Contents
13 sections- 01Tar sands at Phillips 66X
- 02Five questions from the state auditorS
- 03Costs with no revenueS
- 04They laughedS
- 05A focused auditS
- 06Experts termed outS
- 07Why fix the storm drains nowN
- 08Three componentsS
- 09Plastic that costs money to throw awayS
- 10“Child's play”S
- 11Two years later, all over againS
- 12What a charter city can refuseS
- 13Liaison assignmentsN
01 Tar sands at Phillips 66 captions 1–119
0:22:29Good evening This is I'm calling to order
0:22:32the regular meeting of the city council of Alice
0:22:35Prieto for December 17th.
0:22:38It is now 7 0 7 and we had a special meeting earlier
0:22:45to interview candidates.
0:22:47We made no appointments tonight so at this point
0:22:53I would like to have roll call for the regular meeting council
0:22:56member King County council member Paddy Moto as it may
0:23:01or here.
0:23:02Mayor pretend FDLE here council member Abelson here
0:23:08Item number one is pledge of allegiance to the flag
0:23:10or an observation of a moment of silence.
0:23:13Council member Ableton Would you like to lead us I
0:23:17pledge allegiance to the flag of the United States of America
0:23:22and to the republic for which it stands one nation under God
0:23:27indivisible with liberty and justice for all Our next item
0:23:34is item two which is counsel and staff communications
0:23:41start of my right.
0:23:44Thank you Let's see I just want to let everyone
0:23:48know that I did.
0:23:50I am returning to the Sierra Club a chapter board
0:23:53and was re-elected over the weekend.
0:23:55So I look forward in working with the 40000 members
0:24:00and Miran San Francisco Alameda and Contra Costa counties
0:24:04and I look forward in working with members here in El Sarita.
0:24:09I also last week met with the hazardous materials commission
0:24:15we met with East County Supervisor Dianne Burgos
0:24:21and we spoke to her about the things that we worked on
0:24:26and we were and what we would like her to look into as
0:24:30well regarding the dredging issues that we have
0:24:35on the northern shore line as well as dealing
0:24:40with environmental issues with the northern shoreline
0:24:45and here in Richmond.
0:24:46So it was a good meeting and we look forward
0:24:51in working with our Board of Supervisors
0:24:54they will be dealing with the dredging issue next year
0:24:57as well.
0:24:59So this is something that that is done.
0:25:02But environmentalists are saying that they
0:25:05are getting ready to refine tar sands at the Phillips 66.
0:25:11I was told by members that were there that that work at Philips
0:25:17that that was not going to happen
0:25:18so we're going to keep a close watch on and continue talks.
0:25:26Right.
0:25:26Councilman Wilson No no no.
0:25:31Okay.
0:25:32Council member Phil.
0:25:33Yeah.
0:25:34I just say I was lucky enough to attend
0:25:37my 20th holiday breakfast rural community center.
0:25:40My kids didn't come but I went 20 years in a row
0:25:43here also I attended in Sacramento the state Senate
0:25:47staff alumni association meeting last week
0:25:50and some of the discussions was on how
0:25:53to keep in touch with new senators
0:25:56and the issues that came up were housing coming up again
0:25:59in the next session in 2020 and finally I just wanted
0:26:04to draw attention to two great publications I got you
0:26:07all probably in the mail news and views
0:26:09some El Serino and the winter spring activities.
0:26:12Great great publications.
0:26:14If you really look at them and well-written
0:26:17and in the news and views there's
0:26:18a whole section on recycling green waste and garbage
0:26:21services which we'll be talking about later tonight
0:26:23as a guide for everybody.
0:26:24Thank you.
0:26:26Council member Purdue Okamoto I was.
0:26:29I want to say Mayor but it's not that won't work.
0:26:33I have nothing to report.
0:26:34Thank you.
0:26:34Right.
0:26:35How about stuff.
0:26:36Thank you Your Honor.
0:26:37I just wanted to remind the the council and the public
0:26:42that City Hall is going to be closed next week
0:26:45for the winter holidays.
0:26:46It will be Christmas and Hanukkah next week.
0:26:49So I just wanted to say happy holidays to everyone
0:26:52and we will see you in 2020.
0:26:54We will reopen on January 2nd.
0:26:57There are also other schedules for all
0:27:00of our other city buildings.
0:27:01So please look on our website.
0:27:03We have a notification up on our calendar for you
0:27:06to see exactly when the hours will be open.
0:27:09But city hall will be closed and I will be visiting
0:27:12family in Michigan quite cold.
0:27:14And then I would like to turn it over
0:27:15to Holly who also has an announcement to make
0:27:17the city clerk Charlotte.
0:27:19I'm excited to share that the city has launched improvements
0:27:22in public access to meeting materials and videos
0:27:25for city council meetings.
0:27:27The public can now access all relevant information
0:27:29for council meetings in one location
0:27:31with just a click of a button.
0:27:33We are streaming through that new medium tonight which
0:27:36has a much sharper image for those that are viewing
0:27:39the video from home and the agenda
0:27:43is now much more interactive with links
0:27:44to individual items as well as all the attachments
0:27:48that PDA agenda.
0:27:49The agenda packet the meeting minutes
0:27:51and the meeting videos all in one location so all
0:27:54of the information on our website
0:27:56has been routed in its existing location to that new software
0:28:00so our audience at home can view it all right.
0:28:05Thank you.
0:28:06And I've got a couple of things to say.
0:28:09A couple of announcements and some items
0:28:10to say on the announcement side.
0:28:14This is our last televised meeting before Martin Luther
0:28:19King parade day so I just want to remind everyone that Martin
0:28:22Luther King and I know the cameras there
0:28:24and you can zoom in on this.
0:28:26This pin it's an MLK pin that I got while I was
0:28:31in Copenhagen at the Stockholm at the museum
0:28:39for Nobel Prize winners.
The meeting opened after a special session to interview advisory body candidates, at which “we made no appointments.”
Quinto reported his re-election to the Sierra Club chapter board, representing “40,000 members.”
He had also met with Supervisor Diane Burgis, with the hazardous materials commission, about dredging and environmental issues on the northern shoreline. His concern: “environmentalists are saying that they are getting ready to refine tar sands at the Phillips 66.”
The reassurance he had been given: “I was told by members… that work at Phillips that that was not going to happen. So we're going to keep a close watch.”
Fadelli reported his “20th holiday breakfast” at the community center, and praised the city's newsletter and activity guide — “great publications.”
The City Manager said City Hall would close for the winter holidays and reopen on 2 January. The City Clerk announced a new platform putting agendas, packets, minutes and meeting video in one place.
The Mayor announced the MLK Day parade, starting at City Hall at nine on 20 January.
Printed publications, including the newsletter praised here, are on hold by September 2020 (15 Sep 2020).
02 Five questions from the state auditor captions 120–166
0:28:41So I'm wearing it so that helped remind me to announce the MLK
0:28:45Day parade which will be on MLK Day which is January 20th
0:28:52and it starts here at city hall and we
0:28:54go over towards the high school and it starts here at 9:00.
0:28:59I think that's the usual 9 and you
0:29:05know that's my announcement with words
0:29:08that I now going to turn to is more somber news
0:29:13because I would like to report on my time
0:29:15with the state auditor.
0:29:17It was a one hour meeting and I will do my best to keep
0:29:20my report to five minutes.
0:29:23I don't think I'm going to succeed based
0:29:27on the release of the ranking of California Cities
0:29:29by the state auditor.
0:29:31A team from the state auditor's office
0:29:32visited the city of Eldorado to discuss
0:29:35our rating of high risk.
0:29:38They were there to do an assessment.
0:29:39They were here to do an assessment
0:29:41to determine whether or not the state
0:29:43auditor would conduct a full audit of the city finances.
0:29:48They spoke to the city manager the finance
0:29:50director senior staff and every council member in totality.
0:29:57Their questions asked How did Elsa Prieto
0:30:00get into this financial crisis.
0:30:03And I told the story as I know it.
0:30:06And here here are the topics that I discussed
0:30:09with the state auditor.
0:30:11So what do you know about the reserve.
0:30:14Our reserves were three point four million dollars in 2008
0:30:17when I took office and we're about a million
0:30:20in twenty nineteen primarily.
0:30:22That million dollars primarily based on inter fund transfers
0:30:27decisions over a decade have resulted
0:30:30in one time unfunded costs that have reduced the reserves.
0:30:35These costs include no layoffs during the recession of 2009
0:30:39and 2010 no layoffs when redevelopment
0:30:43agency was dissolved in 2012.
0:30:47Sanctuary City values and opposition ice contracts
0:30:50by the Contra Costa Sheriff resulting
0:30:53in a dispatch contract that cost us more money.
0:30:57Building the Midtown activity center in 2018.
0:31:02Each of these decisions was probably about a half million
0:31:05dollar decision on its own a cumulative drain
0:31:08on our reserves of 2 million dollars and more than half
0:31:13of that drain on reserves coming after 2016
0:31:22so other decisions that increased our costs
The Mayor reported on a one-hour meeting with a team from the state auditor, prompted by the city's high-risk ranking.
Their purpose: “to do an assessment to determine whether or not the state auditor would conduct a full audit of the city finances.” They met “the city manager, the finance director, senior staff and every council member.”
The first question: “how did El Cerrito get into this financial crisis?”
His answer: the reserve had fallen from $3.4 million in 2008, when he took office, to about a million in 2019, “primarily based on inter fund transfers”; decisions over a decade had produced one-time unfunded costs.
The decisions, each “probably about a half million dollar decision on its own”: “no layoffs during the recession of 2009 and 2010”; “no layoffs when [the] redevelopment agency was dissolved in 2012”; and “building the Midtown activity center in 2018.”
And one that is rarely stated as a cost: “sanctuary city values and opposition [to] ICE contracts by the Contra Costa Sheriff, resulting in a dispatch contract that cost us more money.”
The cumulative drain: “2 million dollars, and more than half of that drain on reserves coming after 2016.”
The city's dispatch contract with Richmond is later renegotiated about $110,000 cheaper (24 May 2022).
The Mayor tells the state auditor that sanctuary city values and opposition to the Sheriff's ICE contracts produced “a dispatch contract that cost us more money,” one of four decisions he puts at about half a million each. The others: no layoffs in 2009–10 or when redevelopment ended, and building the Midtown activity center.
03 Costs with no revenue captions 167–243
0:31:25with no clear revenue include establishing a minimum wage
0:31:30for Elsa Rito this increased our cost of part time summer
0:31:35workers increasing the library hours complying with stormwater
0:31:41pollution laws continuing streetlights
0:31:46while they do all the cost to illuminate our streets
0:31:49exceeds our current landscape lighting assessment district
0:31:51revenue input implementing implicit bias training
0:31:56and de-escalation training in response
0:31:58to growing homelessness issues funding our school resource
0:32:02officers at 11 percent.
0:32:04Even when we're only reimbursed at 80 percent Next question How
0:32:12long have I known that reserves were in trouble the declining
0:32:17revenue started in 2010 10 with the recession council debated
0:32:21intently whether to use reserves or make cuts in 2010 we decided
0:32:29to do certain things to protect to use our reserves to keep
0:32:33our staff however we did do cost eliminating cost curtailment
0:32:39and that included eliminating positions in 2010 and 2012
0:32:43balancing the budget using almost a 20 percent vacancy
0:32:47rate during the recession in 2010 through 2012 renegotiating
0:32:53labor contracts and 2012 public safety deferred pay increases
0:32:58that they were entitled to and they
0:33:00increased the amount that their staff pays for retirement up to
0:33:0312 percent non-public safety contracts and those employees
0:33:08also picked up the full cost of employee costs
0:33:11of their retirement which had been
0:33:13previously paid by the city.
0:33:16We changed our health insurance broker to reduce cost in 2014
0:33:21still our reserve was not climbing our reserve continued
0:33:26to decline and not and was did not grow as was expected
0:33:31and was of great concern in 2016.
0:33:34So we refinanced debt in 2016 to reduce cost.
0:33:39We increased the amount we collected from the pool
0:33:41and park measure in 26 to the maximum amount
0:33:45almost a 10 percent increase 10 15 percent increase.
0:33:49We began exploring charter city status in 2017 that allows
0:33:53greater local control and revenue options that
0:33:56come from being a charter city I was asked what have we done
0:34:01about revenues why started.
0:34:04And Janet knows this.
0:34:06We started trying to adjust our revenues back in 2016
0:34:11with the landscape lighting an assessment district.
0:34:13This was a Prop 2 18 ballot where votes were cast based
0:34:17on square footage of the lot.
0:34:20It failed because the large landowners were opposed to it
0:34:27Currently the general funds subsidize the light landscape
0:34:30lighting and assessment district by almost four
0:34:32hundred thousand dollars a year in 2008 measure eg for pavement
0:34:40we pass that in our pavement index
0:34:42went from one of the worst in the city in the Bay Area
0:34:45to one of the best in the Bay Area 2010 and 2014.
0:34:51We passed sales tax revenue Measure
0:34:53R which goes into the general fund
0:34:57and is helping with our growing cost of health care wages
0:35:00and unfunded retirement liabilities 2014.
0:35:06We passed the San Pablo Avenue specific plan
0:35:08to spark price property development
0:35:10along the economically depressed Avenue 2018 charter city
0:35:17and real property transfer tax was on the ballot
0:35:19and passed in this Council a year
0:35:23ago and again two weeks ago has expressed
0:35:26great desire for that revenue to go to our reserves.
0:35:30And again this year.
0:35:32Thank you to the to our voting public for passing.
0:35:35Park and pool measure H which continues
0:35:38tenured and existing revenue stream
0:35:40that can now actually reduce costs against the general fund.
0:35:45It has made maintenance is performed in our parks.
0:35:49I was asked mostly most of these revenue measures
0:35:51were before 2016.
0:35:53What has happened recently in 2016.
0:35:57We passed we increased the pool of Park measure to its maximum
0:36:01and in 2018 measure V. Charter city
0:36:04to make it possible to have other revenue
0:36:07measures was asked.
0:36:10What about our revenue assumptions and I
0:36:14talked about the fact that our storm storm water assessment
0:36:17fee has not increased ever.
The Mayor continued with decisions that raised costs without any matching income.
His list: “establishing a minimum wage for El Cerrito — this increased our cost of part time summer workers”; “increasing the library hours”; “complying with stormwater pollution laws.”
And street lighting: “the cost to illuminate our streets exceeds our current landscape lighting assessment district revenue.”
Plus “implicit bias training and de-escalation training in response to growing homelessness issues,” and “funding our school resource officers at 11 percent. Even when we're only reimbursed at 80 percent.”
Then what had been done since 2010: eliminating positions, “almost a 20 percent vacancy rate,” and labor concessions, with public safety deferring increases and paying up to 12 percent toward retirement. The city changed health insurance brokers in 2014, refinanced debt in 2016, raised the pool and park measure to its maximum in 2016, and began exploring charter city status in 2017.
The assessment district attempt: a 2016 ballot “failed because the large landowners were opposed to it,” so “the general fund subsidize[s]” the district “by almost four hundred thousand dollars a year.”
On revenue, he listed the pavement measure of 2008, the Measure R sales tax in 2014, the San Pablo Avenue specific plan, charter status and the transfer tax in 2018 (Measure V), and Measure H. He noted that the stormwater assessment fee has never increased.
Asked whether the city would try again, “I said maybe,” since San Pablo's large lots are now owned increasingly by residential developers who may see it differently.
