Contents
33 sections- 01CommunicationsN
- 02A hundredth birthday, and holiday lightsS
- 03Ostrich races at the old dog trackS
- 04“A memo dating back over sixty years”S
- 05“Seems like a rich city problem”S
- 06“A supremacy of thinking”S
- 07United Against Hate WeekN
- 08What an insulator doesS
- 09Driest since 1977S
- 10Washing more, and tracking ignitionsN
- 11Is our grid different?S
- 12“Pretty old and… janky”S
- 13Ten thousand miles, not yet approvedS
- 14Salt, dust and birdsN
- 15One propertyS
- 16“Friend of a friend”S
- 17A granny unit by any nameS
- 18Four to five times as manyS
- 19What changed from the interim rules
- 20Sheds, style and owner occupancyN
- 21San Rafael's narrow moratoriumS
- 22Put on hold, then restartedS
- 23What the ordinance requiresS
- 24Three laws, passed last monthS
- 25A metal bowl and a compostable napkinS
- 26“Flexible is the word”S
- 27First quarterX
- 28Where the transfer tax wentS
- 29“Not letting a good crisis go to waste”S
- 30The graph on page 112X
- 31Six million, in a special fundS
- 322029, maybe 2030S
- 33“It wasn't just the budget savings”S
01 Communications captions 1–120
0:13:44Good evening, ladies, and gentlemen, the November 2nd
0:13:48regular city council meeting is called
0:13:50to order at seven o'clock Will the city
0:13:54clerk please call the roll?
0:13:56And Fidele here attempting to get
0:14:00council member opposing here, Councilman mittman here
0:14:06and some member redneck.
0:14:09We have a thank you.
0:14:11Please join me in the Pledge of Allegiance.
0:14:12Our moment of silence I pledge allegiance, allegiance
0:14:18to the flag, the flag of the United States
0:14:22of America, Africa and to the Republic Republic for which it
0:14:26stands One Nation, McShann under God,
0:14:31indivisible, with liberty and justice Thank you.
0:14:39Well, our city clerk, please talk
0:14:40to us about the teleconference and public comment
0:14:42instructions.
0:14:44Thank kimmey.
0:14:45City Council members and staff who
0:14:47are participating Panelists, please
0:14:48remember to keep a microphone muted whenever you speaking
0:14:52to ensure compliance with the Brown Act
0:14:54and to address security concerns.
0:14:56Attendee images videos will remain disabled as well as
0:14:59the future for all participants The members of the public who
0:15:03wish to provide oral testimony the mayor
0:15:05will announce the time for public comment
0:15:07on each applicable item If you wish to speak, please select
0:15:10the hand icon to contrabass.
0:15:12Your hand.
0:15:13If you cannot locate Icon, please refer to the document
0:15:16linked on page one of the agenda for the Rasim feature
0:15:19attendee's joining by phone and dial star nine to raise
0:15:22their hand when it's your turn to provide comments,
0:15:25your name will be called and you will be prompted to amuse
0:15:28yourself Attendees joining by phone will prompted to dial
0:15:31Star six to admit themselves.
0:15:34That conclude my announcements may.
0:15:35We're ready for the next item.
0:15:37Thank you.
0:15:37And the next item Staff and council communications
0:15:40Can we please begin with staff communication variety
0:15:45Thank you.
0:15:45Your Honor.
0:15:46I'm Karen Pinkest, city manager Just
0:15:48wanted to give a brief update on our local emergency.
0:15:52Most things are indeed still status quo.
0:15:55Nothing has changed from what I reported
0:15:57last time except the big news that happened this afternoon.
0:16:01That children now five to eleven,
0:16:04have been approved by the CDC and the FDA
0:16:06to begin getting vaccinated And so I encourage everyone
0:16:11with people of that age group to check out Korona
0:16:15virus Stotsky Health dot org.
0:16:19I literally just checked.
0:16:20They haven't updated yet, although they're continuing
0:16:22to update vaccination locations But in the meantime,
0:16:25continue to check that page or certainly
0:16:27check in with your medical provider for opportunities
0:16:32to be able to vaccinate that age group.
0:16:34I am really optimistic about that,
0:16:37but that will certainly be helpful.
0:16:39Going a long way toward continuing to decrease
0:16:43and hopefully end where we are in the pandemic.
0:16:46Again, not much has changed as far as that goes on.
0:16:49Your consent calendar tonight.
0:16:50You do have the resolution again for the next thirty days.
0:16:54And so this time we will still continue
0:16:57to plan to meet with the city council and our boards
0:17:00commissions and committees overseeing them
0:17:03or virtually So at this point, that is really all I have.
0:17:06Thank you so much.
0:17:06Right Council members, do we have any comments
0:17:12or announcements Yes, mayor Pro Tem
0:17:17Quintel thanking their Fidele.
0:17:20Good evening, everyone.
0:17:21I wanted to let everyone know that I
0:17:23did attend a press conference on October 25th last Monday.
0:17:33And this is just to be had an invitation
0:17:39to attend this meeting press conference at the temple.
0:17:42Beth Abraham temple in Oakland, with the mayors and council
0:17:48members of Alameda County and Mayor Kevin wilk
0:17:53and myself were invited from contra Costa County
0:17:56to attend this.
0:17:58There's been a lot of hate crimes lately,
0:18:00a lot of anti-Semitism a lot of Asian hate crimes going on.
0:18:05And so I was joined by many of our colleagues
0:18:11from Alameda County and the different police departments
0:18:14And it was a good turnout And I look forward
0:18:19and having we'll have something like this in Contra Costa
0:18:23County and the future so we can say no to all of this hate
0:18:29going on right now.
0:18:30So, you know, just a lot of anti-Semitism going on
0:18:34and we want to we want to stop this
0:18:37and say, no, to all of this.
0:18:40This is getting out of hand.
0:18:42A lot of crimes going on.
0:18:43So but appreciate the invitation from the Jewish Council
0:18:50of san Francisco.
0:18:51And my colleague Tyler Gregory along with Sam for inviting me
0:18:57and that's my update.
0:18:58Thank you.
0:18:59Thank can Other announcements.
0:19:03I have a couple Oh, yes.
0:19:05Council member Mohtarma Thank you, ma'am.
0:19:09I just want to mention that some Samira's reached out
0:19:12to me because there was a shooting into a vehicle
0:19:15on kamahl Street and I know that the neighbors are
0:19:19very concerned I know that the council is
0:19:23being notified of this.
0:19:24And I have urged the neighbors to invite me to come
0:19:29and address their concerns.
0:19:30So I'll keep you posted as to if there's
0:19:33a date or anything like that.
0:19:36Thank you.
0:19:36For that.
0:19:37Sorry to hear about I have a couple of announcements now.
0:19:42We did have a closed session on october.
0:19:44Twenty fifth where we ended up directing
0:19:48our city manager to respond as we directed
The meeting opened remotely, with Fadelli presiding.
The City Manager reported the local emergency largely unchanged, apart from that afternoon's approval of vaccination for children aged five to eleven. Quinto had attended a press conference against hate crimes, including anti-Semitic and anti-Asian attacks, at Temple Beth Abraham in Oakland. Motoyama said neighbors were concerned about a shooting into a vehicle on their street and had been urged to invite her to hear them.
The agenda for the evening was substantial: a PG&E update on the outages and pole fires affecting the city, a fire hazard abatement declaration, permanent accessory dwelling unit regulations, the amended foodware ordinance, and the first quarter budget update.
The meeting would adjourn in memory of Grace MacNeill.
Four substantive items in one evening: a PG&E update, a fire hazard abatement, permanent ADU regulations required by state law, and the amended foodware ordinance.
02 A hundredth birthday, and holiday lights captions 121–174
0:19:51on retiree health costs.
