple enrollment to

1:40:56630 is a huge change for the neighborhood the site has never had even close to the max usage allowed under the current conditional use permit which is 347.

1:41:07the age range is unprecedented for the neighborhood so is the massive summer enrollment of 315.

1:41:14there are currently as i understand about 240 students so even the summer enrollment is a big step from where we are currently the result is unusual in el cerrito a substantial year-round school fed by complex intersections already burdened by traffic it's close to his own expecting sudden

1:41:32growth around dorne del norte excuse me single-family homes are tightly packed uh beside play areas and buildings the impact on both the neighborhood and the city is significant we appeal the decision because it needs a fair proper and full evaluation of significant

1:41:50impacts despite plans for development in del norte the eir projects no traffic growth by the year 2040 on important routes serving future development and the school for instance there's minimal growth project on san pablo southbound for morning rush hour and no growth on

1:42:14southbound elm from cutting another route for students and commuters the point is clear compare the existing and future traffic charts you'll see the traffic study diminishes cumulative impacts growth projections are unrealistic and inhibit effective decisions about impact

1:42:31and mitigation the traffic study not only under counts future growth it also under counts basis conditions we have provided the data to you we counted traffic in front of the school the intersection of hill elm and key in june after the opening of kormatsu middle school not far away the

1:42:49traffic far exceeds what the eir reports clearly the eir undercounts peak usage traffic mitigation involves improving signals at the intersection of hill elm and key the 2015 traffic study says the new signaling will allow cars on hill and in the school driveway to turn right

1:43:09at the same time however in may of 2016 kittleson associates released a map of the mitigation that did not match the traffic study city staff said privately that they had not seen the map the new map showed simultaneous north and south flow on elm left turns from

1:43:27both directions would conflict with oncoming traffic these left turns include the drop off trips into a backed up school driveway ponderous but separate flow has now been twisted like a pretzel as neighbors we see problems unfolding all the time at this intersection

1:43:44again i live directly from across the street from the lower lot and i park in front of my house the street was widened i don't know when late 60s early 70s so in that process a lot of the driveways were made very short i require to use a van for my employment i have to park

1:44:03that on the street i cannot fit in my driveway without parking without blocking the sidewalk as it is when i get in my car in the morning it's hairy i'm waiting traffic's coming down from the intersection of of hill and elm and key moving as quick as it can when it's not

1:44:22fully congested and there's about three feet of room between me and generally cars if they see me they'll slow down and they cross the median they cross the middle line of of uh elm street now they're going to move that over there's going to be a red no uh parking

1:44:42until you get to my property and then all of a sudden this the street's going to veer this is a terrible i cannot believe any traffic safety engineer would approve such a such a design such a re-engineering of the of the street traffic um thank you very much thank you

1:45:00um let the hate to make it short on you guys because i do want to hear from you let's say there's four minutes left that's an addition of one minute mayor lyman and council members my name is franklin lee young and i've been living in many circle over approximately 40 years i object to

1:45:25having high school acting 1800 elm street i believe it was scott kirkland who was a chief of police in el cerrito who had expressed concern that age difference between middle and high school students would present security challenges for the school administration

1:45:41i believe that high school students would also present safety and securities count concern with the surrounding neighborhood there are about 20 homes whose backyards are only a few feet to from a few feet to a few inches from the school these homes are grandma street

1:46:00wanted and manner circle the increase in student body also will potentially cause significant unavoidable negative impacts on the surrounding community this site has never accommodated over 600 students and environment reviews never been done to contemplate many

1:46:18many number of the students in this four acre site in a densely populated neighborhood when high school students start driving there will be a high potential automobiles accident due to many cars in the area according to insurance companies such as california state automobile association all states

1:46:37state farm and farmers insurance 16 to 18 years old drivers are high-risk drivers and crop and prone to have accidents elm street cutting key boulevards ready to have already have tr heavy traffic and further increased traffic and congestion would increase that student population could

1:47:00hinder ambulance fire trucks and even police cars to respond to emergency the city indicated safety and and security as a social issue and not environmental i believe social issue is extremely important i've gone up i've gone up many times to see kelly garcia summit director about

1:47:24bringing balls and rocks that had gone over to our backyard and roof i even thought over i haven't brought over a student's picture identification card that i've found in my roof ms garcia says something will be done and indicate possibly installing a net to prevent object from being thrown over

1:47:47yet nothing has been done over a year a few days ago i gather over one pound of rocks gathered on my roof as shown on on the photographs you i just gave you we have elected you to represent us and protect us please do the please do not approve this expansion thank you for listening

1:48:10in conclusion this project will have a huge impact on us and uh we want to tell you that we feel that we haven't been listened to and that the material all the material that we've shared with you has not been analyzed thoroughly has not been read thoroughly by all the decision makers

1:48:25here thank you all right let's see we are at an opportunity for us to make questions of the appellant questions for the appellant questions for the appellant i don't have questions no questions for the appellant no okay um i also have [Music] no questions for the appellant

1:49:03i do have a question for the city attorney but i will hold that i'll have that hold that thought so that will bring us to the applicant's rebuttal 15 minutes so if the applicant could come forward with their rebuttal i would appreciate it thank you presentation

1:49:29bear with us while we get the presentation up yes it should be on there nick it was on the desktop on the desktop there you dim the lights please good evening i'm doug giffin and i'm presenting on behalf of steve and susan chamberlain owners of the 1800 elm street campus thank you for taking the

1:50:13time to discuss our project this evening thank you to staff and the planning commission for their approval we would also like to thank the community and our neighbors for their tremendous support through summit k2's first two years of operation in response to the appeal letter i'm

1:50:26going to give some history on the application along with information on how potential impacts were addressed and other voluntary measures were implemented we have provided a letter with background information that is in your packet this evening that led to with all of the year work we've done

1:50:44over the last year and a half to lead to a unanimous planning commission approval this letter is in front of you late information was received from the appellant that deals with both seqa and planning and zoning law issues that have been addressed by the planner our secret

1:50:58attorney and traffic consultant are also present to answer any questions that you have as this decision is solely based on land use considerations we won't be addressing educational concerns in our presentation the use for permit runs with the land and many types of schools could operate

1:51:12under it next as owner and landlord of 1800 home street we remain responsible and responsive members of the el cerrito community and great neighbors our extensive community outreach and engagement through this use permit process along with our voluntary commitments to the neighbors and

1:51:30communities strongly demonstrate our commitment to this goal steve and susan chamberlain purchased the property in the fall of 2013.

1:51:40the larger chiang mai building was completely restored the next year this restoration drastically increased the amount of properly sized learning space on the campus and the building is currently sitting empty summit k2 middle school currently operates out of the smaller new

1:51:54classroom building built by windrush leaving a majority of the campus vacant we need a school or schools to make use of the entire campus and summits high school is the perfect candidate to do so the school has been used historically as an orphanage a high school a college

1:52:09a middle an elementary school in middle school and then most recently by summit k2 next uh summit k2 middle school opened in the fall of 2014 with a seventh grade class and has grown one grade per year allowing the school to develop a strong culture these original seventh graders hope to

1:52:26return this fall as the school's first ninth grade class summit originally planned to open a larger 677 student program in west contra costa county this since reduced the size of their optimal program to 600 students a cap of 630 students is included to give them flexibility

1:52:45with regards to how many students accept enrollment each year 600 student school is actually quite small with an average of 100 students per grade as compared to local middle and high schools that have closer to 300 students per grade the 600 student program is the ideal

1:53:02size to have a school that is small enough to maintain strong school culture but large enough to be financially viable a reduction in allowed enrollment would not allow summit to operate in the entire campus some it has a fixed per student income we cannot reduce the size of the school

1:53:17and set up summit to fail financially and it does not make sense to use a different school to lease the chiang mai building to a different school while summit maintains use of the smaller building in the letter the appellant referenced that summit had originally considered a

1:53:34campus at hilltop in richmond they did so early on with a reduction in their program size and the optimized size of the chiang mai building there's plenty of campus of room on the campus and they shifted their focus back to the 1800 elm street campus due to their extensive waitlist summit

1:53:51will actually be opening a second school at this hilltop location only the only only alternatives close to the 1800 elm street campus would meet the school's goals of having a cohesive learning environment and to have students utilize transit no such sites exist

1:54:07next there have been questions as to how some 600 students will fit on the campus the middle school is using only the smaller new classroom building leaving the chiang mai building which is will easily fit the rest of the grades to put this in perspective i thought it

1:54:23would be helpful to have a few benchmarks of other schools in the community madera and fairmont are very similarly sized schools with 550 to 600 students on three and a half acre sites we have 600 students on four acres with more building per student and with on-site drop-off and pickup that these

1:54:42schools do not have chamberlain associates is a professional project and property management group and we work alongside summit k2 to assure that we are good neighbors and responsible members of the community we have involved the community in our planning process from the start through

1:54:58a series of emails letters open houses and small one-on-one meetings in addition to the many planning commission meetings that were held the collaboration occur that occurred during this outreach led to a wide range of solutions to concerns about traffic circulation and parking

1:55:16noise security behavior and privacy new conditions of approval were added in addition to voluntary procedures and policies that are incorporated into the school's good neighbor handbook the handbook will be reviewed with and signed by students staff and parents

1:55:32prior to the start of each school year to set expectations for the behavior in and around the school the handbook will also be distributed to the neighbors each year and school compliance with the handbook will be monitored by good by neighborhood monitors next

1:55:47sean did a fantastic job of describing a lot of the mitigations and measures around traffic noise and and such so i'll be brief on these all traffic impacts have been mitigated um in order to address traffic we're doing a wide range of things in addition to what sean said there will

1:56:08also be a traffic management plan on file with the city to address how school staff will be utilized to monitor and direct drop off and pick up traffic and how crossing guards will be utilized to ensure students cross safely the pro next the project meets the city of el cerrito's parking

1:56:26requirements for schools which are one space per classroom and one space for 10 high school students so there should be no parking issues in addition summit's existing high schools have an average high school drivership rate of 9.8 percent in line with what is required by the city

1:56:41regardless we heard the neighbors requests and summit k2 is committing to not allow drop-off pickup or student staff or parent parking in the neighborhood we are excited to have the ability to complete parking drop-off and pick up on-site a benefit to the neighborhood that most

1:56:55local schools do not have the project does not have noise impact as sean mentioned there's a lot there are details existing conditions of approval such as limits on the play space use limits on the number of outdoor events that can be held and as a protective measure

1:57:13noise complaints will trigger a new noise evaluation in addition the school is committing to policy and monitoring solutions including prohibiting outdoor music slamming car doors and yelling next there is not a city policy with regards to how school safety is handled and

1:57:32there is no standard that is being waived as suggested by the applicant by the appellant we in summit have met with the police department and collaborated on a plan to address security in and around the campus the school will be meeting with the police department quarterly and the plan

1:57:45will be modified if needed in addition summit has a comprehensive program to proactively address school safety and discipline that is in use throughout its nine schools the program has proven to be incredibly effective and includes community teachers and restored restorative justice to help

1:58:02build accountability in their students their small school size is integral to the effectiveness of this program in response to neighbor requests we developed a number of materials that were handed out to help improve transparency including school contacts schedules for use of play areas

1:58:23and a summary of the conditions of approval that are in place along with the good neighbor handbook next were incredibly focused on trying to help neighbors get comfortable with the school we previously suggested two additional neighbor solutions which you discussed earlier

1:58:43one of which was the addition of some trees to help block the view from a second story walkway of the existing middle school operations to a neighbor on manor circle as a second floor deck and we've offered that and if she would like that implemented we'd be happy to

1:58:55do that in addition as you referenced uh the sound wall we offered to extend that along the lower parking lot it's not required by because of as a noise mitigation but it's something that we've offered to do we're also willing to expand the scope of our landscaping offer to spend up to

1:59:13a hundred thousand dollars to increase the landscape buffer along the playfield the manor circle side of the playfield we'd be happy to collaborate with neighbors to try and find things that may be benefits to them to increase their their privacy or security finally as a token of our commitment to

1:59:30being good neighbors and an asset to the community we'll set aside another hundred thousand dollars for the next five years to address unforeseen concerns this money can be used for improvements in and around the campus that are not required and do not deal with any

1:59:42impacts but are desirable to the neighbors to address any concerns that may arise no one anticipated a view issue between the new classroom building and a residential deck and we want to give assurance to neighbors that if something else comes up we will take care of it

2:00:00collaboration with the neighbors community city staff and planning commission we have arrived at a comprehensive set of mitigations conditions of approval and voluntary policies and procedures to best prepare us and the school to be great neighbors and an asset to

2:00:12the hill street of community summit k2 cannot survive as a free public school with only 347 students it can operate successfully and be a wonderful asset to the el cerrito community at 600 students our involvement with the project does not end with an approval and we will be

2:00:28actively engaged in the ongoing operations of the campus thank you we are available to answer any questions you may have our sql attorney is going to make a couple of brief comments good evening i am the applicant's secret attorney my name is linda klein i'm also

2:01:01an el cerrito resident i wanted to address two issues raised by pellen's attorney i represent i respect the fact that he's taken the time to listen to his client's concerns i also thank you for listening to their concerns and our concerns tonight the two things i wanted to address had

2:01:26to do with continuing this hearing and decision to another day and parking in terms of continuance the city has set procedures for appeals appeals are supposed to be filed within 10 days they're supposed to state completely and concisely the issues for appeal the reason for this is to allow

2:01:50staff the time they need to address the appeal and get the packet to you and to the public but as we all know people tend to do late hits because that doesn't give anybody time to respond and that's sort of what happened here we got a letter on july 12th when the deadline for the appeal was

2:02:14june 27th we got a second letter on july 18th which we have been asking the city to send us letters so you can tell my clients very very concerned with addressing neighbor concerns they've been very generous and i wish all my clients were like that um but you know we read this letter we

2:02:34thought we needed to respond that's what you have for me right now um one of the things that was newly arrayed raised in this letter that i saw today was parking generally is actually not considered a secret issue there's a couple things about sequa first you as a lead agency have

2:02:56wide discretion to pick your own thresholds the city has not adopted a threshold dealing with parking the case cited by appellants was a mnd case and it distinguishes another case a san francisco case that says that parking is not a secret issue so there's two cases out there there's actually a

2:03:18long beach case that supports the san francisco case i think our facts are more like the san francisco case the case cited by appellants is a case out of san diego there was a documented parking deficiency of 147 spots there were numerous complaints about the fact that there was no parking in the

2:03:38neighborhood and they did not have any adopted policies to encourage transit and one of the things they said was that in cities where there is strong public policy to encourage use of public transit they can decide as a policy matter that parking is not a secret issue

2:03:59and actually you have a policy in your general plan that encourages public transit particularly around part stations which is one reason why you're looking at increasing development around the del norte bart station this school falls into that and for that reason i think you properly

2:04:19decided that parking is not an issue there's also in the traffic report documented that parking spaces are available throughout the community so there's no documented parking deficiency thank you thank you thank you and you have a minute left if you wouldn't want to use it

2:04:42seeing not we will move on um are there any questions from council to the applicant i'll go ahead and start i have a couple questions the first question i have is could you explain to me what the outdoor use of the student body will be how many students will be out on the

2:05:11open spaces play field at a given time out of the potential 600. i'm going to bring up kelly garcia the school's president if you don't mind that's fine yeah sure hi um so we have a brunch period that lasts anywhere from 15 to 20 minutes depending upon what day the week it is

2:05:32and right now we will have stagger the long term plan is that there will be when it is at full capacity two staggered brunch and lunches so at most you would have 300 students for a 15 or 20 minute brunch and a 35 or 40 minute lunch period and that's it i'm sorry and you said there would be

2:05:51how many students in those given times at a maximum capacity when there's 600 students enrolled you would have 300 at each time okay all right and they're there for the most time would be 35 minutes um one friday lunch is 40 minutes and the rest of the week is 35. okay

2:06:09and um that's an outdoor activity yeah there's not an indoor eating space so unless it's a rainy day we eat inside the gym okay um would anyone like to comment about the rocks on the roof well you know we've met with and talked to daisy and franklin quite a bit since

2:06:30we've been there when they initially brought up the issue of items coming over their fence we um we stationed a staff member along the fence line whenever there's kids out there and so we're doing everything we can to make sure that things don't fly over the fence

2:06:47and we'll continue to work as hard as we can to to prevent any items as my understanding is is that um done a pretty good job of trying to prevent that i just heard tonight about a bunch of rocks on the roof and that's the first i've heard of it i think what you'll find is that um

2:07:02having both groups involved chamberlain associates and summit and we've provided a series of phone numbers to the neighbors that are both summit and chamberlain have 24-hour lines we respond incredibly quickly i'll usually pick up the phone on a couple of rings and so

2:07:17all you got to do is call us and we'll try and work on it well it's certainly not acceptable to have rocks thrown on people's roofs it can also hurt people and hopefully that student handbook that everyone's signing acknowledges that that's really not acceptable

2:07:31behavior to being a good responsible cerrito neighbor so you know we don't want to we don't want to hear about that again um and um i'm still having a little trouble grappling with this parking issue i'm not having trouble with the staff i figured that if less than 10 percent of the student body

2:07:55most kids don't drive until their juniors or seniors it could end up being 20 kids maybe a little bit more maybe if there's not enough parking places for the kids that are driving you do a lottery or something else it sounds like you only have about 38 staff using the

2:08:10parking maximum they'll have is about 35 staff and they have a very high bart ridership rate a lot of their teachers live in the city and carpool yeah so of the current staff you have how many staff um 11 yeah well 13. 13 and how many of those currently take part

2:08:27um on any given day one two three and then another you said another couple of biker with one who bikes and then a couple carpools so you know above elm on the excuse me on the side of the school there's four-hour parking and there's four-hour parking on one side of alamo and

2:08:44probably past that lower driveway there's no restricted parking on that side of the street i'm still in a little trouble where people are so concerned about the parking i mean i understand that maybe with the for removal of four spaces being removed by their red curb i get

2:09:02that but had you had complaints prior to this that people are parking on man or circle i'm just i i mean i think it's it's a concern about future yes um we have enough staff we have enough parking on site with the with the stalls to meet the city's parking requirements

2:09:16we don't foresee requiring any offside parking and we've committed to not park offsite right so um we don't we don't see any problems coming down the pike and we won't anything and we're going to make sure to deal with anything that might happen right i mean i think it's a good policy

2:09:31too if you have a large student body 100 kids graduating and as i said before grandma and grandpa coming to graduation it would be nice to have continue having big ceremonies off campus and do it somewhere else i understand that you have a plan um to to deal with

2:09:51you know how you get people to and from the event if it's at campus but yeah i mean the school is allowed to have three outside events a year with 30 days notice to the public anything that's going to have offsite parking requires use of that overflow parking plan

2:10:03their most recent graduation they did handle offsite simply because they didn't want to have any conflicts with the neighbors and so there are events i think that would be on site that would make use of vote overflow parking but the school has shown very good discretion so far in

2:10:17figuring out what they should be trying to do on site what they know they can make sure that parking won't be an issue at and then what they may want to choose to do off-site how much of your student body currently are el cerrito residents just off the top of your head i don't need an exact

2:10:30number yeah a little less a little a little less than 20 percent i mean a lot of the emails we got in support were actually from parents and el cerrito and we've got about 30 of them just you know in the past several hours today could you explain a little bit to me

2:10:46about what goes on at the richmond campus and what that summit annex is like compared to what this is within a number of students and um the grade levels because i really i know that there is a campus there but i don't know what it is our organization builds a new school campus across from

2:11:04the hilltop mall uh it's it's got two classroom buildings and a shared play field and gym aspire public schools operates out of the one classroom building with the middle and high school and summit tam is opening this fall with the second middle and high school program that will

2:11:18essentially mirror what summit k2 is doing so essentially some of k2 has had a a lot of people on the waitlist right and so that was you know originally we kind of looked at that facility as potentially working for k2 we realized that what they really needed was

2:11:34two schools in the neighbor in the area to accommodate demand and and what grade levels are there they're both going to be grades seven through 12. and how many are there now at richmond uh none oh okay in about a month there will be a seventh grade class okay yeah yeah all

2:11:49right um i think that's all the questions i have thank you airport tim abelson um yes um i have a question uh there is a reference um i believe by your attorney to the um el cerrito um transit policy to encourage transit and um which i i believe that's in our general

2:12:15plan i remember i was on the planning commission in those days and i remember working on that and i'm just wondering um because i didn't see a whole lot of references in here in your documents or the information i got anyway that referred to it and one of the things i was wondering about is

2:12:36that we have a sales tax measure in contra costa county called major j and in that measure we fund low-income bus pass bus passes for uh students who are on the free and reduced lunch program okay so my first question to you is do you have students on the free and

2:13:01reduced lunch program yes we do or sixty percent okay um are are you aware that they can get um through our program uh free bus passes no actually so i tried to work actually with the local district through this and was told that because we weren't um a traditional district school we couldn't