The Mayor lists costs taken on without matching revenue: a local minimum wage, extra library hours, stormwater compliance, and school resource officers. The general fund subsidizes street lighting by almost $400,000 a year because the 2016 assessment ballot was defeated by large landowners.
04 They laughed captions 244–351
0:36:21And we have unfunded state mandates
0:36:23to comply with clean water regulations driving our costs
0:36:27up our redevelopment revenue disappeared in 2012 we sued
0:36:35the state to return one point four million dollars that we
0:36:38don't believe is theirs.
0:36:40That would be useful.
0:36:42I told them I asked them if they could help us with that they
0:36:47laughed also the state tax assessor has changed how
0:36:54Home Depot tax split is done.
0:36:57This is minutia.
0:36:58Most of guys to me may not remember this minor discussion
0:37:01we had accounts on this but at one point
0:37:05Home Depot is 60 percent enrichment and 40 percent
0:37:09nails Rito but at one point because Alfredo
0:37:12is the curb we were getting 50 percent of the tax revenue.
0:37:17Then they reversed their decision At one point
0:37:20they reversed their decision and said we only have two cash
0:37:22registers in Eldorado and there are
0:37:2412 cash registers in Richmond so Richmond
0:37:27should be getting 80 percent.
0:37:30We we prevailed in that ultimately it
0:37:32went back to the original 60 40 split
0:37:35but as a result we had several years where we didn't get
0:37:38any tax revenue as the previous decision was undone
0:37:45and we paid back Richmond for those we had declines
0:37:49in the user utility tax This is caused by people canceling
0:37:54their landlines the user utility tax is a fee that we collect
0:37:58as a result of utilities in the right of ways
0:38:00and as people move to wireless and dish and satellite there's
0:38:05less tax income Now the thing I pointed out
0:38:11would love to have the state's assistance with this.
0:38:14Our county assessor took advantage of the recession
0:38:19and vastly reduced many El Serino homes and assessments
0:38:24right before his 2010 re-election
0:38:28and he didn't restore those until after his 2014
0:38:31re-election and in 2012 2013 and 2014
0:38:35we were making projections that property assessments would
0:38:38would rebound as the recession ended
0:38:41and we didn't see that We've had slow development
0:38:46of San Pablo Avenue slower than we anticipated or slower.
0:38:50We expected it in 2016.
0:38:53Now we have it is happening now and in most recent revenue
0:38:58that hasn't been realized.
0:39:00The assumption that we made that we'll have to revisit this year
0:39:05is marijuana tax revenue marijuana store is not opened
0:39:08as it as it was scheduled and we've
0:39:10not seen some of the revenue that we
0:39:12anticipated in our budget.
0:39:14I was asked has the council considered cutting services.
0:39:18I spoke about the obvious cuts where
0:39:20the general fund supports programs totaling about
0:39:24a million dollars in 1988.
0:39:28The city did not have streetlights.
0:39:32Residents voted to tax themselves.
0:39:34They put the landscape lighting in assessment district
0:39:36in place.
0:39:37It generates seven hundred and fifty thousand dollars a year.
0:39:41However our costs for lighting in this city is more than one
0:39:45point two million dollars a year.
0:39:48We could save money if we turned off
0:39:49the lights the challenges that fewer
0:39:54met few residents remember the time before street lights.
0:39:57So this is a service they expect we could save money eliminating
0:40:02the school resource officers our reimbursement
0:40:06and I'm gonna put this in a big quotations is currently
0:40:0980 percent or capped at hundred thousand
0:40:12for a cost of three hundred sixty thousand
0:40:15and I only envision that the school
0:40:17district is not going to reimburse at all
0:40:20with their financial problems.
0:40:23Few parents of our current students
0:40:25remember the time before SRO rose It's our community's
0:40:30responsibility to provide a safe learning
0:40:32environment for our students we going to cut that service.
0:40:38We could save money eliminating the extra hours we have
0:40:41the library open the other day I was going to the library
0:40:45I robbed a few minutes before opening there was
0:40:49over a dozen people lined up outside to use the library I
0:40:54don't think that that's going to be a service
0:40:55that people are going to relish being cut What
0:41:01about firefighter overtime.
0:41:03I was asked the concept that is in place is that it.
0:41:07Overtime is cheaper than the fixed costs
0:41:10that come with new employees.
0:41:13Overtime does not generate purrs personal retirement
0:41:18and doesn't have some of the other burdens on it.
0:41:22This calculation was true in 2010
0:41:26but it needs to be revisited in 2010
0:41:30With the recent wildfires over the last two years
0:41:33this has been a strain on our budget.
0:41:35While we are fully reimbursed by the state for any overtime
0:41:39related to fires that our crews are sent to
0:41:45and that's from the state Office of Emergency Services
0:41:50we have minimum staffing requirements
0:41:51here and in Kensington and our over time
0:41:56costs are increasing associated with that service at home.
0:42:00This is something that staff will need to look at carefully
0:42:05I was actually asked by the state auditor
0:42:07if we would revisit the Prop 2 18 election.
0:42:10The Prop 2 Proposition 2 18 election regarding landscape
0:42:13lighting assessment district.
0:42:15The auditor asked if we would try again and I said maybe.
0:42:22Given the extensive changes along San
0:42:25Pablo Avenue are large lots having changed.
0:42:28The new owners that are my mostly residential may have
0:42:31a different perspective on street lighting
0:42:36was asked what service I asked what
0:42:40services does the state auditor provide I
The revenue history included three losses the city had not caused.
The first: redevelopment revenue “disappeared in 2012. We sued the state to return one point four million dollars that we don't believe is theirs.”
His request of the auditors: “I asked them if they could help us with that. They laughed.”
The appeal still has no hearing date in February 2020, and $1.3 million is written off against it (4 Feb 2020).
The second: the Home Depot sales tax split with Richmond. It had been 60 percent to Richmond and 40 percent to El Cerrito, and at one point El Cerrito received 50 percent; then the decision was reversed on the ground that El Cerrito had two cash registers and Richmond 12, so Richmond should get 80 percent.
The city prevailed and the split returned to 60–40, “but as a result we had several years where we didn't get any tax revenue… and we paid back Richmond.”
The third is a claim about motive. The Mayor said the county assessor “took advantage of the recession and vastly reduced many El Cerrito homes' assessments right before his 2010 re-election, and… didn't restore those until after his 2014 re-election.”
The attribution of timing to electoral motive is the Mayor's, stated to the auditor and not tested here. He added that utility users tax revenue was declining as people canceled landlines, San Pablo Avenue development was slower than expected, and the cannabis store had not opened on schedule.
Asked whether the Council had considered cutting services, he named about a million dollars of general fund support. The lighting district raises $750,000 a year against lighting costs of more than $1.2 million. School resource officers cost $360,000, with reimbursement at 80 percent capped at $100,000, and he expected the school district to stop paying. He also named the extra library hours. On firefighter overtime, he said the 2010 calculation that overtime is cheaper than new hires needed revisiting, given minimum staffing in El Cerrito and Kensington.
The city sued the state to recover $1.4 million of redevelopment money, and when the Mayor asked the auditors for help, “they laughed.” A Home Depot tax split was lost for years on a count of cash registers, then restored, and the city repaid Richmond. The Mayor attributes recession-era reassessment cuts to the county assessor's re-election timing; that is his claim, untested here.
05 A focused audit captions 352–436
0:42:45asked them if they could help.
0:42:47We talked about how audit might be a huge drain on our staff
0:42:51at a time when we most need them to help with our efforts
0:42:54to resolve our financial issues and prepare a budget the state
0:43:01auditor said they could decide to do a focused
0:43:04audit on just costs or just revenues
0:43:07or both in the next 45 days.
0:43:12They will be developing a scope to recommend
0:43:14to the legislator legislature.
0:43:18I requested a focus audit as it sounded like the best balance
0:43:22between accessing their expertise
0:43:24and managing our staff workload during the next six months
0:43:30The timing of their audit will not
0:43:32be ideal they seek authorization from the legislature
0:43:38on February 19.
0:43:40Would conduct their field work in March April and May
0:43:44right when we're doing our budget
0:43:46and they would generate their report in August and September
0:43:52right after well after our budget is adopted.
0:43:55And if the community sports supports a revenue measure
0:43:59it would be after we need to place something on the 2020
0:44:03ballot their timing could undermine our efforts this year
0:44:08to address our issue but I still think
0:44:12they can help So what is our council going
0:44:18to do about action this year.
0:44:23As we all discussed two weeks ago
0:44:25this council will focus on fiscal stability
0:44:28this coming year.
0:44:29We will have a strategic plan update this year
0:44:32and we will revisit our current strategic goals
0:44:35and determine how to prioritize the services we provide.
0:44:39Not a wish list this time but a reality check
0:44:43as to how to best allocate resources our goals are deliver
0:44:49exemplary services achieve long term
0:44:52financial stability develop a sense of place and community.
0:44:56Its sense of place and community identity
0:44:59develop public facilities ensure health and public safety
0:45:04and foster environmental sustainability achieve
0:45:08long term financial sustainability
0:45:12does not is not the same as our fiscal responsibility.
0:45:18Our fiscal responsibility needs to be over all of these goals
0:45:25staff will need to consider cuts across the board residents will
0:45:34consider what their priorities are through our strategic plan
0:45:38process and we look to them to express themselves
0:45:43during the strategic budget processes to give us guidance
0:45:48on what the priorities are I hope
0:45:54I hope residents decide to increase revenues
0:45:57to maintain our services.
0:46:00Again I know that sounds like a broken record.
0:46:05However some of our revenues like landscape lighting
0:46:08an assessment district or the user utility tax
0:46:11are not increasing as our labor is as fast as our labor
0:46:16and project costs do loud doesn't even
0:46:19increase we've been able to maintain our staff as result
0:46:27of approximately 3 percent increases per year
0:46:32since the recession ended but pension costs
0:46:39continue to increase and our revenues have not always
0:46:42kept up People see the median house price
0:46:47climbing that only affects a.
0:46:50And I did the math.
0:46:53Two point six percent of our housing stock per year
0:46:58two hundred home sales out of seventy five
0:47:01hundred homes if none of those homes
0:47:08resold in the last ten years there
0:47:10would be two thousand homes would only
0:47:13be a quarter of our housing stock assessed
0:47:15since the recession with over a quarter assessed at pre 1990
0:47:20levels our tax revenues do not climb
0:47:23as fast as commonly thought.
0:47:25When you look climbing median home value
0:47:34we expect to receive our annual audited financial statements
0:47:37for the close of the fiscal year 2018 2019 sometime
0:47:40in the next couple of weeks.
0:47:43It's highly sought after our last comprehensive annual
0:47:48financial report was for the fiscal year ending 2018 staff
0:47:56will be providing the city council and the public
0:47:58with this information and an update
0:48:01on our financial position as soon as possible many residents
0:48:08have suggested a community meeting to discuss the budget
0:48:11and staff would also like to host a series of meetings
0:48:14to discuss budget priorities as I told the state auditor
0:48:19and as I announced my opening remarks last week
0:48:22two weeks ago we plan to hold a town hall meeting soon
0:48:28and the date that it's tentatively put out there
0:48:31is Saturday February 1st.
The Mayor described what he asked the auditors for, and why.
The concern: “how an audit might be a huge drain on our staff at a time when we most need them to help… resolve our financial issues and prepare a budget.”
The options offered: “a focused audit on just costs, or just revenues, or both.”
His request: “I requested a focused audit, as it sounded like the best balance between accessing their expertise and managing our staff workload.”
The Joint Legislative Audit Committee approves the audit in February 2020 (16 Mar 2021).
His note on timing: “the timing of their audit will not be ideal” — authorization on 19 February, fieldwork in March to May while the budget is being prepared, and a report in August or September, after the budget is adopted and too late to inform any 2020 revenue measure.
Then the strategic plan, which he wanted to be “not a wish list this time but a reality check” on “how to best allocate resources.”
His conclusion: “achieve long-term financial sustainability is not the same as our fiscal responsibility. Our fiscal responsibility needs to be over all of these goals,” and “staff will need to consider cuts across the board.”
He hoped residents would decide to increase revenues. Rising home prices help less than people assume: about 200 of 7,500 homes sell each year, and over a quarter of the housing stock is assessed at pre-1990 levels. The audited statements for 2018-19 were expected within weeks, and a budget town hall was set tentatively for Saturday 1 February.
The Mayor asked the state auditor for a focused audit, on costs or revenues, to limit the load on staff while they prepared a budget. Fiscal responsibility, he says, must sit “over all of these goals.”
06 Experts termed out captions 437–640
0:48:34So please save that date we'll send out further details
0:48:38after the New Year that concludes
0:48:46my report on my time with the state auditor Item 3 is next.
0:48:54It's our oral communications from the public.
0:48:57All persons wishing to speak should
0:48:58sign up with the city clerk.
0:49:00Remarks are typically limited to 3 minutes per person.
0:49:04I may reduce the time depending on the number of speakers which
0:49:08looks like it's about 3 3 I guessed correctly kindly state
0:49:12your name and residence for the record
0:49:16comments regarding non agenda items
0:49:17and presentation Consent Calendar
0:49:20items will be heard first.
0:49:22To that regard any consent items that anyway would like
0:49:25to poll given the supplemental materials are
0:49:28Dias and 840 Yep 4D is pulled.
0:49:32I'd like to talk about 4C and Mr. FDLE I'm guessing you're
0:49:35gonna talk about for a guess.
0:49:40I guess I could.
0:49:41So if you're going to speak to for a 4C or 4D
0:49:43we'll take it up at a time that we deal with those items.
0:49:47So oral communications at this time.
0:49:50Here we have three speakers tonight
0:49:52The first is cordial light followed
0:49:53by Robin Mitchell ready.
0:49:58So good evening.
0:49:59Mayor Lyman council I am Cordell handler with some Christmas
0:50:02presents for you all.
0:50:03So coming up on February the 7 which is
0:50:06six days after the town hall.
0:50:09If you have enough energy I'm inviting you all to this Alesia
0:50:12High School pasta dinner February 7
0:50:152010 he is gonna be held in their cafeteria
0:50:18and it's free for all.
0:50:19So please bring your families and I
0:50:22would try to convince our friends
0:50:23in the city of Richmond that come our DNA to the dinner too.
0:50:26So that's why then number two is if you I've been doing
0:50:30some some research and I've been comparing other cities
0:50:33and how much rent they are paying
0:50:35for for a commercial space and because I've spoken with one
0:50:39of the business owners yesterday evening
0:50:41and I asked them how much do you guys pay rent for your space
0:50:45and they say 16 grand and I'm like This
0:50:48is This is unheard of.
0:50:49I as a business owner per say I would not invest not one cent
0:50:54of my money because for two reasons one the location
0:50:58and because it's like is is pretty close to proximity and I
0:51:01said I'm not I'm not investing not once in a mine money
0:51:05in there and elsewhere because Don't get me wrong it's a good
0:51:08town but but one of the other issues I was brought
0:51:11to my attention was the safety around this area
0:51:14because there's like what like what you just said regarding
0:51:17the homeless state of mind and I said Oh Maya this is very
0:51:22unusual because as a business owner
0:51:24personally I would invest my money
0:51:26in somewhere it was convenient
0:51:28and safer for me because as a business owner
0:51:32I have to look at this from a different angle
0:51:34so I'm looking at it and I said I don't know it maybe But then
0:51:40again and not be a good fit.
0:51:41So I just want to let that let that let it sink in so.