0:19:54And secondly, we discussed a possible litigation at about i
0:20:00was very pleased on Sunday to offer a mayor certificate
0:20:05of recognition commence and congratulating Phyllis
0:20:09Cobb on the occasion of her 100th birthday
0:20:13A beautiful woman and a great band,
0:20:15council member Rubberneck showed up as well One hundred years
0:20:19old from South Carolina and was a beautiful party
0:20:23on beautiful day.
0:20:24So these one hundred year old certificates
0:20:28are a wonderful thing for us to be continuing to pass out.
0:20:31It makes makes me smile Hopefully all of us Finally,
0:20:35I'm glad to say that for the third year in a row,
0:20:37we're going to be having holiday lights on san Pablo
0:20:40Avenue in the theater district.
0:20:43Thanks primarily to the chamber commerce and some really
0:20:47wonderful people that helped sponsor this
0:20:51And I think they may be starting to go up tomorrow
0:20:54or the next day and lighting up our our shopping
0:20:57area on the 12th of November.
0:21:00There will be an official event at the elevation.
0:21:04Sixty six.
0:21:05So everyone's invited from 6:00 p.m. to look at the lights
0:21:10and have some free refreshments Let's get our retail business
0:21:14back on track here.
0:21:16So if you tell us the date again,
0:21:19the date of the event is november 12th,
0:21:226:00 pm elevation.
0:21:23Sixty six, I believe the lights we are we
0:21:27got a discount If we did our put our lights up
0:21:30early before the mad rush for Christmas.
0:21:33So they're going to be up next week or this week.
0:21:35So a little early.
0:21:36But that's wonderful.
0:21:37I think Very good.
0:21:40So anything else?
0:21:42OK, at this time, members of the public
0:21:46who wish to provide public comments regarding matters,
0:21:48not on the agenda, consent items and presentation.
0:21:52I should use the raised hand feature to request to speak.
0:21:56This is the oral communications time
0:21:58from the public city city clerk Do we have any takers in me?
0:22:04While we give them an opportunity
0:22:06to raise their hand, I just quickly announce
0:22:08the public comments received by today's four p.m.
0:22:11deadline have been posted on our Web, a supplement to materials
0:22:14and have been provided directly to the council member
0:22:18council members.
0:22:18This includes public comments for items
0:22:20not on the agenda I receive some Cordell handler Seip
0:22:23nemi and Evelin, Janelle mitchell
0:22:27and at this time here we have three hands requesting
0:22:31to speak and confirm the three minute time limit So confirmed.
0:22:37Thank you, sir.
Council communications reported closed session business and two lighter items.
Closed session had covered retiree health costs and “a possible litigation.”
Then the Mayor's Sunday: presenting a certificate of recognition to Phyllis Cobb on her 100th birthday — “a beautiful woman and a great band,” with Rudnick attending too.
His reflection: “these hundred year old certificates are a wonderful thing for us to be continuing to pass out. It makes me smile.”
And the third item: “for the third year in a row, we're going to be having holiday lights on San Pablo Avenue in the theater district” — thanks primarily to the Chamber of Commerce.
The lighting would be marked by an event on 12 November at 6 p.m. at Elevation 66, with free refreshments — “let's get our retail business back on track”.
One detail on the lights: the city had “got a discount” by putting them up “early before the mad rush for Christmas,” so they would go up that week or next — “a little early, but that's wonderful.”
Public comment then opened. Written comments received by the 4 p.m. deadline had been posted and provided to councilmembers, with three speakers requesting to speak at a three minute limit.
Retiree health costs are discussed in closed session the same evening that retirees protest a premium increase in public comment. The holiday lights are paid for through the Chamber of Commerce and sponsors.
03 Ostrich races at the old dog track captions 175–210
0:22:42OK, so our first speaker tonight is Dave Weinstein.
0:22:50Dave, you should be able to unmuted begin your time now.
0:22:53I this is Dave Weinstein speaking as the president
0:22:56of the also real historical society,
0:22:59I would like to really thank the council
0:23:00for the resolution for tredway.
0:23:06I that Chris appreciates that Chris
0:23:08has been just such a great guy over the years.
0:23:10A lot of people think that local history can be dry boring.
0:23:15You know, Chris, brought so much joy
0:23:17into the study of local history over the years.
0:23:20He's helped me so much.
0:23:21I know many other people finding weird information
0:23:24about ostrich races at the old dog track and matchbook
0:23:30covers any kind of oddball things
0:23:32just a tremendous amount of of of fun
0:23:35to what is doing well at the same time,
0:23:37really serious about working on this book,
0:23:40which he is still working on.
0:23:42And we will get it published And the work that he's done
0:23:46for the various communities throughout town writing
0:23:49about them in a way that makes part of what is going on,
0:23:54not an outsider looking but really
0:23:56part of the community and that's why
0:23:59it's particularly good at the city council city in general.
0:24:04The historical society and others
0:24:06are coming together now to really appreciate
0:24:08what he has done over the years.
0:24:14Oh, I'm done Thank you.
0:24:17And just to quickly remind us on the call
0:24:19that this is the opportunity to speak for items that are not
0:24:22on the agenda, items on our consent calendar
0:24:25and presentation items.
0:24:26Tonight, the next biggest Gibson.
0:24:29Dave, you should be able to unmuted and begin your time out
0:24:35with that evening.
Dave Weinstein, president of the El Cerrito Historical Society, thanked the Council for its resolution honoring Chris Treadway.
His case for what Treadway did: “a lot of people think that local history can be dry [and] boring” — and he “brought so much joy into the study of local history over the years.”
The examples: “weird information about ostrich races at the old dog track, and matchbook covers — any kind of oddball things.”
And the serious work alongside it: a book “he is still working on” and which “we will get… published.”
What made his writing about neighborhoods different: it was “not an outsider looking [in] but really part of the community.”
He died within the fortnight; the 16 November meeting adjourns in his memory.
The journalist who covered El Cerrito for decades is honored while still working on his book — and the historical society's president credits him with making local history something people wanted to read. The 16 November meeting adjourns in his memory, two weeks later.
04 “A memo dating back over sixty years” captions 211–230
0:24:37Dave and Dave Gibson, retired battalion chief fire marshal
0:24:41Thirty five years I speak to you tonight
0:24:44with a heavy heart based on your recent shameful decision
0:24:48to significantly raise retirees medical insurance premiums.
0:24:53This change is based on the state audit,
0:24:55based on interpretation of a memo language dating back
0:25:00over sixty years the city Rosarito has never
0:25:04wanted to pay for retirement.
0:25:06Retiree medical and in lieu has allowed retirees
0:25:10to stay on the medical plans at their retirees expense
0:25:14and at no cost to the city based on a recent interpretation,
0:25:18it was determined that somehow retirees creating approximately
0:25:22one hundred and twenty two thousand a cost to the city
0:25:25and therefore that should be passed on to the retirees
0:25:29So I get that you want save one hundred
0:25:31and twenty two thousand but the way
0:25:33you're doing it is shameful.
0:25:35Three of your council members played a significant role
0:25:38in the financial disaster that triggered the state
0:25:40audit in the first place.
Dave Gibson, retired battalion chief fire marshal with thirty-five years of service, spoke against a decision on retiree health.
His subject: “your recent shameful decision to significantly raise retirees' medical insurance premiums.”
Its origin: the state audit, and “interpretation of a memo['s] language dating back over sixty years.”
His account of the arrangement: the city “has never wanted to pay for… retiree medical,” and instead “hallowed retirees to stay on the medical plans at their… expense and at no cost to the city.”
What changed: “a recent interpretation” determined that retirees were “creating approximately one hundred and twenty-two thousand [in] cost to the city,” to be passed on.
His objection was to method rather than arithmetic: “I get that you want [to] save one hundred and twenty-two thousand, but the way you're doing it is shameful.”
And a pointed observation: “three of your council members played a significant role in the financial disaster that triggered the state audit in the first place.”