2:13:24get access to them but i'm happy to reach out to you afterwards and figure out how my kids can get them well it isn't me personally but um wic tac is an organ i can tell you how to reach the organization can you say the can you say the acronym west contra costa

2:13:39it's west contra costa unif west contra cost advisory committee advisory committee thank you great didn't tell you anything that anyway it one of the things that since you have a just an absolute wealth of buses that go near the school and this will buy the students that are

2:14:10eligible you say 60 a free bus pass that they can use for all their transit needs and so not only does it get them to school without any vehicle coming it also gets them around the other thing that it does is reduce the amount of pollution that is in our community

2:14:33because one of the things that we found in studying the issue from a transfer transportation point of view is that one of the biggest sources of pollution is parents taking kids to schools in cars so i would be happy to make that connection for you but i'd also like to hope that you would

2:14:59encourage people to do that absolutely because um you know and um anyway go ahead yeah no i was just going to share that summit does have a very proactive approach to transit and they try to promote carpools public transit it's one of the things we were so excited about about this site is

2:15:19you've got 10 bus lines and bart you know within about a two minute walk and even for uh students who are not on that program a bus pass monthly is only twenty dollars i mean it's a great deal and it'll go anywhere that ac transit goes on any bus that ac transit has

2:15:40so it's it's something that could you know in listening to all this information about all these cars doing this in the cars doing that this is something that can reduce that problem but i didn't really see it mentioned in here so anyway i'd be happy to talk to you about that um

2:16:01the other question i had was the um um somewhere in this volume of documents there is a picture of uh the enter the intersection we've been talking about elm hill and um maybe it's ellen hill and um it shows that there's going to be a lot of curb ramps put in but what it also shows is that the light

2:16:32which is located the signal head that right right near there uh completely blocks it so that a wheelchair couldn't use it anyway that will be taken care of as a part of the project will they all be taken care of i don't know how many everything at that intersection would be made

2:16:47accessible as a part of the problem okay how about up and down the hill i don't know what else there is the scope of the improvements extends from um along your property south end of element hill to the crosswalk just above uh key the new crosswalk across elm so

2:17:04you'd have you'd have new ada ramps that are that you know at each of those locations okay it's not just the ramps though it's moving the signal heads because it's right in the middle of the ramp yeah is that that well then the picture it's not in the middle of the ramp it's in the middle of

2:17:20the sidewalk yeah yeah so will all of that be fixed as part of this yeah i mean the the improvements will have to go through the city's building department will have to meet ada as a part of that process okay yeah is that clear yes the plan is to move not 100 without the city staff

2:17:37saying so is that clear for you that okay so we don't need to codify it then that particular thing okay okay that was those are my questions right councilman quinto um i have a few questions um one of them has to do with the slide show that you just had up and and the presentation when you were

2:18:03comparing to other schools in el cerrito you said there's 46 000 square feet on campus but the sql document only analyzed the addition of 23 000 oh no there's currently 46 000. the 23 000 that you're talking about is a combination of replacement of some older classroom buildings at the rear of the

2:18:20property and the addition of a small building to the north end of the new classroom building which is phases two and four of the master plan right and and phases two and four will they be built out at some point there's no current intent to do so everything fits within

2:18:35the buildings that are already on site and that building the buildings that are already on site is that 46 000 square feet okay so so in the current uh conditions of approval there is still the uh there's a statement i think saying that the master plan is expected to be

2:18:51built so i'm just curious what if you're willing to strike that i guess i think we'd like to keep those approvals in case we ever need them but there is no plan currently to make to make use of them okay so if that additional 23 000 square feet is added i want to make sure it's clear

2:19:10it's not an additional 20 000 square feet the majority of that is replacement of outdated buildings i guess i'm it says it's an increase of 23 000 that was what it was analyzed in 2007. um maybe sean can clarify but not all of that is new majority of is not okay so i think what you're referring to

2:19:28so some of that was constructed as as phase one okay of the master plan the the the newest classroom building that was constructed and then and then i think what the applicant is referring to is their uh some of the subsequent phases are replacement they they include

2:19:46demolition of some buildings and and replacement with newer buildings okay great um it is the classroom space in that red to be renovated is the classroom space uh i saw somewhere with regards to the calculation of parking on-site parking requirement that you have 17 class

2:20:06classrooms because as you as you pointed out our parking requirement is classroom plus 10 percent sure the 17 classes does or does not include some of the renovation space um it includes the renovation space it does not include the new performing arts center which really doesn't have a

2:20:23classroom per se yeah okay um okay and uh that's that question um are you aware that the conditional use permit can be revoked if some of the conditions of the of the permit are not met uh very aware yes okay so so if if for example despite all of our calculations and and

2:20:46projections and mitigations that we plan on if there continues to be problems at the site it may turn out to be an in your own terms a non-viable non-financially viable site if we have to revoke the permit in some fashion to reduce the size we need to behave okay

2:21:08with regards to this the school resource officer you know safety issues it is something that obviously chief interim chief keith testified tonight about meeting with you on a regular basis if if at some point there is a a continued policing issue on campus um i'm assuming that you guys would step up

2:21:32and help us pay for that uh school resource officer you know we hope to never get there i think summits other programs are kind of testimonials to that um i didn't i've tried to rush to kind of get through all that but um they've had tremendous success with kind of

2:21:47their own brand of how to deal with that in-house it's called restorative justice and it's a more proactive approach to trying to deal with it to try and stop the problems kind of at the root so they don't recur if if we ever got to a point where that wasn't functioning we'd be happy to work

2:22:01with the police department on other solutions yeah i'm aware of that the whole school district is actually trying to do restorative justice there were some optional things that you discussed at the end of your slide you know extending the wall additional landscaping

2:22:15there was a discussion by the appellate about a net above the wall i've seen that at other schools that are closely adjacent to residential what what are your thoughts about that so my assumption is that there is a city process to try to get something like that approved

2:22:35and our goal would really be we're putting the spot of funds out there to put up with the what would work for the neighbors if that's something when we met with all the neighbors that they wanted we'd be happy to pursue that through the city approval process and see if that worked you said

2:22:50there was a an additional hundred thousand for five years was that per year or total total for five years yeah so it could be sixty one year and forty thousand later correct um all right um there was the uh appellates uh talked about the traffic data i don't know if your traffic

2:23:15engineer is here but the um the traffic data was collected before the coromazi school opened that changed patterns in ours in our city what are your what are your thoughts or your professional thought on that traffic engineer respond yep please good evening council i'm amy lopez with

2:23:44kittleson and associates um in reviewing the traffic study that was conducted for the koramatsu middle school location where it is today we found that the intersections that were studied for that for that location in fact did not coincide with any of the study intersections for this

2:24:04um for the traffic study that was provided and supports the environmental document before you tonight now when traffic engineers and on the private side and the public side work through issues with a project of any kind it is our effort to just to think through all the potential

2:24:23locations that could experience an impact from a traffic an increase in traffic or a relocation or reallocation of traffic on the circulation network and so in looking at the distance from this project site and that project site both of those project teams made a

2:24:42determination about which locations likely would be impacted and evaluated those locations so there are no common intersections in those two studies which is one step in the direction of helping us understand that the key there's not a cumulative impact to be found here

2:24:58yes it is possible for some trips to be rerouted we also see just in the course of doing studies like this over time on a day to day basis we see fluctuation in traffic and so it is expected to see some change on any given day but ultimately we make a decision to collect

2:25:19data and move forward from that point knowing that if we collect it tomorrow we'll get different numbers and knowing if we collect it next tuesday we'll get slightly different numbers that may be higher or lower does this adequately address your question i'll say yes the the question was um

2:25:42the question was about i'm drawing a blank on what my question is traffic resulting from cory monty relocating um yeah i i can tell you that from in my neighborhood there are people that have already uh from my days of doing traffic in college there's already people who

2:26:00have rerouted themselves and they you know instead of coming down cutting they turn on to tamil pious and go south on tamil pius to get to koromatsu so the presence of um you know that the the troubles at elm and uh hill have already rerouted people to use other as you say transit services

2:26:21to divert so it it the the and i'm sure that nobody enters you know looked at that intersection or the intersections that that correspond with ganges and and the other route through town so thank you for your testimony you're welcome um okay that uh see in the handbook the good neighbor

2:26:50handbook there is a discussion about the monitor will be a guardian staff or high school student the monitor will wear a bright colored vest to strap to be easily identifiable the monitor will record rule violations and remind members of the community of the rules the monitor

2:27:04will also report uh oral neighbor complaints to the school principal for resolution this is this is the in the handbook this would be to address the neighbors concerns about things being thrown over i think you discussed a staff member but the handbook does talk about students

2:27:22and i know it's difficult for some students to necessarily report bad behavior by their peer group i'm just trying to find out what what your thought is on the handbook yeah i think we want to maintain flexibility in terms of who serves that role i think kelly's

2:27:38current vision is that it would be probably a staff member or a volunteer parent and most likely not a student depending on the function but there may be some functions that would ultimately be a good role for a student in the future it would have to be the right student

2:27:53and the right function great thank you okay thank you very much i have no further questions for the applicant i have a question for the attorney yes please um the question i have is about all of the materials we've received today um i haven't read them i've been listening to what was said

2:28:22and i'm just wondering how to which if i'm just wondering what how to follow up on that um i think that during the course of the proceeding you should have an opportunity to familiarize yourself with them and with sufficiency to be able to um to vote on um the the actions that are before you um this

2:29:01evening okay and should the public have access to those i believe the public does have access to those okay i got the impression that was not true um what was because what was that they should be made available i don't know if i i don't know i see the packet there so i don't know what i have

2:29:19not myself reviewed them so i don't know whether or not all the materials are laid out there there was a supplemental two placed on the on the desk here along with our copy of the agenda packet for review in it i see that the supplemental two has disappeared okay

2:29:38so so it would it would be good if there were another copy of it made available i apologize i do have another question for the applicant around parking uh the there's a discussion about a parking permit system or a sticker system so obviously that that applies to people who

2:30:08tell you about the car they're using to get to school what happens about the senior who is driving once a month or the you know the student or staff person uses a a non-stickered car how does that how do we verify a a school-derived parking entity that is non-stickered so we're

2:30:34gonna obviously be doing our best to get stickers on whatever cars are showing up i think if somebody tries to cheat the system we're gonna have to rely on the neighborhood monitors and and worst case you know comments from the neighbors that something's going wrong i think

2:30:47that's part of the reason we've provided all the phone numbers we have and the neighborhood monitor system is to i think if we all work together we should be able to get there yeah parking is one of those ones that was described as not an environmental issue along with a number of other ones and

2:31:05some of them are things like littering and trespassing and some in many of the non-environmental ones you've attempted to deal with in your handbook or with some of these voluntary commitments that you've made tonight like extending the wall additional landscaping considering a net

2:31:23so so how how do the public how do we the the city residents avail ourselves of of corrections for these environmental non-environmental issues um the procedure that we've laid out is that we're available to take any comments from the public and we'll address them

2:31:46um but there's no enforcement of that compliance correct well the enforcement would be if again to reopen the cop if there were major issues i suppose we hope to never get there and to be responsive neighbors okay great thank you so at this time it is a time for the moment that

2:32:10everyone's been waiting for which is public testimony i believe just based on the number of slips that have trickled in we should be exceeding 40 speakers at this time number of sp estimate of the number of speakers ms morse uh we have 33 speakers 33 speakers so that's mayor lyman yes can i just

2:32:38make one quick comment before you move on to that since since you just did mention again the issue of of parking and whether it's a sequel impact i just wanted to clarify one thing that the initial study does take the view that um parking is not a secret impact

2:32:53and the applicant's council has cited the case law that supports that view but i did want to point out for the record that the initial study does analyze parking by stating that that the city's only standard is in the municipal code and that the project actually meets that

2:33:10parking standard and therefore there is no impact correct the the standard is the one per classroom and one per 10 students and the project does meet that standard correct or can with my minor striping okay so there's 33 speakers it is now 937 i would like everyone to do their best

2:33:36to try and stay to two minutes uh we will can we set the clock to two minutes yes sir um so it'll be yellow at one minute and red at two is that correct yes okay great um and as stated earlier we will be reading uh names uh off so it would be wonderful if you could line up

2:33:58so that we can minimize transition um if you have written a letter which uh councilmember quinto has already stated that we did receive and and many of us have have read them so if i uh pronounced your name earlier incorrectly or correctly and you come before us i i'm hoping that

2:34:18you will say something different than what you wrote in your letter if you are repeating what somebody else has said don't be surprised if i don't cut you off because we don't need to hear the same thing said 33 times so i'm hoping that each person will bring something unique

2:34:34to the to the speaker or to the microphone when they come forward if you want to come and give your support that's fine if somebody has said the things that you have said uh before you it's fine for you to acknowledge that and move on thank you with that we will begin with our

2:34:52speakers the first three cordell hindler followed by susan chamberlain and bill gal golovis i'm very sorry line up so uh mayor lyman uh council members i am cordell handler i'm a a board member for the park plaza neighborhood association you did not get a letter from my

2:35:13president i was like good so that's good so we i'm on the lower end of the of the proposal charter school um and uh and i spoken with uh my neighborhood association lower park and uh and parkview and we decided and we all said that we are in support of the charter school we are unsupportive but

2:35:33um then on the other side of the coin and some of the concerns that was written that was written up by mr leon he said that i have passed through the that charter school on a regular basis and i'm and i was like i never knew there was a charter school up here and i

2:35:46was like oh that's cool so i do support the charter school so so hopefully that the council will support the charter schools and and with that i'll i'll pass on to the next speaker thank you sir good evening mayor lyman members of city council and staff my name is susan chamberlain i live in

2:36:11richmond california my husband steve and i started our family foundation in 2007 and have invested heavily in support of all kids in the west contra costa unified school district including this campus our mission and purpose has been and well continue to be to assure that each and every child

2:36:38in this school district has equal access to a quality public school education when we purchased 1800 elm we realized it was a unique opportunity a historic site important to the community of el cerrito and a wonderful educational asset the chiang mai building has been

2:37:01restored and improved we hope this community is as proud of it as we are summit k2 and its students have lived up to the faith we placed in them making progress in their education we are committed to being good neighbors and our team has worked very hard to reach out to neighbors and the community

2:37:27in general our intention has always been to fully utilize the potential of this property as an educational institution and we believe our request unanimously approved by the planning commission is consistent with that goal thank you for your consideration thank

2:37:46you my name is bill golov i'm a homeowner in the 6600 block of hill street and i want to speak strongly in favor of the applicant and i want to bring what i believe are two unique points to to this proceedings first of all i want to let you know that i've been playing basketball

2:38:06in monday nights at that gym there since 1993.

2:38:11i've had a rental contract with the gym since 1995. so i've run a game there there have been hundreds of men in the community that have been served by that gymnasium it was a very brief period where wells fargo wouldn't rent to us but other than that we've had it

2:38:26continuously for over 20 years secondly as a homeowner i have had both trespassing and vandalism problems at my home and i want to tell you what the how the school responds i think it's a little bit different than the presentation that you've heard i contacted the school

2:38:44i was i was actually quite surprised by how many people contacted me back to say hey we want to take care of this we want to make this right what happened help us out so to begin with one of the students helped identify the kids that had been causing the problem

2:39:02so whether that's common or not i don't know but that happened in my case one of the students did actually speak up she had seen three boys who came onto the property secondly there was some private discipline that took place at the school that i was not a part of but i was also given the

2:39:17opportunity to meet the kids they brought the three boys to my house we discussed the situation with them i explained why i was concerned i the school handled it beautifully and we've had no recurring problems since then thank you thank you next three speakers please deborah

2:39:35mcaffrey followed by george gager and lauren campbell hello i'm deborah mccaffrey and i support the appeal for the expansion the traffic study reports transit parking in the area is full and this inhibits increased usage of bart and buses chapter 5 of the general plan encourages

2:40:08residents and visitors to use public transit increasing congestion around bart with school car traffic discourages residents in hills above the station from utilizing the area the school expansion thus is an incentive to a few visitors to use transit but may equally discourage

2:40:28residents in the hills from using bart school expansion negates the city plan here those who travel city streets to berkeley or oakland may find accessing public transit more of a nuisance for such purposes thank you great thank you very much my name is george gager i live here in

2:40:51el cerrito my son lawrence has just completed the 7th grade at summit k2 um research is my life and when we moved to el cerrito we moved here because we'd researched the schools they were fantastic we moved here 10 years ago we're we're very happy with the school

2:41:16system in el cerrito and we were ecstatic when summit k2 opened i did my research um the parent school in redwood city summit preparatory high school was recently named by newsweek as one of the 10 most transformative high schools in the nation other groups u.s news and world report

2:41:46said that they ranked summit 110 in the nation and 14 in the state of california it's a great school it has transformed our sun i make a living as a real estate developer and real estate consultant and i travel the country working on sometimes controversial uh projects

2:42:15but one of the things that i've learned is that as our communities grow and prosper um we and we often pay a price in increased traffic the need for increased services but that price is what we pay for the quality of the community that we live in and there may be a small price

2:42:41for this expansion of summit k2 but it adds tremendous value to the educational system in in el cerrito and west contra costa county and to the quality of life in our community as a resident and a voter i support it and um please conclude i'm that's it great thank you

2:43:05lauren campbell followed by felicia campbell and lee leon walker hello planning commission my name is lauren campbell and i live in el cerrado in the fall i will be a ninth grader attending summit k2 for the two years that i have been attending summit k2 it has been a

2:43:24wonderful experience i am excited that i will be able to attend summit k2 for the next four years el cerrito is a city that i know and love and by having summit k2 high school at 1800 elm street in el cerrito would be a really would be really great because being able to be in a campus where i

2:43:45already feel safe and secure in my opinion is absolutely awesome and also since i live near the campus i'm able to walk to school i support this permit with all my heart and i hope that my fellow neighbors and the planning commission will support it as well thank you thank you

2:44:08was that your daughter yes [Laughter] good evening i'm a parent a neighbor i live in the community for 15 years my daughter went to keystone madeira and now 10 summit k2 summit k2 is an excellent school and i'm happy that my daughter is doing well and will be the 9th grade

2:44:30grader at summit k2 i like the fact that she's able to walk to school with her friends and it just like i did when i was her age i understand the concerns of having a 7th to 12th grade it's a gradual process the same 8th graders will be the 9th graders role models for the new incoming 7th

2:44:53graders our student is our future having a good education and a good working positive environment is a benefit to all as a licensed business owner in el cerrito for eight years my customers support this permit and i support this permit and urge my neighbors and planning commission to

2:45:16do the same having a summoned high school at 800 elm street in el cerrito will be an asset to our growing community thank you thank you leon walker followed by bill davis and susan riggle good evening mayor and i'm council members my name is leon walker i'm a resident of el sobrani

2:45:44my daughter goes to summit after looking at all the schools in the surrounding county this was the best fit for my daughter um the students the teachers and the student the tradition of summit as far as how they use their academics and how they flipped it to make sure that the students are

2:46:10actually teaching themselves rather than the teachers the mentors are there to help them strive to go to college our kids are our future if you turn down summit what will be there what do you want there what would you rather have there would you like a detention center there

2:46:33would you like what would you what would you rather have this school has done a tremendous thing for my daughter my other daughter is looking forward to going to this school and there aren't too many things you can say about a school that actually supports your daughter supports the community

2:46:54this place supports this community i'm hoping that you guys will approve summit high do not leave these dragons behind hello mayor lyman council members thank you for allowing us to speak this evening i would just echo some of the same comments that were made but one of the things that really

2:47:22strikes me is the proactive approach that this school takes to working with this community i don't see it in other schools i live in panel we don't have that same approach and that's one of the things i appreciate about this school is their commitment to partnering with

2:47:37the community in order to make sure that we have a vibrant community a vibrant experience within that area and to make sure that issues are addressed proactively quickly and to everybody's benefit so i just want to urge you to deny the appeal to approve the process

2:47:57that we're going through tonight thank you susan riegel followed by kristen mccaw and lorraine sanader hi council my name is susan riggle and i live in el cerrito i didn't plan on coming tonight but i did go to the board of education meeting in 2013 to just find out what was going to

2:48:17happen in my neighborhood about summit and essentially they said there was going to be a 300 person school and that was it nobody they every time somebody would ask a question about what are you going to do about the high school students they evaded the question

2:48:32and so now here we are three years later guess what that evaded question they now think is the high school and nobody seems to care that the the neighborhood doesn't really need 300 more students in that place when three years ago essentially the district or the

2:48:52board of education said that the the place couldn't accommodate it now it can i'm just curious thank you good evening mayor lyman and members of the el cerrito city council my name is kristen mccaw and i am the chief of staff at summit public schools i'm here to share some additional context on our

2:49:16organization summit public schools was started over a decade ago by a group of parents and educators in the bay area who believe that all children deserve a high quality public education since then our mission has always been to ensure that every student has the

2:49:31opportunity to not only attend but succeed in a four-year college or university following demand from parents who wanted their children to have access to summit's high performing personalized learning model we have opened more schools and now operate 10 schools led by capable and