0:51:45So that's the good and that's the I don't want
0:51:47to sound like a broken record too
0:51:48but it's just it is what it is so.
0:51:51So I will hopefully that will see
0:51:52all your council members that the spaghetti
0:51:54dinner in early February.
0:51:56So with that Robin it's all yours because Robin Mitchell
0:52:00followed by Al Miller so I'm Robin Mitchell
0:52:09a resident of El Cerrito.
0:52:11And how does handing out a letter I'm not going to read
0:52:15the whole letter but so I'm on the urban forest committee
0:52:19and we just had two of our most senior knowledgeable members
0:52:22Steve Price and Michael Schrager term out of their committee
0:52:26and they're both experts in trees and urban forestry
0:52:29and losing these members of the committee is a real blow
0:52:33to the projects that we're working on because we need
0:52:36their expertise and I understand that the term limits
0:52:40on committees were set by the city council in 2013 And I
0:52:47would like you all to explore the possibility of maybe
0:52:52amending that or I guess it's an ordinance
0:52:56or a city municipal it's in the
0:52:58municipal code for especially for committees that are small
0:53:01that haven't filled their full membership and that need
0:53:04expertise.
0:53:05I'm not sure it seems like most like these
0:53:07might need some expertise but there
0:53:08have been forest committee in particular
0:53:10you want to have people that know
0:53:11about trees know about forestry so now we're down to five.
0:53:15We only have five people on our committee
0:53:19And it's like I said it's gonna be hard
0:53:21for us to do some of our projects
0:53:22without the expertise of those two.
0:53:24So I have two requests I have no idea if it's possible for you
0:53:27to fulfill my request but I'm going to ask them anyway.
0:53:30The first one is that if possible at sometime in the not
0:53:34too distant future the City Council could actually
0:53:36reinstate those met those two members that were termed out
0:53:40as part of the urban forest committee
0:53:41while you're thinking about a new policy.
0:53:44And then the second is a longer term look at the term limits
0:53:48for committees and it could be that you need term limits
0:53:51in some situations where the committee is full
0:53:53and there's lots of people that want to be on it.
0:53:55But if the committees are really small
0:53:57and they need expertise that might
0:53:58be an exception to the term limits
0:54:00and that the other thing is that I was thinking that was just
0:54:05for committees not commissions and boards
0:54:07but you know thinking about some of the commissions
0:54:11and boards might actually benefit from that kind
0:54:14of examination also because the Design
0:54:18Review Board lost their own their landscape architect.
0:54:21I think she termed out.
0:54:22So Maggie Lake Lee was a landscape architect
0:54:25and she provided really good feedback to developers
0:54:27about planting selections So you know
0:54:30it might be that it would be good to have
0:54:32a requirement of certain expertise
0:54:35on some of these boards.
0:54:36And if you can't fill it because there aren't residents
0:54:38that expertise maybe they could keep more than their term limit
0:54:42or whatever.
0:54:43So anyway thank you for your time.
0:54:45Thank you.
0:54:46Because our Emily Lyman council members
0:54:53I'm here to talk about something that you all know about
0:54:55especially Greg it's the seventieth anniversary
0:54:59of the senator shoddy holiday display
0:55:01that Elsa Rito takes such pride in.
0:55:05Unfortunately there are still a lot of vacant positions open.
0:55:10The goal of the organizing committee
0:55:12is to have two people at each shift there's
0:55:16two shifts a night from five to seven thirty
0:55:20and from 730 to 10.
0:55:23The display opened on the 14th and it will shut down at 10:00
0:55:30on 26 then be taken away and disappear back
0:55:35into the shipping containers by the recycling
0:55:37center on the twenty seventh so everybody knows how
0:55:43pretty it is how wonderful it is and how
0:55:45many people come to see it.
0:55:47I'm hoping that there are people out there that will say Gee
0:55:50I've never done that before but let me inform you
0:55:55that it's a very pleasant task sometimes
0:55:58it's what sometimes it's cold.
0:55:59But even those nights it's a very warming
0:56:03experience because so many people
0:56:06come out and take such pleasure in it.
0:56:09So my invitation is to anybody that thinks
0:56:12they would like to do that.
0:56:14Go look at this under a shady holiday display Web site
0:56:18and you can find out the details of it
0:56:20and how to contact the houses and get on the help list.
0:56:25Thank you.
0:56:26Thank you The speakers at this sign is seeing none.
0:56:33We will move on to the consent calendar
0:56:35which since we've pulled three out of the four things
0:56:38off we'll just take them one at a time.
0:56:40So item for a is approval of the minutes from November
0:56:4519th and December 3rd.
0:56:49We have two We have revised minutes at the diocese
0:56:53here that incorporated some minor edits So with that.
0:57:02Can I have a motion to adopt the minutes Second move by party
0:57:09Okamoto of seconded by Fidelity all those
0:57:11in favour please say I. Hi.
0:57:14Item four B is the annual review of investment policy.
0:57:18Any speakers on this item.
0:57:20No I do not.
0:57:21OK.
0:57:23The annual review of investment policy.
0:57:26Each year we take up the investment policy
0:57:29the financial advisory board reviews it
0:57:31and makes recommendations.
0:57:32This year they made no recommendations for change.
0:57:36Can I have a motion to adopt the annual review
0:57:38of investment policy.
0:57:39Some of that got moved by Quinto seconded by Ables and all
0:57:43those in favour please say hi.
0:57:44Hi.
0:57:46Item 4 C is the transportation impact fee
0:57:49annual report for fiscal year 2018 2019 I Rasta
0:57:53pull this from the agenda because I wanted
0:57:55to it's the first one and I felt it's important that we identify
0:58:02which properties which projects have
0:58:05complied with our impact fee.
0:58:08And tonight at this diet we did get a table
0:58:12a quick little table that lists two five
0:58:17projects two to 13 Pomona AV 10 20 King Drive and 10 9 6 3 San
0:58:25Pablo Avenue twice and 1 0 300 San Pablo
0:58:30Avenue for a total of two hundred
0:58:33and seven thousand dollars IV.
0:58:36I would like this table to be added to the report
0:58:41so that it's registered into prosperity that it's something
0:58:45that we can that somebody can look at it five years from now
0:58:48and know which parcels had participated in the program
0:58:54Ms. Ms Ortiz has told me that it will be appended to the report
0:58:59so that our public document will have these properties
0:59:02listed to this one.
0:59:08I'm going to look up the actual motion
0:59:14and if you haven't I'm trying to go electronic so you'll have
0:59:18to be patient So the motion I think we're looking
0:59:24for Your Honor this one is just to receive and file
Public comment raised commercial rents, term limits on expert volunteers, and the holiday display.
A speaker had asked a business owner what they paid for their space — “16 grand,” which he called “unheard of” — and said the location and safety worries around homelessness would keep him from investing here.
Robin Mitchell of the Urban Forest Committee reported that its two most senior members, Steve Price and Michael Schrager, “both experts in trees and urban forestry,” had just termed out, leaving the committee with five members.
Term limits on committees had been set by the Council in 2013. The two requests: reinstate the two members while a new policy was considered, and take a longer look at term limits for small bodies that need expertise and cannot fill their seats.
The second example: the Design Review Board had lost its landscape architect — “I think she termed out” — who had given developers “really good feedback… about planting selections.” So “it would be good to have a requirement of certain expertise on some of these boards,” and where no resident has it, “maybe they could keep more than their term limit.”
The committee raises term limits again (17 Nov 2020).
Al Miller, a volunteer for the holiday display, reported its seventieth anniversary and “a lot of vacant positions,” with two people wanted on each of two nightly shifts.
On consent, the minutes and the annual review of the investment policy, with no changes recommended by the Financial Advisory Board, were adopted. The Mayor pulled the transportation impact fee report to have a table of the contributing projects, about $207,000 in all, appended for the record; it was received and filed with that amendment.
Term limits remove the experts: the Urban Forest Committee loses its two tree specialists and is down to five members, and the Design Review Board loses its landscape architect. The speaker asks for the two to be reinstated and for exceptions where small bodies need expertise. The committee raises term limits again (17 Nov 2020).
07 Why fix the storm drains now captions 641–806
0:59:30is receive and file so so can I make it a motion to append as
0:59:35well to correct it Okay so I'd like to motion
0:59:38to receive file with the amendment
0:59:41that I've asked for of adding this move.
0:59:44Quinto Well move over seconded by Ableton.
0:59:47All those in favour please say hi.
0:59:49That brings item for D.C. Council member.
0:59:53Party welcome what you asked for this Yes
0:59:55I'd like to have a few questions answered
0:59:58by staff any public comment on this item.
1:00:06No we do not.
1:00:10Good evening Mayor.
1:00:10Council members My name's event of this city's public
1:00:13works director Thank you.
1:00:15Um in light of our recent more um
1:00:19intensified budget discussions I just wanted to not just
1:00:22kind of quickly Passover large spending items such as this
1:00:28so could you please explain the somewhat of urgency
1:00:34in terms of doing this project at this time
1:00:40and how we would be affected if the projects were not done.
1:00:44Maybe the surrounding properties.
1:00:46What the effect would be.
1:00:47Yes.
1:00:48So these three sites came to our attention recently.
1:00:52These are pretty significant storm green issues.
1:00:56These are areas that have settled and caused
1:01:00some pretty significant displacements that are creating
1:01:04areas where storm drains are.
1:01:07There's like localized flooding so the storm
1:01:10drain structures that failed.
1:01:12So water is coming off the street
1:01:14and into private property.
1:01:16And so there are impacts to private property
1:01:18and they're pretty significant because these
1:01:20are areas of mapped landslide zones and also rito.
1:01:25Is that also a liability for us if we do not potentially fixes
1:01:30and it causes property damage to the surrounding properties.
1:01:33Yes.
1:01:34Okay.
1:01:36And then can you also explain where the funding will come
1:01:39from so the funding is coming from a special fund
1:01:42and restricted wind for storm drain purposes
1:01:44for a maintenance repair and improvement
1:01:47of our storm drain facilities.
1:01:49We have a current fund balance of about estimated fund
1:01:53balances of June 2019 of about six hundred
1:01:56and seventy five thousand dollars.
1:01:58We've been building up the fund balance
1:02:00as we're developing our storm drain
1:02:01masterplan which is anticipated to be completed in early 2020.
1:02:06And so that plan is going to guide development priority
1:02:10projects as well as financing.
1:02:13Okay so this is a special fund not the general fund.
1:02:15Correct.
1:02:16Thank you.
1:02:17Okay.
1:02:18Does anyone else have any questions.
1:02:20Well I'm aware of that area and I've gotten many calls
1:02:26the last couple of years regarding that So I
1:02:29am supporting this and no that that area is
1:02:34known as a landslide area.
1:02:36And there there are a lot of things
1:02:38going on there and but one of my friends that I grew up with.
1:02:45There her mother has to deal with climbing over and
1:02:50and hurt her car drags to get in their driveway
1:02:54so yeah I appreciate the staff looking into this.
1:02:58And they were.
1:03:00Can you look through that very thoroughly and I
1:03:02very much appreciate that and I know the folks on Hancock way
1:03:06and the surrounding areas appreciate all the work
1:03:09that you're doing on this.
1:03:11So again thank you.
1:03:13I just had there's a second part of this project
1:03:18correct that you're waiting until next year
1:03:20to get bids Can you describe that loan correct in order
1:03:25to allow flexibility of awarding construction contract
1:03:28depending on the prices that were bid.
1:03:30We separated out the project to a base contract
1:03:33an additive alternate bid for the third site which
1:03:38is on Arlington and Arlington site
1:03:41is just that we've implemented an interim repair
1:03:46that's holding up pretty well.
1:03:47So it's not as urgent as the other two
1:03:50the bid prices for the base contract
1:03:52came in very close to the engineer's estimate
1:03:54the bid prices for the ADD alternate were extremely high.
1:03:57And so they weren't reasonable.
1:04:00And so we have decided to bid that project separately
1:04:04distinct in terms of the type of work that's needed there
1:04:07and more limited in scope and we think
1:04:08we can bid that project out separately and get
1:04:12reasonable bids in the funding for that second additive will
1:04:16be also from the special fund guess
1:04:18it will be from the storm drain fund
1:04:24Any other questions at this time.
1:04:26Is there emotion smooth.
1:04:28There's some great motion by ROD PARDUE Moto seconded by Ableton
1:04:32all those in favour please say I write That
1:04:36concludes our Consent Calendar.
1:04:38Thank you.
1:04:39Presentations.
1:04:40We have none tonight that brings us to Item 6 a
1:04:42which the public hearing proposed East based
1:04:46sanitary garbage and green waste collection
1:04:49and post collection rates and Integrated
1:04:50Waste Management fees.
1:04:52Effective January 1 And I've got I've got a script.
1:04:57So let me see if the mayor announced
1:04:59this item states for the public before we
1:05:02see receive the staff report.
1:05:03I want to clarify the process for this item
1:05:05for members of the public.
1:05:07The staff report provided will cover all proposed fees.
1:05:10However there will be two separate public hearings
1:05:13with the opportunity to speak for on each one.
1:05:16One for the East Bay sanitary rates and a separate one
1:05:20for the Integrated Waste Management fees.
1:05:23If you have already submitted a speaker card for this item
1:05:25please approach the city clerk to indicate which hearing
1:05:28you wish to speak during or if you wish to speak during both
1:05:32or if your comments could be for the first one.
1:05:36If you can finish up in three minutes to speak to both them
1:05:38that's great.
1:05:41Do we have a staff report Good evening Mayor.
1:05:45Council members it's me again.
1:05:47Even the public works director for the city
1:05:50I oversee the city's operations and environmental services
1:05:53division and that division manages the city's recycling
1:05:58programs including curbside and the recycling center and are
1:06:02also manages the contracts with East Bay sanitary our franchise
1:06:07hauler who collects our garbage in green waste
1:06:10and Republic service are the company
1:06:13that our post collection processing
1:06:16and disposal of garbage.
1:06:19Tonight staff is requesting adjustments
1:06:21to all components of our solid waste rates and fees.
1:06:26Given all the changes this year we
1:06:28engaged the services of Garth Shultz R
1:06:31with our three consulting.
1:06:33He's right here next to me.
1:06:35He's advising us on our rate setting process
1:06:37as well as the various state laws
1:06:39that will impact city services the next in the next few years.
1:06:43Garth along with our three consulting I'll
1:06:45sing his praises now have extensive experience
1:06:49in the field of solid waste management and sustainability
1:06:52and they assist numerous municipal clients
1:06:55with solid waste rate setting operations reviews rate
1:06:59analysis and compliance assistance and as many of you
1:07:02know Garth did manage this division several years ago.
1:07:06Also here tonight our mark Pagonis with the East Bay
1:07:09sanitary and operations and Environmental
1:07:12Services division staff.
1:07:13Maria Sanders and Provost they're here
1:07:16to assist me in responding to any of your questions
1:07:19I will not hand it over to Garth to present some more
1:07:23information Thank you for that.
1:07:25And thank you honorable mayor.
1:07:27Council members Lovely to meet some of you and see some of you
1:07:30again.
1:07:33So I want to keep this relatively high level.
1:07:36There is a fair amount of material to cover
1:07:38starting with this slide.
1:07:39It's important to remember that the solid waste
1:07:42rates that residents and businesses pay here
1:07:45in the city of El Cerrito are comprised
Pardue-Okimoto pulled a storm drain contract to ask whether it could wait, and the answer was that it could not.