A thirty-five-year retiree tells the Council that retiree medical premiums are being raised on a reinterpretation of memo language dating back over sixty years, to recover about $122,000, and that the method is shameful. Retiree health costs had been in closed session the same evening.
05 “Seems like a rich city problem” captions 231–300
0:25:42With based on some of your decisions,
0:25:45if you're so fiscally conservative, now,
0:25:48how do you feel that you need to go out and spend 90 seven
0:25:53thousand dollars on a recruitment
0:25:55For my former position at Battalion
0:25:57chief fire marshal and the vacant police captain position.
0:26:01As for the fire department, recruitment,
0:26:03you had two qualified internal candidates
0:26:06but decided to do an outside recruitment costing fifty
0:26:09thousand dollars Did you not receive six million dollars
0:26:12in federal bailout Do you not have four
0:26:15million dollars in reserves?
0:26:17Seems like a rich city problem.
0:26:19And you're acting like a poor city problem.
0:26:23It's just shameful.
0:26:25And all I can say is after thirty five years of protecting
0:26:28the city, it's just I almost beyond words
0:26:33i had to say, write these down.
0:26:34So i can remember them because that's
0:26:36how upset I am with with all of you
0:26:39that you would do this You'll hear from me again
0:26:43and you'll hear from my fellow retirees We will not go away
0:26:47and you should all be ashamed of yourselves
0:26:49for the shameful decision Thank you You next.
0:26:54Because individualising indeed should be able to imit
0:26:58and begin your time now, sir.
0:27:01Before I give my public comment, I just want to acknowledge i
0:27:07missed your name, sir.
0:27:08Former chief, thank you so much for the work you've done.
0:27:11And I'm with you.
0:27:12Actually, I would love to listen to you
0:27:15and collaborate and talk about the way
0:27:17that our city doesn't listen The city elected officials,
0:27:21the staff, the commissioners, i personally am a commissioner
0:27:24of human relations and i've been going through some
0:27:27really trying times throughout the past three meetings
0:27:30Three human relations meetings have been have been canceled
0:27:34unceremoniously without discussion
0:27:36And the Human Relations Commission at least the months
0:27:39that I was showing the few months I one thing coming up
0:27:42was that people were not being heard.
0:27:44There was an equity, whether they were seniors,
0:27:46whether they're young people, whether they're
0:27:48I mean, partly and young people vote in our city.
0:27:51I wonder why.
0:27:52And i was trying to address that.
0:27:53I was even trying to address, A.J., whether I don't want
0:27:56to talk about how about like pro love and pro Conexion
0:28:00but that, you know, those those discussions
0:28:02I shut down even discussions of how
0:28:03the police can make us safer City that got that got
0:28:07shut down.
0:28:08And at this point, there's so much censorship.
0:28:10I I mean, I guess we could do a freedom of Information Act
0:28:13and find out if there's collusion
0:28:15because these meetings are being canceled.
0:28:16These human relations meetings are being canceled.
0:28:18Without discussion.
0:28:19And how that possible without some sort of coordinated,
0:28:22secret, coordinated discussion that's violating the Brown Act.
0:28:25I mean, how could they not be a public discussion consistently
0:28:29council over and over again, human relations meetings,
0:28:31which the Human Relations Commission by the way,
0:28:34to the public.
0:28:34It's not even to the council the public,
0:28:36you guys, the human relations Commission
0:28:38deals with getting rid of segregation
0:28:41inequity, injustice, and violence against people.
0:28:44That's what the Human Relations Commission is about.
0:28:46Guys, it monitors the police and monitors the council
Gibson continued with a second charge.
The speaker's position: “after thirty five years of protecting” the community, speaking as the former holder of one of the posts under discussion.
The charge: given the Council's fiscal conservatism, “how do you feel that you need to go out and spend ninety-seven thousand dollars on” recruitment for “my former position at battalion chief fire marshal and the vacant police captain position”?
On the fire recruitment specifically: “you had two qualified internal candidates but decided to do an outside recruitment, costing fifty thousand dollars.”
His comparison: “did you not receive six million dollars in federal bailout? Do you not have four million dollars in reserves?”
And the conclusion: “seems like a rich city problem, and you're acting like a poor city problem. It's just shameful.”
He closed: “You'll hear from me again and you'll hear from my fellow retirees. We will not go away.” The next speaker, who said they were a Human Relations Commissioner, thanked him, then said three Human Relations Commission meetings had been canceled “without discussion,” and asked how that was possible without a coordinated discussion that would violate the Brown Act.
A retired battalion chief challenges $97,000 spent on outside recruitment for two posts, including his own, when two qualified internal candidates existed. He contrasts it with the city's $6 million in federal relief and $4 million in reserves.
06 “A supremacy of thinking” captions 301–420
0:28:49and monitors the council the city staff,
0:28:51for their bias and discriminative practices.
0:28:55Now, I'm learning that you can discriminate
0:28:57being black and Asian.
0:28:58You could you don't.
0:28:59Just because you're white doesn't mean you're you
0:29:01just I mean, you could be discriminatory in any way.
0:29:03The discrimination comes from not being open to ideas,
0:29:06not being open to different ways that your way is the only way
0:29:09and that is a form of inequity.
0:29:11To not listen to other ideas and not even be
0:29:14able to respond to other ideas.
0:29:16In fact, beyond that, to shut down
0:29:18the conversation around ideas.
0:29:20That's then epitome of supremacy right there.
0:29:23And it's not supremacy of race or color or religion.
0:29:26It's a supremacy of thinking And by the way,
0:29:29the thinking is I'd be great because i've heard directly
0:29:31from the horse's mouth, from elected officials, city staff,
0:29:34they're unwell, that they don't sleep well
0:29:35They have autoimmune diseases.
0:29:37I mean, i'm coming from a compassionate place.
0:29:38If you're not doing well, let's talk about how to get healthier
0:29:41How many people in the city staff
0:29:43go to Human Human Resources meditations or health things?
0:29:47Don't people don't watch those things.
0:29:49So, like, how is how is our decision makers not practicing
0:29:52human relations themselves?
0:29:54And shutting down Human Relations Commission meetings?
0:29:57My invitation everybody in the public is let's
0:29:59come together around this.
0:30:00If they're shutting human Relations Commission,
0:30:02they're shutting out everything is you.
0:30:06Our next speaker is Patricia dehra.
0:30:09Patricia, you should be able to I'm
0:30:10meeting begin your time now.
0:30:14Hello, there you go ahead.
0:30:16OK, good.
0:30:18I am.
0:30:18I really just want to thank our historical society president,
0:30:28Mr. Weinstein, for acknowledging the fact that we are honoring
0:30:35a member of this community Chris Tredway,
0:30:41and he it's an honor for me to be able to add to his comments
0:30:48and I am just elated to have this opportunity to express
0:30:55to my friend Chris tredway and his family of how much
0:31:02the St. Peter Sami church family and the city
0:31:06of Elsa Redl Dr. Martin Luther King, Junior celebration.
0:31:10Appreciate his comment Tribulations over the years
0:31:16I am happy that to say that the West Contra
0:31:21costa times no paper was one of our only communication avenues
0:31:30starting from the early 90's nineties when the MLK was
0:31:37celebrate the MLK celebration was born
0:31:42in the city of Elstree, and I understand
0:31:46that he's El And we just want to say to him
0:31:51and his family thank you so when we were first organized,
0:31:57the only person we had was Chris, Chris and today
0:32:03we are thirty three years old and we will never
0:32:07forget what he has done for this entire contra
0:32:12Costa County community.
0:32:14And again, i just want to say thank
0:32:18you, Mr. Chris, for all that you have done for us in this city.
0:32:25Of El Serino.
0:32:26Thank you Campath my next because John Stajcic, John,
0:32:33you should be able to meet him, begin your time now.
0:32:36Yeah, I don't think anybody more deserving of a city
0:32:40council a proclamation.