2:49:47experienced leaders supported by a team of professionals with expertise in school operations finance and much more at our schools every student participates in a rigorous college prep curriculum which includes taking at least six ap courses prior to graduation and

2:50:08at summit 99 of our graduating seniors are accepted into at least one four-year college our graduates are also completing college at double the national average summit has always been deeply committed to sharing everything we are learning with our peers in addition to hosting

2:50:25countless tours for interested educators we have launched a program now in its second year where we are partnering with over 100 school districts district schools and charter schools from communities across the country these educators are participating in professional development with our

2:50:41teachers this very summer they will then go back to their campuses to implement personalized learning right now on our campuses you will see educators setting aside their differences to work in unity to better serve all students like all of our schools the educators at

2:51:00summit k2 work tirelessly every day to make their school an asset to the el cebrito community please support summit k2 and the many k2 families and students you see here tonight by approving this campus thank you good evening mayor lyman council members and staff my name is lorraine sonota

2:51:27my home is on the northwest corner of key boulevard in hill street [address removed] we are affected as follows since the addition of summit k2's 8th grade fall 2015 we experience the impact of more school traffic with only two grades seventh and eighth with an

2:51:49enrollment of 240 students with the regular school year schedule proposed to be 630 students for 7th through 12th grades in the summer school schedule proposed 315 students we will be severely impacted year round the 12th grade begins in the fall of 2019 no dates specified for the summer

2:52:14school enrollment as residents of key boulevard elm street we are also impacted by local traffic and even more traffic whenever the i-80 corridor to and from san francisco oakland bay bridge has commute problems drivers seeking surface streets as an alternate route to the interstate

2:52:35highway use our neighborhood streets as an alternate route often it is the same time frame as the beginning and end of the school day to leave our home we have to wave signal to vehicle drivers queuing up at the southbound traffic signal in order to enter the through traffic lane from curb parking

2:52:57we cannot use our driveway because of the volume of traffic in the traffic backup at the traffic signal prohibits backing out onto key boulevard development of new housing near del norte bart station will further impact traffic and that would include the development

2:53:19of new businesses the proposal to remove parking on the west side of key boulevard between cutting boulevard and liberty street will impact neighborhood residential parking park commuters will park for more than the allowed four hours on our residential streets where el cerrito parking permit

2:53:40holders can park the residents purchase el cerrito parking permits to park on the street we frequently have vehicles with no parking permits in front of our home for more than four hours ms i'm hoping you'll wrap up soon yes we would appreciate the al cerrito police department enforcing the parking

2:54:02limit i have sent an email to the police department former police chief silva moore in september notifying the parking enforcement staff but i've never seen anybody patrolling the time thank you great thank you um for those that have plans to speak continue to speak about the

2:54:23virtues of of summit i i want to let you know that as mr giffin very clearly said earlier this is about land use and any uh subsequent operator will benefit from the land use decisions that may or may not be made tonight so to the i appreciate your testimonies about your experiences

2:54:47or your students experiences with summit but it but the virtues of summit are not what we're discussing tonight it's the land use of the site and so if you are you're going to to testify about the sum the summit's virtues i'm hoping that you will talk about how it relates to the land use

2:55:08decision that's before us tonight next speakers please kazoo nakahara kim zvik and david l science elsa [Music] good evening i am kazue nakahara and i am um resident of el cerrito for 41 years i am concerned about the traffic and the noise that have been brought up

2:55:40because those kinds of things will lower our property values and i worry about the things that my neighbors have had to deal with i am also a retired teacher i taught at portland for over 18 years and when i so i appreciate wonderful schools and we have brand new campuses

2:56:13in el cerrito we have koromatsu and we have el cerio high both of which have wonderful facilities and my kids went there and they had great education as well but this is my concern as a public school teacher that charter schools siphoned students from the public schools

2:56:36and lowered the school funding making the class sizes last year at portal at coremonza excuse me in excess of 40 students per class and if you want a good education for every student this is not fair for the public students everybody should have you know a smaller class sizes that would be

2:57:10great so i'm just cautioning you to think about that kind of consequence if you bring in more students you're going to siphon them off from the other public schools and please please hear the concerns of the neighbors of summit and they said how they would deal with things and i'm

2:57:46really hoping that they will so that the neighbors will be happy to have them around please conclude thank you thank you good evening i'm kim zuvik i live in kensington i've lived in this area for 30 years my final last child lior is at k2 summit and he was a disenfranchised child with

2:58:12dyslexia and not served by any of the other schools how does this appeal how does this apply to land use the original orphanage orphanage was serving japanese-american orphans during the depression and asian-americans weren't allowed to own land until the 50s in california and

2:58:30many places like alameda that's your historical perspective i do not want to have the vast minority children that are served by k2 to be disenfranchised by a negative opinion on this land use request i really think if you thought about the orphanage and the founding people there

2:58:53what they intended was to serve children and have the laughter of children wafting through the trees if that's offensive to some neighbors i'm sorry for them miss garcia had to shush our end of year party because she had a neighbor taking photos of us as we're having a balloon fight with the

2:59:12teacher and the kids were laughing with glee and that was a sad statement of the gentrification of a neighborhood that should welcome the next generation of children that's one piece the other piece is the parking have you seen prospect sierra on avis when it's time to pick up the kids

2:59:30with all the rich parents and they're three blocks long cars waiting to pick up little johnny and sue because those parents can afford to have all those cars i know that because two of my children went there they wouldn't admit my dyslexic child however thank god i had

2:59:47k2 the reason i bring that up is that we don't have this parking problem here at all i've never once seen cars do that ever here we've never seen them built back up even one block and the fact that you're next to bart is awesome because it allows the teachers and children of that age group

3:00:06particularly seventh through uh 12th grade to use that transit so i'm going to conclude my comments and i hope you favor 4k too thank you thank you hi uh my name is dave el susser i live here in el cerrito um i support the appeal i'm in small company here clearly um

3:00:31uh my dad was a public high school teacher for over 30 years my wife is a teacher i was also a teacher a public school teacher um my young oldest son attends west contra cross county uh public schools um and my youngest will attend next year um i am philosophically opposed to charter

3:00:52schools that is a private management of publicly funded institutions for myriad reasons that i could not possibly address in two minutes um but uh for those uh for not for one one of the things that jumped out at me in the um the report uh from gentlemen i'm not sure i don't recall his name uh was

3:01:13that the expansion would make his uh the pri it more financially viable i thought that was very telling that's the one thing that jumped out to me in the three hours i've been here um so in any event that's my two cents and again i uh i urge you to say no to the expansion thanks great

3:01:30thank you uh kelly garcia followed by zach jackson and michael ray wisely good evening council members i'm kelly garcia the principal of summit k2 summit k2's mission is to prepare a diverse student population for success in college and to be thoughtful contributing members of society

3:01:57i want to start by clarifying who those summit k2 students are we are a diverse student body that aligns intentionally with the district's demographics our students are predominant predominantly latino african-american and over 60 percent meet federal standards around

3:02:12poverty to receive free meals almost one in ten students are served by special education programs any suggestion that we pursue one type of student or shy away from another is misleading and personally insulting i've dedicated my life past 20 years to educational equity for

3:02:30underserved populations regardless of the elementary preparation that our students come to us with we believe in their future success and work relentlessly to support them when the school opened in 2014 we tried very hard to be good neighbors and to truly become a part of the elm

3:02:47street neighborhood we have opened our campus to local people and groups who need it we have been responsive to neighbor concerns and we have participated in local community service we want to be a neighborhood asset and great neighbors and our students and families are committed to making this a

3:03:04reality i'm grateful to the chamberlains for the work they have done with the primary issues of land use i would be remiss if i didn't take one second to address the questions around the educational equity opportunities i wholeheartedly agree that there are amazing public schools in el cerrito

3:03:21but there are also students who are not excelling at them and we can't ignore them most importantly in the work that i'm the most proud of is the real integration of student populations that we are relentlessly working to achieve our classrooms are not segregated

3:03:36our students are not tracked alongside providing a rigorous college preparatory education for every single child we are intentionally and developmentally tackling identity consciousness and relationship building we are developing young people who can navigate this very scary world in front

3:03:54of them i would hope that el cerrito wants more children running around this neighborhood who are being supported in this development it is good for them the city and frankly this world i urge you to please uphold the planning commission's unanimous decision of our

3:04:09use permit amendments thank you thank you next good evening council members my name is zach jackson and i'm here as an el cerrito resident i live in alta punta terrace and i walk to bart every day to take the bart train into the city and have done so um ever since we've

3:04:29lived there in addition to the signatures that were gathered there our resident neighbors in support of the project we also solicited support from from neighboring businesses in the community the businesses we spoke to were especially excited about the increasing

3:04:43patronages project this project bring to this to the area the gradual increase in summit k2 student body means means an increase in potential customers for each of the businesses we also receive positive feedback regarding the proposed intersection improvements that will make it safer for

3:04:59pedestrians to shop in the area to help ensure the positive relationships for years to come we provided each business with a copy of our draft draft good neighbor handbook which you guys are all very familiar with um and a school a list of the contacts of the school in case any

3:05:17questions arise please note that the written support which i'll supply this to the council but was signatures by local businesses was received sorry to help to ensure positive relationships for years to come sorry please note that the written support was given by over a dozen businesses ranging from

3:05:39large corporations at safeways and staples and to smaller locally owned businesses like giovanni's please consider these important business voices this evening uh please help us increase the economic vibrancy of the community by denying the appeal and upholding the planning commission's

3:05:54unanimous decision to approve the permit permanent amendments for the summit k2 thank you next names please michael ray wisely followed by dora grenera and marlene keller hi city council i am mayor greg lyman it's an honor to speak to you and uh today uh in favor of uh summit cato

3:06:18my name is michael ray wisely i'm a richmond resident uh however i had the honor to be a part of the early initial stages for k2 back when the chamberlain foundation so generously bought the property and so generously offered it as an educational facility they were looking for ideas and

3:06:38one of the things that that really came that made me become a part of it was that there was no other opportunity in the area for education for people who uh who are disenfranchised not only for people who are economically um challenged but also who have different

3:07:00challenges uh of all kinds of various kinds uh summit k2 not only has a um a culture of equity and of excellence but they also have a culture of addressing the concerns of not only their student body and community but the community in general whenever i was talking to my daughter on the way here

3:07:23whenever i told her she she had to come and join me here tonight because she was also part of getting this charter started was that it's very important for us to listen to our community it's really important for us to be involved in a process like this and i and i really appreciate uh

3:07:39the neighbors who came forward steve haynes and the other neighbors and i'm sorry i don't remember your names right now but uh i think it's important for all these students to hear this and see how government works and that's why i i ask you to please support and continue to support k2 and to deny

3:07:56this appeal because summit creates several things one of the things it creates is it creates community within us and as these students go from seventh to eighth ninth twelfth grade this community that it creates is going to be ingrained in them and so each class is going to find more and

3:08:18more respect not only for themselves but for the community some of it also creates graduates as you've heard from all the statistics but more than that in a land use summit creates great citizens and i would urge you to take that into consideration all right thank

3:08:33you very much hello um just very quickly i just want to clarify that this is not totally about the landscape but just reasons why we should keep the property summit property word is now um hello my name is zoro ganera and i am a student of summit k2 i am 14 years old

3:08:56and going into the ninth grade i don't live in el cerrito but i live in richmond and i have been living there for my whole life usually i'm not the type of person to express my feelings and thoughts very openly but today is a day where i won't when i first found out about sony k2 i

3:09:13thought to myself it would be just like any other school there is in my district but somehow it wasn't when i first started summit i was super nervous due to not knowing anyone and having to learn in um excuse me in a new way that i wasn't used to in my elementary school no one ever used

3:09:30the term independent learning or go at your own pace summit taught me that i never knew college was something you had to prepare yourself for and i never knew how independent you have to be in college well guess what summit k2 prepares you for that summit teaches and

3:09:46tells you ways you need to get done in order for you to achieve that certain goal you're going for i'm not saying this to advertise summit in any way but more like defending summit because i truly believe summit is a great school summit k2 benefited me in a way where i

3:10:02was able to be understanding of others and be patient i know what i want in life i met wonderful kids who are like me and i never knew i could meet people who came from same background as me same goes for the friends who are different and tell me about their different

3:10:16backgrounds there are teachers who care for our careers without hesitating whether they should help us or not we the students are the future of the city state and country the reason why i believe summit is a great school is because summit is a part of my life and it's also a part of

3:10:32everyone's life as well taking away something that's of value to our lives will make an impact on us all i usually ride with my mom sometimes in order for me to get to school but sometimes i take bus to school and back home it's easier for me to transport back into since summit is literally

3:10:49close to the bart station and the ac transit if swami k2 wasn't here we wouldn't be the students and adults we are today education is the most important thing in a kid's life even though there are many schools we could go to there's always that one school that we all belong to and that's

3:11:06some k2 so please uphold the unanimous decision of the planning commission thank you good evening mayor lyman council members manager hannan and staff um i'm marlene keller i'm a resident of el cerrito and i'm a property owner i live up near madera school i've toured the summit school

3:11:36i've talked by accident to students and teachers and parents of summit i've read the documents i've listened really hard tonight i found out about this conditional use permit on july 4th when i was manning the one the people manning the booth at the july 4th city event for the el cerrito

3:11:59library foundation i'm a volunteer for five city entities and that means i love the city and so to be specific looking at each of these issues you've very thoughtfully exhaustively have examined and professionally examined noise parking traffic even privacy and security

3:12:25i see no reason whatsoever and i have a background looking at planning documents and er irs from two jobs i see no reason not to support summit's desire to expand and the planning commission's unanimous recommendation the last thing i would want in the city would be a bad traffic

3:12:50bad parking bad noise bad security bad privacy outcome for anyone but i just ask that you think about this as you do is policy trade-offs and return on investment i can't imagine weighing something this important that involves our future citizens these wonderful

3:13:13students value we're in a city where we value education hopefully more than anything to produce a diverse inclusive environment that you have so ably done for so many years thank you thank you eugene go follow by before we go on how many more speakers do you have

3:13:35uh just a moment please um quite a few you know what i'm thinking extended yep i have 14 slips left half hour look can we get can i get a motion to extend to at least 11 p.m please yes i'll move to extend the meeting to 11 pm tonight second motion by bridges seconded by abelson to

3:14:04extend their meeting from 10 30 to 11.

3:14:07all those in favor please say aye opposed abstentions we'll make mr friedman an abstention uh the let the record show it past four to one four zero one mr go good evening mayor lyman and city council members my name is eugene grow i live in [address removed] i support safe and

3:14:31excellent education for all students el cerrito's general plan calls for 1.26 officers per 1000 daylight daytime population the windrush study in 2007 says 1.8 officers per 1000 population either way the k summit k2 expansion increases el cerrito's daytime population enough to necessitate hiring

3:14:58at least a part-time officer the police department has a full-time officer with car at the karamatsu junior high and two officers at the el cerrito high school this maintains the standard for service to teenagers during school and for minors after school in the surrounding

3:15:16neighborhood and businesses summit k2 is close to major business such as safeway where police activity is always uh frequent already neighbors tell us they're perhaps they prefer to shop elsewhere because of their concern about their safeties the city police department has concerns

3:15:39about security problems of schools with older children or older students actually in the past our police chief expressed concern that the age difference between middle school and high school students could preserve could preser present security challenges if housed together on one campus that

3:16:03concern came about when a proposal to move portala junior high school temporarily on to the al strudel high school campus during the building of the new katamaro junior high school as we know portland junior high school portland high school junior high school had

3:16:21portable buildings uh located on their playing fields what until the new school was completed the new conditional use permit could change our police department with extra work to review the security and policing needs of the school regularly this conflicts with city plans which

3:16:44calls for avoiding undue burdens on the police department please conclude please conclude okay uh the city council should consider very carefully and granting any exception to the applicants nor waive any of the standards of service summit k2 should be asked to

3:17:01provide the same support for police presence that thank you for your comments and i have great concerns for the 7th and 8th grade safety at summit with the proposal adding ninth ten eleven twelve and since i've heard that tv news report about this survey of seventh graders having

3:17:24bullying problems thank you thank you the next three speakers are jeff rosenfeld william jones and hannah kim hi my name is jeff rosenfeld i live on manor circle i've lived in el cerrito for pretty much 20 years uh i love this town um it's it's got a lot of great things

3:17:45going for it and this is the first time however been part of any kind of planning process and i was kind of shocked by how the residents the voters actual people who live in the town don't really get listened to very much in the process nobody asked us questions nobody offered

3:18:03to come take a look and see what what it's like living in the neighborhood what traffic is like nobody nobody reached out meanwhile the school was conducting tours and reaching out actively and marketing uh to the city so i was puzzled by this process and i was

3:18:18also puzzled by the reports that were there were all sorts of weird things like the whoever did the traffic report for the uh basis uh conditions somehow xeroxed the numbers and used them again for the uh cumulative uh in numbers it's like is this a xerox oh no it's not there's a little change here

3:18:36a little changer but it's just like how do they come up with this kind of projection where nothing's happening in 20 you know 25 years so i looked at the basis of the eir and it seemed like very clearly the general plan has a lot to do with how you're supposed to make your decision it's got

3:18:50to be in conformity with the general plan well i never read the general plan i looked in the general plan i didn't see anything about educational opportunities there was nothing in the el cerrito city plan about providing additional educational opportunities there was nothing in the

3:19:05el cerrito plan about encouraging middle school and high schoolers to use bart in particular as a way of increasing bart ridership which is what the city says is a goal of the project that's the city's goal for the project i found that very strange these things what i did

3:19:20find in the general plan though is that del norte is scheduled to be an important revenue generating development for the city and i just don't see how we could want to choke off this this development area i see in the general plan that it's important to make use of the city's

3:19:36advantages as a business location and i offer our advantages are easy access to barton highway easy driving on local streets easy parking great people pat ourselves on the back okay it's true i mean this is a great town and it's it's laid back please do not make this in albany please

3:19:52do not make this berkeley a downtown berkeley people don't like going to these places and fighting for traffic okay this is what's going to happen with this neighborhood if you start ringing the actual priority development areas with this development that we frankly

3:20:06don't need thank you thank you good evening council members um i appreciate your attentiveness um i realize it's getting late in the hour uh my name is william jones better known as bubble man i do bubbles at target i live in richmond my granddaughter attended summit

3:20:29the entire bay area is dynamic all the communities are facing increases in population traffic and noise these things are inevitable this isn't a rural a suburban community everything must change progress is fluent the staff of summit is concerned with the neighbors concerns

3:20:52ms garcia and her staff they're excellent at what they do excellent educators they teach not only curriculum but also the nuances of being a good citizen i don't see where there's going to be a problem with the latency or some of the things that i've heard tonight

3:21:15uh in this world we must all coexist and have compassion for all especially children the noise you hear is progress the traffic you see is progress folks going to work going to school innovative educated people eager to contribute to our society el cerrito i hope will welcome these

3:21:40children and let them know that you're investing in their future and their success thank you thank you um good evening my name is hannah kim and i will be an uprising eighth graders on my k2 this fall um i wanted to say that i had a great experience as i'm a k2 and i would like to have that for the

3:22:02rest of my high school life and so yeah as for the neighbors concerns i do understand their concerns about parking traffic and noise however summit is only adding about a hundred students per year so judging by that we have about four years to adjust the plan essentially about how

3:22:20to improve on that so also my sister she attended saint mary's college high school which is located right smack in the middle of berkeley a very crowded place and that um they managed to like negotiate with the neighbors find parking solutions stuff like that and it has been done before

3:22:37and so i was saying that some k2 can do that too with especially since bart and ac transit is right next to us thank you great thank you linda ruiz lowsets with maya corral and alonzo ramia coutura can you say the first one again please sure linda ruiz loads it lozit that's it

3:23:03she here yes she's coming i see her okay followed by maya corral and alonzo raimiya couture good evening go ahead and pull that down so you can speak into it thank you um good evening i want to say to please support our students by approving the conditional use permit

3:23:28and as others have said um i think the school's addressed all the concerns and the planning commission has unanimously approved this plan i've been a very involved parent in the school district for many years um and i really very much appreciate the education my daughter has been

3:23:48getting at this school she went to regular district school for seven years and this year she's going there and i find that she's become much more engaged with the school um and let me see i've always found that when i've dropped my daughter off at the school that i have never seen a traffic

3:24:12problem even when there's heavy rain and adding the students will be gradual and it'll take more years to go up to the 12th grade and i'm sure summit will do everything possible to not inconvenience the neighborhood and this could include encouraging carpooling and

3:24:28staggering school start times i think that windrush school must have been planning to increase the enrollment by quite a lot i wasn't at any of their hearings but i looked at their master plan and they were adding and i think this was mentioned over 23 hundreds

3:24:4823 000 square feet the large new building has about a dozen classrooms so you look if they were thinking of putting even 20 to 30 kids per class that's over 300 kids that they were going to add and that they were adding new classrooms where now um education matters has their offices

3:25:11so i'm kind of you know wondering did people complain then or is this something more more personal because i did see one of the main complaints that appellants doesn't live near the school i believe she lives near madera or something so i'm wondering if her motives are more personal and political