Her framing: “in light of our recent, more intensified budget discussions, I just wanted to not just quickly pass over large spending items such as this.”
Her question: “the urgency… and how we would be affected if the projects were not done.”
The Public Works Director's answer: three sites “that have settled and caused some pretty significant displacements… there's like localized flooding, so the storm drain structures that failed.”
And the consequence of waiting: “water is coming off the street and into private property.”
The sites are in mapped landslide zones. Asked whether the city would be liable for property damage if it did not fix them, the director said yes.
The work is funded from the restricted storm drain fund, with an estimated balance of about $675,000, built up while a storm drain master plan due in early 2020 was prepared. A third site, on Arlington, was split off for separate bidding because its bids were too high and an interim repair was holding.
A councilmember pulls a storm drain contract off consent to ask whether it could wait. It could not: failed structures in mapped landslide zones were sending street water onto private property, and the city could be liable. The money comes from the restricted storm drain fund.
08 Three components captions 807–1100
1:07:47of three main components.
1:07:49The first component is the component for East Bay
1:07:52sanitary company which covers the collection of garbage
1:07:56and green waste and delivery of those
1:07:59to the post collection facilities
1:08:01within East Bay Sands.
1:08:02Compensation is a separate component for the post
1:08:05collection which you vet mentioned that's covering
1:08:07the end of life disposal or composting of those materials
1:08:12as well as items like the household
1:08:14hazardous waste services the city's membership dues
1:08:17and funding of the West County integrated Waste Management
1:08:21Authority recycle more and elements of compliance
1:08:25with unfunded state mandates such as HB 1826
1:08:29and SB 13 eighty three.
1:08:30A moment to talk about those on later slides.
1:08:33And then there is the third important factor
1:08:36is the Integrated Waste Management fees
1:08:38which are set by the city in which cover
1:08:40the city's costs of operations for the recycling collection
1:08:43programs and the operations of the recycling
1:08:45and environmental resource center and all
1:08:47of the associated impacts and Labor
1:08:50staffing trucks maintenance all of it up at the facility there.
1:08:53So those three main components are the entirety
1:08:56of compensation to each base and for collection
1:09:00to Republican recycle more for the post collection activities
1:09:03and to Integrated Waste Management
1:09:05for the recycling collection.
1:09:07So we'll take each of these in their parts
1:09:09through the presentation.
1:09:11So first with East Bay Sands collection adjustments.
1:09:16This dates back to a 2012 amendment
1:09:19to the franchise agreement which established a new methodology
1:09:22for moving forward with rates compensation
1:09:26to East based san is essentially a stipulated amount
1:09:29on an annual basis and for 2020 that'll be around four point
1:09:33seven million dollars each year.
1:09:36There is a an indexed calculation
1:09:39which helps determine the amount of change
1:09:42to their compensation.
1:09:44It's not cost based so this is really independent of any costs
1:09:47or profits.
1:09:48Thirty space and incurs This is really just
1:09:50an escalation of prior years.
1:09:52Compensation to the company based on these indices
1:09:56and for this year that's a three point seventy two percent
1:09:59increase over last year's compensation.
1:10:02So the rates that are before you this evening are set to fully
1:10:06recover the amount of compensation owed to East base
1:10:09and for their collection services Now
1:10:13the Post collection element is essentially
1:10:15a pass through to East Bay San It goes to Republic Services
1:10:20and is a set at a per ton rate per ton amount
1:10:25and that per ton amount is calculated pursuant to the post
1:10:29collection agreement that the city holds with Republic's
1:10:31services and within that per ton there
1:10:34is a number of factors one of them being just compensation
1:10:37to Republic for the disposal of the solid waste
1:10:40which is deposited in West County transferred
1:10:43over to central county.
1:10:44Keller Canyon and then buried in ground
1:10:47but it also covers green waste composting
1:10:49on top of the old closed landfill in Richmond.
1:10:52The provision of household hazardous waste services
1:10:54and the like There are other elements some of them
1:10:57set by the West County Integrated Waste Management
1:11:00Board on which you sit.
1:11:01Mr. Mayor.
1:11:03That includes compensation to recycle
1:11:06more for its operational expenses
1:11:09and new elements this year.
1:11:11Separately set in order to generate funds for comply
1:11:15on a regional West County Integrated Waste
1:11:17Management Authority scale.
1:11:19And for the city and these are under two important state laws
1:11:2218 26 and SB 13 23 which are largely geared
1:11:27to reduce the amount of organic waste materials going
1:11:29to landfill both because that's preserving landfill space
1:11:33and good for the environment.
1:11:34But really this is a greenhouse gas emissions reduction driver
1:11:39and I have a slide on that in the moment.
1:11:41So the proposed 2020 customer rates that the Post collection
1:11:43rates are set to achieve recovery of one hundred
1:11:48and fourteen dollars and thirty five cents per ton
1:11:50over the projected tonnage around 12000
1:11:53for the coming year.
1:11:53That's twelve thousand times combined of garbage
1:11:56and green waste altogether Recycling
1:11:58goes to a different place and isn't covered within that so
1:12:03for the East Bay sanitary collection which
1:12:07is the far left column just to the right of the garbage
1:12:09container size and post collection you can see
1:12:12the results of the rate calculation
1:12:14here again these are set to achieve the prior figures
1:12:17that we noted you can see that the collection total So
1:12:21for example the 20 gallon cart between those two elements
1:12:25around twenty five dollars a month.
1:12:26Last year's total around 24 and you can see the monthly change
1:12:30in the far right column for twenty and thirty
1:12:32five gallon residential customers which is ninety five
1:12:35plus percent of residential rate payers here in the city.
1:12:39It's a monthly change of between about a buck fifty
1:12:42and in nearly three dollars a month for just the east bay
1:12:46San components.
1:12:48Now the third component is the Integrated
1:12:50Waste Management Fee.
1:12:51This is the compensation to cover the operations
1:12:55of the recycling collection which now includes
1:12:58significant amounts of processing and marketing
1:13:01of recycled materials and the operations at the center.
1:13:05It's important to note here the unfunded mandates do continue
1:13:09to grow and accelerate recycle more has aspects of that
1:13:14that they're responsible for.
1:13:16The city is also bottom line responsible for its compliance
1:13:19with an achievement of state law mandates.
1:13:23Those are listed here.
1:13:24As you've heard over the course of the last year from staff
1:13:27sales from the revenues from the sale of recyclable materials
1:13:32have plummeted.
1:13:32That trend does continue.
1:13:34It has somewhat stabilized but that's not a promise
1:13:36to say it won't worsen over the course
1:13:38of the next several years.
1:13:40But the initial impacts have largely already been felt.
1:13:44But that is driving a need for additional revenue
1:13:48to be able to maintain the current services and programs
1:13:50that are provided here in the city
1:13:53there with the proposed rates.
1:13:56There is an element of paying back
1:13:58the general fund for amounts owed due to prior shortfalls.
1:14:02Those will be paid back in this fiscal year
1:14:04with a smaller made during the next fiscal year.
1:14:06Based on the rates that are proposed before you
1:14:10This is a slide you've actually seen before I didn't
1:14:12update the dates on the bottom.
1:14:13This is just an indicator of how recyclable revenues really
1:14:19have changed over the course of the last couple of years
1:14:23mixed paper remains and I think in this chart
1:14:25it went from around one hundred dollars a ton
1:14:27down to five or zero as of last week.
1:14:30One of my marketing contacts was saying it's stabilizing at
1:14:33around negative fifteen dollars a tonne meaning that they're
1:14:36paying out shelling out fifteen dollars a tonne just to be
1:14:39able to get mix paper into the marketplace
1:14:42and that's true of cardboard and many other commodities
1:14:45while materials do continue to move to international markets.
1:14:49The lower grade plastics papers certainly
1:14:52aren't finding homes for end of life products
1:14:57The most recyclable elements being the good quality papers
1:15:01cans and bottles fibers and the like due
1:15:03to continue to get recycled.
1:15:05But without the revenue that used to previously be enjoyed
1:15:08and offset the rates that rate payers
1:15:10would pay on unfunded mandates.
1:15:14This is just a bit of an initial preview of coming attractions
1:15:18This is a slide developed by the state which indicates
1:15:21that the short time frame and key milestones for achievement
1:15:26of compliance with SB 13 83.
1:15:30You can see late 2019 it says regulations
1:15:33adopted that that path has been stretched out a little bit.
1:15:38The state is now saying probably March or April
1:15:40they'll finalize the regulations for SB 13 83.
1:15:43We can see between 2020 and 2025.
1:15:45There's a number of milestones to hit.
1:15:47One of the services that we're helping Yvette and her team
1:15:50with are to plan for the city's actions
1:15:53that you would need to take in order to achieve SB thirteen
1:15:56eighty three's intentions.
1:15:58Some of those are changes to your solid waste ordinance.
1:16:02Some of them are procurement policies.
1:16:03There's a number of actions that need
1:16:04to be taken over the course of time
1:16:06and again unfunded by the state and needing repair revenues
1:16:10in order to fund those activities.
1:16:14This is where your Integrated Waste Management
1:16:17fees for 2020 proposed.
1:16:19How they compare to the ones that were adopted
1:16:21by the Council in July which was a rare mid-year adjustment
1:16:25in order to generate revenues to offset the increased cost
1:16:28recyclables processing and you can see the monthly change
1:16:31on the right hand side for 95 percent
1:16:33of residential customers that'll be between four and a half
1:16:36and five dollars a month putting everything all together now.
1:16:40This gives you the snapshot of the total ratepayer monthly
1:16:45amounts for collection posts collection and the Integrated
1:16:48Waste Management fees.
1:16:50The total for 2020 the change over
1:16:52the rates that were adopted in July
1:16:55and the weekly change which is important in that there's three
1:16:59trucks that come by every home and residents and business
1:17:01every week and every go.
1:17:05And this is really what it looks like in terms of weekly costs
1:17:09to your thirty two twenty and thirty five
1:17:12gallon residential customers.
1:17:14So the range is here between those two different sizes
1:17:19This is a slide I've been sharing with communities up
1:17:21and down the state for the last few months
1:17:24You have larger than normal rate increases before you
1:17:27but you are not alone in this.
1:17:29The market conditions with the recyclables crisis
1:17:33due to the Chinese national soared the pressure
1:17:36cooker of SB 83 unfunded state compliance and increasing
1:17:40amounts of waste generation really are driving
1:17:42up rates on a state wide scale.
1:17:45I'll call out just a couple of notable items to the left Los
1:17:50Altos and Los Altos Hills each of those entities
1:17:52through negotiated or competitive
1:17:55procurement processes are seeing 9 percent increases per year
1:17:58over the course of the next five years.
1:18:01Folsom is going to have 15 percent
1:18:02per year for five years.
1:18:04Castro Valley went up 15 percent after a competitive procurement
1:18:08San Ramon went up 30 percent after a competitive procurement
1:18:12and I was in Santa Clara last week presenting to the city
1:18:14council and they're facing for achievement of state compliance
1:18:18with SB thirteen eighty three on the order of a of fifty 57
1:18:21percent increase next year to the residential rates
1:18:26that's a lot to plan for.
1:18:28And I did want to give you a bit of a preview
1:18:29of coming attractions in 2020.
1:18:32One is that both the city and recycle more
1:18:34will be on a pathway to to plan for compliance with SB 13
1:18:3883 our firm conducted a performance review of East Bay
1:18:42sanitary last year and we'll be making ready
1:18:45with reporting of the results and identification
1:18:47of next steps coming up in 2020.
1:18:50There's a number of other key milestones
1:18:52on the city's horizon.
1:18:54SB thirteen eighty three have hit that one to the ground.
1:18:58Long term recyclables processing solutions
1:19:00really are needed in order to solidify
1:19:03and stabilize where those costs are going to go in the future.
1:19:06Right now you're in a short term contract arrangement
1:19:09and then finally your two primary contracts with East Bay
1:19:12San and with Republic for post collection services
1:19:15expire in 2020 five really meaning that the city needs
1:19:18to make some key policy decisions around long term
1:19:22contracting and compliance in this coming 2020 year
1:19:26with that I'll pass it back to event
1:19:35to conclude the proposed 2020 East Bay sanitary rates and IWM
1:19:39fees will continue to support the city's
1:19:42comprehensive solid waste services
1:19:44despite other challenges.
1:19:45Also retail continues to provide high quality recycling
1:19:48and waste diversion services to our residents and businesses
1:19:52For example staff has been working hard
1:19:55to identify vendors to maintain and negotiate contracts
1:19:58for such materials as electronics household reuse
1:20:03items mix paper and cardboard.
1:20:05As all those prices change and we continue to do that
1:20:10so that we can provide those array
1:20:13of services to Elsa reader residents
1:20:15at the recycling center.
1:20:18We also produced as council member I think I mentioned
1:20:23earlier we produced a new recycling brochure that's being
1:20:26distributed with news and views and newsletter to help
1:20:29our residents understand all the changes that are coming both
1:20:33that curbside that have actually been implemented now
1:20:36at the curbside program and at their recycling center
1:20:40and that pressure is also available online
1:20:44In addition city staff has continued to prioritize
1:20:47reducing problematic waste in part
1:20:50by moving forward with the development of an expanded food
1:20:53ordinance that may prohibit the use of single use plastic food
1:20:56where and Eldorado our plan is to start the public outreach
1:21:00and meeting with stakeholders in early 2020.
1:21:06In addition staff has been focused as Garth has mentioned
1:21:10on meeting current and upcoming statewide diversion
1:21:13requirements which are very aggressive
1:21:15and aimed to reduce a significant amount of waste
1:21:18in our stream for the remainder of fiscal year 2019 20.
1:21:23We have increased the Professional Services budget
1:21:25by about thirty five thousand dollars per consultant costs
1:21:29related to the food waste ordinance
1:21:30as well as planning for SB 13 eighty
1:21:34Also we have made adjustments to our staffing to change our part
1:21:38time administrative position to a full time management
1:21:42assistant to help us with these increasing state
1:21:46mandates and additional programs such as the Expanded
1:21:50Food report ordinance.
1:21:54This is in addition to our current waste prevention
1:21:56specialist position city staff has estimated
1:22:01that the IWM revenue increase.
1:22:04In summary is needed to maintain existing programs overcome
1:22:07continued declines in the recycling revenues
1:22:11and you recite our recycling cost
1:22:14as well as largely reverse the prior year
1:22:16negative unrestricted fund balance The we estimate
1:22:21the unrestricted fund balance ending June 30
1:22:262019 is about 212 thousand dollars.
1:22:30This includes an estimated amount
1:22:32due to the general fund of about five hundred thousand dollars.
1:22:37The IWM revenue increase is designed to repay a large part
The garbage rate hearing explained what a resident's bill actually pays for.
The three parts: first, the franchisee's collection of garbage and green waste; second, post-collection — disposal, composting, household hazardous waste, regional authority dues and “unfunded state mandates such as AB 1826 and SB 1383”; third, the city's own integrated waste management fee for the recycling operation.
East Bay Sanitary's compensation, about $4.7 million for 2020, is set by an index in the 2012 franchise amendment, up 3.72 percent, and is not cost based. The post-collection rate recovers $114.35 a ton over about 12,000 tons.
The collection component: a 20-gallon cart “around twenty five dollars a month,” up from about 24.
For the 20- and 35-gallon customers — “ninety five plus percent of residential rate payers” — “a monthly change of between about a buck fifty and nearly three dollars a month” for the collection element alone.