0:32:42And Chris Tredway, and he's done so much for the city
0:32:46of El Cerrito over the years.
0:32:47In the news media actually reporting interesting stories
0:32:51and always emphasizing the positive and not the negative.
0:32:56And he could easily be called mr. Sariel Yeah, i next because
0:33:05of in Mitchell s I mean, I am Anybots
0:33:14you because you are using an outdated version of Zoome.
0:33:17If you would like to try calling back you can,
0:33:20you can try calling in by phone on the phone number
0:33:23on the first page of the agenda.
0:33:25But I cannot give you permission to speak at this time.
0:33:29I will go to our next speaker which is Steve Bernini,
0:33:34davis should be able to unmuted begin your time now
0:33:41Good evening, Mayor.
0:33:42Council members I come to you as a little bit different.
0:33:47I have the background is a public safety employee
0:33:50a retired lieutenant, but I also come to you
0:33:53as a family that was born and raised in the city of Elzbieta
0:33:59My grandparents fled italy and Mussolini in Portland
0:34:05and built their homes in El Cerrito.
0:34:07The same family went to work for the city of El Swedo
0:34:10the fire department volunteers throughout the years
0:34:15spent the better part of their lives
0:34:16attached to that community.
0:34:18That was one of the reasons why i decided to work there
0:34:21to give back to that community Welcome
0:34:23my parents, grandparents.
0:34:26And during that time i had the opportunity
0:34:27to leave for other police departments that made more
0:34:30money, had better facilities The building wasn't in shambles,
0:34:35but and decided to stay because I was dedicated
0:34:39to this community in turn, i was part
0:34:42of the Laredo Police Association as president and vice
0:34:46president.
0:34:47The Public Safety Management Association
0:34:48is present Vice President during those times
0:34:51negotiated several contracts It seems every time I went
0:34:55to negotiate a contract to try and work on medical retirement
0:34:59Karen Pinkos and other city represented, stood up and said,
0:35:02we're not doing medical retirement.
0:35:04You have the opportunity to buy in to the city medical plan
0:35:07As a retiree.
0:35:10And that was touted year over year renegotiation
0:35:13after every negotiation And we accepted that we accepted less
0:35:18money for a community that we thought was deserving that
0:35:22needed the police, our fire department personnel that they
0:35:25had and that we can make a difference Many of us
0:35:29retired with the understanding that we could buy
0:35:31and the city medical plan Our retiree health savings
0:35:37account letters indicated our rates were tied to what
0:35:42the current employee rates were to have this change dropped
0:35:46on us on a Tuesday after the open enrollment
0:35:50windows had closed for a lot of other medical options.
0:35:54Was disheartening.
The commissioner then put the grievance in general terms.
The charge: refusing “to listen to other ideas and not even be able to respond to other ideas” is “a form of inequity.”
And going further — “beyond that, to shut down the conversation around ideas” — is “the epitome of supremacy right there.”
The distinction drawn: “it's not supremacy of race or color or religion — it's a supremacy of thinking.”
The speaker said they had heard “directly from the horse's mouth, from elected officials, city staff” that they were unwell — and asked why decision-makers were “shutting down Human Relations Commission meetings.”
Three speakers then praised Chris Treadway: Patricia, for the St. Peter CME church family and the city's Martin Luther King celebration, which he had covered from its start thirty-three years earlier; and a resident who said he always emphasized the positive. A retired police lieutenant from a family long tied to the city said that in every contract negotiation the city had refused retiree medical but offered retirees the right to buy into the city plan, and his group “accepted less money” on that understanding; the change came after open enrollment for other plans had closed.
A speaker who identifies as a Human Relations Commissioner argues that refusing to engage with dissenting ideas is itself a form of inequity — “a supremacy of thinking” rather than of race — and says three commission meetings were canceled without discussion.
07 United Against Hate Week captions 421–619
0:35:56I think it was calculated and that's
0:35:58the part that's shameful.
0:36:00People had options to do other things,
0:36:02but you shut a door on it.
0:36:05We probably wouldn't have been notified
0:36:07if we hadn't have found out about it a little
0:36:09earlier than anticipated.
0:36:12So the gross negligence for me is the fact that the retirees
0:36:16contractually obligated Nego did a benefit to have that turned
0:36:23in the door shut at a time when we couldn't get
0:36:26into other medical options And with two
0:36:29months for implementation, i think is wrong.
0:36:32I think that's totally wrong.
0:36:33That's the part that's that's shameful.
0:36:35That's treating the employees well.
0:36:38That's not treating the employees who dedicated
0:36:40their life of service to that community
0:36:42in a way that was the intent.
0:36:44And written negotiated contract benefit we have.
0:36:48Thank you Thank you.
0:36:51And then it looks like Evelin may have called back in.
0:36:55So Evelin can you select staff six to yourself
0:37:02Are you there the evening Yeah, we
0:37:04can hear you can go ahead and begin Good evening, community.
0:37:09My name is actually evelyn Janene.
0:37:13Mitchell and I am your poet laureate.
0:37:18And i bring you greetings in the name of peace However,
0:37:24I am calling this evening our speaking this evening
0:37:31in regards to my other position that i hold,
0:37:35which is super intended of Sunday's school at St..
0:37:39Peter c.M.A. Church and the Sunday
0:37:44School Department at St..
0:37:45Peter's is hosting our very first block party
0:37:52and we are encouraging unity within our community
0:37:58This block party will be held November
0:38:0213th at St. Peter samey Church.
0:38:07It will be a covid compliant event.
0:38:11We will be outdoors.
0:38:13We plan to have fun listen to music
0:38:17get information have conversation
0:38:21and dance to the music.
0:38:25So I am welcoming all to come to the block party that Saint
0:38:33Peter the church is hosting november 13th from 12:00 p.m.
0:38:41to four p.m. at St..
0:38:43Peter s.M Church which is located
0:38:46at fifty three twenty four cypress Avenue in El Cerrillo.
0:38:53All are welcome to have a good time and peace Thank you You
0:39:01man.
0:39:01That does conclude I request to speak at this time.
0:39:05Thank you all I'm going to be moving
0:39:08to the adoption of the consent calendar
0:39:10and tell that I'm going to go through each item
0:39:12and if anyone has a brief comment to me or to pull up,
0:39:16please let me know And this item number five, the adoption
0:39:23of our consent calendar and item on five
0:39:27days, the approval of Yes.
0:39:29Is there handled?
0:39:30I see a hand on it now.
0:39:31OK, the approval of minutes item five B is the shelter in place.
0:39:38Education Day problem getting ready for earthquake item c
0:39:44is united against hate Week and we have a new version of that
0:39:49in our supplemental materials because just in speaking
0:39:53with our clerk, we already are a member of the United
0:39:56against a group I thought that should
0:39:59be in the resolution We're asking people, yes, thank you.
0:40:03Council member Rubberneck and I think what we just heard about
0:40:07and going to Saint Saint peters is part of the process
0:40:13Let's fight against hate.
0:40:16Item five d is a proclamation recognizing
0:40:19Chris Tredway I just want to say a couple of words
0:40:23at this moment.
0:40:24Moment.
0:40:24For thirty five years, of service and journalism
0:40:28in the East Bay if you read if you read the resolution as long
0:40:33because he's done a lot of things
0:40:35But what's important to also read,
0:40:37though, is that Chris is of, by and for el Cerrito
0:40:42and he's going through a serious health issue now.
0:40:45We just wish him the best of luck.
0:40:48But what I would really like to do is read this last now.
0:40:52Therefore, be it resolved section of the resolution
0:40:56because the city council of the city of Elstree
0:40:59does hereby salute Cristero dragway for his efforts,
0:41:03his writings over the past many decades
0:41:06that have commemorated our city, questioned us,
0:41:11our elected officials and educated our residents
0:41:14in ways that have made us proud to be ulcerations So,
0:41:17Chris, we're with you.
0:41:18God bless you.