3:25:34please conclude okay so i'm hoping you approve this and one reason would be the mentor program because if the school is divided up and my daughter has a mentor and all these kids have a mentor that helps them academically and also if they're they have personal problems they have someone that they can

3:25:55talk to and this would be broken up if the school was broken up thank you [Applause] maya corral followed by alonzo romeo couture and helen couture rodriguez good evening council members thank you for letting me speak tonight my name is maya correal and i've been a

3:26:16resident of el cerrito for the past five years my daughter is an eighth grade student at summit k2 and i'm here tonight to ask you to uphold the planning commission's unanimous decision to approve summit k2's youth permit amendments at 1800 elm street in el cerrito california

3:26:33summit k2 is an excellent school that has been a good fit for nia the instructional learning environments have helped her to develop into a self-directed learner who's comfortable and competent to take responsibility for her learning she is a member of the leadership team

3:26:49and enjoys her role in planning and supporting events within the school community the expansion to the ninth grade will allow nia to continue to participate in the neighborhood school that has come to feel like a second home the pace of the expansion will be a gradual one the incoming ninth grade

3:27:05students are members of the current eighth grade class they are the founding class and are thoroughly versed in the vision and expectations that have been established for the entire school community they will be excellent role models for their incoming underclassmen

3:27:20we are grateful to have summit k2 located so close to our home here in el cerrito the close proximity of the elm street at cutting location means that she can walk to school and during these walks nia has met many new neighbors and developed a greater comfort in

3:27:34independently going out and among the greater el cerrito community her father and i believe that it is experiences such as these that help to foster strong safe and connected communities i know that summit k2 is committed to being a good neighbor and i believe that

3:27:49the growth of the school will be a positive we'll have a positive impact on the neighborhood as some have mentioned the new crosswalk being installed at elm street to the north of key boulevard the improvements to be completed at hill and elm streets and key boulevards the open

3:28:04houses and planning commission study sessions and hearings that the schools participated in and to communicate their vision and answer questions and lastly the traffic control team and their increased efforts to support the fluid and appropriate progression of pedestrian and automotive

3:28:18bicycle and bicycle traffic throughout the neighborhood and school community in closing i respectfully ask you to uphold the planning commission's unanimous decision to and approve the use permit which will allow summit k2 to operate our high school at 1800 elsewhere elm street this fall thank you

3:28:34for your time thank you uh what's up el cerrito i'm uh my name is alonzo and i've been resident of el cerrito and i'm a student of summit k2 and hopefully will be a freshman next year well this coming year um and i just want to start off by saying that this school

3:29:05means a lot to me and not just me like the whole school everyone and from what i learned from this school is that there's a lot of people there that are going through really tough things and especially those who live in like pretty tough neighborhoods and live pretty tough lives

3:29:26and when i was in madera i wasn't exposed to those kinds of people like there were just a few but wasn't didn't really pay that much attention to it but now the match summit i can actually see like the whole truth what these people go through and um just this see like

3:29:46sometimes some people just opposing the school i just want to tell those people who oppose it that um just put yourself in a situation back in my age back to when you're 14 or something and just see how would you feel when other people are opposing a school where

3:30:05your future life will depend on it and where you will go to college and just who you want to be will be affected by it and we all want to go to college and we're working really hard to it and just really hope we approve it thank you thank you we we've lost our microphones and

3:30:27the mics are very directional so um if it's not at the right height for you here's in here the micro the speakers try this one my name is helen couture rodriguez i live at [address removed] i've been a 10 and a half year long resident of el cerrito i'm a summit k2 mom that was my son

3:30:52former madera mom pta active member earth day network earth day event volunteer green team volunteer etc i've invested my considerable amount of time life and family in the development of our community i'm very proud of what we have accomplished in el cerrito and the time

3:31:16that i've lived here congratulations to those of you who've been upholding the environmental standards we'd like to see you polled and uh and in that vein i do believe that a denial of the appeal and a yes vote for summit k2 to continue on is really important to uphold the

3:31:37type of vision we have been reserving here in el cerrito living in manor circle first of all i want you to know that there are people at manor circle who do support this school i'm happy my son can walk right next door to school and hopefully we'll continue to do so

3:31:53for the next four years of high school we did have the opportunity of going to el cerrito high not been really happy about shootings into incidents uh i mean let's talk about what's been going on at el cerrito high we're very happy to have another public option

3:32:10and the restoration of the chiang mai building was done so well i really hope to see that that is used as an educational resource here in the in the city [Music] strong bonds are created at this age the type of community integration that's going on as far as land use how are we using the land at

3:32:341800 elm street we're using it to build strong leaders in our community that are being exposed and integrated at an early age to reverse the trends that we're seeing nationwide right now when it comes to violence i think the things of another campus resource officer might

3:32:51even be overstated for summit k2 because they're starting from an early age to understand how to tackle problems before they begin to give you a personal experience we had a argument come up and at home as most people do and one of the things my son first did kind of took his father and i off guard

3:33:10which was uh let's sit down and talk about this at school we have something called restorative justice we sit down in a circle and we peace build and it just stopped us in our tracks like okay please please start to wrap up yeah so i believe this school is part of what

3:33:28we need to see as a change of trends and to see it happen here in el cerrito is a privilege we are creating considerate mature high schoolers uh hopeful high schools schoolers and um i also want to just say that thank you we've had parking violations and crime on manor circle high school or

3:33:49no high school thank you miguel ramia followed by kristen jones and linda klein i'm not sure if you want to speak again valerie snyder is after that michelle we've lost the speakers up here so i actually don't know when people can hear me they're showing that they're working

3:34:16here i mean i've just put it at full blast well okay that's that's a little overkill but yes i we can hear it now okay please proceed okay thank you i think you said my name is i'm here now i'm um leaving manor circle as well [Music] my son and partner already spoke

3:34:47i just want to point it out you know we live in the state of california which is one of the 10 top economies in the world the bay area is a place with a lot of innovation and wealth but unfortunately the state has a broken educational system we parents know how difficult is to find

3:35:06a school for our children and finding schools that are willing to go the extra mile while offering offering a safe modern culturally diverse and advanced curriculum to help our kids to become college ready is a luxury that we cannot afford to lose great schools libraries community

3:35:27centers parks good clinics and hospital are essential for any city and yet it's so difficult for people like us to agree uh upon these projects all of them are positive examples of what a strong community should be and yet we fight them because they could bring some inconvenience

3:35:50for our personal lives inconvenience that i don't hear very often when someone is trying to open a firearm stores a liquor store another fast food restaurant or another car dealer in the city in my opinion is indeed shameful that today is easier to open on any of these

3:36:12businesses well while projects they make communities stronger have to face endless procedures and sometimes very silly obstructions i need to very candid about some of the concerns that have been raised here about potential increase in traffic and noise they are very legitimate

3:36:33and makes sense if we were living in a small village in california central valley but we are living in one of the biggest metropolitan areas in the country please begin to wrap up traffic will continue to grow not because summit because the bay area population is growing

3:36:50is plenty of housing projects around the area and neighboring cities kids are noisy we were noisy when we were at school thank you for your comments well let me finish i strongly believe that we cannot jeopardize the future of of the school and the students by comparing comparing personal convenience

3:37:12over community values thank you thank you kristen jones followed by linda klein valerie snyder and daisy liang thank you and linda klein did you want to speak uh valerie snyder okay valerie snyder followed by daisy leong susannah spiro and ann flemer flemmer good evening i'm valerie snyder i live

3:37:44in el cerrito i believe there are three appellants who filed the appeal their attorney referred to the three individuals as quote neighbors i would just like to point out that one of the appellants is not a resident of the summit neighborhood since her complaint is about traffic

3:38:06i have to question her motives in opposing the summit expansion she was an advocate of closing castro elementary elementary school which had an enrollment of about 230 students and moving portal and middle school which has a now has an enrollment of 600 to the site

3:38:27i question if an individual who does not live in the neighborhood has legal standing to appeal the planning department's approval since she is not in fact a neighbor the appeal is not about traffic it's about it's about the appellant dislike of charter schools thank you

3:38:48thank you daisy long followed by susan spiro and al and ann flemmer mayor lyman and council members thank you for an opportunity to speak my name is daisy leong and i want to mention that we did file our appeal on time and we're not against the charter schools at all and any

3:39:15neighbors who come to talk here live in el cerrito and if they drive around our area they will be affected by the traffic they don't have to be right next door at manor circle i have lived in el cerrito for many years and on manor circle for over 40 yes when we purchase our home the hair was a

3:39:32school behind our property my neighbors and i have never and i repeat never said we did not once summit here we support education windrush came in 1987 and through the years there was a series of hearings and appeals with the city and the neighbors fought hard to get some protection from

3:39:51noise and with middle school students throwing objects into our yards climbing over fences trespassing into our properties etc leading to the current 2007 windrush summit in january 2014 just a few days before the hearing on summit's application to operate a school here

3:40:10doug giffin education matters had asked for a meeting with the neighbors we were curious and asked doug about high school plans and he told us that they are looking for another site we understood this to we understood this to mean summit would not be expanding to include a high

3:40:27school and did not object to summit's application doug had told us he has read the city's voluminous files on the history of the many problems the neighbors experienced when windrush was here we interpreted that summit would take into consideration the concerns of the

3:40:43neighborhood and their planning for their future but we feel that a good neighbor would not proceed with an expansion knowing that it would adversely unpack the entire neighborhood and a community we urge you our elected representatives to protect us the neighbors who must

3:40:59live next to summit many of the residents in this area are seniors who have put our lives into this community and feel right now that we are being pushed aside by our very own city a petition with 114 signatures from residents opposing this expansion has already been submitted many are unable

3:41:19to attend and most are uncomfortable to speak in a public setting but nevertheless want you to know they too oppose this expansion and sport appeal please conclude education matters but so do we please do the right thing by us we elected you thank you thank you

3:41:42hi uh my name is susanna spiro i've been living in el cerrito for over 15 years and currently on manor circle over the fence adjacent to summit k2 and i am in in support of the appeal um i feel that an expansion of this magnitude of the school is inappropriate uh for this neighborhood um i i love my

3:42:07neighborhood i love the character of my neighborhood i love its diversity it's friendliness it's a busy neighborhood it's close to bart but it's not too busy to be to feel dangerous my two young children feel safe playing and uh playing in the street there and uh i feel that we're reaching with with

3:42:29this expansion a tipping point where this neighborhood will no longer be a pleasant place for families to live um and frankly i am dreading what it will be like when there are 600 new students at the school um i um we have trash coming over our over the fence we

3:42:50have had rocks coming over the fence uh we had an apple thrown at our window that could have easily harmed one of my children or broken our window and while i appreciate the school's sincere intention to deal with problems when they come up and i'm not claiming that they're

3:43:07unresponsive to problems i i feel that you know intentions don't actually stop situations from happening and i don't want my family and my neighbors to be the guinea pigs for this experiment of an unwieldy large school on a small site in a residential neighborhood

3:43:26i've also found it disingenuous when the applicant has stated several times that summit cannot survive unless this expansion is a is uh is approved if the if if that's true why did they come to this site in the first place with with uh under a conditional use permit of 347 saying

3:43:46that they just wanted to be a middle school of seventh and eighth graders um and knowing all along that they plan to expand why did they assume that this that this expansion would be approved i don't understand where that complacency is coming from and you know i just feel that most

3:44:04students at summit are not el cerrito residents they're coming from other neighborhoods and as the appellants mentioned you have to balance the needs of the residents with the desires of the school thank you um bayern council there are four speaker slips left so it's ann flemer followed

3:44:23by michael woo jane kim and troy tyler uh good evening uh mayor and council members i'm ann flemmer i'm a 35-year resident of el cerrito i'm also fully engaged in issues of transportation long career in that field i just wanted to speak be i came not thinking i would be speaking but i felt

3:44:46compelled to do so this city has a legacy of doing great planning thorough analysis linking land use transportation decisions in all my career in transportation i don't think i've seen a sequa document and supporting documentation that has been as thorough as this for the scale

3:45:08of this project and nor have i seen quite the responsiveness of k2 in responding to every adverse impact that even could be imagined let alone found in the analysis i would really ask that you deny the appeal i am a neighbor here i'm within six blocks of this school i know the area

3:45:30very well we have to have faith that commitments that are made in this process will be carried out you also have sequa behind you if they are not carried out you have recourse and i think it's very important to move ahead with this decision so the unbelievably eloquent students who spoke

3:45:48this evening will have a place to go uh in the fall and i would say that as good neighbors if the neighbors of k2 student body comport themselves as they did at this meeting for the length of time they've had to be here i think we're all in really good shape as neighbors to k2

3:46:07thank you thank you hi good evening my name is michael i live in the [address removed] so my property is on the south side south side of the school of sound fans yeah i know the nice the time is late so i'm cut very short i only have a two point one is for the parking space i

3:46:30just want to remind the counselor the last year um the city just proved that this project 1715 elm street says there is a they will have a 15 unit apartment over there so there and recently we just learned that the developer just changed from the sale the property to become the rented property

3:46:51so they will have more renter coming so we don't know that is if a property has more renter coming so they each person will have their own car so they will have a more car on the street now so if they cut down the cut down this parking space on the other side and

3:47:08they actually there's the more car needed the parking space it's just coming okay of course the the size still we don't know when they will start but the city already proved it okay and then the other the other point is the noise yeah the um there's the specials just say the

3:47:25average all the noise one is from the daytime and the night time but i really disagree with that we are not we all know that our spouse if our spouse is very cute very lovely but they screaming to us three and a half hours four hours per day at the day time and the night

3:47:42time they are very gentle we still get crazy you know you you cannot every other average all those effect effects say oh you every job balance the screaming and the non-screaming time so um i think the okay the quietness is and peaceful life is i think that every the property owner

3:48:02wanted this kind of life but for us we have to fight for it for it since the 1990s the wind rushed you know when they started the problem so even now is still after 20 years we're still fighting it's unbelievable okay i thank you thank you good evening um my name is jane kim i'm

3:48:26the oldest sister of hannah kim who will be a rising 8th grader at summit k2 and i'm here to urge you to deny the appeal against the the commissioner's approval for the amendments to summit k2's youth permit i would like to first acknowledge the traffic concerns and the noise concerns i do

3:48:45think that i do believe that they are valid i will not just i will not discount that however i do believe um i honestly believe that it is the hesitation of the neighbors to really move forward and to transition to provide opportunity for these middle school and high school students

3:49:01potentially and hopefully um to move forward with this big project um and that is what's causing um the delay and the opposition with this project i don't think it's right for our decision to be based based upon the hesitation of the neighbors to move forward and really

3:49:16transition and try to overcome the traffic concerns because some it has extended its hands and its commitment to be a good neighbor to um address the concerns of traffic and noise and i don't really think that it would be appropriate for the decision to be made based on that personal

3:49:32hesitation and to transition thank you good evening um thank you all for your time i i appreciate your patience in indulging our all of our comments tonight and i want to start my name is troy tyler an 18-year resident of el srito i live two blocks from summit k2 and my daughter is

3:49:57a member of the founding class of summit and walks to school every day entering hopefully ninth grade this fall i've got two points tonight first of all i've attended every every planning commission meeting and tonight's meeting in in support of k2 and in that process

3:50:12uh with a number of other parents sought out non-parent uh neighbor support for the for the expansion of k2 and this uh edit to the conditional use permit and we've submitted that previously at other meetings over 30 uh non-parent um neighbors have have supported this

3:50:30effort in addition to the businesses that were mentioned earlier i'd like to elevate this a bit and ask you to consider one point as you're seeking out ways to decide tonight on this issue and in particular look to our very own city of el cerrito updated strategic

3:50:47plan dated april 2015. and i'd like to read briefly our vision uh as a city that's that's quoted and approved by this body uh it states that the city of australia is a safe this is our vision uh the city of bell street is a safe connected transit oriented and environmentally focused destination

3:51:06with welcoming neighborhoods thriving businesses vibrant public places and diverse cultural educational and recreational opportunities for people of all ages i submit that this topic in front of us tonight fits very nicely and fully supports our vision as a city

3:51:31as summit offers a diverse population a uh excellent educational opportunities which have been spoken of tonight and allowing our businesses to thrive again which was given evidence tonight in a transit oriented environment please begin to wrap up thank you any more speakers

3:51:51and no other request to speak okay i want to thank everyone for their time tonight i really truly appreciate the number of people who came forward tonight to speak especially the students it was very enjoyable to hear you guys be so eloquent on this matter i also want to thank everyone for being

3:52:13civil uh having us supporting this civil discourse and uh being able to you know present their uh their comments in a in a constructive way it is now four minutes before eleven uh we have extended the meeting to eleven what i'd like to do at this time is uh take a brief recess i'm thinking on the

3:52:37order of uh ten minutes okay five minutes but it would be an opportunity for you to read some of the documents that have been presented before us so we can craft our questions any remaining questions in a in a positive way before we go to recess i'd like to um do we need to leave it open and for

3:52:57any additional questions is that correct we have questions yeah so we need to leave the hearing open so there's no motion to close this time so what i need a motion to root to recess and emotion to extend is that correct that's correct okay um so moved well you've got to name it i'm certain

3:53:16in that motion tonight let's start with 11 30.

3:53:21you know it takes more time to do it in increments than just to do it and then we don't use it that you have a point but i'm not certain i want to commit to midnight second midnight all right so the motion on the floor is to take a five minute recess and extend the

3:53:37meeting to midnight a motion made by evilson uh seconded by bridges all those in favor please say aye aye those opposed abstentions but the records show that mr friedman who's watching us at home can stay there for a little bit longer i i did want to let the council know that we had a lot of

3:53:55single copies of letters that were submitted and i'll leave them up here all right thank you look at that thank you everyone i know uh i know mr friedman is is looking at home is is watching at home i'd like to do a quick straw vote on how late people can stay how late the

4:03:48council can stay and if we will be taking up the eldorado question tonight um you know so i wanted to take a quick straw poll if if that's something that we felt we could accomplish tonight yes i'll stay as long as it takes okay so we will um not be moving the el dorado we

4:04:09will not be continuing the el dorado item so we will come back now and talk about uh questions from council uh any additional questions the council may have uh mr woodruff uh it if you could just quickly summarize the actions we're taking tonight which i believe are is certifying the sequa

4:04:31document and either upholding or denying the appeal that's that's correct there there are two actions in front of you um resolution certifying the supplemental eir including approval of the mitigation monitoring reporting program um and the errata and additionally the changes to um the

4:04:58mmrp um that tied to the changed um mitigation measures and then a resolution upholding denying the appeal and approving the project is staff's recommendation to you great okay any additional questions to anybody in the process appellant applicant or staff or even the city

4:05:22attorney um i'm just going to ask two well i'm going to start with two questions the first is the appellant um complained i guess you might say that they didn't have a timely that things weren't done in a timely fashion but by my estimation they were given 10 days to appeal from june 15th

4:05:46to june 27th that happened there may they they wanted to submit some supplemental i guess questions after that but maybe this is also for mr woodruff but it seems to me we actually met the letter of the law and those two in a complaint or comment yes i mean i think that that the city

4:06:09has complied with its with its own rules and any applicable state law regarding on the timing of of this hearing um there's i mean i just note for the record that there was a 45 day circulation period for the eir there were multiple planning commission meetings there has been a significant

4:06:25period of time available to everybody who's interested in this matter to submit comments on all aspects of the project okay um and that i think that the council can proceed with a decision tonight if it chooses to do so all right thank you for that um the the second comment that we heard um

4:06:44was that they felt they weren't listened to and i don't know if that's because of our time constraints i think planning commission actually has a similar procedure and i don't think that by nature any of our staff or the people in the diocese are particularly unsympathetic

4:07:02to um to hearing what our residents have to say about things so it kind of bothers me that that was stated but in the f in the um fscir there's 59 pages of responses from staff about the the questions and i think it answered pretty much everything that's been brought up tonight and everything

4:07:24that was brought up by them i think those those answers have been made um and that's just sort of my observation and it kind of bothers me that there's that sensation out there that they're not being listened to because i i don't i don't think that's actually the case

4:07:43um and then um i just wanted to point out one of one additional piece of information about noise and that is i believe condition 34 addresses noise that if three neighbors complain about have noise complaints that it'll trigger another noise study is that correct

4:08:02okay that's all i have for questions for questions uh vice mayor abelson any questions i think i've gotten all my questions answered along the way councilman quinto i do have a couple of questions um one is with regards to traffic i forgot to ask this earlier um there was a series of questions or

4:08:27discussion at some point about turns out of the driveway um our right turn on red or loud out of the driveway um i believe i mean it is right turn only and i believe you can make a right turn on red i don't know isabel still here no no no okay i i'm i'm yeah i stand corrected if that's

4:08:55okay well if it's in their homework if not it should be prohibited because i could just see somebody making a right turn and then trying to make a left turn and having a you know left turn on to uh [Music] key and there being some real snarls as a result of that sudden uh

4:09:15movement so i just wanted to echo that that one to staff as discussed there's a number of non-environmental issues that have been discussed brought up and and planning commission has put many of those into the use permit how will the conditions be in the use permit be verified and

4:09:40enforced um there's a variety of enforcement procedures um sort of established in in the use permit um so for example um the uh the the the noise issue that council member bridges was just mentioning that that issue is enforced by the zoning administrator and if if

4:10:03a certain number of verified complaints are received by the zoning administrator then that condition would be would be enforced so there are several uh commit uh conditions like that that are um complaint driven um so if if staff receives complaints we will we will

4:10:17investigate them and um and enforce those conditions accordingly and then other conditions of approval are are triggered by other aspects but um in in general our our code enforcement staff will um will uh enforce the conditions in the use permit okay and then um

4:10:38before the meeting i asked you about a couple of the use permit conditions that are active existing conditions of approval this is on page 11 of the staff report there's two number 16s that deal with area b and sorry areas a b and c and their use and these are the areas

4:10:58that are on the south side of the property um they did were you able to resolve what the use permit should say with regards to these areas yes it appears that the agenda bill that there's an error in the agenda bill so i think if you look at it that condition is actually

4:11:20number 19 i believe yeah i think it's actually modified below by uh resolution 9816 um so you can see um where is it so it says all school related activities in areas b and c um as limited by other conditions approval shall begin uh no earlier than 8 30. i think that is the one

4:11:50however up above it talks about area a and this so i'm just curious what is the restriction on area a so that area a what was supposed to be b and c from from the original resolution i have the original resolution okay so that is what that's what you're calling

4:12:06the typographical error right is the second number 16 at the top of the page should be b and c correct okay well that's that's odd because the first number 16 talks about two and a half hours to 4 30 why would there be an additional one that would be to 3 30.