The city's integrated waste management fee would rise between $4.50 and $5 a month for 95 percent of residential customers. Mixed paper had fallen from about $100 a ton to below zero. The consultant said other cities faced similar increases, from 9 percent a year in Los Altos to about 57 percent next year in Santa Clara, and that El Cerrito's was about 16 percent. Both main contracts expire in 2025.
The recycling component had its own pressure: “the initial impacts” of collapsing recycling markets “have largely already been felt,” driving “a need for additional revenue to be able to maintain the current services.”
And a repayment: “there is an element of paying back the general fund for amounts owed due to prior shortfalls.”
The amount due to the general fund, about $500,000, was largely the result of capital asset accounting for the first generation of trucks; it would be mostly repaid this fiscal year and the rest the next.
A garbage bill has three components: East Bay Sanitary's collection, post-collection disposal and regional programs, and the city's integrated waste management fee. The recycling fee includes repaying the general fund about $500,000 “for amounts owed due to prior shortfalls,” which staff traced largely to accounting for the first trucks.
09 Plastic that costs money to throw away captions 1101–1400
1:22:40of this by the end of fiscal year 1920
1:22:44and the remainder in the following fiscal year
1:22:47the amount due to the general fund
1:22:49was largely the result of adjustments related to capital
1:22:51asset and liability accounting.
1:22:54The principal and interest payments
1:22:55for facilities and equipment were tracked differently
1:22:58in the cities accounting system versus the comprehensive Annual
1:23:01Financial Report.
1:23:03Finally as mentioned in the agenda Bill staff
1:23:06anticipates the recent rate increases to abate in calendar
1:23:10year 2021 as we pay back the general fund
1:23:14and also retire prior prior principal and interest
1:23:20payments for our first generation of trucks This will
1:23:25allow us to build our jet our IWM fund reserves coming
1:23:30into 2020 1 and will allow us to plan for the resources needed
1:23:34to implement SBA thirteen eighty three
1:23:37and other waste reduction programs that are identified
1:23:40by council as part of the fiscal year
1:23:422021 budget That concludes our presentation
1:23:45and we're available to answer your questions before
1:23:48the public hearing or after.
1:23:50Right.
1:23:51Council Murray Wilson Jones member fidelity any questions.
1:23:57Yes just a couple I'm assuming we can get copies of the slide
1:24:01presentation yes they'll be provided as
1:24:03supplemental material tomorrow.
1:24:04That's great.
1:24:05And that the slide with all the other communities listed
1:24:12do we have elsewhere that's not on there
1:24:14what is our percentage.
1:24:15Is there for this rate year it amounts to about 16 percent
1:24:20to 16 percent.
1:24:21Okay.
1:24:22So right in the middle variable.
1:24:24Okay So we do have and I'm glad you mentioned thirteen eighty
1:24:30three and the planning ahead that's gonna
1:24:32be taking place any event.
1:24:35I'm glad you mentioned the plastics issue here
1:24:38and the potential probable hopeful food
1:24:41where ordinance that may be coming to us for review
1:24:44sometime in the near future in the context developing rates we
1:24:49had mentioned.
1:24:50I know Greg did and others about on the last time
1:24:53you came to us about increasing the amount
1:24:57that you're proposing to anticipate that effort as well.
1:25:03Is there a problem with doing that before city
1:25:06council acts on that proposal.
1:25:10So we are increasing the budget for our professional services
1:25:15by about thirty five thousand dollars
1:25:17to help us with both the implementation
1:25:20of the development and the implementation of the footwear
1:25:24ordinance as well as with the SB 13 83 planning efforts
1:25:28and that the revenue increase that you
1:25:32the proposed revenue increase would
1:25:34cover that budget increase.
1:25:36But you wouldn't approve that budget increase
1:25:38until the mid-year budget adjustment comes
1:25:40to you as part of the overall citywide budget
1:25:43and probably March 2020.
1:25:46So you don't say that in the staff report.
1:25:49I did not specifically include that in the staff report
1:25:52but we do mention that it includes.
1:25:55It does include the resources necessary to implement state
1:25:59mandates and and our base reduction programs
1:26:02and could work to our potential food where efforts in our city.
1:26:07Yes that revenue.
1:26:08Okay.
1:26:10And I know this isn't an easy question
1:26:12to ask but in the context of what our mayor just opened
1:26:16this meeting with in our efforts to cut back on costs you know
1:26:21this isn't easy to pass this on to our customers
1:26:23but it is the nature of the situation and the nation
1:26:27and in the state.
1:26:29Our famous recycling center.
1:26:33Have you looked at ways and will you look at ways
1:26:37to cut back on costs there.
1:26:40With a closing on a Monday be problematic.
1:26:45Would it save money.
1:26:46Is that it a place that we can discuss options.
1:26:53Marius Anders can you please help me into this question.
1:26:56Thank you Rio Sanders operations and Environmental Services
1:27:01Manager Yeah we've been tossing around some ideas
1:27:04and the issue we're thinking of you
1:27:09know shorter hours in the day but that
1:27:11actually doesn't really save a shift unfortunately.
1:27:15So there wouldn't be any substantial savings there.
1:27:19We were also I mean closing down a day is something that
1:27:25is could be very problematic just because there's
1:27:29so much illegal dumping that goes with any day
1:27:32that we're closed.
1:27:33People all over the Bay Area are used
1:27:37to us being open 70 hours a week and if we
1:27:41change that there's a lot of illegal dumping
1:27:45and a lot of backlash.
1:27:47It's not to say that it won't save money.
1:27:49It's just to say that we would have a lot of other problems
1:27:53away all the.
1:27:54Yes with that.
1:27:57And usually we just have to write it out
1:27:59after a while people get used to it.
1:28:01But we usually takes like you know
1:28:03six months or something to in addition to every other agency
1:28:06that we have here.
1:28:08Department we'll be considering options in the course variables
1:28:12and I was just going to say if we're thinking
1:28:14about the general fund budget issue this is
1:28:19not part of the general fund.
1:28:21This is a an enterprise fund and that means it's separate
1:28:27and is supposed to be kept separate
1:28:30and it has its own income and expenses
1:28:34but they don't you know was asking outside the context
1:28:38of this fund I would I was asking
1:28:41in addition to the separate fund what are we doing
1:28:44and what issues might happen as far as recycling since this is
1:28:47the topic but what I I'm just pointing out that given
1:28:53that conversation that just went on
1:28:56and it wasn't a conversation the statement made
1:28:59by the mayor about that was I think
1:29:03really about the general fund.
1:29:05This is actually a different fund.
1:29:07I just wanted to point that I mean
1:29:09there's no further conversation necessary
1:29:12but it is a separate fund.
1:29:15Thank you.
1:29:16Did you finish your question.
1:29:17I'm done.
1:29:17Thank you council member Wilson do you have questions.
1:29:22No I actually got a lot of answers ahead of time.
1:29:27Excellent.
1:29:28Council member until Mayor I'm looking at the rates right now
1:29:37and I'm looking at the 20 gallon cart cart rate
1:29:44it looks like you're looking at the first resolution
1:29:46when that's under consideration.
1:29:48Yeah okay Yeah.
1:29:49Looking at that and looking at the post collection rate
1:29:53that's about five dollars more.
1:29:55Is that correct.
1:30:00That's the total the total fee for 2020.
1:30:03Okay.
1:30:04That changes the column on the right side.
1:30:07Okay.
1:30:08On the presentation if you look at the presentation
1:30:11the monthly changes up here is the final column
1:30:14in the resolution.
1:30:15It's just the first two columns it's the UBS collection rate
1:30:19and the Post collection rate.
1:30:21Okay and looking at the rates on disposing
1:30:27of hazardous waste how much of how much of that has that
1:30:32gone up this past year.
1:30:36Hazardous waste disposal.
1:30:37That's not separately tracked for this city
1:30:40because that's a part of the recycle more budget it's
1:30:43essentially allocated amongst the various recycle
1:30:46more member agencies based on on solid waste tonnage collected.
1:30:50So it's it's a somewhat decoupled from actual usage
1:30:53of the household hazardous waste facility.
1:30:55So I don't have details on participation
1:30:59at this point in time.
1:31:01And that figure is really again really
1:31:04based on the post collection blended
1:31:07per ton rate calculation which has
1:31:09a variety of elements in it.
1:31:10In addition to the household hazardous waste
1:31:12component so that that element is increasing above prior years
1:31:17for a couple of reasons.
1:31:19One of them is a change in the recycle more budget
1:31:22in order to fund the state compliance activities
1:31:26and actions another component of it
1:31:28is just related to the compensation
1:31:30to Republic which escalated by CPI
1:31:33and yet another is a transition in the way
1:31:36the city's handling payment of the recycle more costs.
1:31:39So there's a variety of activities under that it's not
1:31:42just household hazardous work and I know our recycling center
1:31:45is one of the few centers that accept Styrofoam
1:31:49and I know a lot of the other recycling places
1:31:51do not accept Styrofoam.
1:31:53How much of a burden is that and accepting started from Yeah
1:32:00we're happy to do it and and to actually
1:32:02reduce yourself through please introduce yourself.
1:32:05Sorry well protest action operations
1:32:07and environmental services division manager.
1:32:10So yes Styrofoam.
1:32:11It's a great service.
1:32:12We're happy to offer to members of our community.
1:32:15It does take staff time and we have
1:32:18a compacting machine that a lot of not a lot of facilities
1:32:21have.
1:32:22And that it's an old compactor that requires maintenance
1:32:26and upkeep So I won't say it's easy to provide that service
1:32:30and so it does require some cost we've
1:32:32been able to offer it free for El Sarita residents
1:32:35while charging 75 cents per pound.
1:32:38Just a small fee to community members that don't Alfredo.
1:32:42So we're able to provide that service while recovering some
1:32:45of the cost and I know we have folks
1:32:48from other surrounding cities and outside the county
1:32:52that they come to.
1:32:52Elsa read out to you.
1:32:55But use our facilities are we still letting residents
1:32:59that that live outside Sarita.
1:33:01Are they getting charged to dispose of their recyclables by
1:33:06and large they can use most services at the facility.
1:33:09There are just a few services where we charge just cost
1:33:12recovery for things like Styrofoam pharmaceuticals
1:33:15that's a dollar.
1:33:16If you're out of the service area.
1:33:18Okay Very good.
1:33:19Thank you.
1:33:20And you know as a member of the Sierra Club
1:33:22and also as a member Environmental Committee
1:33:25of the League of Cities I spoke to Senator Allen
1:33:28this past weekend and know that he has asked the league
1:33:33cities and the Sierra Club to work with him
1:33:35to make sure we get those recycling bills passed SB 54.
1:33:39That's Senator Allen's Bill and maybe 10 80.
1:33:44I think that's simply member Carlos Bill sir.
1:33:48But the League of Cities and we all
1:33:51supported that Bill and we're not we're
1:33:53not sure why it didn't pass and it didn't
1:33:55go through a committee but now that I will make sure that it
1:34:00passes this time around so.
1:34:03I did ask our Rep.
1:34:04Sam Cagle why it was members of central county
1:34:09that didn't support it and I've been trying to figure out
1:34:11why they did not support it.
1:34:13But I think most folks in the Bay Area did support it.
1:34:19It was mostly a north south thing.
1:34:22So we're going to do what we can to get some brewers resolutions
1:34:27out so cities Canada sign on to that
1:34:30and support the council member Perdue.
1:34:36The questions about the food where excuse me
1:34:39and the the food where that could potentially
1:34:43come under an ordinance plastics in particular
1:34:46are those plastics food where that we're seeing now
1:34:51is that something that is difficult to get rid of
1:34:54is something that we're paying to get
1:34:56rid of at this point yeah.
1:34:58So the those are hard to recycle materials already given
1:35:03the market conditions and especially they're often
1:35:06contaminated so single use plastic takeout food
1:35:09where often had is food soiled and making it harder to market
1:35:14and harder to recycle.
1:35:15And so therefore it's problematic
1:35:17not just from a litter standpoint or pollution
1:35:19standpoint but in terms of contaminating
1:35:21our recycling stream So this would help
1:35:23address those goals as well.
1:35:25That's very good to know because I I was thinking
1:35:27of the plastic food where's in terms
1:35:29of its environmental impact but plastic
1:35:33is you know not something that we want to keep producing
1:35:35in such large quantities it's hard to recycle
1:35:38but it's also basically costing the city money to get rid of.
1:35:41So that would be another reason just to to not have it anymore.
1:35:45So thank you very much.
1:35:48That's all my questions.
1:35:49Great.
1:35:51And I am quickly looking to see what the status of plastic film
1:35:55is.
1:35:56What's their status of recycling plastic film
1:35:58I know we can't do it at the recycling center but can
1:36:00we do it curbside still.
1:36:02Not anymore.
1:36:02But we do still accept rigid hard plastics
1:36:05curbside which we don't accept at the center right.
1:36:08Thank you.
1:36:11And then Mr. Garth it's nice to see
1:36:17you again thank you for coming back
1:36:21at least on a part time basis.
1:36:24On yours.
1:36:24SB thirteen eighty three slide the timeline that the state
1:36:28produced that there is a was at orange brown whatever
1:36:32that boxes and January 1 2024.
1:36:36Can you speak to that box.
1:36:38Yes.
1:36:39So with this is referencing that under SB 13 83 every city
1:36:46county town special district that handles solid waste rate
1:36:51compliance solid waste diversion compliance in the state
1:36:55will be required to pass ordinances requiring
1:36:58mandatory subscription to organics collection
1:37:01service for all organic waste generators.
1:37:04So you're you're required to have an ordinance that
1:37:06has mandatory provisions with enforceable penalties
1:37:10and by January 1 2024 the state will expect you to start
1:37:14enforcement of those penalties.
1:37:17And if you don't the state will enforce against you
1:37:20so if I read this correctly we will have to take on some
1:37:25of the enforcement action we'll have to have staff that does
1:37:27the enforcement at some point.
1:37:29This is an increased cost to us.
1:37:31Absolutely.
1:37:33OK.
1:37:35The other thing I want I just add to that too.
1:37:36We'll also be looking whether or not EPA sanitary can provide
1:37:39those services on behalf of the city
1:37:42so we'll be looking but the best approach would be okay.
1:37:47Also on this slide I want to point out
1:37:49the 20 percent increase in edible food recovery
Questions turned to what the recycling operation can still accept.
Fadelli asked about planning ahead for the foodware ordinance. The staffing addition: about $35,000 to implement the foodware ordinance and SB 1383 planning, covered by the proposed revenue.
A councilmember noted it was not spelled out: “you don't say that in the staff report.”
The foodware ordinance arrives on 2 November 2021 (2 Nov 2021).
Her reasoning on plastic foodware: it is bad for the environment “but it's also basically costing the city money to get rid of. So that would be another reason just to not have it anymore.”
Fadelli asked whether closing the recycling center one day a week would save money. Staff said shorter hours would not save a shift, and closing a day would bring illegal dumping from people “used to us being open 70 hours a week.” A councilmember noted the recycling operation is an enterprise fund, separate from the general fund.
On plastic film: no longer accepted curbside, and not at the recycling center; rigid plastics are accepted curbside but not at the center.
A new brochure explaining the changes had gone out with the newsletter.
Quinto asked about hazardous waste costs and Styrofoam; the center takes Styrofoam free from residents and charges others 75 cents a pound. He reported that Senator Allen had asked the League of Cities and the Sierra Club to help pass SB 54 and AB 1080. Under SB 1383, cities must adopt mandatory organics ordinances and begin enforcing penalties by 1 January 2024, which the Mayor noted would be a new cost.