0:41:20Anyone else like to make a comment?
0:41:22Yes.
0:41:23Council member Abels Yes, I've actually known the Tredway
0:41:29family for very long time.
0:41:34And I know them in a way that may
0:41:35be different than anyone else.
0:41:38I've known them as a family at Harding Elementary school,
0:41:44that where my kids also attended and some of the same time
0:41:50and so our kids grew up together Their son,
0:41:55Henry, and and like kids and i spent many hours
0:42:02on PTA with his wife, Diana.
0:42:05And I can remember Chris being very active
0:42:09in the various parent school projects
0:42:16that we did over the years out especially
0:42:20out on the playground.
0:42:21I was kind of where we did most things
0:42:24and so i remember all of those things
0:42:30And then I know him also as a reporter where he I think
0:42:35a fantastic job of reporting the news in a way that was there
0:42:42And much appreciated I think, by the community
0:42:47for a very long time.
0:42:50And and then later he he became more active
0:42:55in some of our city programs or projects
0:43:02And he he is just very he's just had a very rounded in complete,
0:43:10I would say dedication to this community.
0:43:15That is is something you don't always see.
0:43:22And it really has made a difference
0:43:25And so I want Chris to know that if he is listening.
0:43:32Thank you council member, and also anyone else Yes.
0:43:36Mayor Pro Tem.
0:43:37Thank you, Mayor.
0:43:39When I moved back to El Cerrito and we purchased a home here
0:43:42back in two thousand one I started subscribing to the West
0:43:49County Times and the El Camino Journal
0:43:51and I kept El Cerrito Journal until we lost our beat.
0:43:56Reporter So I was a faithful newspaper writer
0:44:01and believe in true journalism.
0:44:03Then.
0:44:04And with Chris, we got all that and then some
0:44:08So I'm grateful to his service here in El Cerrito.
0:44:12And West Contra Costa.
0:44:15I got to know him and other capacities as well.
0:44:20With his work with the electorate chamber
0:44:22and and the various things like the Historical Society So
0:44:28I know that I very much appreciate
0:44:31his love for history.
0:44:33And love for this community.
0:44:35And it shows with his his truth in journalism.
0:44:39And I'll never forget that.
0:44:41So, Chris, are sending you love and prayers and and will
0:44:48are grateful to your journalism and your experience
0:44:52and my old friend Mark Trapline, who
0:44:56worked for the berkeley Gazette and who
0:45:00had albany, Berkeley baked.
0:45:02And I know paul knew him as well.
0:45:05And there is a loss in b of journalism
0:45:10We're not getting that.
0:45:11So we're getting a lot of like parties and stuff
0:45:15going on that if we truly had a true journal like Chris Tredway
0:45:22back on the L'ESPRIT upbeat we would
0:45:24truly have the truth again.
0:45:26And you were Miss chris Tredway and the newspaper.
0:45:31So grateful to you.
0:45:33Thank you.
0:45:34Well said.
0:45:35Anyone else Yes.
0:45:38Come to my my alma matter.
0:45:42I did not know Mr. Tredway.
0:45:44I don't know him personally, but I have read many of his pieces
0:45:48over the last fifteen to years that I've lived in
0:45:52and it's really made a difference in my understanding
0:45:55of the community.
0:45:56So I just want to express my thanks for all the work is done
0:45:59and i look forward to your continuing improvement
0:46:04in health if possible, and hopefully you
0:46:07know that you know that all the good things
0:46:09that you've done for Elstree know are not going unnoticed.
0:46:16Council member Grundig I'll throw in how important chris
0:46:21Tredway is as a historic envoy.
0:46:23We're talking a lot about his journalism, but the type
0:46:26of history that he's preserving, not
0:46:27only just Cerita, but for the entire east Bay
0:46:31and sometimes silly.
0:46:32Sometimes it's questionable but it's always fascinating.
0:46:36And I really appreciate that someone who
0:46:38brings history alive Thank you.
0:46:42We'll move on with the calendar items now.
0:46:45Item five is an authorized city council
0:46:48on the city advisory body meetings
0:46:50to be held via teleconference for the next month.
0:46:54And finally, item five is the extension
0:46:57of the contract abandoned vehicle abatement program.
0:47:00Do I hear any objections or needing
0:47:02to pull the item going non?
0:47:06Do I have motion to move the concept
0:47:09Move, move by council member.
0:47:11Oh, sorry.
0:47:12I was going to say council member Abels
0:47:14and moved it and council member Loti almost
0:47:17Can we have a roll call please?
0:47:20You Fidele I have.
0:47:23Can by council member I council member Mutemath council member,
0:47:29redneck i motion carries.
0:47:32Thank you Thank you and good luck.
0:47:37We next move to presentations tonight
0:47:40and we have a update from Pacifics gas and Electric
0:47:44Jenny, from the previous meeting they have with us
0:47:47about the outages and also Sarino, maybe some
0:47:51concludes as to what's gone wrong
0:47:53and what's being done to get us back to normal.
The retired lieutenant finished: implementation in two months, with other options closed, was “totally wrong.” Evelyn Mitchell, the city's poet laureate, invited everyone to St. Peter CME's first block party on 13 November. The consent calendar followed, one item amended on the floor.
The items included an education day proclamation and earthquake preparedness.
Item C was United Against Hate Week, with “a new version… in our supplemental materials.”
The reason for the revision: in speaking with the Clerk, the Mayor found “we already are a member of the United Against” Hate coalition, and said, “I thought that should be in the resolution.”
The Mayor connected it to what had just been said from the floor: what had just been heard, including the invitation to St. Peter's, “is part of the process. Let's fight against hate.”
Item D, a proclamation honoring Chris Treadway, drew tributes. The Mayor called him “of, by and for El Cerrito,” going through a serious health issue, and read the resolution's salute to writing that had “questioned us, our elected officials and educated our residents.” Abelson remembered him from Harding Elementary and the PTA; Quinto lamented the loss of a local beat reporter; Rudnick praised the history he preserved. The calendar also extended the abandoned vehicle abatement contract.
The calendar was adopted.
A hate-week proclamation is revised on the floor once someone notices the city is already a coalition member. The Mayor links it to the block party invitation just heard.
08 What an insulator does captions 620–700
0:47:58And what do we have Is it Darran or is where will Good evening.
0:48:06Hi.
0:48:06My name is Kyoko.
0:48:07Hey, I'm a local government affairs rep.
0:48:12Come in and the local government affairs
0:48:15Pacific Gas and Electric covering contra Costa County.
0:48:18Thank you, Mayor and council members,
0:48:20for inviting us back to continue our year.
0:48:27Earlier this summer, my colleague Mark McGwire presents
0:48:29that on wildfire awareness.
0:48:31And today we'll report back to the city regarding Vincent
0:48:33power outages affecting Elstree, though I would like
0:48:35to introduce PG&E subject matter expert darren Klein,
0:48:38a senior manager for public affairs
0:48:39who will present today Thank you, Mr. Klein.
0:48:42Thank you for joining us.
0:48:44Good evening.
0:48:44Thank you for having us.
0:48:46As and Corica said, I am also the manager for the Bay Area
0:48:51local Government Affairs team.
0:48:54We have a group of folks that handle the Bay
0:48:57and we know that we have been running into these issues
0:49:00with what people have referred to as poll fires
0:49:04their shortages around the polls and what I want to
0:49:08and I know with the rain coming in,
0:49:10it is clearing the problem for this year
0:49:13in a pretty dramatic way.
0:49:14As long as keeps raining.
0:49:16But I would like to walk through a presentation that we have.
0:49:20I'm going to go ahead and share my screen right Thank you.
0:49:24As you should have access to share your screen Oh,
0:49:27it's it just popped up.
0:49:29OK, my computer's just running behind so i share There we go.
0:49:43And sorry, it started on page the wrong page
0:49:51So i have the wrong let me make sure that the right one was
0:49:59pulled up there.