4:12:35so can can you look at the original resolution so the original okay here's so this is resolution 98 28 yes and you you want me to read uh number 16 one of the 16s or both of them yes yeah it says in in areas b and c a maximum of two hours and 30 minutes of schedule active

4:12:58non-directed play shall be permitted each day prior to 3 30 monday through friday okay and and is there one before that that talks about b alone see an area there's area a alone ah okay area that would say in area a a maximum of two hours and 30 minutes of scheduled active non-directed place

4:13:21you'll be permitted each day is there a time limit two hours and 30 minutes no no to to 4 30 or 3 30. it doesn't specify it doesn't specify okay great so in our um use permit we do not have a restriction on use of a so the only use on a is 18 which says area a can be used essentially unlimited

4:13:54between 9 30 and 4 30.

4:13:56is it is it would it be appropriate to add a two and a half hour time limit to number 18 is as pursuant to the one you just read from uh 98-28 or 89 29 28 i don't actually know you said 98 but i think it's 89 20. 89-28 and yes we can carry forward that condition of approval

4:14:22so it would be to number 18 we would be uh talking about limiting in number 18 area a to two and a half hours 18.

4:14:36[Applause] um yes two and a half hours and number 19 should be modified to be 430 is pursuant to peace pc 9816 yes yes okay sorry um and [Music] uh that concludes my questions to staff at this time any other questions no i'll entertain a motion to close the public hearing also

4:15:33move moved by uh moved by bridges and quinto uh you guys can thumb wrestle who's the second um all those in favor please say aye aye opposed extensions let the record show past 4-0 to close the public hearing this is our opportunity to deliberate a motion or discuss the matter on the floor

4:15:59i will start on my right hand side miss bridges you've been going all night so i'm going to ask mr quinto to start any discussion this is this is your opportunity for discussion on the matter who i think we have had discussions for now what three hours now so i think it's time that uh

4:16:19we can make a decision on this great thank you mayor pro tem abelson um i would like to codify the discussion that was held about making the sidewalk accessible the entire length of the school which is i believe completely on elm that is that correct i mean so this would be you're asking

4:16:44for a a permit condition that would talk about making sure that the east side of elm is accessible and where should that be inserted it would be it would be a new possibly a new conditional use absolutely you could add a new condition of approval to the draft resolution

4:17:08before you this evening okay i want you want you guys to start crafting on some language while we continue to deliberate um the other thing uh was the um i'm getting brained in um oh it was the um discussion about um students getting to school by students and maybe even

4:17:40others getting to school by transit that there will be a concerted effort to work with um wick tack the western and crosstalk county towns usually just referred to as wic to take advantage of any transit options that are available that would encourage everyone to take transit to

4:18:14to the school what that will help do is alleviate the issues with the cars okay so where would we put that would be the question we could also add that as an additional condition of approval in the use permit any others not at the moment councilmember bridges um so i have a couple of thoughts um my

4:18:51first is um on the lower lot should i wait first off on the lower lot i was i'd be interested in seeing if we could make that access right in and right out through the the area where there's the do not block i think i have a lot of concern about the queuing and then we've heard an

4:19:16awful lot about traffic we we have some some things in place through the mrp that this will somewhat be resolved but i i think this would be a good idea so that would prohibit left turns from elm into that lower lot and it would prohibit left turns from the lot to southbound

4:19:39elm correct second my second thought is um i'd like to add an additional condition that uh the sh that summit k2 meet at least quarterly with the neighbors on on their property at least for the first year and maybe even longer than that to make sure that the neighbors feel

4:20:09they're being listened to and someone is actually addressing their concerns about rocks garbage apples whatever it is parking traffic queuing whatever i think i think that dialogue i think they're going to be good neighbors i think that it's important that the neighbors feel that

4:20:27you know summit's going to be a good neighbor and i think that we need to write that condition in that that should be happening as a point of clarification council member bridges would it be sufficient to have some at k2 host a quarterly meeting in that there may not

4:20:45be a way to compel people to come to a meeting but they could they could host it and make it put it out on their internet they have an email list um basically facilitate a meeting on a monthly basis at their campus yeah and i think that's just for transparency and

4:21:02everybody's going to be one happy family and i'll let you wordsmith that um there's a question about your previous the left-hand turn one if a left-hand turn is not allowed then what are people gonna do and is that maybe even worse well because if you can't usually if you can't do a turn you want

4:21:34to do then you go somewhere else and do some sort of funny maneuver that's what i'm thinking well i'm just thinking with the traffic with the the signal being there that it's going to be triggered and they can turn right out of that parking lower parking area and i mean let's face

4:21:53it if i had to do that and i really wanted to be going to berkeley i'd probably go to the light i'd go to the upper lot at hill street where the light is there if i want to turn left because they'll be able to turn oh they can't they have to turn right out of there don't they

4:22:12no thank but but but i appreciate your your you're asking apparently i have a fan gallery for my comments okay after you have a comment about that yes i i would say that um i do have a little bit of concern about restricting the left turn into the parking lot um

4:22:34because if that's not here she went back to her office to work on uh council member abelson's request but um just logistically i i don't i mean it's a legal turning movement to turn left there um signage would be difficult mid-block i think in that location so i think with

4:22:53you know without constructing some sort of traffic island i think it would be difficult to restrict that turning movement into the parking lot out of the parking lot is is easier i'll remove that condition but would you leave the out is that what i'm hearing no i i will let the whole thing go and

4:23:10if cueing backs up then we'll deal with it another way i think there should also be language as a condition that if public safety feels there's a need to have a a school resource officer that summit will assume the cost and i will leave that up to the police chief

4:23:38as to how that gets determined i think we've done a good job with our other schools but i think that that's an important thing i think we've had some um some of our speakers address that issue and you know what it's probably never going to be necessary from what i'm hearing but

4:23:57it's not really um discussed in in anything here and i think it's important so that would be if you look at item 47 you cite a conditional use site on 47 prior to commencement of each regular school year there's a meeting the last sentence basically says in addition the school administrator and

4:24:18the chief of police shall meet at least every 90 days to discuss security and policing needs of the site and the policing need might be an sro what's not stated here is the cop is who funds that that policing need and so what you are suggesting is that if policing need is needed

4:24:38that the school will bear the cost of that of that policing of that service yes that's what i mean did you did you i'm sorry i didn't catch that yeah so 47 we would add a new sentence at the end of 47 that any policing needs will be funded by the um by the operator app i think we're using the

4:25:05term operator is that correct okay or is it operator applicant what's the term we're using um well um i mean you can use whatever term you want i mean the school administrator is used um but project operator would probably be more more appropriate in this sense

4:25:28um but i i i do want to just make sure i understand the condition at the end of 47 the sentence would say any policing services needed shall be funded by the project applicant it's in their best interest to avoid the need for policing correct could you say such as a

4:25:55certainly we can expand that such as a school resource officer okay that way there's it's clear that that is hopefully they don't need it yep um that's all okay the applicant's here and i know the applicant mr giffin i see you i know you made the commitment on your

4:26:42slide with regards to the wall extending the wall if the neighbor wanted it is that is that what i heard the neighbor wanted the wall extended process of working with them if you could come to the mic please and take your time um so the neighbor does want the wall

4:27:06extended and it's just a process of making sure that whatever design we prepare is compatible in appearance to the sound wall and meets whatever we have to go through whatever city procedure might be required to get that approval excellent so in item 10 uh to address neighborhood concerns

4:27:27up to five additional trees may be added i the do the trees we haven't had a response from that person yet so we don't know that they want them so that one could stay as may add it as a screen further the existing sound fence located along the southern property line of the site

4:27:44shall be extended is that an acceptable edit to the applicant as he sits down you know you can say from there i'll relay your message yeah i think it's just important to clarify that it's not a sound fence it's more of a security fence make sure that the appearance is

4:28:00compatible okay so so can we strike sound and just say the existing fence located along the southern property line of the site shall be extended up to an additional 65 feet is that staff nodding their head it is okay excellent we put in something that says subject to

4:28:23city approval process yes subject to city approval and process there's one other thing i wanted to change sorry i didn't make a note of it quite as clearly as i wanted it to be okay i'm not finding the other thing that i wanted to change so maybe it's not in this one

4:29:24any other discussion points or thoughts at this time um i i have one other thing that i want to make sure that the public is aware of um and this is supplemental communication number 23 mitigation measure traffic five there are some changes to this that that make it more measurable and

4:29:49more meaningful the project operator shall not allow recurring vehicle cues to interfere with the vehicle travel lanes on public roadways it shall be the responsibility of the project operator to ensure that recruit recurring vehicle cues do not occur that interfere with vehicle travel

4:30:05lanes on public roadways um and further down the the next edit major substantial edit the project operator may propose and the city may approve alternative alternative means of eliminating vehicle cues in order to achieve the required standard of ensuring that recurring

4:30:22vehicle cues do not interfere with vehicle travel lanes on the public roadways so i just want to make sure that people are aware that we did the changes we made to mitigation measure traffic 5 did substantially provide for a more measurable response there mayor lyman if i could

4:30:43just add one thing to that i just wanted to clarify that the that those changes to that mitigation measure as well as the deletion of the last paragraph describing alternative b on page six six of the draft dir are changes that would not require recirculation of the eir excellent thank

4:30:59you for that point we have two motions before us tonight one of them is in supplemental communication 21 which is the resolution of the city council of the city of el cerrito denying no that's not the first is it one this is the one that's certifying this is supposed to be the one that's

4:31:23certifying oh so it does both it does both at the same time then what is the other motion for is the conditional use permit got it there's a there there should be one resolution that is certifying the eir um excuse me let me make sure i've got my thoughts straight on this uh certifying

4:31:44the eir sorry it sounds like you were about to read it yeah actually they both say denying so which one's supposed to say denying i'm sorry both of what both resolutions that we have before us tonight say denying denying the appeal and approving the project but there should be one that

4:32:00is there should be one in front of you that certifies the eir approves the mitigation monitoring and reporting program approves the errata um and um uh and as and per the previous discussion carries through the changes to the mitigation measures through the mmrp

4:32:19correct i was going to make those edits to this but i'm the this resolution title that was supplemental communication 21 uh appears to be more than necessary for what the motion needs to be can you review do you have supplemental 21 in front of you i'm pulling it up now

4:32:47because i believe all it needs to be is a resolution certifying this the sql document all right um if i i'm seeing one oh yes i'm sorry you're right that the the title of the resolution does still say denying the appeal um since the appeal did include since some

4:33:21with the subs with the second letter from the appellants it became clear that they that part of their appeal included the certification of the eir the addition to the title of the resolution clarifying that you are that staff's recommendation is that you'd also deny that aspect of the

4:33:36appeal so deny that the that aspect of the appeal and certify the er and take the other actions that are listed which is consistent in the now therefore be resolved clause as well is that correct it is yes yes okay so we have two actions before us this particular one uh supplemental

4:33:54communication 21 that also certifies the eir if we could please make sure that we strike the last paragraph on page six six of the draft subsequent eir and adopt the amended mitigation monitoring and reporting program amended to reflect the revised mitigation measure five

4:34:24correct so the the errata should be reflected in the in the recitals of the resolution um we're striking the last paragraph on 6.6 and modifying the mitigation measure mitigation monitoring and reporting program is not right so i think as long as those changes to the errata are part

4:34:41of your motion then that would make that action have i clearly read the motion that i'm seeking i'm looking at the city attorney um can you hold on just one second i just want to i just want to check one thing yep while he's doing that mr moss have you developed language for miss abelson's

4:35:18two items which i wrote down was accessibility on the east side of elm and seeking transit passes for youth from the west contra costa transit advisory committee so and also the program other programs at wic tech that could be for adults oh okay so all transit all transit options have

4:35:43incentive programs um for that condition um the wording could be the staff will provide a contact and introduction with the staff of wic tech west county transportation advisory committee and other transportation resources available in the el cerrito area to facilitate a

4:36:08meeting with the project operator to assist or facilitate reduced transit uh reduce cost transit options to the students and faculty of the school okay so that's the that and that major does that mean that would be item 48 yes okay and then um item 49 would be as part of the improvements to the

4:36:36key elm hill intersection the project applicant shall provide accessibility improvements including the removal of sidewalk obstructions it should be noted that elm street itself cannot be made accessible because of this the natural topography but so um to the extent possible with

4:36:56current topography staff will work with the applicant to i'm talking about regarding width so certainly we can work on the width absolutely it's uh that in there okay so um as part of the improvements to the key elm hill intersection project applicant shall provide accessibility

4:37:15improvements including removal of sidewalk obstructions and including additional width where warranted and are we modifying uh for example number 33 or number 36 to address the quarterly meetings hosting the quarterly meetings or did you introduce a new 50 to do the quarterly meetings

4:37:43i think at this late hour i think it'd be easier to introduce condition 50.

4:37:47okay um which could read for the uh a year from the date of this action the applicant shall host or the school show operator shall host quarterly meetings with the community inviting all the surrounding neighbors to address any concerns they may have regarding the

4:38:05operation of the school great that would be 50 does that meet your needs um did you say it was going to begin a year from now no commencing um one so maybe i did but what i intended to say was convincing from starting date for a year okay the operator will yes that's fine

4:38:25that's 50. yes okay and that that's our second motion we're not there yet our first motion mr woodruff okay i just want to make sure i'm just going to go ahead and summarize it one more time just since now there's been intervening discussion it's to adopt a resolution

4:38:39certifying the supplemental eir and approving the mitigation monitoring reporting program approving the errata deleting page 66 from the last paragraph from the description of alternative b on page 66 of the draft supplemental eir and revising the mitigation monitoring

4:39:01reporting program to reflect the changed mitigation measures in the errata correct and you you did you would be reading the that we would be denying the appeal and certifying the eir and all the other things that i just listed okay um can i is anybody willing to entertain

4:39:20that motion yeah i'll move resolution to the city council of the city of el cerrito denying the appeal the planning commission's approval of application uh pl 15-0 and certifying a subsequent environmental impact report and can i continue yep and adopt and adopting a mitigation monitoring and

4:39:46reporting program for a conditional use permit to allow operation of the school with grades 7 through 12 for maximum of 630 students during the regular school year and a maximum of 315 students during the summer session at 1800 elm street now i i'd like to and including the

4:40:05other changes including the other actions that i described yes which is striking the last paragraph of six six yes and modifying the mitigation monitoring plan to am i repeat there's a motion on the floor made by bridges seconded by quinto discussion no all those in favor please say aye aye

4:40:29opposed abstentions let the record show that it passed unanimously [Applause] thank you we'll move on to item 6b it's a public hearing at this time uh sorry 6c no i'm sorry there's still the there's oh we have the second we have the second oh the action that's right

4:40:55that's right kali all right um i the we have before us a second resolution uh which is the actual condition use permit um that we've been making changes to uh the condition use permit we made changes and i'm hoping staff will keep up with me here uh we made changes to item 10

4:41:19uh where we said the site shall be the the existing fence located along the southern property line shall be extended up to 65 additional feet the materials used in the fence extension should shall be harmonious and compatible with existing materials already on site

4:41:34subject to city approval and processes we made changes to number 18 where area a will be limited to two and a half hours of use between 9 30 and 4 30. we made changes to item 19 where b and c will be have a maximum use of 2 hours and 30 minutes up to 4 30. we made

4:41:56changes to item 47 we added a sentence at the end of 47. any policing services needed shall be funded by the project operator comma such as a school resource officer we added item 48 which is uh staff read quite well with regards to facilitating a meeting with wictac for transit

4:42:23options we i did adam item 49 which was to make sure that the project operator makes the east side of elm accessible uh with with regards as as possible with regards to width with existing terrain and we added item 50 which is the school shell for the first year host quarterly meetings

4:42:46did i miss anything i don't believe so i think that covers it great so with those modifications that i read i'm looking for a resolution of the city council emotion emotion yup i'm still moved um so that do we need to read the title if you would for the record i'm sorry

4:43:09with the changes that i just rattled off the motion that miss abelson just made is a resolution of the city council the city of el cerrito denying an appeal the planning commission's approval of application pl15-0006 and approving a conditional use permit to allow operation of the school with

4:43:23grades 7 through 12 for a maximum of 630 students during the regular school year and a maximum of 315 students during the summer session at 1800 elm uh all changes to the use permit noted uh that i made so ableton made that motion second seconded by quinto all those in favor

4:43:43please say aye aye opposed abstentions let the record show past 4-0 now we can move on to to agenda item 6 c 6 c is item 60 is pl 140 one sorry pl one four hyphen zero one seven one el dorado town homes tentative subdivision map why are you looking at me like that

4:44:11six c i thought i said 6c they closed the public hearing it's yeah 6c um and uh let the record show that councilmember friedman has rejoined us okay mr friedman would you like to make a motion to extend to 12 15 since you uh have enjoyed i don't know what a nap

4:44:48i wish it was a nap so moved all right we have a motion to 12 15.

4:44:52second second by bridges uh all those in favor please say aye aye mr moss thank you for your patience take it away thank you welcome to the late show with sean moss i need a couch and ed mcmahon right here um i will try to keep living in the past i will try to keep this um i will try to

4:45:19keep this brief but i want to cover as much as necessary but again i can go into anything in more detail if necessary but i will i will try to um keep this as brief as possible um so the um the project site um that's for this project consists of four parcels um

4:45:42one parcel contains a single-family home one parcel contains a duplex and two other parcels contain an rv park uh city records confirm the the property's use as an rv park as does the california department of housing and community development which which does permit the site

4:46:03and their permit and database list the the site as being permitted to have 28 rv spaces with drains and zero mobile home spaces and the applicant has submitted an application for a tentative subdivision map to allow a 20 to allow 27 town homes on three lots with three additional lots for

4:46:25biofiltration and private driveways the buildings are arranged in three rows with two driveways one driveway would be accessed from avila street and one from the end of santa clara street both avila street and santa clara street terminate at central park so there's a vicinity map

4:46:45you can see um dim the lights yes you can see here is the end of santa clara street here is avila street this is central can you please use the mouse so that uh the video recording can yes indicate oh there's the mouse it's back now thank you um all right each townhome would have a

4:47:13two-car garage on the ground floor with one bedroom and living space on the second floor and with two additional bedrooms on the third level the site also features a small landscaped area adjacent to central park which would serve as it would serve as common space for

4:47:34the residents as well as storm water filtration during wet periods each unit would also have some amount of private open space in the form of privately fenced front yards as well as upper level balconies we can go now to the site plan the design review board did comment on

4:47:56the application during conceptual design review in october of 2015.

4:48:02the board gave the applicant many comments many of those comments were incorporated into later revisions of the project and if the subdivision map is approved the project will return to the design review board for formal consideration the project is consistent with the

4:48:20standards of the zoning ordinance including the rm the multi-family residential district in which it is located so i'll just go through those standards briefly the maximum density is 35 units per acre this project is under that at 32 units per acre project is is less than the the maximum

4:48:41lot coverage allowed the project is at the maximum height of 35 feet the project observes all the required setbacks 10 feet on the front 10 10 feet on the sides rear set back there's only a small portion of the the project that would be considered a rear and it's over 45 feet to the buildings

4:49:09at that point um project has has two curb cuts um as i said for the two driveways um one one per lot is allowed so uh you know minimum of one per three residential one one per residential lot um project conforms with the vehicle parking requirements of two two spaces

4:49:29each each each of those would be in a garage um in addition the the bike parking spaces the the uh each unit would have additional space in the garage which is not required for parking um or storage of anything so that could be used as a as bike parking so the short term is it two

4:49:46for the whole project or two for each building two for the project and that's in the commons common public spaces okay thank you um let's see the minimum amount of more than the minimum amount of site is devoted to landscaping minimum is at 15 they're at 18.