Plastic foodware is bad for the environment “but it's also basically costing the city money to get rid of,” because soiled takeout containers contaminate the recycling stream. The foodware ordinance it anticipates arrives on 2 November 2021 (2 Nov 2021).
10 “Child's play” captions 1401–1747
1:37:51by January 1 of 20 25.
1:37:55And what this is is that establishments that create food
1:38:00would need to find a way to serve it again effectively
1:38:10So if if you're at a restaurant and there is surplus food that
1:38:15didn't serve they have to find a way to serve
1:38:19that food if you're at a banquet and in the caterer doesn't has
1:38:24leftovers they have to find a way to serve that food.
1:38:28And of course with food safety there
1:38:30this becomes a burden on storage.
1:38:34So you have to find a way to either keep it at one hundred
1:38:37and sixty degrees to keep sterile or drop it
1:38:40to 40 degrees or colder to keep to stay
1:38:44out of the bacteria zone.
1:38:46And so it's a cold storage or hot storage
1:38:50is going to become quite a challenge.
1:38:53And has nothing to do with solid waste
1:38:56but it is a solid waste function that this city will
1:39:00have to put in our solid waste requirements.
1:39:04We will take on the food delivery business
1:39:08so just just to highlight that aspect on a question
1:39:15about that topic I have read some about it
1:39:20but what I was wondering and maybe there's somebody here
1:39:23who can answer that question.
1:39:27I can see why it's pretty hard to serve food
1:39:31a second time when you don't really know how long it's been
1:39:36out at room temperature or whatever
1:39:39but it seems like animals in some cases are able to eat it
1:39:45and is that of a possible way to use the food.
1:39:55We know Yeah I can I can answer that.
1:39:58Yeah there are opportunities to feed animals
1:40:02with food scraps in this way.
1:40:05What I'm not clear on and I'd have
1:40:06to check in with my staff around is for the edible food
1:40:10requirement.
1:40:10If animal feed is the if the state is seeing
1:40:16that as a potentially compliant Avenue the way I understand it
1:40:19this is really about getting food back
1:40:21into human consumption and removing
1:40:25the amount of edible food that is otherwise
1:40:27disposed of to landfills.
1:40:29So I think the answer is yes absolutely
1:40:32there are opportunities there within the Bay Area.
1:40:34There are pretty innovative new pilot technologies that
1:40:37are being deployed and implemented what I'm not
1:40:40sure about is whether the feeding of animals
1:40:43of edible food would comply with the edible food requirement
1:40:46as noted on the slide.
1:40:47Sanders yes.
1:40:49And to clarify only certain tiers of food
1:40:54deliver our food service organizations
1:40:57such as grocery stores and large hotels
1:41:01are targeted at this point in time.
1:41:04So a lot of that is I think that you know obviously
1:41:08things leftovers that come off of somebodies
1:41:11somebodies plate is you know a health violation
1:41:14to try to reserve that.
1:41:15So that wouldn't be that would obviously not be included.
1:41:19It's mainly really geared towards food that just wasn't
1:41:23used or it wasn't served.
1:41:26And getting it to individuals who are food insecure I think
1:41:32cuts by labels as example is Earth Day when we
1:41:34have food that is underserved.
1:41:37You know it's been put out to be served but it wasn't taken
1:41:41and I'd say it's sandwiches there's no good market right.
1:41:46There's no good mechanism or market right now
1:41:49to deliver that to a secondary human use because
1:41:55of the storage issues or how long
1:41:57has it been out room temperature so there's
1:41:59a quite a bit of training.
1:42:02And work that's going to go into this.
1:42:06It is five years away but it's you know five years is gonna
1:42:11go by in a blink an eye and food banks may
1:42:14be a major benefactor.
1:42:15Food banks and also probably there's
1:42:18gonna be a whole infrastructure of organization that help
1:42:23with that routing but that's on the city to make sure that we
1:42:27have access to that infrastructure
1:42:28and create that infrastructure between in our grocery stores
1:42:32and or that can be the good news of this effort right.
1:42:35Yeah.
1:42:36Ask Mr. Fidell this question and second time
1:42:38just to make sure that it's clear in the record
1:42:41a minor standing is for the food where ordinance.
1:42:44You've you have you increase some staff time in the budget
1:42:50and that's time would go towards a thirteen eighty three
1:42:52compliance but it also could be used for the for food ordinance
1:42:56as well I heard you say and you've
1:42:57got a consultant scheduled to help with the food where
1:43:01and presumably those are although we'll have to take
1:43:06a mid-year budget action at a later date
1:43:08if I heard you correctly the funding
1:43:11for the those future budget actions are
1:43:14include is in the action we're taking tonight correct.
1:43:19And to reiterate what Councilman Ray Wilson made so clear
1:43:24This is a a segregated or protected fund
1:43:28in that it's for it's it's paid by people that are recycling
1:43:34and paying their solid waste fees for solid waste
1:43:38and recycling.
1:43:39And at some point food redistribution as I
1:43:43pointed out.
1:43:44So this is a closed fund.
1:43:46Ideally it's a closed fund that the general fund neither
1:43:48supports nor pulls from correct.
1:43:52Good and to answer.
1:43:54Mr. Dean to the customer Cato's question.
1:43:57If the housewares us waste fleet costs
1:44:01went up approximately 7 percent from memory from the action
1:44:04we took at recycle more last month.
1:44:06So it's about a 7 percent increase.
1:44:09So it's it's in that not quite double digit but fairly high
1:44:13increased rate.
1:44:14Thank you.
1:44:15I just wanted to add one thing that I remember when I first
1:44:20got on the city council and they were considering closing
1:44:24the recycling center and so we did a survey
1:44:29to sort of to appease me I think to see what
1:44:34our residents wanted and our residents said they wanted
1:44:38to keep our recycle center open and they were willing to pay
1:44:42money extra money to do that.
1:44:45So I think we have in our city a very supportive population
1:44:50that's quite willing to do what it takes
1:44:53to do the right thing here.
1:44:55So I just want to say that at this point
1:45:01I'm going to open the public hearing on East Bay
1:45:03sanitary rates and ask if there are any members of the public
1:45:07who wish to speak on this item.
1:45:09We do have one speaker signed up to speak and the second one.
1:45:14Okay so we have no speakers on this item right.
1:45:16Can I have a motion to close the public to make sure.
1:45:19Yes.
1:45:20What kind of motion.
1:45:21So close the public hearing that got moved by of seconded
1:45:25by Purdue Okamoto.
1:45:27All those in favor please say I the public hearing is now
1:45:31closed.
1:45:33Are there any additional questions
1:45:34comments at this time seeing not.
1:45:39I'll take I'll take my opportunity to make a comment.
1:45:44In it it echoes what council member gave and just
1:45:46said solid waste is something that's
1:45:51very important to our community and reducing solid waste
1:45:56is something that we really need to focus on.
1:45:59And the you know although it's going to be painful compliance
1:46:04with the thirteen eighty three which is intended to reduce
1:46:07greenhouse gas emissions from waste
1:46:10organic it's going to be very difficult.
1:46:14The comment that was made by one consultants that recycle more
1:46:19is that I I came to California during the implementation of HB
1:46:25939 which is a reduction of solid waste
1:46:32and they said that this is going to make that look like Child's
1:46:36Play in the cost and cost an effort to implement
1:46:40and I can tell you that in nineteen eighty nine
1:46:46maybe nine thirty nine was very expensive and very difficult
1:46:51and the comment is that this is going to make that look easy.
1:46:57So to get a head start on funding positions that
1:47:03will begin to we still have that chart up that will begin
1:47:08to address these milestone ones that are as part
1:47:11of this legislation is important and I believe
1:47:15that it's a it's an important thing
1:47:17that we are considering this.
1:47:19I know it's a large and painful increase
1:47:21but if by doing it today we'll actually have
1:47:24less increase in the future.
1:47:26With that can I have a motion our first
1:47:29of two motions with regards to our matter
1:47:32tonight We have to read title yes.
1:47:39And do we have to read title I do like I do not have to.
1:47:43The legally you're not required to read the title.
1:47:45Excellent.
1:47:46So there is the motion is however
1:47:47I was ready it might be the easiest way to make the motion.
1:47:54If you would like to read it.
1:47:55Okay.
1:47:56Do you also read the title and resolution of the city council
1:48:00of the city of Elsa Rito establishing
1:48:02maximum allowable rates for the collection
1:48:05processing and disposal of garbage and green waste.
1:48:08Effective January 1st 2020.
1:48:13A move by Purdue Okamoto seconded by Ableton all those
1:48:15in favour please say I oppositions abstentions show
1:48:19that passed unanimously we will now open up our second public
1:48:24hearing and this is for the Integrated Waste
1:48:26management fees and it says I just
1:48:31go straight to public comment.
1:48:33Is there a staff report for this.
1:48:34The staff report was for both public hearing.
1:48:37Okay great.
1:48:37Is are there any public speakers on the Integrated
1:48:42Waste Management Fee We do have one speaker on this one.
1:48:45Howdy Gowdy Good evening Mayor and Council members.
1:48:50My name is how do you go to live in freedom.
1:48:53So I support this great increase it's
1:48:57you know it's never easy or comfortable raising something
1:49:00you know 15 percent alone for the IWM
1:49:04but you know all the reasons that were stated there's
1:49:09no declining revenue increase in costs
1:49:12and these are really important things to get our hands around.
1:49:19When we were here a few months ago for the interim rate
1:49:23setting a number of Public Speakers encouraged actually
1:49:30increasing the IWM fee with the idea of funding you know really
1:49:40substantive programs to reduce our solid waste generation
1:49:45and you know as much as it's been increased already
1:49:50I feel like the majority that is just dealing with the you know
1:49:55the blood loss so to speak and not really as forward thinking
1:50:00as as we need to be to tackle the future reality
1:50:05of this problem.
1:50:07So I just want to reiterate the encouragement to and to really
1:50:12you know double down on on developing
1:50:16programs that are going to actually
1:50:19solve the problem not just.
1:50:22I mean you know there's been a lot of great work done.
1:50:25You know scrambling to deal with you know the realities
1:50:28before us but we want to eventually not just
1:50:32be in the position of you know making
1:50:35the best of a bad situation as as we go along but actually
1:50:39actively you know creating a better future
1:50:42and and I think there needs to be a little bit more proactive
1:50:46vision along those lines and so at least a couple
1:50:49of council members were supporting that
1:50:53a few months ago and asked for it to be part of you
1:50:58know the the rate setting they came back.
1:51:01And while I appreciate the efforts going
1:51:03into the new plastics ordinance and the you know dealing
1:51:08with the organics requirements I feel like there should still
1:51:13be some some more emphasis on that
1:51:16and I hope you know going forward
1:51:18we can make that happen.
1:51:20So thank you.
1:51:21Thank you Any other speakers native speakers
1:51:26seeing seeing none.
1:51:27I will ask for us to close the public hearing.
1:51:32Move by part Okamoto seconded by Ables and all those
1:51:35in favor closing the public hearing please say I
1:51:38opposition during none passes unanimously
1:51:41I'm take the opportunity ask a question.
1:51:47It was covered in your staff report
1:51:49with regard to the Integrated Waste Management Fee.
1:51:50But I want to take it take it to the next level and reaffirm it.
1:51:56We are.
1:51:58You made some comments with regards
1:51:59to the relationship between the general fund and this fund.
1:52:02Can you repeat those comments or statements
1:52:04about the how the fee is being adjusted to reduce
1:52:09the long term loan or said the proposed fee increase will pay
1:52:16back the general fund amount to right
1:52:18now is about five hundred thousand dollars which
1:52:21is estimated at the end of June 20 19
1:52:25and over it will be mostly paid back
1:52:29by the end of this fiscal year.
1:52:31And the remainder will be paid off next fiscal year
1:52:35which is 2020 2021.
1:52:37Right.
1:52:38And so that sort of flow of funds
1:52:40is from the Integrated Waste Management
1:52:42fee to the general fund.
1:52:44Correct.
1:52:44And and that's associated with costs
1:52:47that the general fund had to pay for at some point in past.
1:52:51Right.
1:52:51Because of the capital asset accounting the cable
1:52:55asset around the trucks.
1:52:56That's correct.
1:52:57The original set of tracks.
1:52:59Yes So if I could follow up on that.
1:53:03This is my understanding or correct me if I'm not correct
1:53:08that once that's paid off then with if we keep the money still
1:53:13here then that money can be used to look forward to vehicle
1:53:18purchases and it might be used for such things for example
1:53:23as electric vehicles or I collection
1:53:29of our recycling trucks.
1:53:32Right potentially are SB 13 eighty three compliance
1:53:36or other Integrated Waste Management programs
1:53:40so that I mean and since is is a different kind of a fund where
1:53:49it has to be sort of isolated from everything else
1:53:55then that would be a way that we could take help to take care
1:53:58of the responsibilities that we're going to see
1:54:01with the legislation that's coming out which
1:54:04is you know good legislation intended
1:54:07to protect the environment.
1:54:09And so anyway it's all connected in that way.
1:54:15I just wanted to point that out.
1:54:17Thank you.
1:54:18And another call that I'll make is
1:54:20and I made this at recycling more
1:54:22and I may have made it here.
1:54:24One of the things that we need to do over the next couple
1:54:27years is find re reestablish our local industry to utilize
1:54:32some of our waste stream.
1:54:35And so whether it's you know this retailer doesn't have
1:54:39a lot of industrial zoning.
1:54:42We don't have necessarily a lot of opportunities to subsidize
1:54:46a local a truly local business to potentially utilize some
1:54:51of our diverted waste stream but potentially as a council
1:54:56member Able Seaman is talking about there is a way
1:54:59to do grant funding or some other type of funding
1:55:03to to promote research and and ideas
1:55:08on how to utilize the waste stream we are generating.
1:55:13So I lose sight of the fact that we
1:55:16do need to over time figure out how to use
1:55:19plastic film for example.
1:55:22And we've we've done a really good job of reducing
1:55:24a lot of our solid waste but we've been paying attention
1:55:28to our plastic film and boy it is a lot of plastic film
1:55:31that comes out of our house is probably the bulk of our
1:55:33our solid waste.
1:55:34Ever since we started collecting it and part the reason
1:55:39we were collecting it was it was this concept
1:55:41there was a eco break.
1:55:44I think it was called and essentially it's
1:55:45plastic bottles that get stuffed with plastic bags
1:55:48and then are used to in construction somehow.
1:55:52And it's a project that one of the local schools was doing
1:55:55and we were we collecting our bags for that purpose
1:55:58and that's how we all of a sudden
1:56:00start paying attention to the amount of plastic
1:56:02we were generating.
1:56:03And if there was a way for that that part of the reason we have
1:56:10such an impressive recycling center is because our people
1:56:13our residents are willing to source separate
1:56:16into high grading.
1:56:17And part of the reason why we still have not a double.
1:56:20Not a huge double digit increases
1:56:22because because the recycling center people who do deliver
1:56:26to the recycling center it is less contaminated than streets
1:56:29to street collected recyclables so is it finding a way for us
1:56:35to reuse some of our materials that we're potentially paying
1:56:39for out of our recycling center where it's fairly well graded
1:56:44where that would be something that would be nice to give
1:56:46to accomplish Mayor may I add the League of Cities
1:56:52the environmental quality POLICY COMMITTEE We did ask Governor
1:56:58Brown when he was governor to use cap and trade funds
1:57:02to create new uses for our recycling especially
1:57:07our plastics and so we will be asking
1:57:10again to Governor Newsome the
1:57:15same thing this January.