0:50:01We sorry.
0:50:03We've had the same problem in Richmond.
0:50:04That was the one it got accidentally pulled up
0:50:12So here we go.
0:50:12This is for the City of Alshehri.
0:50:15We have done presentation ends in Richmond
0:50:18to their city council to talk about this issue.
0:50:20In particular, since this part of Contra Costa
0:50:24has seen more than its fair share of these issues.
0:50:29And I think on screen you're what we've put together
0:50:34on screen OK, and if it's yeah, I'm
0:50:39happy to share the presentation on your Yeah, I am.
0:50:44What did you did I guess.
0:50:47Why do we do that?
0:50:47I can pull it up for you here.
0:50:49Just give me one quick second So if you could go ahead
0:51:10and go to the next page.
0:51:13Just want to remind everyone you are a safety
0:51:16company wherever you are.
0:51:18Please make sure you have two exit routes
0:51:21If there is an earthquake, drop cover and hold and notify
0:51:23emergency service if you have any issues,
0:51:26you can go to the next page.
0:51:27I'm going to get into what is insulator
0:51:30washin Why are we here?
0:51:33And the whole issue is this insulator washin
0:51:37As you look at the pole right there what you are seeing,
0:51:43this is a crew washing the electric pole
0:51:45and there are cross arms with the transformer and then
0:51:49another cross arm and you see a little bulb on the top of that.
0:51:53That is the insulator that carries the power line
0:51:57And that insulator keeps the power line
0:52:00from from touching the pole, which if it would touch
0:52:05the pole, it would create a short in the line,
0:52:07would go out just like if you were
0:52:09in your house in the a circuit gets overloaded when what we
0:52:14have as an issue is contaminants can build up
0:52:19and they come in contact with those insulators.
0:52:22So when you have a usual time where there is rain,
0:52:28it washes off certain contaminants that can get on
0:52:31as insulators Unfortunately, with all the dry winters,
0:52:35drought conditions that contaminant has started
0:52:38to build up and we have run into a problem where because we have
0:52:44fog and other things come in and they
0:52:47moisturize the contaminants without washing them off,
PG&E returned to explain the pole fires, and began with the mechanism.
Darren Klein, manager for the Bay Area local government affairs team, noted the same presentation had been given in Richmond, since “this part of Contra Costa has seen more than its fair share of these issues.”
The component at issue: on each pole, above the cross arms and transformer, sits “the insulator that carries the power line.”
Its job: “keep[ing] the power line from touching the pole — which if it would touch the pole, it would create a short in the line.”
The failure mode: “contaminants can build up and they come in contact with those insulators.”
Normally rain “washes off certain contaminants,” but “with all the dry winters, drought conditions, that contaminant has started to build up.”
Then fog arrives and moistens the contaminants without washing them off, which “creates an arc flash” — a short, or “an actual pole fire” as the wooden pole gets wet.
PG&E attributes the pole fires to fog wetting contamination that rain would normally have washed away, creating an arc across the insulator. It names salt air and refinery emissions between Richmond and El Cerrito as the local sources.
09 Driest since 1977 captions 701–760
0:52:51it creates an arc flash that creates a problem where you
0:52:56will have short on that line or you will have an actual pull
0:53:03fire happen with the cross as wooden poles get wet
0:53:07and insulators get gone around you run into this problem
0:53:13If you could go to the next page So what we have run into here
0:53:19in your area in particular, and I
0:53:21want to stress i have a map that shows you are not the only ones
0:53:25that suffer from this problem.
0:53:27The issue really comes down to contaminant
0:53:30build up where when you are near certain factories
0:53:34and certain Sure.
0:53:37Line issues where you get salt in the air
0:53:40and we have refinery issues that are between Richmond and El
0:53:44Cerrito those types of contaminants build up
0:53:49on to these insulators or the little squiggly line
0:53:54that you see above on top of contaminants
0:53:56build up the lack of heavy rainfall Now,
0:54:01i just want everyone to note that this year, until we had
0:54:06the rains we had the driest period in the Bay Area
0:54:11since nineteen seventy seven And so usually rain washes
0:54:18these contaminants off off the insulators
0:54:21and instead what has been happening when we don't get
0:54:24that rainfall is you have moisture
0:54:26and contaminants get together In other words, a light rain, fog,
0:54:31and then you have this ignition and this fire risk.
0:54:34Traditionally we wash these insulators.
0:54:39We have not been washing the insulators as much
0:54:41as we should have been because of the dry conditions
0:54:45that we've been getting.
0:54:46And it is create a greater risk So what we have done
0:54:50is moved in more pollwatchers and we have increased
0:54:54our amount of pole washing As you can see, time between rains
0:54:59is that increases You'll see that the possibility
0:55:03of ignition goes up.
0:55:05What we traditionally see in the area
0:55:08is that you'll get some issues in San Francisco
0:55:12and then we get some issues in richmond,
0:55:14then we get some issues that happened out in Monterey.
0:55:17That's similar issues have happened this year.
0:55:20And we realize we have to wash the polls
0:55:22more due to the changing environment Next page, please.
0:55:29So as I was talking about what is happening with the rainfall
0:55:33in El Cerrito, this is what we have
0:55:37had the the largest issue with.
0:55:40As I've told you, it's been the driest
0:55:42it's been There has been no there's
0:55:45been no rainfall in June, July, August,
0:55:48and coming into September, traditionally
0:55:52what we see is normal is this is what we're used to seeing.
0:55:56This is what we see is the departure from normal So as we
0:55:59looked at twenty eighteen and we looked at twenty nineteen
0:56:03we were predicting the same type of rainfall
0:56:06Even though you see this departure from normal,
0:56:09we still were predicting the same kind of lack of rain
0:56:12or we thought there would be some more rain.
0:56:14We were wrong Twenty, twenty.
0:56:16And that's what created a situation
0:56:18where we had several ignitions in Richmond and in El Cerrito.
0:56:25Now, one of the thing that we are doing a lot of things
0:56:27differently this year.
Klein set out the conditions that produced this year's ignitions.
The sources of contamination here: “salt in the air” from the shoreline, and “refinery issues that are between Richmond and El Cerrito.”
The rainfall: until the recent storms, “the driest period in the Bay Area since 1977.” No rain in June, July, August or into September.
And the admission about their own forecasting: looking at 2018 and 2019, “we were predicting the same kind of” rainfall, or thought “there would be some more rain.”
“We were wrong.”
That is what “created a situation where we had several ignitions in Richmond and in El Cerrito.”
The maintenance consequence: “we have not been washing the insulators as much as we should have been because of the dry conditions” — and “it [has] create[d] a greater risk.”
On maintenance: the company had “moved in more pole washers” and “increased our amount of pole washing.”
PG&E says it expected rainfall like prior years, was wrong, and had not washed the insulators as much as it should have because of the dry conditions. It has since moved in more pole washers.
10 Washing more, and tracking ignitions captions 761–989
0:56:28So that we can track this problem
0:56:30and make sure that we're washing the Pollsmoor.
0:56:33And we also track ignitions so if you could
0:56:37go to the next slide as we're talking about this,
0:56:41this is where as we have seen this problem
0:56:45we're now committed to doing insulator washing, not
0:56:49just once each year.
0:56:50Right.
0:56:51We always plan to conduct insulator watching
0:56:53each year in dry years.
0:56:55We are going to increase the rate that we are washing polls
0:56:59even with the rains we've had, we are still
0:57:01washing cold in your community.
0:57:04Because we are not one hundred percent out of fire danger.
0:57:07The other thing that we do is we track every ignition so
0:57:13ignitions from wildfires what we track,
0:57:16but we also track the ignitions from these pole fires.
0:57:18So we're able to map where these are
0:57:21how they go through our system.