4:50:09they've provided more than the required amount of of private open space and therefore they've provided the uh required amount of common open space as well so i just want to touch on some other issues title 18 of the municipal code establishes the review procedures and

4:50:34the basis uh for the review of tentative subdivision maps um those standards are contained in the agenda bill um the subdivision map act requires that the city council make a finding of general plan consistency in order to approve the map that finding has been made in the agenda

4:50:51bill as well the subdivision map act also requires a report on the impact of conversion to another land use for mobile home parks however that requirement specifically in the statute applies to mobile home parks and floating marinas the housing element does contain some

4:51:13policies which while they do not directly relate to this project they do still appear to discourage the displacement of el cerrito of existing residents and staff was very conscious of those policies in the processing of this application and in light of of those issues

4:51:35city staff in consultation with the city attorney did request that the applicant prepare a report similar to those types of reports that would be required for mobile home parks as a way to provide additional information to decision makers so that report was prepared it was

4:51:52included as an attachment to your agenda bill the report details the existing conditions at the park um at the time the application was submitted in in december of 2014.

4:52:03uh the report documented that 33 people uh resided at the park at that time and just as i said in december of 2014.

4:52:12by the time the report had been prepared some some residents had relocated some other remaining residents were able to reach an agreement with the property owner whereby the property owner provided assistance to those to those residents and the details of that of that

4:52:33agreement are documented in the report um through the preparation of the report and the assistance that was provided to the residents the project has minimized the the impact of displacement um and for all of these reasons um staff believes that the project is consistent with the general plan in

4:52:55addition the agenda bill has detailed all of the the various uh general plan policies that the project will implement um the project is exempt from the california environmental quality act pursuant to the infill exemption and that information is also detailed in the

4:53:16agenda bill there are um there are several uh requirements that need to be met in order for that exemption to be valid um and so staff has justified those those items uh in the secret discussion in the agenda bill so that concludes my presentation i'll just for your benefit i'll go back here

4:53:35and put up a more useful slide and i can answer any questions you might have uh the applicant is also here tonight mr friedman any questions for staff uh not right now uh mr quinto i don't have any uh mayor pro tem abelson no councilmember bridges yes um so i have a

4:54:03question about um conversion um to condos and rental units my understanding of that is that that is if you had an apartment building and you were converting that to condos there's protections for that but this that's not really what this situation is this isn't this wasn't an apartment this

4:54:26was an rv park that's been brought up and i just wanted to clarify that that's our view staff and i have have reviewed the municipal code and the applicable provisions of state law and don't believe that this situation is one that qualifies as a condo conversion under either the

4:54:46municipal codes provisions which the municipal code does contain a chapter related to condo conversions or to any other provisions of state law okay and um could you just speak a little bit about energy update um use of solar what's what's the intended plan there so

4:55:03the the applicant can actually provide you more information about how the the project will be yeah the energy efficiency features of it and this is outside the san pablo avenues specific plan correct okay that's all i have um let's see questions the the findings that we're looking at

4:55:38tonight do not necessarily include they include some housing element findings there are a couple of housing element findings i'm curious we why we didn't evaluate one of them is housing element 3.5 which is regarding disability the other is housing element uh 3.1 which is regarding special

4:55:59housing for special needs is there a reason why we didn't look at those uh elements this evening in our findings um i mean i i wouldn't say the the you know the project is not inconsistent with those uh with those general plan policies um and you know you certainly if if you um

4:56:19you know if you if you felt that uh you wanted to include them as justification for making the finding of general plan uh consistency you certainly could do that well i mean housing is not necessarily providing needs for special needs handicapped people at this point

4:56:37is it or i may have looked at something wrong it is not but it it does meet the um it does meet the the legal requirements uh the building code requirements and such forth um with respect to like spacing within the unit like dwarf widths and stuff like that is that

4:56:54is that what you're talking about correct um there there are some some accessibility requirements in the code regarding accessibility of of bathrooms and such and those requirements are met okay and then into the rooms sorry you just can't get to the rooms yes that i'm assuming that

4:57:15we'll have discussion about that at some point this is questions uh we are in the um with regards to this public hearing we announced the item staff's done the presentations questions from council and then the mayor will open the uh public hearings so we're in questions to staff

4:57:33at this point um all right i'm going to go ahead and move to the public hearing component we will open the public hearing my understanding is we have three speakers tonight consistent with our other items i would love to hold those to two minutes i think the applicant would like to give a

4:57:53presentation also if that well it's not on my script if they would like to do a presentation um what is the duration of your presentation i think i looked at it in the uh in the information that we have and it looks like it's about 25 slides i don't think you can do 25 slides in two

4:58:12minutes so just okay fine you if i'm dead here up here i'm wearing any t-shirts um yes if if you would please all right that's not me looking for that presentation so while we get started here let me introduce myself my name is keith mccoy i'm a partner with urban community

4:58:58partners we're the developer we're a berkeley based developer focused on infill residential and mixed-use walkable communities tonight we've got our whole team stuck it out and uh so i have two other presenters with me our architect and our sustainability consultant who will answer some

4:59:16questions with regards to our sustainability plan for the project um so let's just get started i forget i did just click it that one okay so uh tonight we're gonna talk about the location briefly since you already just heard from sean uh the project overview this is a sustainability plan and we'll

4:59:36have a brief q a before i get started i just want to say uh thank you to both margaret and sean and melanie who i think is still here this evening the staff that we've worked with over the last year and a half two years on this project they've done a great job uh

4:59:51helping to shepherd the pride the project through the process so we really appreciate your staff this evening so the location uh it's located just be uh between alvarado street or el dorado i'm sorry and availa street next to central park it's got a beautiful walk score of 84.

5:00:10uh it's very close to shopping it's about a 10-minute walk to bart and uh it's got easy access i hate to speed you up we we know all right great transit nearby uh it's outside of the san pablo plan but it's uh and it's in a residential neighborhood thank you suzanne if the alarm goes off

5:00:34it's because it automatically arms at midnight oh good all right here's some photos of the adjacent neighborhood you've probably seen them before and i'm going to have peter our architect talk about briefly the overview of the architecture good evening peter stackpole with lca

5:00:57architects and thank you for staying late for us let's see just briefly here a view from avila here park at the end you know the statistics at the bottom here they've already been discussed so i'll move along the site plan has a couple of important issues that i

5:01:20want to point out the there are 32 units three-story town homes they're arranged in three lateral blocks they're arranged arranged parallel to the street so that we can maximize the frontage of units on the street itself we've set the units back so that they each have an entry courtyard and a gate

5:01:42there are two driveways the driveways do not connect there's been discussion uh and some concern that that that they did not and it's important that they don't because we're we want to discourage drive through use if we connect those two driveways non-residents will use that driveway to

5:02:01drive from avala to el dorado and and back and forth and it's not good for the project really to do that i want to point out a couple of other connection issues we have a sidewalk along one side that does allow pedestrians to pass through the site so you can walk from el dorado

5:02:22here enter pass through and walk on the driveway to clear the other side we have a nice little relaxation garden we call it with a bench and a nice gravel path there's a bike rack here i think those are the the critical points that i want to make there let's quickly go back to the

5:02:45perspective we did have uh quite a few strong comments from design review as has been mentioned um design review knows what's appropriate for their community and we listen carefully we've come back with a completely different design than we had previously a very different look

5:03:04much warmer colors much more identification of each of the individual units much larger overhangs shadow lines eyebrows over windows definition of corners bay windows that provide additional detail we have had additional discussion with design review board members and we feel

5:03:26confident we're on the right track with them moving forward just briefly the elevations the only point i want to make here is that we've used the light and dark colors the warm and the white to again identify and isolate the individual units so it doesn't look like

5:03:44an apartment block it's obviously town homes two unit types uh plan a and plan b plan a is 1500 square feet three bedrooms uh one bedroom on the on the living level two on the top floor uh tandem parking garage all of our units have direct access from the garage to

5:04:05the units above you don't walk out of the garage outside and then walk back in floor plan b is an end cap unit that occurs in several locations a little bigger about 2 000 square feet uh four bedrooms again one bedroom on the main living level three above with a a nice

5:04:22master suite very spacious rooms it's a very desirable unit this one because it's wider happens to have a side-by-side parking this also has some use areas on the ground level that you can access directly from the outside el dorado street view very similar to avila the architecture

5:04:45is similar i think the one thing i want to point out here is this is the entry to the walkway that goes through the site and allows you to pass through to the other side uh this is the uh one of the driveways uh we do have a a block of units that are mid-block and these units have a frontage on

5:05:09us again a raised sidewalk so that they have a similar kind of frontage condition to the units that are on the street they have the entry uh courts and gates and the same treatment of the exterior back to avila street and i just want to point out that at the end here is the park one of the nice

5:05:31things about this design is that it puts people and windows and view out to the park into the streets there's eyes on the park eyes on the street we think that'll be a key safety issue going forward and i think that's all i'm going to say tonight and i'll cover any other

5:05:53empty parts with the question and answer and i'm going to pass it on to carol roberts for the sustainability portion thank you thank you good evening good morning thank you for staying um it's a pleasure i'm carol roberts with energy inspectors we are an energy

5:06:19consulting firm we work with the national home builders we work with apartment developers on how to achieve energy efficiency green program support we work with all of the different green programs for folks that do those and we're very busy working with folks in the cec as well on how to accomplish

5:06:38net zero and make it feasible for project developers as well as homeowners or home buyers we partnered here with urban community partners to help them find the path to the most efficient accomplishment here in this project and we're very happy to work with someone this far ahead we don't always

5:06:59get brought on this at this time so it's nice to find someone who's proactive and open to looking at all of the ways to make these the most efficient they can use this here okay we have looked at this knowing that the permit will you know we have a code update coming january 1st we've modeled

5:07:20this under the new software and we've done independent unit models we are looking to see this project be at least a minimum of 20 percent more efficient than the new code which would be the 2016 energy code um currently today we're under the 2013 energy code this equivalent this becomes an

5:07:41equivalent to about 40 percent more efficient than today's code so this is a big leap for this project and for any project that's going to be permitting coming january 1st each unit was analyzed as i mentioned for its performance worked very hard on the building

5:08:02enveloped but we also made sure that we base this on el cerrito and the climate zone here as well as the orientation of every unit and every window and everything that contributes to this there is room for a rooftop solar pv system to supply about 75 or more of the electric power that's

5:08:22required in each unit there is also a lot of attention to detail for indoor air quality to make sure that we have you know quality installation of insulation the air sealing that needs to go with it proper ventilation for the comfort and indoor air quality of each each unit

5:08:44there's some additional features here we have all of the garages are ev charging station ready the homeowners can choose to have gas or electric appliances they could also choose to participate in the mce deep green program which is a really great program action

5:09:02by the way um the little bit about our analysis and the path to net zero as you see here we did each of the units on each of its orientation so that's why you see this broken down the way it is it shows you the annual kilowatt load of each unit the second most efficient unit in this

5:09:23project we actually have 16 of these repeating as you start to move out to your exterior units and different conditions you see a little bit different usage but the two most efficient units are repeated the most we have 16 of one and five of the other and then just one of

5:09:41the others that are a little you know use a little more energy and the estimated annual kilowatt load for these 27 homes is about 108 136 kilowatt hours per year the solar system output is going to be about 80 945 kilowatt hours again reconfirming it at least 75

5:10:02percent of that would be off can offset 75 of the energy here mr mayor i think that you're going to have to seek another motion to extend i know but i had a whole another minute before that yeah i know you got your classes again i'm going to guess i move that we extend the meeting till one

5:10:19o'clock we don't have to use it second option by ableton seconded by bridges all those in favor say aye aye aye no those opposed say no no no i think you don't have to read everything that's on the slides we can see them in the interest of time and so the motion passes let's keep moving

5:10:42please more rapidly okay we did look at how this project compares to existing building stock it's always interesting to note what is surrounding the project we always have new things come in and there's also you know existing stock there that doesn't perform as well

5:11:03i don't need to go through the benefits what i'd like to do is you mentioned some some questions and thoughts about energy if there's anything i can answer quickly for you and uh i we're prepared to do so will you be um excuse me will you be using uh an on-demand

5:11:18hot water system hot water system yes this is modeled with a 96 efficient tankless water system yeah go ahead well will these uh be leed certified they are prepared to be leed certified they are not committed to that yet they are prepared to be both above code to comply with lead with bill de green

5:11:42or even with other programs such as ngbs they are they're prepped and ready to comply with whichever program the developer chooses so they are in compliance as they begin now but they are not and went back to the um in the garages you said they were is it is there the are there the devices the

5:12:05hardware to do electric vehicle recharging or what they're prepared for that which means the panels have to be designed to carry the load yes so that if the homeowner when they're ready to install them they're they're ready to go but you'd still have to install the uh

5:12:24um station itself station right yes okay which is like an inverter or something like that yeah and they're they're actually much easier to install now and less invasive so yes the panels are ready and they go in quite simply did you use all the roofing area to get

5:12:41to 75 or is additional panels capable there's still a little bit more room and depending again on the kind of panel some are a little smaller the higher outputs you know we went we didn't want to go to anything that was too far out on hybrid or bleeding edge we wanted to

5:12:55keep this within you know feasible to be built and those are in the project they're not owner dependent they're they're part of the project yes and they're they're hoa they're in the hoa land they're not in any particular town home they are in hoa land yes because of the roof and they share

5:13:16but they are also can be expanded by individual homeowners also any other questions on energy okay thank you okay so going with the theme of let's get it on so let's um go to the question and answer and uh great uh any questions for the project proponent um yeah i have a question so could you

5:13:47explain how you anticipate the garbage to be working it looks like there's space in the garage for bins right so each of the um individual units has two or three uh garbage cans that they would roll out to the main entrance there at each of the entrances to the project

5:14:07sorry there wouldn't be a central collection area each of the homeowners would have their individual cans that they would roll out to the street which street one to santa clara and one to envelope so if i'm in uh building one or building two i'm rolling out to santa clara

5:14:27and that's like 17 units three times that's 45 cans at the end of that street correct mr moss is getting up to say something i just want to add that our the city's recycling division and east bay sanitary who's the city's uh garbage franchisee both reviewed the

5:14:52plan and that was um you know that was the pickup that was acceptable acceptable to them well i'm just curious how people get in and out of their driveway when there's that many cans at the end of the street we can agree to pick those up but how how do we physically get people in and

5:15:10out where where do these cans go i think they'll be located on on the street frontage not not at the end of the driveway entrance but if is that because we're going to paint it red there's going to be a car park there or on the sidewalk i mean that's you know oh i see i put my hands on the sidewalk

5:15:28i don't i don't know i'm just you know what i'm what i'm raising right now miss bridges is still your turn so you're the integrated you're the guru of iwm is it cheaper to have bins but you know communal bins i know that we have compliance issues in in apartments as it

5:15:51is now for recycling and trying to meet those goals so it's sort of like which way do we go on this but isn't it more cost effective to have large there's no question that multi-family housing compliance with uh waste uh with the source separation that which is

5:16:08our program where separation city that that that's going to be very difficult um so but there are potentially com some components like the green waste which is a little a little more readily amenable to a centralized uh can um you know garbage potentially could even

5:16:27be more readily acceptable to a centralized can because so many so few people are going to have garbage which would at least if we had centralized garbage and centralized green waste it would only be recycling that was rolled out um i i certainly now understand the the

5:16:45question i i thought that the garbage trucks would come down the each one of the roads and and pick up in front of their garages so now i understand the comment from the public so so i'm looking at floor plan b which is i don't know i didn't go back it's late but um

5:17:09that looks like the plan that if you were going to go to your bedroom or your bathroom that would be the only one that's accessible on the same floor of the garage correct yeah there are three of those units and they would have an accessible bedroom and bathroom on the ground floor

5:17:28right so but they can't get to the kitchen and they can't get to the living room and they can't get to the rest of the house so why is there no accessibility in at least a few of these units that lets people go to the living space i'll let this guy answer as long as he introduces himself

5:17:52the building codes in california treat town homes as single-family homes they don't fall under the multi-family accessibility requirements they're essentially single-family homes without side yards so they are not required to have accessibility per se the accessibility that's being provided

5:18:16at the ground level of the b unit is just a condition where when we can provide it and there's nothing else about the constraints of the project that preclude it we try to provide it and so that that ground level space that room is could can be accessed from the out of

5:18:35doors it's on the first level and so if you look at the intricacies of the plan you'll see all the handicap you know offsets and dimensions and station areas that would be needed to make it work want to put a dumb waiter in okay that's all i have uh council member abelson any questions

5:19:06uh no okay uh yeah no at this time of the project proponent no council member quinto nope council behave so i'm not even sure you have the capability of asking any questions you can write them down and i'll say okay i don't have any right now i have comments that i'm holding

5:19:24yeah after public testimony or you have comments um you 0.84 times uh 35 is 29 units why not 29 units it's a very it's all it's less than an acre this site and so we we looked at getting more units but this is the maximum that we could fit with the necessary setbacks and and all the other

5:19:46meeting all of the codes for the city of el cerrito we didn't want to do a pd project for example we wanted to do just what was acceptable under the current zoning the 29 is acceptable under current zoning 0.84 times 35 is 29.05 right so 29 is acceptable under the

5:20:05current zoning why not 29. um i just think it would be too many units on this small of a site um too many units of three bedroom a four bedroom how come there's no con why why is there no creativity why is there only you know 25 or 24 of unit a how come there's not

5:20:27one bedrooms and and other types of studios um well this is really a town home project aimed marketed towards families and and and those types of folks so we weren't looking at doing a smaller type of unit we wanted to kind of maximize the square footage um seeing the need for more

5:20:44family oriented housing and for sale housing in el cerrito you can still sell a condo that's a one bedroom or a or a studio true but it's more it's allocated more towards the um either a single person or maybe a couple we were aiming towards more family housing being close to the park being

5:21:06close to shopping in transit so in our look at the demographics in the market uh for this type of for this location we really felt strongly that a family oriented housing unit would be appropriate for her and if you're looking at a one bedroom or even a two bedroom

5:21:22uh smaller type units probably more acceptable on san pablo in a higher much higher density multi-family type project it just you know strikes me that the more doors you spell the sell the more profit you make so i was just surprised that you're leaving money on the table

5:21:41um and um you've got a you're having the pedestrians walk from el dorado to um whatever the other street is on the on the driveway from el dorado to avila you're you're taking pedestrians and putting them into the into the driveway um just on that one section from avila up to uh the sidewalk and

5:22:15you're not so why is it that why not put a curb why not put a sidewalk a raised sidewalk all the way through you it's not a you're not putting fire trucks in there so i don't know what the turning radius is that you're trying to achieve we could take a look at that i think we

5:22:32may have a setback issue in that one area where that driveway is we do have a sidewalk that goes all along the building two and down the left side of that and then also comes out to avila on the bottom so correct on the on the west side you have something yeah on the west side you have a

5:22:50sidewalk from from road all the way down to avila um at a minimum would you be willing to paint that so that it's you know it's unclear that it's at least a little safer uh so that so even if you drop people off of your raised sidewalk that's next to uh building one and building two that

5:23:11that they would at least have a logical area that's visually protected if not raised yeah that'd be fine did the um when i saw the and and i i did look at the plans and i will say that the maybe the elevation i didn't look at the elevation quite as clearly but the elevation of the internal road

5:23:33um that's between building one and building two uh struck me as more narrow than i had envisioned uh did did did public safety did police have any thoughts about how visually confined that area is um that we didn't receive any comments from public safety on that we did meet

5:23:59with this fire department several times and they you know thought the project met all the requirements in fact i just had a meeting with them a few weeks ago just to reaffirm after the planning commission that they were okay with the project and they were okay i think it though some of those

5:24:13images the sketchup model it makes it look more narrow than it actually is but um in the front yards of all of the the internal building you can actually plant a tree in the in the front yards there and let that grow to full size it's a little misleading yeah that would may even create more

5:24:30visual constraints um okay um i i went to a home show not too long ago uh where there were um elevators you know internal to single-family homes and external frankly and internally they were as the size of a conventional closet externally they were there any thoughts of making any of these uh

5:24:58more accessible and and therefore uh achieving some of our diversity goals we could certainly look at it i think there might be room in the in the b units but i i wouldn't want it you know we're just now discussing it so i wouldn't want to commit to it tonight but we could certainly look at it oh

5:25:15okay i won't commit to anything this morning either then um at this time at this time we will go to public testimony thank you we have four speakers howdy gowdy followed by robin mitchell nick arzio and richard norris all right good evening or morning council members and uh mayor