1:57:17Great.
1:57:18Thank you.
1:57:20Any other comments.
1:57:21If none.
1:57:22I would love to have a motion I move resolution of the city
1:57:26council the city vowed to veto fixing and setting
1:57:29the Integrated Waste Management fees effective January 1 2020.
1:57:33Second I was moved by FDLE seconded by DOE all those
1:57:39and favorably say I proposed.
1:57:43Let the record show it passed unanimously.
1:57:46Thank you.
1:57:47And that will bring us to item six
SB 1383's cost was described in terms borrowed from the last great waste mandate.
Its food recovery requirement targets “food service organizations such as grocery stores and large hotels,” and concerns food “that just wasn't used or wasn't served” getting “to individuals who are food insecure.”
The Mayor relayed a comment made at the regional authority: having seen the 1989 law implemented, which he said was very expensive and very difficult, he was told SB 1383 “is going to make that look like Child's Play.”
Its cost is later put at about 14 cents a week on a household can (20 Oct 2020).
The argument for acting early: “to get a head start on funding positions that will begin to address these milestones… is important.”
And the trade: “I know it's a large and painful increase, but if by doing it today we'll actually have less increase in the future.”
The regional authority later uses reserves to hold its rates down (1 Dec 2020).
Both rate resolutions were adopted unanimously. Howdy Goudey supported the integrated waste management fee rising about 15 percent, and urged more forward-looking waste reduction programs.
Abelson recalled a survey showing residents willing to pay to keep the recycling center open. Staff confirmed the fee would repay the general fund about $500,000 by the next fiscal year. The Mayor hoped the region would find local uses for its waste stream, such as plastic film, and Quinto said the League of Cities would again ask the governor for cap-and-trade money for new uses of recycled plastics.
Relaying a comment made at the regional authority, the Mayor said SB 1383 “is going to make” the 1989 waste law “look like Child's Play.” He argued that raising rates now to fund positions would mean less increase in the future.
11 Two years later, all over again captions 1748–2000
1:57:49be This is a urgency ordinance to amend our accessory dwelling
1:57:56unit regulations.
1:57:58It's an interim urgency ordinance that requires
1:58:00four fifth of the vote to pass and a public hearing
1:58:05is noticed that noticing.
1:58:07I'm sure you'll tell them noticing
1:58:09went up on December 7th.
1:58:19Good evening.
1:58:21City council members My name's Jeff Ballentine
1:58:23a senior planner with the city.
1:58:25And yeah as you stated that's an I'll be going over
1:58:28says we're doing it at emergency urgency ordinance so
1:58:33just a brief background.
1:58:34So just back in 2017.
1:58:37June 2017 the City Council adopted an update to the 82
1:58:41ordinance in order to comply with a number of state laws
1:58:45and here we are just two years later
1:58:47and the state adopted a whole slew of other laws
1:58:49and we have to do it all over again
1:58:52and they have to be effective as of January 20 20 So
1:58:58just a brief overview it would include repealing and replacing
1:59:01Section 19 that 2 0 1 9 0.
1:59:04And these include all of our provisions for use.
1:59:07It would also add Section 19 that 2 0 8 1 9 5
1:59:11and that would include provisions
1:59:12for junior accessory dwelling units.
1:59:15And it would also include amendments
1:59:16to the residential use classifications
1:59:18terms and definitions as well as off street parking
1:59:21provisions for 80 years.
1:59:23And I want to highlight that just about everything I'll
1:59:26be going over tonight is a requirement from the state
1:59:29and there's only one provision that staff is recommending
1:59:32that's beyond that requirement.
1:59:33And I'll mention that later so for junior eight years.
1:59:40So HB sixty eight requires all local jurisdictions
1:59:44to allow one junior accessory dwelling
1:59:46unit per single family house and what's a junior to you.
1:59:49So it's no more than 500 square feet.
1:59:52It has been contained entirely within the single family house.
1:59:56It includes it can include separate sanitation facilities
2:00:00or can share those with a primary dwelling
2:00:03such as a bathroom.
2:00:05And it also includes what's called an efficiency kitchen.
2:00:08And that's really just the fancy term for cooking facility
2:00:11encounter and cabinets of reasonable size in relation
2:00:16to the size of the generator you see one of the really
2:00:23interesting things and this is from A.B. eighty one
2:00:27and that includes most of the visions for the 80
2:00:28is one of the really interesting things
2:00:31is that it includes these categories of to use and Junior
2:00:33to use where as long as you check these boxes
2:00:37you can go straight to building permit application.
2:00:39So currently right now 80 use all
2:00:41have to go first through planning approval
2:00:43so if you meet these requirements
2:00:44you can go straight to building permits middle.
2:00:47And so for if if you're on a single family dwelling lot
2:00:50It includes one interior Eddie or junior to you that's located
2:00:54entirely within the primary single family house
2:00:57or it's one detached Day to you know more than 800 square feet
2:01:02minimum four foot setbacks from the rear inside
2:01:04and no more than 16 feet tall Now
2:01:07another new thing is now to use can be developed on lots
2:01:10with multi-family dwellings and duplexes and in those cases
2:01:15you can have at least one interior 82
2:01:18and up to 25 percent of the multifamily units on that site.
2:01:24Jeff on this slide you're making it sound
2:01:27like it's under the single family dwelling it's either
2:01:30bullet 1 or bullet 2 but I thought
2:01:32I read that you could do a junior 80 you and a detached.
2:01:36OK that's correct.
2:01:37You could do both bullets right.
2:01:39Thank you and then for multifamily dwelling
2:01:45for the interior to you that would be for space that is not
2:01:48for livable area and then in addition
2:01:50to that you could also do two detached eight to use
2:01:54and again that's both bullet points you could do not either
2:01:57or for floor area current ordinance
2:02:04allows up to 50 percent of the habitable floor
2:02:07area the primary dwelling or twelve hundred
2:02:09square feet whichever is less.
2:02:11The proposed ordinance would now be
2:02:13if it's a studio or one bedroom maybe you you can get up to 850
2:02:16square feet if you have two or more bedrooms it's a thousand
2:02:19square feet and if it's an attached to you it's those
2:02:23above standards or 50 percent of the primary dwelling area
2:02:26whichever is less for setbacks and height requirements
2:02:34current ordinance it's minimum of five to six feet
2:02:37on the side and 15 to 25 five on the rear depending
2:02:40on the zoning district.
2:02:42Now it's going to be four feet on the side in the rear
2:02:44and you can see that's gonna make a big difference.
2:02:48For detached day to use now it's 16 feet tall
2:02:51whereas currently it's 15 feet tall
2:02:53so gives it another foot and then for replacement parking.
2:03:00So currently we do not require any parking for 80 years
2:03:03and that was per city council direction back in 2017.
2:03:07The state allows cities to require parking
2:03:10for very specific types of ideas but our city said no no parking
2:03:14is required for any use.
2:03:16And then the proposed ordinance in addition to that.
2:03:18Now with the city cannot require what's called replacement
2:03:21parking when that's involving A GARAGE CONVERSION
2:03:25so our current practices.
2:03:27If somebody converts their garage to an 80 year then
2:03:29they have to build right that replacement in a driveway.
2:03:31But now we can't require that and then just
2:03:37some miscellaneous items the owner occupancy requirement
2:03:42we can no longer require that up until 2025.
2:03:46So now somebody could rent out those those units however
2:03:49they may be on their lot.
2:03:53For short term rentals for if it's an aide to you
2:03:57specifically included in what I call the automatic approval
2:03:59category the city cannot allow the short
2:04:04term rental of those 30 days or less
2:04:07or otherwise known as Airbnb.
2:04:10However if the city choose to explore allowing Airbnb
2:04:14BS or short term rentals for the other category of years
2:04:17or anything beyond those we could do
2:04:19so but our current ordinance does not allow that
2:04:23and then finally this is the one provision city
2:04:26staff for recommending that is not in the state requirements
2:04:30and this is what's proposed is Windows
2:04:34for 80 years that are less than five feet
2:04:36from a side or rear setback.
2:04:38We're proposing that they be called what's called Claire's
2:04:41story which is they're at least six
2:04:43and a half feet above floor level
2:04:47I'm sorry above finished floor.
2:04:49And what that is there is essentially
2:04:51you can see a lot of these state requirements
2:04:53requiring to allow it is get closer
2:04:56and closer to property lines.
2:04:57This could allow a little more privacy
2:05:00and mitigate privacy impacts requiring those windows be
2:05:04a little taller so as you can see
2:05:10Our ordinance will now get much longer
2:05:12with many many more provisions.
2:05:14And let me go over a little bit of the anticipated schedule.
2:05:17So if you were to adopt by a four fifths vote
2:05:22this interim urgency ordinance become effective immediately
2:05:26for 45 days and in the interim we would continue
2:05:30to work on the permanent ADR ordinance
2:05:32and we would look to bring that to Planning Commission
2:05:34on January 15th of next year.
2:05:36And if they recommend approval to city council
2:05:39we would bring that City Council on February
2:05:414th and if it looks good or based on changes by city
2:05:45council like it's approved then we
2:05:47look at its second reading on February 18th
2:05:49with an effective date of March 19th.
2:05:52And I do want to mention if this does not get approved
2:05:56by a fourth this vote tonight then essentially R ordinance
2:06:01become null and void and it would just default to state
2:06:04standards and that could get a little
2:06:06complicated in certain cases.
2:06:09So I just want to just throw that out there.
2:06:13And with that leave it open to our questions or comments.
2:06:17Great questions.
2:06:18Council member sir um the question
2:06:22I have has to do with my own personal long
2:06:28but is a good example.
2:06:29And that is creeks so if there's a creek
2:06:36on the property Is there an Is there any wording about that.
2:06:44That's a great question.
2:06:45My understanding is those Creek provisions still
2:06:47apply but I would really be interested first guy
2:06:50to elaborate happy to.
2:06:54So the state really just doesn't answer this question.
2:06:58It's not something that the legislators I think
2:07:01contemplated when they were preparing the multiple bills
2:07:05that turn into the new law in the absence of a prohibition
2:07:09by the state.
2:07:09I believe that the city can continue to enforce the creek
2:07:13set back requirements.
2:07:14That said I think that one of the issues that we'll
2:07:16be looking at as we work on the the permanent ordinance
2:07:21is to harmonize the city's current Creek regulations
2:07:25with the new state law.
2:07:27And so one of the things that we might look I believe
2:07:29is if there is an existing structure that's within a creek
2:07:33back could it be demolished replaced with an 80 new what
2:07:39appears to be the intent of state law
2:07:41or should basically the legal nonconforming
2:07:46status of the structure not be allowed to be exacerbated
2:07:48by my replacement with an 80.
2:07:51That's something that I think the state for the moment
2:07:53has left to local jurisdictions to figure out
2:07:56and likewise if there's a structure on the property
2:08:01let's say that's legal nonconforming say
2:08:05at the back of the lot say on the property line
2:08:10like that's my house too.
2:08:12Actually I think that this shed was actually built in 1986
2:08:19but my house wasn't built on that in the 1950s.
2:08:24But it's got to do with the history
2:08:25of what went on in that area.
2:08:28But if you had something like that could you
2:08:31convert something like that to an 80 you.
2:08:35Yeah.
2:08:36So as it relates to the creek Sit Back question.
2:08:40It's a separate issue.
2:08:42OK you're right.
2:08:43So we do have including these is basically as long as you
2:08:47maintain that footprint even if you're demolishing it
2:08:49if you're maintaining that footprint you could maintain
2:08:53that footprint even if it's nonconforming as long as you're
2:08:55not expanding that footprint.
2:08:57But we would look to have a survey
2:08:59to make sure that that structure is indeed fully on the property
2:09:03and not on your neighbors partly on your neighbors property
2:09:07correct.
2:09:09OK.
2:09:10So actions OK.
2:09:11That's that's interesting.
2:09:12So you could actually add features like a it
2:09:21would probably be a junior.
2:09:23So I mean the size would not be that big but the you could
2:09:28actually turn it into a unit that aren't in the footprint
2:09:33that's currently there.
2:09:35Right whether you maintain the existing structure
2:09:37or demolish it but maintain that footprint interesting
2:09:40and just to clarify generate a user.
2:09:42It wouldn't just be a generator you because those are only
2:09:45within primary single family.
2:09:47Oh okay yeah.
2:09:48Now this is this example would not
2:09:50be that that Ed I think it it all speaks I actually
2:09:57like the 80s and I've been hearing people talk
2:10:01about putting the man you know it's pretty exciting to me
2:10:06and so I think what the one thing I have heard
2:10:10about the use of the Eldorado ordinance
2:10:15in doing that is that it's really difficult
2:10:18to get through that process.
2:10:21So I think this will be an improvement.
2:10:26And it's pretty exciting questions and questions.
2:10:31I just wanted a clarification on the parking requirements.
2:10:35I know that we said no additional parking here
2:10:38and Rosarito and what was a second part
2:10:40of that was that was the No No.
2:10:44Garage conversions or things like
2:10:46that was that something that was recommended
2:10:48or is that Estate Regulation.
2:10:50That's a state requirement.
2:10:51OK.
2:10:52Thank you.
2:10:53Yeah.
2:10:56So I saw on the news a lot of other cities
2:10:58are going through the same process
2:10:59that we are in this next few weeks here.
2:11:03So the California government code
2:11:05is what has been will has been changed
2:11:08and will be effective in January I can assume
The accessory dwelling unit ordinance had to be rewritten because the state had changed the rules again.
The history: in June 2017 the Council updated its ordinance “in order to comply with a number of state laws, and here we are just two years later and the state adopted a whole slew of other laws, and we have to do it all over again.”
The deadline: effective “January 2020,” hence an urgency ordinance requiring a four-fifths vote.
Among the changes: one junior unit of up to 500 square feet allowed in every single-family house; units meeting set standards go straight to a building permit; sizes up to 850 or 1,000 square feet; four-foot side and rear setbacks; and 16-foot heights for detached units. Staff's one addition beyond state law was clerestory windows for units within five feet of a property line, for privacy.
What the city could no longer require. Replacement parking: previously, “if somebody converts their garage to an ADU, then they have to build… that replacement” space. “Now we can't require that.”
And owner occupancy: “we can no longer require that up until 2025. So now somebody could rent out those units.”
The city cannot allow short-term rental of units in the automatic-approval category; for others it could, but its ordinance did not.
The stakes of failing the vote were stated plainly: without four votes “our ordinance become[s] null and void and it would just default to state standards, and that could get a little complicated.” If adopted, a permanent ordinance would go to the Planning Commission on 15 January and the Council on 4 February.
Abelson asked about creeks, using her own property as the example: does a creek setback still apply to an ADU?
The city attorney's answer: “the state really just doesn't answer this question. It's not something that the legislators I think contemplated… in the absence of a prohibition by the state, I believe that the city can continue to enforce the creek setback requirements.”
State law removed the city's power to require replacement parking for garage conversions and owner occupancy of ADUs until 2025, two years after the city last rewrote its rules. Where state law is silent, as on creek setbacks, the city attorney believes local rules still apply.
12 What a charter city can refuse captions 2001–2200
2:11:11that our new status as a charter city
2:11:13has no impact on what we can do in the future in this direction
2:11:19that issue hasn't been litigated yet.