0:57:23And so that we can predict and start making changes where we
0:57:26are finding our problems is some of the insulators need
0:57:30to be updated as the insulators get updated
0:57:34over time and with bigger insulators that are larger
0:57:37and not as easy to create Those are flashes when they get wet
0:57:41And now when I say get wet, i mean
0:57:42with contaminants on there.
0:57:44It's oK for them.
0:57:45We want to get wet so they get washed off.
0:57:47But what i want to show here is that as we have looked
0:57:51at like as we have looked at this,
0:57:52there are six main areas where we get these poll fires.
0:57:58You are no it's city of Richmond.
0:58:02Alshehri.
0:58:03Is no one said san Leandro.
0:58:06Hayward is number two So what kind of happens You go from one
0:58:11to two, three doors down in Salinas Valley Salinas
0:58:14Valley has a lot of air contaminants due to the farming
0:58:18that goes on down there.
0:58:21When you get down into Fresno, kings County,
0:58:25that's where you run into the oil industry.
0:58:27And a lot of stuff that they do with pumping oil and moving
0:58:31things to barrels, to refineries in creates a lot of particulate
0:58:35that we see gets caught onto these insulators.
0:58:38That's what we need to wash off.
0:58:41That is what our goal is.
0:58:43There are other things that create our Flash's squirrels.
0:58:47Sometimes birds that will hit an insulator So
0:58:50it's not always this problem where insulator washing would
0:58:54eliminate the problems with a pole fire,
0:58:57but sometimes animal or other kind of debris
0:58:59will create a problem.
0:59:01The number one problem in El Cerrito, just so you know,
0:59:04is metallic balloons.
0:59:06A metallic balloon will get up and act the same way
0:59:08and create that short and an arc flash.
0:59:11So you'll see us put out press releases And if you could go
0:59:14to the next slide, you'll see us put out
0:59:16press releases around Valentine's Day graduation et
0:59:20cetera, saying, please don't get metallic balloons because they
0:59:23do create these problems.
0:59:25So in Contra Costa County, here, what we are targeting just
0:59:28so you know, is washing about a thousand electric power poles
0:59:32per crew per week We have six thousand electric power
0:59:36poles that are between your community
0:59:39and Richmond that are targeted circuits
0:59:42And we believe all of this work to get
0:59:45them all by November 15th.
0:59:47We are, like I said, as you see here, unless heavy rainfall
0:59:52occurs now, heavy rainfall has occurred,
0:59:55but we are still going through these areas
0:59:57because with the extended period of dryness,
1:00:01we're not sure that we're all of kind of really washed off.
1:00:05Well, So we are checking the poles
1:00:07in going through and doing all of our work
1:00:10through November 15th.
1:00:11You may be seeing some trucks go through the neighborhood
1:00:16that the next slide just so i'm sorry.
1:00:21OK, you might be seeing some some folks in the neighborhood
1:00:26going through because we have seen that the largest
1:00:30incident that we have is this area right here
1:00:33El Cerrito is in what we call the buffer zone.
1:00:36That's the purple and the purple and blue.
1:00:39The incident zone is the blue, but the purple area is is what
1:00:43we have seen is higher risk.
1:00:45So that's where we had made sure to go
1:00:48through actually before our presentation tonight.
1:00:51We have clean we have cleaned all of these areas.
1:00:53This is the number one area We've had
1:00:57a conversation with the city.
1:00:59Richman's about three weeks to go where we were
1:01:01in the process of getting through these areas
1:01:04about four weeks ago.
1:01:05We have gotten through those areas Next slide, please.
1:01:10And this is the final slide just want people
1:01:13to understand what's going on.
1:01:16A truck like this with water comes through
1:01:20There's a person that sprays the pole You might get some
1:01:24of the the gunk that is on insulators
1:01:28will come down onto the street into the gutter
1:01:30where it usually gets washed down into the storm drains.
1:01:34It will land on some cars.
1:01:36So if we do as we're cleaning, if we do get some on cars,
1:01:40we will put a car wash coupon there
1:01:43so people can get their cars cleaned.
1:01:45There are no chemicals used with the water.
1:01:47That's the nice thing here is is just straight water
1:01:50cleans these off.
1:01:52That's the way the insulators are made.
1:01:53So we just use water There's no chemicals.
1:01:56There's no dawn liquid deterred in.
1:01:59I think someone asked me one time it just straight
1:02:02water that cleans those off So that is our present
1:02:06this evening.
1:02:07If you want to go back and look at some of the map
1:02:08slides I know I jump through a few quickly
1:02:14but here to answer your questions I would say Nicarico
1:02:28and darren, thank thank you for coming
1:02:30back and explaining this to us.
1:02:34As council member.
1:02:35Avildsen has a question.
1:02:36Yes, You said that it's only clean water as though we don't
1:02:42need to worry about it, that is that clean water plus gunk,
1:02:49as you call it.
1:02:50Yeah, doesn't it go to the bay Well,
1:02:54the gunk is natural occurring stuff.
1:02:56That we already have.
1:02:58And so the amount of water that's used to clean off
1:03:00these insulators is not a huge amount of of concern
1:03:05to be concerned that the gunk, I think Well, ma'am, the the gunk
1:03:10is made up mostly of bird poop and other natural
1:03:15occurring things in the air.
1:03:17So there's not any chemicals outside of what
1:03:21you say, stuff like that.
1:03:23OK, thank you.
1:03:26Yes, Councilman rudnick, thank you, Mayor Welcome, PG&E.
1:03:33Appreciate you guys being here.
1:03:35I am in North Side Street resident, my colleague,
1:03:38the mayor pro Tem Quintel also is and to quote game of Thawne,
1:03:43a Game of Thrones The North remembers
1:03:47And it has been a very trying few months Not only I can speak
1:03:52from personal experience, but I'm
1:03:53hearing a lot from constituents also our firefighters.
1:03:58When we have these events and these polls are exploding,
1:04:02which is essentially what it is.
1:04:04They're have been some really significant safety
1:04:07risk for our personnel as well as Richmond Fire
1:04:10And of course, there's regular fire concerns.
1:04:13But these are things that we really i understand PG is
1:04:18a very large organized should.
1:04:20But the consistency and the just the sheer frequency
1:04:26and the persistence of this issues to I
1:04:29know in my neighborhood who has generators are not
1:04:32And it's only because here that it's really
1:04:35only because of GONK when I don't see any
1:04:39of the other cities around us having gonk in the same way
1:04:44I know that Berkeley Oakland, we're
1:04:46not seeing the same issues The significance that we're
1:04:48seeing here in Ossorio.
1:04:50Also on that slide you have is your first city of Richmond
1:04:53being the priority and then you have second as San Leandro
1:04:56hayward.
1:04:57It really would have been nice if El Cerrito was added to that
1:05:00because we are sharing the same powergrid I had a power
1:05:05outage at one that was twenty two hours I
1:05:08have someone in my house who uses a medical device that
1:05:10needs power.
1:05:12These are real issues and i understand the rates
1:05:15that we are paying for this and it's really sad that whenever
1:05:19it's raining my whole neighborhood
1:05:20is nervous that we're going to lose power
1:05:23and we don't know when it's coming back.
1:05:25And I'm getting a lot again, I've heard of a pet fish that
1:05:29died because the because the power was out
1:05:33and it couldn't run the pump.
1:05:34And this poor five year old girl lost her fish.
1:05:37So these other silly But it's also not because we really
1:05:44power is critical for us and it's it's kind of a shame
1:05:48that it's come to this that I can think of a half dozen power
1:05:53outages in there long We'll have 16 hour
1:05:57power Sixteen hours, eight hours and it's it
1:06:02makes me really sad.
1:06:04So i just need to be able to share
1:06:08So what I'm hearing i'm happy to give you more specific stories.
1:06:12I had one neighborhood enough power for over two days.
1:06:14So when you look at bart food that's been lost it's a lot.
1:06:22So I I understand your concerns.