5:25:58um lyman um my name is howdy gowdy i live at [address removed] just sharing with you one more piece of information um i couldn't pass up the opportunity to i mean make the um miracle on 34th street um argument for those of you who enjoy old films i'm not trying to make light of

5:26:16what i think is a very serious situation i i actually think it's a good good additional support to the argument i also want to recognize the work of sharon maldonado who you know got this copious 500 plus um signatures on a petition uh supporting fair treatment of the

5:26:34residents of the um former autism rv park so with that uh to begin with i want to dispel any notion that just because almost all the former residents are now somewhere else that the disruptive impact of their displacement has been appropriately resolved it has not at this point i

5:26:51agree that the site needs to be redeveloped but the most important factor is whether the proposed development is consistent with the general plan and housing element to best serve the community for the 50 plus years it will stand and this evaluation should include

5:27:04careful consideration of the context of the housing being replaced as well as the impacts on former residents the project needs significant improvement i appreciate that the city has been working hard to add affordable units elsewhere but that doesn't diminish the

5:27:18significant impact of the loss of some of the most affordable non-subsidized rental units in el cerrito we are losing more than half of what ohlone gardens added as documented in the closure report there are exceedingly long wait lists for affordable housing in this area we

5:27:32should not support the replacement of these desperately needed rental units with high-end market rate condos at a time when there's such scarcity of options for affordable rental units there are plenty of underutilized lots in el cerrito where a new project could

5:27:45add market rate housing without displacing low-income residents and disabled seniors in my letter i provided more points of inconsistency between the housing element and the project than i can present in three minutes and i hope i can get my three minutes because

5:28:00the applicant got a very generous amount of time so um i have also provided you a great deal of information on our condo conversion ordinance including the stated purpose to reduce the impact of such conversions on residents and residential housing who may be required to relocate this is

5:28:18primarily stated as protecting people not the edifice in question therefore it is less of a question of what type of multi-family housing they are in but more that their rental housing is proposed to be replaced with condos and their displacement is harmful is a harmful detrimental impact the

5:28:35applicability of the ordinance reads that it shall apply to the conversion of existing multi-family rental housing to condominiums i have been told by staff that an rv park does not qualify as multi-family residential housing even though the def definition of the

5:28:49ordinance doesn't explicitly provide that guidance you have been given an interpretation of the ordinance which i think is critically important for you to consider as council is the final authority tasked with making this interpretation you must be comfortable with providing support for this

5:29:08assertion yourself and how it applies to the letter and the spirit of the goals and the policies of this community the application of the condo conversion ordinance is critically important because it includes the necessary finding that the conversion will not displace a significant percentage of low

5:29:22and moderate income or senior tenants and delete as number a significant number of low and moderate income rental units from the city's housing stock at a time when no equivalent housing is readily available in the area this project does not increase housing density or opportunity but rather

5:29:37reduces it and presumes to choose who can live there wealthier people replacing lower income residents unfortunately the history of humanity is littered with the displacement of people with less socioeconomic power while simultaneously providing overwhelming favor toward those with more money and

5:29:54power which side of that dismal trend you want to align yourself and your decisions for el cerrito please decline the application as presented and direct staff to work with the applicant to make it a socially responsible project consistent with our city goals and

5:30:10policies and better serve the community thank you very much next speaker please so my name is robin mitchell good morning everyone i guess my name is robin mitchell i live at [address removed] in el cerrito coming to this meeting and talking about this proposed project makes me very sad it makes me

5:30:40realize that as a city and as individuals in the society we have completely failed the residents who used to live at oddest rv park as a species we are very social and we have formed ourselves into a society partly in order to make sure that everyone in our society is taken care of

5:30:55no matter what their situation however in this particular case we have failed spectacularly most of most if not all the residents residents have been forced to leave their homes and the developers ready to build new dwellings that the original residents could never have afforded

5:31:10and as a society as a city as individuals we are not able to do anything about it looking at an older street view of the rv park as it was before everyone was forced to leave it is obvious that the residents the owners of the rvs took a great amount of pride in their small

5:31:24tight-knit community the driveways and pathways are impeccably clean there are potted plants for landscaping cars are neatly parked the recycle bins and trash cans are neatly lined up this was clearly a place that people called home and that they cared about now that community has been broken apart

5:31:39the residents scattered far away because they can't afford to live in el cerrito anymore communities all over the bay area are confronting the issue of housing affordability as real estate values skyrocket it seems that this is the time to start thinking out of the box to solve this

5:31:54problem so that we can keep the fabric of our community intact and give equal value to those members who may not have as many resources as others for example the city of palo alto when confronted with a similar situation has come up with a plan to buy out the landowner and keep the mobile park home

5:32:09intact in a joint proposal between the city the county and the county housing authority they feel strongly enough about maintaining housing housing diversity that they are willing to use eminent domain to protect it if all else fails another interesting out-of-the-box

5:32:23solution that many cities including seattle and portland are using to make affordable housing available are tiny house settlements that option could have been an innovative solution to keep the existing residents at audis rv park and potentially improve their housing at the

5:32:35same time at a reasonable cost another solution is to form a community land trust specifically for affordable housing there are several communities that have set up this type of structure including the northern california land trust which is a community-based not-for-profit organization committed to

5:32:50making homes and community facilities permanently affordable through the community land trust model these are the types of solutions we need to start fostering in el cerrito unfortunately for this project that type of thinking is too late for the former residents some of whom now have long

5:33:05commutes back into the east bay for their jobs as they can only find a horde affordable housing far away in addition to looking at innovative ways to keep affordable housing in el cerrito i would urge you to institute a moratorium on evictions and condo conversions until a more equitable

5:33:19solution has been found many bay area cities have instituted this recently in order to figure out a solution to the houding affordability problem speaking to the proposed development project in front of you i urge you not to approve it in its current form and to

5:33:31work to approve it in based on the following the argument that howdy made that the condo conversion zoning ordinance applies and should be upheld and the current project is not the meet does not meet the values of the city as reflected in the general plan and the

5:33:43housing elements as discussed in the packet that howdy provided to you thank you next speaker please nick garzio followed by richard norris is it still just four speakers yes hello i'm nicholas rzo there's not much i can say that has already been said by howdy and robin and i'm just really

5:34:11moved that they would stay here this late at night to express what they've said so passionately and obviously it's the result of great research and effort on their part and it's completely selfless they're not saving themselves they're trying to help other members of their community to whom

5:34:27they have no formal connection so i just really like to applaud them for their efforts and i'd like to encourage you to uh to follow what they're asking for thank you my name is richard norris i'm an attorney for the developer thank you very much for your patience

5:34:50tonight when we started this project our read of the law that applied to the rv park was that there was really no obligation on the part of the land owner to do anything and it was your staff who worked very hard kept us in a room for a very long time and pushed us very hard

5:35:13and it was a complicated push because there's a separate land owner and developer and the but the end result of that was what you saw in the um report that your staff encouraged us in the uh most forthright manner to put together and i think a result that while

5:35:34imperfect in an imperfect world made a material difference for the residents of the park and a significant contribution that wasn't expected when we started this project and we appreciate that you know you live and learn and uh it was a situation where it wasn't particularly a value add to

5:35:56the project but it did make good sense these people had been there a long time and the fact that the owner of the property helped them in their moves was a positive and were pleased at staff's influence over the project to that end um it's always difficult to have the last you know as a

5:36:19sub project winds its way through months and months and months of going through staff and planning commission and all that um we get to the end and we start to hear some concerns of a new group that we haven't presented to so this is new to you and i apologize for going on a bit

5:36:33um we had not thought beyond compliance with the law with respect to making our units suitable for people with disabilities it is an interesting point that you raise i spoke to the architect while this was going on and what we could do is agree that in at least one unit

5:37:00we could make ex have an interior elevator if in working with planning and other agencies in the city it was reasonably feasible to do it we've worked with your department i think their determination of reasonable feasibility is fine with us it's something that

5:37:19if we'd have thought about it we might have been a little further down the line it's been a long process the economics of these things are not unknown to you uh this developer has tried very hard to put together a project it's you know it's imperfect like the rest of the world but it we think is as

5:37:37close to hitting every note in the general plan as can be and yeah that was the goal the fact that we're not asking for a single variance i think underscores that thank you very much for your patience thank you any other speakers no mayor i move we close the public

5:37:56hearing uh hang on uh on the script yeah i know do do we if we have additional questions do we close the hearing if you have additional questions i'd recommend leaving it open until you've completed it so let me let me confirm that there's no additional questions i

5:38:13know i have i know i have at least one or two i know i know what the script says any additional questions for anybody the staff or or the project proponent staff does the project require any type of participation in an affordable housing in lieu program or any type of

5:38:37affordable housing requirement uh we the city of el cerrito currently does not have um an affordable housing requirement that that we could apply at this point we do for some incentives but correct so yeah yeah you and you've seen that in other projects tonight but uh there's no

5:38:54requirement for the provision of affordable housing or for a payment in lieu for the provision of affordable housing okay uh to the project proponent um mr mccoy um you've heard certainly quite a bit of discussion including questions from the dias with regards to

5:39:17your your housing stock choice um you know the the um you know i i want to acknowledge the the previous land owner and and through whether it's through your influence or not the their efforts to facilitate the former residents help the former residents out but but your project

5:39:40radically changes our housing mix in the in that area it assuming that you look at rvs as a housing um it radically changes the housing mix we go from a series of what would be considered single rooms or or con studios to essentially these three and some four bedroom uh units that's a

5:40:02pretty substantial change for for the type of housing that's there and the uh el dorado street front with uh 12 unit a's is pretty redundant after tonight's after all the questions we've put out and all the thoughts have you thought have you rethought your idea about

5:40:26having all three bedroom units uh and a few four bedroom units um uh no actually i think we we've done a lot of study on the market in this place and i think uh an appropriate mix of units uh is what we're proposing for the site actually it's only it's 27 units it's not a large

5:40:47project but it is a i mean depending on how you want to look at what an rv is it is potentially a reduction in the number of different types of housing units granted there were 33 to 35 people living at the site and i'm assuming that your three bedroom projects at 2.4

5:41:08occupancy will be 55 people so it's it's an opportunity for more people to live right but it but it's a different type of housing class and and you know there aren't the studio there isn't the one bedroom um it's pretty it's so dominant on three and four bedroom that

5:41:25i'm concerned it's actually going to overwhelm the services that are in the area um we when we looked at the this particular site and then the general plan and your housing element in general um we noticed that this site was not anticipated for future affordable

5:41:40housing or smaller type units that's all located within other sites within the city uh to meet your arena numbers and all that so we felt like well this is a site that the city would like to see redeveloped at some point if it gets converted so we felt in being

5:41:54next to the park as i said before that it was really more of a family-oriented type location thank you any other additional questions i'll entertain that motion so moved close public hearing second move by freeman second by bridges all those in favor please say aye aye

5:42:15um i think it's time for another motion let's do this one first oh we did one eight sorry i'm no problem a little tiring right now i understand uh any additional comments go ahead mr freeman okay thanks um i want to thank city staff for incredible work i know the numbers of

5:42:38meetings number of hours the amount of research that you put in and to developers for the time that you spent working with city staff and attempting to work with the residents um i have to echo the comments of mr gowdy ms mitchell and mr arzio this project and first of all i'm not

5:43:03anti-development i support it it was pretty controversial mr biggs's previous project on elm street which was to me it was a vacant lot other than the historic building which they are planning to move and it was much more transit oriented development being so close to the bart station

5:43:24this project is really changing as the mayor was talking about the nature of our community and displacing low and moderate income people who have very few options although all the boxes may be checked on the general plan and i agree that it will provide some economic boost

5:43:49to the city it is a detriment to us in terms of preserving economic and ethnic diversity in our community which i think we all value highly now i know that a some semblance of closure impact report was done and by the time it was completed much took much longer than we had been led to

5:44:20believe it was going to take most of the people were gone so the number of people that you paid was much less than the original number of residents and those people are in a desperate situation and i talked with many of them because of the scarcity of any affordable housing for an rv or an

5:44:42apartment or whatever so they scrambled and made whatever arrangements they could and by the time you were finally ready to give some financial support there were only eight people still left there so it's not like out of the goodness of your heart you did something you didn't

5:44:59have to do this was to make the project easier to get approved and the fact that none of the residents are here is because they've all scattered far and wide or they signed an agreement when they accepted the payment that you know basically they would not object to the

5:45:19project so um i think the work you've done on sustainability the design is um is admirable i don't object to the project as it is i object to what it means to our city in terms of losing those residents as you know the speakers very articulately and passionately spoke about so

5:45:49i think your group seems like a very competent group and very uh interested in making a very large investment in our city and i appreciate that but i'm sad that it comes at a loss you know a certain moral loss to our city of residents who we valued and who now cannot afford to

5:46:12live in our city and in some cases not even close to our city so um i think that there's a few gray areas here that are referenced in the staff report with excellent work the two gray areas i want to point out the first is this used to be considered a mobile home

5:46:32park and the previous owner mr biggs at some point what was it eight ten years ago got the designation converted to rv park i doubt if anybody even noticed when that take took place but it has a lot of consequences in terms of uh relocation assistance and dealing with

5:46:53the again the impact on the human beings who live there so that's a gray area it's not litigated in the folks they didn't have any money to hire an attorney and they got some relatively low cost legal advice and you know they couldn't really fight much more and once they were paid a sum

5:47:14of money they couldn't fight because of the agreement they signed so that's a kind of a gray area if you've been living someplace for 30 years in the same dwelling is that an rv or is that a mobile home well it's not a very mobile home and it's not an rv that's going out to

5:47:32yosemite on weekends so that to me is a gray area and the other gray area was pointed out articulately by the speakers and addressed by this city attorney in terms of the displacement of low-income housing for condo conversion um that appears to be a gray area and

5:47:53you know the city attorney came down on one side and if the residents or somebody were to litigate on the other side we might have a different result so for these reasons although i find this to be a you know a perfectly adequate and well thought out project that would bring

5:48:13housing which is needed in general but i would much rather see this project go forward if you had some affordable units and i think that's part of what the mayor was maybe getting out with smaller units it would be easier to make those affordable because you're making a three or four bedroom

5:48:30unit available for lower moderate income it's going to cost you too much money so i can't support the project in its current plan because of the human impact and the loss of diversity for our community with no plan here to do anything to restore that or maintain any lower moderate

5:48:53income housing council member bridges i'm going to mix it up all night i'm going to agree with everything that council member friedman said but i also think the accessibility is a is a huge oversight to not have some inclusion i mean i had my knee replaced two years

5:49:21ago i would have been able to live there and go to the kitchen and eat i mean it's it's it's not right and i think the affordability issue i think you could come forward back with another project that includes both of those things i think that's really important

5:49:37and i mean i you've done a market study and maybe you feel that you can sell these but there are a lot of projects that are going in the total opposite direction you know they're minimal they're 500 square feet or less and i i think that should be under consideration so i'm i'm going to

5:49:56support what mark said and not approve this project as it is today and i hope you take this information and maybe come back with a better project because i think you're competent you probably could do that and still um make some sales i'm going to leave the do you have any comments can you can you

5:50:27make your comments no excuse me i echo what my uh colleagues just mentioned some okay councilmember abelson um i think there's one thing missing here families because making smaller units is saying that families don't get to live there and [Music] i think that that thinking is not

5:50:57very inclusive either you think about it it's very hard to find a house in this city that a [Music] family with kids can a can live in because you know they're either all up in the hills and cost an arm and a leg and more or um or not and i know this is a very um this is a neighborhood

5:51:30that's great if you use transit there's good schools near it um so just to sort of throw all that away i don't think is necessarily the way to go on this um i'm not saying i like i don't actually like this project um in terms of the way it's put together of course i don't like it because i

5:51:56couldn't even get inside of it i guess but um you know and that in and of itself is you know irritating but the um it just feels very um scrunched i think your comment about the um do people have to walk in the where the cars go is a good one [Music] but i don't want to leave families out

5:52:23of everything you know most of our units in the flats don't really serve families i i don't think any of us were suggesting that it'd be all one bedrooms for studios just to no i'm saying two bedrooms are in that category too though well i i don't think we were telling them to change their

5:52:45whole concept that you know having three and four bedroom units obviously they've done the market research and they know there's a market for that so i'm comfortable with that but not to the exclusion of some affordable housing so how much these are likely to sell for

5:53:07but i wouldn't assume they would be particularly affordable to a middle-income family they uh would be probably more my guess might i don't know for you know i'm not an expert but my speculation is that they would be a heck of a lot more affordable than something

5:53:25in the hills well actually as you've told me many times homes in the flats sell for more per square foot than home these are not homes there are townhomes you know these are um their townhomes their apartments with the name townhouse homes on it it's not a house where

5:53:48you've got like space between the next unit you know you i think you all know what i'm saying um so but the um i think we need to um think about that and the other thing about it is is that a lot of people can't afford a whole anything they want a room and so uh

5:54:18my daughter actually lives in one of these in a deal where it's it's a four-bedroom condo that not consistently maybe not condo duplex and there's one person in each room and that's all they can afford is a bedroom and in her particular age group that's pretty it's that's common

5:54:45so um so so i you know i think we don't i actually think in the in the flats we don't we don't hardly have any four bedrooms and for you know if there's a large family forget it um you know you have to go somewhere else so anyway i just want to yeah affordable thing is one thing but i

5:55:08don't want to just say we all have to live in two-bedroom units or i gotcha lore and at that i'm going to make a motion to extend oh my gosh 15 minutes okay i have a motion to extend to 115 it's been seconded freeman with quinto seconding all those in favor please say aye aye an hour more for the

5:55:28library to the applicant if you could come forward again in floor plan unit a you have straight run stairs uh are these uh wide enough that you could put a person lift on them i believe they are yes is the wall going to be structurally sound enough to put a person lift on

5:55:48um peter probably yeah right is that something you're willing to do throughout the project so that people can add person lifts to unit a style a to make them accessible yes i heard a yes sean why isn't your finger going no the applicant said i know i know i know he said yes you're

5:56:11supposed to be writing it down [Laughter] so we can get that into whatever the motion is okay so um that reduces some accessibility issues the next one i have for you on the same topic though is um the sidewalks for the internal units so building two for lack of metal term

5:56:32how would a handy how would a wheelchair get up onto that sidewalk i believe those are all accessible um through the internal part of the project so i need i got the soft curb they it's it called out very clearly a curve on one of the on one of the profiles it's

5:56:48called out it's bragged about as being a curb so i know we talked about it uh as a team so we could make that accessible easily yeah so i'm envisioning a near the public space that there would have to be a rolled curb or a handicap ramp of whatever to get people up on all the

5:57:06exterior curb cuts that we're doing already so we can make that as well internally okay um all right so with that we get to accessible we don't necessarily get to the variation in the unit size although we've certainly have done our best to try and convince you to

5:57:26reconsider that decision um mr friedman i i am willing to entertain your motion um i move that we reject the current proposal in its current form and that we ask the applicant to come back with a plan for accessibility and for inclusion of some measure of affordable

5:57:57units a second so we have a motion to reject uh the application it's been seconded with the request that come forward as a project let's see if i get it right a project that includes more accessibility and more um affordability accessibility there is none i believe

5:58:25correct although we did discuss potential solutions no you said some or i set a plan for example a plan for accessibility and a plan for affordable affordability um the emotion was made by friedman seconded by bernie can i before you vote can i request that the council direct

5:58:44its staff prepare a resolution of denial as part of the motion to come back to be approved um i'm glad to include that in the motion and when would that resonate resolution denial be heard august 2nd or 2nd okay we don't have a meaning yes we do we do we added one yes i missed that you were

5:59:06here actually it was a consent right yeah so uh the the resolution on the floor that mr friedman is making second about miss bridges is to direct staff to come back with a resolution of denial and encouraging the applicants to come forward with a project that includes

5:59:29more accessibility and affordability um just a point of clarification i want to make sure i understand um with that uh mr woodruff would that be at a public hearing or would that be consent i would put on consent and i don't consider this continuation of the hearing the council's made their

5:59:54decision as just directing to come back with a resolution making findings to confirm their decision okay thank you and to that end let me add that i i was going to have a very difficult time uh with the finding of uh where was it land use 1.7 land use 1.8 and and housing unit 2.8 that staff

6:00:29identified as well as housing unit 3.5 and three-point housing unit 3.1 uh housing element 3.1 and housing element 3.5 so though so there was those are the specific findings that i was going to have difficulty uh moving forward with and then believe our questions and testimony

6:00:49spoke to that to those specific findings the motion has been made we've had additional discussion on the motion all those in favor of the motion to instruct staff to prepare a denial and encourage the applicant to come back with a new project please say it yeah i'm i'm

6:01:15sorry i'm just i want to make sure that you're i'm so sorry to interrupt and especially at this late hour um if the council i believe you're heading for a denial i don't mean to preclude the vote um that wouldn't allow them to come back without a new application so if you were

6:01:34so one option would be to deny them and send them back to the drawing board and i completely would support that action the second item might be to continue this item to a date certain and have them come back to see if they have any better offers to give you before you