2:11:21So if you may recall from the charter city discussion
2:11:24that that basically what is and is not
2:11:28considered a municipal affair is basically
2:11:30decided by the courts.
2:11:31It's this seems like some can assert that a statute applies
2:11:35to charter cities but until that issue is litigated
2:11:38there's no final resolution.
2:11:39So as it is right now as I'm not I
2:11:43don't believe that there is any published
2:11:44case law about data use statutes and and charter cities.
2:11:49So we could have done nothing and said We're a charter
2:11:52and tested that in the New Year.
2:11:55We really cared about a certain aspect
2:11:58of radically possible yes.
2:11:59OK thank you I personally like the concept of the landlord
2:12:04not having to live there I think that opens up
2:12:06a lot of opportunities.
2:12:08And the parking issues as well so we've had good progress
2:12:11in the last couple of years Sean about moving from three four
2:12:14up to twenty two.
2:12:16Do you guys see this especially about moving ahead
2:12:20without a lot of the pre rules really
2:12:23boosting this and also retail.
2:12:25Do you think that initial permit process
2:12:28will trigger additional ideas.
2:12:33Yeah it's I think it's a little early to tell
2:12:36but I think you know in as much as these new state regulations
2:12:40are aimed at encouraging the production of A
2:12:43to use that we would expect to see an uptick like how
2:12:46how large of an uptick that is.
2:12:48I think I think remains to be seen
2:12:50but if it's anything like the scale of of the increase
2:12:54that we saw with the last legislation
2:12:55then I think it'll be considerable
2:12:59and as far as the one new change that you recommend the Clare
2:13:02story was this summer.
2:13:05This is not anything that was urgent.
2:13:07It is just something that you thought
2:13:08should be done and let's do it now
2:13:09since we have the opportunity.
2:13:11Yeah it was it was an opportunity that we
2:13:12saw to look like Jeff said.
2:13:14As you know the state is pushing us
2:13:16to permit a to use that are closer
2:13:19and closer to property lines.
2:13:21That raises the potential for more privacy impacts
2:13:25to adjacent properties.
2:13:26So we just saw this as a you know an easy way
2:13:31to address those concerns in situations where it made sense
2:13:35where you were closer than 5 feet to a property line
2:13:38and have to give a little bit of credit
2:13:41to what we modeled that requirement off
2:13:44of a requirement that the town of Port of Madeira
2:13:48included in their their ordinance.
2:13:50They were one of the first cities
2:13:52to move forward with a new 80 u ordinance
2:13:54and so we saw that and thought it was a good idea.
2:13:57But in the new year when we reconsider the ordinance again
2:14:01there may be other opportunities and changes that might occur.
2:14:04Definitely if if the council has ideas about things that you
2:14:08would like to modify in this ordinance
2:14:11we can look at those in the permanent ordinance
2:14:14and additionally I also just want to mention that we are
2:14:18supposed to send this ordinance to the State
2:14:22Department of Housing and Community Development within I
2:14:25think 30 days of its adoption.
2:14:28So they may review it and have you we've obviously drafted
2:14:32this ordinance based on our understanding of the state law
2:14:35to be compliant.
2:14:36But if the state does have any comments for us
2:14:39we can also address those comments when we come back
2:14:41with the permanent ordinance.
2:14:42Thank you So I don't want to be clear if you're using council
2:14:49member Abel since example if you have a building
2:14:52that's on the property line it's existing that you just get
2:14:57a building permit to start the conversion you don't have to go
2:15:00through any of the other planning department or any
2:15:03of those other ones that's that's correct as long as you
2:15:05meet that automatic approval list you go straight
2:15:08to building permit OK and then I was at the mayor's conference
2:15:13and talking to a representative and I see Mr.
2:15:16Miller getting up to get a speaker card and he might be
2:15:18able to answer this question and the junior
2:15:21aides use that are inside the
2:15:24home would would or would not trigger
2:15:28additional service connection fees stay to mud or to stage.
2:15:34Right so they would not.
2:15:36And that was another piece of the legislation
2:15:38I believe it's any to use I want to say it's 700 square feet
2:15:41or less no longer have to pay those sorts of capacity
2:15:44connection impact fees.
2:15:46Is that true for the detached a to use as well.
2:15:49That is my recollection I would have
2:15:50to double check that I don't I believe that's right but.
2:15:55But basically I think without getting into the details there
2:15:59is a subset of detached ADR use that under the new state law
2:16:03would not be subject to develop and impact
2:16:08fees connection charges and also can tie into existing meter.
2:16:12So it would not require a separate meter either.
2:16:14Got it.
2:16:15So so is subset we're not going to define it tonight.
2:16:18You've got to go home and do your own research.
2:16:20People but a subset of 80 you detached a to use
2:16:24would not trigger some some of the fees that
2:16:29are a tremendous hurdle to booming aid use which would be
2:16:33your water connection fee your sewer connection fee
2:16:35or the impact fees of which we talked about impact fees
2:16:39earlier tonight.
2:16:41Okay.
2:16:42Thank you that's that's the sum of my questions
2:16:43Do we have any public speakers.
2:16:45I think I saw at least two Yeah we
2:16:47need to open the public campaign and look All right.
2:16:50Well since we have public speakers I'll go ahead and open
2:16:52the public hearing at this time the first speaker
2:16:55is Howdy Gabby followed by Al Miller Oh I apologize.
2:17:03Bob Mitchell followed by Alan.
2:17:05Emily So I just want to comment about the clear story
2:17:07requirement which I think is a great addition because it's
2:17:11a way to get a lot more daylight into a space
2:17:14than you would even get from the from a window.
2:17:17But the only thing I guess that you have to take into account
2:17:19is if it's you wouldn't work for a bedroom
2:17:21because you have egress requirements.
2:17:23But but I think the clear story idea would really
2:17:26improve the interior quality of the light
2:17:28in a small unit like that.
2:17:30All right.
2:17:31Thank you next because our Emily again
2:17:39I just wanted to introduce information related
2:17:43to the Steve Sanitary District.
2:17:45We have easements alongside behind a lot of properties.
2:17:49Some of them are 10 feet wide.
2:17:51Some of them are five feet wide 10 feet
2:17:54wide ones centered on a property line
2:17:57would have an easement that's five feet from on each side.
2:18:02No structures can be built there.
2:18:06The five feet ones it would just make it complicated.
2:18:11If we have to replace a line and now
2:18:13these things are only two and a half feet away.
2:18:16The reason I mention it is because tomorrow I
2:18:20will get in touch with our general manager
2:18:22and encourage him to contact who should they contact Anyway I'll
2:18:28learn that generally so shabbily some kind of liaison
2:18:33so that we don't have cross purposes and inadvertently
2:18:39the city doesn't give permission for somebody to build
2:18:42an ADA view on our easement.
2:18:45Thank you.
2:18:47Thank you.
2:18:48Are there any other public speakers seeing none this time
2:18:51I'll entertain a motion to close a public hearing
2:18:54I move by Quito seconded by Pardue Okamoto.
2:18:59All those variables say I opposition seeing none.
2:19:03We'll move on to see if there's any additional comments
2:19:06or questions by the Council seeing none.
2:19:09I'd love to have a motion because I that we adopt
2:19:14an urgency ordinance of the city of El Salvador amending Title
2:19:1719 of the El Cerrito municipal code to amend section nineteen
2:19:23point twenty point 1 9 0 point excuse me comma 90 nineteen
2:19:34point four six point 0 4 0 3 El and nineteen point four seven
2:19:44in nineteen point two four point overall regarding accessory
2:19:51dwelling units and to add section nineteen point twenty
2:19:55point 1 9 5 regarding junior accessory dwelling units second
2:20:01motion is made by Able send second
2:20:03by Part 2 Okamoto all those in favour please say I Hi Hi.
2:20:10All those in any opposition please say nay.
2:20:15Let the record show it passed unanimously Every news item
2:20:22eight on our agenda which is city council local and regional
2:20:26liaison a signed s..
2:20:30Did anybody I went to to of my assignments
2:20:34and would love to report back on those
2:20:36does anybody have any other reports from items.
2:20:40They attended meetings they attended so I attended
2:20:45the financial advisory board meeting
2:20:47and the financial advisory board meeting.
2:20:51Of course we had I gave an update on the audit report.
2:20:58Additionally they took up an action
2:20:59item they did not complete it.
2:21:01They're going to do additional research.
2:21:03They they took up an action item to look at council
2:21:07pay so Michelle that'll be something you can get.
2:21:13They didn't finish the something you will build it to report
2:21:16back on as the time goes on.
2:21:18I also attended the Crime Prevention Committee
2:21:22and they are looking for members of the crime prevention
2:21:28committee is actively becoming integrated into our community's
2:21:36response programs and community policing.
2:21:40And they have great programs throughout the year
2:21:43around safety.
2:21:45They do programs for home safety checks to make sure your
2:21:52your house is hardened against criminals.
2:21:54They we do the tri in in which is a recognition of all
2:22:03the first responders in our three cities Richmond Albany
2:22:08and rito.
2:22:10They staff the booth Fourth of July.
2:22:13In the past they've done a bicycle safety day bicycle
2:22:16Awareness Day where we did obstacle driving with bicycles
A councilmember asked whether the city's new charter status let it resist, and the answer set out how that question gets settled.
The question: whether “our new status as a charter city has no impact on what we can do in the future in this direction.”
Charter status and the transfer tax were approved in 2018 (Measure V).
The answer: “that issue hasn't been litigated yet.”
The principle: “what is and is not considered a municipal affair is basically decided by the courts. Some can assert that a statute applies to charter cities, but until that issue is litigated there's no final resolution.”
And the current position: “I don't believe that there is any published case law about ADU statutes.”
The city attorney added that the city could have done nothing and tested its charter status in the new year.
Staff expected an uptick in ADUs, said the clerestory requirement was modeled on another town's ordinance, and noted the ordinance would go to the state housing department within about 30 days. Smaller units would no longer pay certain connection and impact fees. In public comment, one speaker supported the clerestory windows, and Al Miller asked for coordination so ADUs are not built on sanitary district easements. The urgency ordinance was adopted unanimously on a motion by Abelson.
Whether charter status exempts El Cerrito from state ADU law “hasn't been litigated yet” — what counts as a municipal affair “is basically decided by the courts.”
13 Liaison assignments captions 2201–2288
2:22:21so it's it's an interesting committee that is desperately
2:22:26looking for new members.
2:22:27It is a committee so you have to do is attend three times
2:22:30and then the committee will recommend
2:22:33to the council to add you.
2:22:35So if you're interested in that committee that'll
2:22:37be great at this time it is my pleasure to announce
2:22:41the liaison assignments.
2:22:43They were published in the agenda eight.
2:22:46A I want to thank my fellow council members for taking
2:22:51on many of these assignments so that we can continue
2:22:55to represent ourselves both regionally and in our own city
2:23:03I'm gonna do a little bit of mayoral privilege on Item 10
2:23:09which is our German we're going to take up a portion we're not
2:23:13going to adjourn at this time because we do have a closed
2:23:14session but I would like to announce that tonight we are
2:23:19adjourning in the memory of Judith Tanenbaum and allow
2:23:25council members if they would like to make any comments
2:23:28regarding Ms Tannenbaum at this time so that it is
2:23:32available for our TV viewing office
2:23:35audience I learned that I had
2:23:40the pleasure to meet Judith when she was in charge of choosing
2:23:48our poet laureate and and I did not choose the poet laureate It
2:23:53was Judith Candyman and it ended up being my college my dear
2:23:57friend from college my shin went so I did run
2:24:02into her a couple months ago at the movie's end and so
2:24:10know that she has played an important role here
2:24:14in the city of El Salvador when regionally with her community
2:24:19work in San Quentin Prison by teaching inmates
2:24:23how to read and to write.
2:24:26Yeah there was a huge loss for our community
2:24:30here in El Salvador in West Contra Costa Mr. Fidelio Yeah.
2:24:39Judith's death really impacted me.
2:24:42I got to know her as a real city activist
2:24:45and I want to see her She had a special spirit
2:24:50and she cared about this town very much including the arts.
2:24:55She cared about the written word and she cared about justice.
2:25:00I just saw a little more than a week ago driving
2:25:03and as she was walking up Fairmont and walking fast
2:25:07and I opened up my window and yelled Hello at her
2:25:10and she waved and smiled and I thought I really needed
2:25:13to connect and see our wrist was an how she was doing
2:25:18and I'm so sad to hear that that won't be possible.
2:25:22I looked up the word Tannenbaum in this time of Christmas
2:25:27and holidays and it's fir tree and this tree
2:25:31is a symbol of consistency and faithfulness
2:25:36and Judith was certainly consistent and faithful
2:25:40in her fighting for justice.
2:25:42Well Mr. Right.
2:25:47I didn't know her really well but I did know her son
2:25:51and I know her mostly.
2:25:53I think as a person who provided a lot of service
2:25:57to our community and I think our community
2:26:02you know we'll have had a significant loss in losing her
2:26:08and I I just kind of wish I had had the opportunity to know her
2:26:14better and I actually because I've been the liaison this year
2:26:20to the Arts and Culture Commission
2:26:23and I thought oh that'll be a chance
2:26:25to get to know her better.
2:26:27And unfortunately it didn't happen anyway.
2:26:33She was a wonderful lady fear was someone
2:26:42who would always show up.
2:26:44And I think that is something I will remember about her.
2:26:48She seemed to have a passion for people.
2:26:52Passion for the underserved in our community.
2:26:57Housing rights immigrant rights.
2:26:59And I think she just was a very well-rounded person.
2:27:06I had the good fortune of running into her
2:27:10shortly before she passed.
2:27:12And she she stopped and went out of her way
2:27:18to tell me that I had done such a good job as mayor
2:27:22in the last year and it was it was really encouraging for me
2:27:26and I'm so glad that I was able to have
2:27:29that conversation with her and I asked
2:27:32her if I could give her a hug.
2:27:33And we had a nice hug.
2:27:35And now I'm so glad that we stopped
2:27:39and took that extra time to recognize each other.
2:27:43And I'll miss her at this moment.
2:27:46Like a moment of silence in memory of Judith mom
2:28:02the next item on the agenda is closed session
2:28:04public employee evaluation pursuant to government code
2:28:09Section 5 4 9 5 7 titled city manager the city council will
2:28:14now convene to close session the next regularly scheduled
2:28:19meeting is canceled the January 7th regular meeting has been
2:28:22canceled the next regular meeting will be
2:28:24on Tuesday January 21st twenty twenty Happy Holidays
2:28:30and Happy New Year
The Mayor reported on his liaison meetings and announced the year's assignments. The Financial Advisory Board had heard an update on the audit and begun, without finishing, a review of council pay.
The Crime Prevention Committee: “desperately looking for new members,” where joining means attending “three times and then the committee will recommend to the council to add you.”
His thanks: to colleagues “for taking on many of these assignments so that we can continue to represent ourselves both regionally and in our own city.”
The meeting adjourned in memory of Judith Tannenbaum, who had led the choice of the city's poet laureate and taught writing to inmates at San Quentin — remembered as “someone who would always show up.”
The Council then went into closed session for a public employee evaluation of the City Manager.
Her contract is amended in December 2020 (1 Dec 2020).
The 7 January meeting was canceled, so the next was 21 January.
The Crime Prevention Committee recruits on an attend-three-times rule. The meeting closes with the City Manager's evaluation in closed session; her contract is amended in December 2020 (1 Dec 2020).