6:01:46deny the project either is available to you but it's i want to be clear that you have the they have to start back to the planning commission and go through the steps again and so if i just don't i wasn't sure that that's what you intended withdraw your motion then

6:02:01um you can you can return this is really up to the council i mean i i took when you say come back with with basically giving the i had interpreted as you're attempting to convey to the applicant what you what asked what characteristics of a project you would be able to find

6:02:22um consistent with the general plan housing element and other applicable policies and so i thought you meant it in that sense and so we're proceeding with a denial you could provide you could provide the same feedback and continue it to a date certain with an opportunity for them to

6:02:38come back with a different proposal but they're still going to have to we'd still then have to unwind what the right process is to revise the project at this date and i don't know the answer to that and i don't want to venture speculation about it at one in the

6:02:50morning i i would i would appreciate that um is there a timeline is there a tip ticking timeline on this project do we have to make a decision by date certain well um i mean perhaps the city attorney can provide a little guidance here but the applicant had had agreed uh

6:03:08previously to um toll the permit streamlining act um and had agreed to a timeline wherein a public hearing would be scheduled once the the report was submitted that they prepared so i i don't really know where that leaves us but yeah where we stand on the which so

6:03:26therefore we may need to deny just so that we don't run into a timeline problem is that correct yes sir help us out here yeah you know we're not under a date certain so if you'd like us to come back with a new project or slightly modified to address your concerns we'd love the opportunity to do

6:03:44that um and if that takes us a month or so or um that'd be great okay we'd appreciate that and we'll look to the city manager before we take this vote we're still in debate debate um we don't have a first september our second august meeting i've not seen what you've got in mind for that

6:04:05it's relatively light at the moment it's would these second meeting in august be enough time for everyone for you to prepare something for staff to review it or if we don't do it then you're in the second meeting in september yes august 16th is the date that we're looking at

6:04:24no vacations no vacations for those that are home that didn't hear the applicant they have requested the second meeting in september with that input motion maker do you [Music] have a new motion or do you want to substitute motion or withdraw your motion [Music]

6:04:56what what would be the proper wording uh mr woodruff to take the second option presented by ms kavanagh um i think the motion would just be to continue the hearing until i'm sorry did we land on the september meeting or this yeah yes yes it would be i have don't know the

6:05:13date off the top of my head somebody will find it for me september 20th so we continue the the matter to september 20th um to give the applicants an opportunity to respond to the comments that they've received we have a motion that's been made and seconded so i need to substitute motion

6:05:30or that motion withdrawn if no if there's another if there's an addition if there's a if there's a second that motion is on the table if somebody makes a second motion then you can vote on the second one first and then the second one dies for i'll make the second motion if we can

6:05:44figure out what it says uh the second motion is to uh continue the item to september and i know cheryl's looking it up september 20th 20th with the instruction that they come back with more you know an accessibility plan and a look at a diversity of housing for

6:06:04affordability are we there okay sure that's my motion so we have a motion that's my substitute motion substitute motion by abelson i'll second that seconded by quinto i'll call the question on the substitute motion by ableton to continue the item to september 20th

6:06:26with the request for the applicant to look at accessibility and affordability all those in favor please say i i opposed abstentions i i withdraw my motion that was endless does the seconder agree with the withdrawal of councilmember friedman's motion i don't remember who seconded it

6:06:48bridges okay okay okay the former motion has been withdrawn uh the uh continuance carries thank you everyone thanks okay item seven georgina we're here yeah he's been patiently waiting in the back for this item along with a bunch of other people i see them i make a motion that we extend this

6:07:21meeting till uh scott tells me he's got three minutes and i know you've got what two speaker cards for 20 minutes of uh three speaker cards three speaker cards 20 additional minutes 15 total additional minutes 15.

6:07:36so what 15 minutes yes you know if we did it for two hours and we didn't use it we'd be fine four speakers okay so we're not going to get through a presentation in four speakers in 15 minutes no no extended 15 that would give us 20. 18. you're not going to finish this by 130.

6:07:56i don't think so either uh can we do 145 please can i get a motion to 145. i have a motion of 145 made by abelson plus the library it's the library only if we have a motion to provide overtime for city staff i was going to second alan um because aren't we city staff oh okay

6:08:25i have a motion by ableton to extend to 145 can i get a second second it's been seconded by quinto all those in favor please say hi i think we get about one dollar an hour so we'd be you set for a buck 50. yeah buck 50.

6:08:38i want to know when we're going to get minimum wage yeah right i was wondering about that all right um mitigate that i'm sorry uh we we are we have i have displaced my agenda we are on to item seven at this point item seven is um a placement of a general obligation bond

6:08:56measure for a safe modern el cerrito library um that's supplemental communications that's still the right title though placement of a general obligation bond measure for safe modern elsewhere alive uh what we're considering tonight is adoption of a resolution finding

6:09:12that the library is in the public interest in necessity uh mr hannon i believe you have a presentation and i just sorry before you just want to make sure you know that there's actually also an ordinance that needs to be introduced tonight correct not just the resolution correct

6:09:29and an introduce introduction and subsequent approval of the ordinance also requires a four affirmative votes um the measure authorizing the general obligation bond must be approved by two-thirds of the voters and we're approving a budget amendment in the amount of twelve thousand dollars

6:09:51and let the record know that we have uh supplemental communications on this item all right thank you what was in that other thing oh it was handed out separately good uh mayor members of the council thank you um i can't help but say if sean was the late show i i don't know what i am at

6:10:15this point um and you know ironically when we scheduled this item uh for tonight there was nothing else on the agenda so we tried um i i will say um i'm really happy to be here in my time in el cerrito we've probably been working on this on and off for um 10 to 15 years so

6:10:44depending on what happens tonight we still have probably the hard part ahead of us or most of the hard parts ahead of us but this is obviously um an important step uh to making the possibility of a new library happen um i'm gonna go relatively quickly because of the time and i probably will

6:11:01read a little more than i normally would uh just to make sure i get through um the the points that i think are really important uh uh really important and as i so as i said you know we've been at this for about 15 years and as we've talked about numerous times in 2006

6:11:19the city completed an original needs assessment which really highlighted why we needed a new library and why the current library was or is inadequate and certainly substandard in any number of ways and um much different than what a modern library looks like when you go to cities

6:11:37all around us um having said that it's funny i'm sorry my wife is calling me that's wonder why um about a year ago the council received a presentation from god be research where our survey of the residents of el cerrito indicated about 70 support for the new library

6:12:04um and with that the council gave us direction to take the steps needed um to go forward within with an aim for november of this year um we've had a lot of help from the el cerrito library foundation and working with them and staff and we've collected over 2 000 survey responses to get input

6:12:26on the need for the new library i'm not going to go into detail on the library needs assessment you can read that in your package i want to talk a little bit about the sites and site assessment as you recall earlier in the year in march we came before you with help of an architecture firm and a

6:12:48construction management firm and talked about potential locations for the library uh what we also did at that meeting was we provided support for what ultimately is the recommendation of a 30 million dollar general obligation bond our consultant based on the needs

6:13:06assessment based on current costs and the likelihood of acquiring land or not acquiring land modeled numerous sites around 30 million dollars that number is is now the number that um we are going with because we feel comfortable that that site was really um that site that number was analyzed by

6:13:30um professionals who build buildings for a living that number may be different than numbers we have put out historically and typically in the cip which were largely placeholders until the time we actually were going to go forward and ultimately move on the project and then really

6:13:51develop numbers that we're comfortable we could live within and hence the 30 million dollars as you're aware you directed or you selected the lower portal play field as the preferred site which is the one that we recommended with our consultants and ultimately the school

6:14:11district gave us notice that they were not not going to approve the use for a library having said that it's my hope we can circle back and and try that again but also i think it's important to point out that we have a number of other sites that we think would be would work

6:14:29uh really well for a new library i'm not prepared to go into any detail on those because we're not at a point uh where we want to talk about it in any specifics and that's largely because um similar to the exemption that allows the council in closed session for real

6:14:49estate negotiations i want to be very sensitive about um having a a desired site because it could really affect the city's negotiating position with either owners of sites or even neighbors of sites if they get the impression this is the site we just have to have

6:15:05however i will say in the coming months we'll we'll talk more about that and it's my hope [Music] before fall to bring to bring more options to you and as you recall you've authorized um contracts with our consultants to and they are working on sites and site analysis

6:15:22um i was going to say as we speak but probably not um going forward um so we don't have a site ready to recommend but we're comfortable that we will get there in the near future in terms of the measure you have in your package the roughly the exact language that's in the

6:15:45ordinance we didn't it's not quite the same uh because um the way you count the 75 words is a little bit different than how you speak english so um the way you count com as an exclamation point so it's not um the words are exact are largely exactly the same as what's in the ordinance but the

6:16:06but the main points is you know um shall the voters consider replacing the 67 year old library and as i said the key other points are that it's issuing 30 million dollars of bonds for 33 years some people have asked as we've discussed this why 33 years i would give that credit to our

6:16:29financial advisors who based on the schedule of the project looked at different ways to structure the bonds and based on our likely construction schedule and the fact that we still haven't even started design we don't want to borrow money that we're not ready to spend so their recommendation

6:16:44is splitting the issuance into two uh measures that would extend one would start in year one would start in year three so the second series of bonds wouldn't be paid off for 30 years from when it started so the total period would be 33 years which explains that

6:17:00as directed by the council god be research finished a very similar survey to what they did last year last week you have before you the presentation that they were going to do tonight we for obvious reasons i told them they didn't have to be here if you have any

6:17:20specific questions we could go through it it's queued up to go but i think the most important point is that the the findings in this year's survey were very similar to what they were last year but in most cases including the final ballot question um they were better they were two or three

6:17:38points better than they were last year um so we are roughly in the 74 range um the purpose of the survey at this time was to try to do the survey as close to the time as you're going to putting the measure on the ballot hence why we're kind of rushing to finish it

6:17:59and and get you the presentation which goes through all of the elements of the library and you could take you could take a look at that and i can answer any specific questions if you have them or staff can the point i want to make and our consultants wanted to make sure we make

6:18:17it's really common at this point for councils for any any a number of different reasons to want to tinker with the language as as we've talked about over the years that we've been doing this i really do want to stress that well let me back up a step let me just

6:18:35so i don't miss anything well stress that we have tested this specific question twice that the question is polling well and unlike any other measure in the in the state that i've been able to find the city attorney or our consultants have been able to find for the first

6:18:52time we're referencing the voter guide because the measure has obviously a lot of complications and how bonds are paid for so we've added it to the question for the first time and i've not been able to find any other public agency that's that's done that but we would respectfully ask

6:19:10that we think the question is the 75 words that resonate and will work best and request that we stick with those how the bonds are repaid is explained in great deal great detail in the voter guide which will include all the attached materials including um something that we haven't had before in

6:19:33the measures we've done a really detailed tax rate statement that explains and goes through how the bonds are paid back and based on the year of the bonds what the likely amount will be per hundred thousand dollars of assessed value over the life of the bonds our consultants are

6:19:51estimating that it would be around thirty one dollars per hundred thousand so depending on what your assessed value is not your market value and as we know in el cerrito there are a lot of homes with wide spreads of assessed values for lots of reasons most notably prop 13.

6:20:10so with that staff is recommending that the city council take two actions to submit the safe modern el cerrito library project measure to the city's voters the first action is adoption of a resolution finding that the public convenience and necessity demand a safe

6:20:26modern el cirita library project four affirmative votes of the city council are required to approve the resolution the second action is to waive the first reading and introduce by title and ordinance to submit to the voters of el cerrito a measure authorizing the issuance of

6:20:42bonds for the safe modern el cerrito library project introduction and subsequent adoption of the ordinance also require for affirmative votes of the council the ordinance would need to have a second reading on august 2nd prior to the county's august 12th deadline hence why

6:20:58we have to act tonight in order to make the november election so with that both the city attorney and i are here to answer any questions you may have um thanks no questions i'll go ahead i'll go ahead and ask uh the question it is about the tax rate statement um it's my understanding as part of the

6:21:23ordinance uh the ballot arguments and tax rate statement that i'm authorized to file the argument and and therefore sign the tax rate statement is associated these various paragraphs are associated with anticipated bond sales in in those years so for example number one might be

6:21:47design and land acquisition number two might be the actual construction number three which is a very small rate is what is what is the what is the function of that third bond setup on sales in the year 21 22.

6:22:06third you mean why they're being split yeah which i just curious what that third third round is designed to fund well it's two rounds but i guess there's there's a first round in 1718 another round in 2021 and then a third round in 21 22.

6:22:26the way this is written well this isn't um the intent is not about different issuances it's just an estimate based on in the first year the third or fourth year after the what i already described the second set is issued the number would would go from 18 to 42 and over the course of the whole

6:22:50thing um uh in 2020 2122 it would be 4309 and then you average all of that you'd get to the 3107.

6:22:59so it's trying to give you examples of different points and times when the bonds might be changing or got it okay um with that i could that's fine with my questions uh we have four public speakers on this item you want to go ahead and read all four names uh cordell hindler

6:23:19followed by nicholas arzio followed by gary picorney and concluding with al miller and tom panis you already saw the look on my face so i'm like okay so i know it's a little after one so yeah i guess y'all know who i am so i do support this library idea and i and i go by the library on a regular

6:23:43basis so i just hope that the council will approve of this and uh and be done with it nick your turn thanks cordell i'm nicola zarzio and i support a safe modern library in el cerrito i also um hope for a fair presentation of facts for the voters so they can make

6:24:08an informed decision i think that this seems a little rushed and i think that some of the details still need to be worked out um from what i can see uh what's being proposed before you has no support from any kind of survey the ballot language before you is different

6:24:23from the ballot language that was surveyed about language which that was surveyed had a 30-year payback period and the language before you has a 33-year payback period that may affect the rate of support which wasn't much more than what's needed uh to pass this so

6:24:40i'm seeing also uh the rates that are supported and by the way this comes from the god b survey that was only released the public today at the meeting in a supplemental package so no member of the public was able to see this or make any uh determinations as to how relevant it was and what i'm

6:24:56seeing now is that it's not very relevant at all so as far as the rates go for an avalorum tax with a rate of 38 uh per 100 thousand dollars the the support rate is only 66 which is slightly lower than what's necessary to pass it and it just gets down lower from

6:25:15that uh the higher it goes um so there's nothing in this survey that shows that uh the requisite amount of public support is present this this survey does not show that the public will pass this measure also the staff report says that the language the 75 word language shouldn't

6:25:36be changed because it has been pulled exactly as it is and this specific statement has been tested twice and it hasn't once again uh the language has been changed the the survey that has been tested is not the same as this so uh to say that you can't change it again to include the words add valorum

6:25:55tax to let the formers let the voters know how it's going to be paid for that's not a very good argument because there really is no support in the survey also this one from a 21 million dollar budget to a 30 million dollar budget the city manager said that there are

6:26:13professionals that have come to this conclusion and have are comfortable with that uh the the professionals i think it's nha advisors said that they had a detailed cost analysis and breakdown but that uh that document was not provided at the financial advisory board

6:26:29and it hasn't been provided to you so there really is no explanation as to why we need a 30 million dollar budget not a 25 or 21 million dollar budget what are we spending the money on we don't know it's not been presented to you so i really wish that that information was

6:26:43presented to you to help you make your decision and to the public to help them make their decision before you move forward with a 30 million dollar long term debt which by the way will more than double our city's existing long-term debt and push us very close to our long-term debt

6:26:57limit under our city's comprehensive financial policy thank you mr pacorny followed by al miller and tom panis good night i guess is the right phrase mayor council members my name is gary poconi i'm a resident of el cerrito and have been for a good long time and i'm also in the spirit of full

6:27:21disclosure a board member of the el cerrito library foundation our foundation has been working with our community with you with city staff with the county library and their staff to encourage this city and this community to build a safe modern adequate library for this community it's not

6:27:44a gold-plated library it's an adequate library i chose that word thoughtfully because that's what the needs assessment talked about the current one we have is certainly inadequate the library foundation is here to help with this project we are engaged as you know in the process of

6:28:04raising money so that when the library gets built it will have all of the features and equipment and materials that people want to read and look at and use that a safe modern library would have we heard much earlier this evening night whatever you want to call it from

6:28:25students teachers and an amazing turnout of young people about the value of education and a certain school here in the community to building the next generation i would submit to the library is valuable in that enterprise as well and so i would encourage you to support

6:28:45this action to put a measure on the ballot so that the voters of this community will have a chance to vote for a new modern library here in el cerrito i think a lot of the families that are here will be supportive of that i have not seen the survey data but i think

6:29:02that putting out a good project with good support from the community and a substantial campaign will lead to success in a new library for this community hopefully in my lifetime thank you good first time i've ever been able to say good morning mayor anyway you have a copy of my comments so i know

6:29:32you can read even at this time of the morning but there are two items in there that i would like to highlight one of them has to do with what you've heard with the library foundation working to get surveys and we enlisted the leadership class at elsewhere high school and the principals

6:29:51at the corey matson middle school summit k2 school you heard so much about tonight saint jerome madeira and maybe tom will remember others and these results ended up with over a thousand surveys from students in grades five through twelve and they strongly support the

6:30:10idea of a safe modern library in their city the other thing i wanted to highlight is that although our fundraising anybody's fundraising measure never go as fast as we would like it earlier this month our development director that's the foundation's development director and

6:30:32following gary's example i'm currently serving as president of the el cerrito library foundation our development director tom ponis secured a donation of a hundred thousand dollars to the library project the library foundation from a private family foundation in berkeley

6:30:53and i want you know the foundation supports the process you're considering and will continue to work for a safe modern library in el cerrito thank you good evening mayor lyman my name is tom panis i live at [address removed] in el cerrito um i i'd like to address one issue that i

6:31:13know has been discussed a couple of times here and that is the 33-year repayment schedule i'd like to just remind the council that their irs arbitrage regulations that say that you have to spend money within a certain amount of time after you issue the bonds and i i've been very concerned all along

6:31:31that that might get drawn out and we come up against that deadline i'm very pleased to see the bond schedule repayment schedule's been proposed because i think it's very appropriate given some of the uncertainties regarding our library and i very much urge you to support the

6:31:45project that has been described by the city staff this evening thank you for your time any other speakers no okay we'll bring it back for additional questions the 33 year repayment schedule is a result of sequencing 30-year bonds is that is that is that the reason why it's

6:32:0533 years correct for exactly what tom is saying right is because we're because we have to still go through design and the entitlement process before we have construction um we wanted it well that that was the main issue is arbitrage issues but also it's much more cost effective for the city

6:32:25and the residents to do it that way correct because we're not paying interest early on the rest of the money right and and that could be added to the tax rate statement if the tax rate statement is not locked in stone tonight is that correct yes it is my understanding it is and i wouldn't

6:32:46want to do that because at when we ultimately becomes time to issue things may change may change we're basing the numbers on as of today our financial advisors saying this is this is how we would do it under current circumstances uh six months from now or nine months from now

6:33:07that could change so um and now obviously we would come back at that time but i i would say on their behalf that we wouldn't want to be that specific we're just saying that's what we modeled to come up with the tax rate statement at this point but it doesn't say in here why it's 33

6:33:24years that's that's all i'm trying to say is that the fact that it's an economic benefit for us to to stagger this is not stated economic benefit but also we want to make sure that we we follow all rules around how long you can hold bond proceeds correct i'll make a motion if nobody

6:33:57has anything to say okay i am move that we adopt a resolution finding that a safe modern el cerrito library project is in the public interest and necessity second uh do we have to read the rest of that title no that's not that that's just there for we included it in that portion of the

6:34:20staff report so that it would be right up front for the council to see okay great let's be late okay so we have a motion uh resolution of the city council of el cerrito determining the public interest and necessity demand for land acquisition construction design furnishing et cetera

6:34:40it's been made by abelson who seconded me bridges uh all those in favor please say aye aye opposed abstentions let the record show past 5-0 um so that moves us on to the first reading of an ordinance is that correct right i'll move the ordinance of the city council the city of el srido

6:35:01ordering the submission of a general obligation bond proposition to the qualified voters of the city of el cerrito at the general municipal election to be held on november 8 2016.

6:35:12for the purpose of land acquisition or lease design construction furnishing equipping and supplying of a safe modern library project made by freeman seconded by quinto all those in favor please say aye aye opposed extensions let the records show it passes and thank you to the library supporters

6:35:35for hanging out to the wee hours of the morning and we really appreciate your dedication not just for being here but all along the process you have one more thing to do though i know okay a move to a probe excuse me approve a motion authorizing an appropriation of twelve thousand

6:35:52dollars from the unrestricted general fund balance for an estimated election cost associated with this measure second uh moved by bridges segmented by abelson to appropriate twelve thousand dollars all those in favor please say aye aye opposed abstentions let the record show

6:36:11passes five zero i believe that concludes item seven uh and we will postpone items eight and move on to our item nine which is adjourned the regular city council meeting of this date to the next regularly scheduled city council meeting which is tuesday august 2nd

6:36:35at 7 pm hey we finished five minutes early way to go you