1:06:25This is the first year that we have experienced
1:06:28these kind of pole fires and el Cerrito in Richmond
1:06:32are not alone.
1:06:33When I showed you that map, I wasn't trying to rank anybody
1:06:37first, second, third or fourth.
1:06:39I was actually trying to just point out zones where we have
1:06:42had these issues We have had more outages actually
1:06:48down in the Salinas monterey area
1:06:50that we are very embarrassed about.
1:06:53Where we've run into the same issues that you have
1:06:56have run into here in Richmond.
1:06:57And Alfredo Oakland and Berkeley.
1:06:59There has been i can't explain why there is such a difference
1:07:05but it is there are different micro climates that we have
1:07:09run into where we have seen different things happen
1:07:12in these areas.
1:07:14The pull fire issue is something that popped out today by popped
1:07:18out in the last few months.
1:07:19And that's what we're trying to address this evening with
1:07:23or trying to address this these months so
1:07:26that we can hopefully provide a better situation
1:07:31for your constituents.
1:07:34I don't like the fact that we weren't watching polls
1:07:38as much as we That's something that we
1:07:41learned in this process.
1:07:42We have also changed the process so that hopefully people
1:07:45can have more reliable electricity
1:07:48and i've I have heard the stories of your community
1:07:53and all the other community I, I wish
1:07:57I had better answers for you being without power
1:08:01for six hours doesn't work.
1:08:04We also went and had program that it
1:08:07was called enhanced Power.
1:08:09Shuta where we were shutting off circuits
1:08:12and kept them off longer so that we could make sure that they
1:08:15didn't spark a fire And what we hope
1:08:17to do with our new ignition control center
1:08:21is match every single fire ignition no matter what it is.
1:08:26Analyze why it happened, be able to map it.
1:08:29And that's why we have what is called
1:08:30our hauk, which is a hazardous awareness warning center.
1:08:34And they're taking all that information in
1:08:36so that we can better predict as we go forward where we might
The response described has two parts.
The commitment going forward: insulator washing “not just once each year” — in dry years “we are going to increase the rate.” Even after the rains, “we are still washing” poles in the community, “because we are not 100% out of fire danger.”
On data: they track every ignition — “ignitions from wildfires… but we also track the ignitions from these pole fires” — so they can “map where these are” and “predict and start making changes.”
The equipment change: “some of the insulators need to be updated” to “bigger insulators that are larger and not as easy to create” an arc when wet.
The pattern he described is regional: issues in San Francisco, then Richmond, then Monterey.
He named six main areas of pole fires, among them Richmond and El Cerrito, San Leandro and Hayward, the Salinas Valley and Fresno. Other causes include squirrels and birds, and “the number one problem in El Cerrito… is metallic balloons.” Crews were washing about a thousand poles per crew per week, aiming to cover 6,000 targeted poles between Richmond and El Cerrito by 15 November, using plain water. Abelson asked about runoff to the bay; the gunk, he said, is mostly bird droppings and naturally occurring material.
Rudnick described the toll on the north side: exploding poles that put firefighters at risk, a 22-hour outage at her home where someone relies on a medical device, neighbors without power for over two days, and Berkeley and Oakland not seeing the same. Klein said this was the first year of these pole fires, other regions had had more outages, and he did not like that PG&E had not been washing poles enough; a new ignition center would analyze every ignition, and he asked the Council to “hold us accountable.”
The fix is more frequent washing and larger insulators, both maintenance responses rather than structural ones. The structural answer — undergrounding — is what the Council asks about next, and the answer is that the case has not yet reached the regulator.
11 Is our grid different? captions 990–1034
1:08:40have some of those problems.
1:08:42So I can say to you, we're going to do a better job.
1:08:45I hope that you all remember what i've said this evening.
1:08:48And hold us accountable for that.
1:08:51I have been promised from everyone
1:08:53that works at PG&E that we're going to do a better job this.
1:08:56And I hope with our meteoroid which has gotten so much bolder
1:09:00and better that we will be able to see these dry patterns more
1:09:04succinctly and be able to wash polls four times a year
1:09:07if that's what we need to do.
1:09:09And and make sure we bring the right resources
1:09:11to the right problem and then question,
1:09:14I threw a lot of comments at.
1:09:15The question I have is that is there
1:09:17anything about the infrastructure itself?
1:09:22That it's different from the structure and other places?
1:09:25Is there any doubt about how our grid is laid out?
1:09:28That's different from other places?
1:09:30No, there isn't And I do appreciate that question.
1:09:33We get that question a lot And that's
1:09:36one of the reasons we wanted to point out
1:09:37that the issue that you are seeing with the Pole fires
1:09:41is in certain areas that happen at certain times of the year.
1:09:47The we do replace Poles every year,
1:09:51so we update poles every year.
1:09:52And the insulators that are on top of those poles, those all
1:09:55get updated every year.
1:09:57So the poles that we are seeing, some of these issues with
1:10:00have some of the older insulators.
1:10:01So we're going to be replacing those insulators.
1:10:04But that's all over our system.
1:10:06The insulators everybody, you know,
1:10:08we start moving in newer technology
1:10:11that's all done everywhere.
1:10:13The same way.
1:10:14So what we're seeing here is the extreme dryness, the issues
1:10:19with air particulate and what is in the air
1:10:24and how it comes across your section of West contra Costa
1:10:29Thank you.
1:10:30Appreciate your time.
1:10:32It's a member of the Yaama Thank you, Mayor,
1:10:36and thank you for coming to speak with us this evening.
1:10:40And this is really interesting I did not know that there was
1:10:44a problem that housing poor fires
1:10:48So I have a question which I did pose to your colleague
Councilmembers asked whether something about El Cerrito's infrastructure explained the concentration.
The question: “is there anything about the infrastructure itself that's different from… other places? Is there any[thing] about how our grid is laid out?”
The answer: “no, there isn't” — and he appreciated the question, because “we get that question a lot.”
Poles and insulators “all get updated every year,” and moving to newer technology “is all done everywhere… the same way.” The poles with problems simply “have some of the older insulators.”
So the explanation is environmental: “the extreme dryness, the issues with air particulate and what is in the air, and how it comes across your section of West Contra Costa.”
Asked whether El Cerrito's grid is different from elsewhere, PG&E says no, and points to extreme dryness and particulate in the air. Poles with problems have older insulators, which are being replaced.
12 “Pretty old and… janky” captions 1035–1056
1:10:53before about the longer term view So we do have pretty old
1:11:00and I would say janki infrastructure for our polls
1:11:03here and elsewhere.
1:11:04I don't know if it's junkier than other places,
1:11:07but it's pretty old.
1:11:09I do see a lot of glass insulated
1:11:12really old ones still round.
1:11:15If you're not using Maybe they're just stuck there
1:11:18but it just is not up to the infrastructure here.
1:11:23So i know that there was some funding passed
1:11:26to start to underground power poles in high fire danger areas
1:11:31and we do have that urban wildland interface here at L
1:11:35And I was wondering if you had any information on the timing
1:11:39and sort of the selection process for areas
1:11:42that we'll get underground.
1:11:44Ultimately, the more high tech infrastructure
1:11:48like that real real infrastructure investments will
1:11:51reduce the cost of things like having to wash our poles twice
1:11:56or four times or six times a year.
1:11:58Or being concerned about community and particulates
1:12:03from the refinery or whatever it is that we're dealing with.
1:12:06So I was wondering if you had any updated information for us
Motoyama pressed for the longer view, and put the question in terms of cost.
Her description of what she sees: “pretty old and I would say janky infrastructure for our poles” — including “a lot of glass insulated really old ones still around.”
Her reference point: funding “passed to start to underground power poles in high fire danger areas,” and El Cerrito has “that urban wildland interface here.”
What she wanted: “information on the timing and… the selection process for areas that will get undergrounded”.
And the argument for it, made on economics rather than safety alone: “real infrastructure investments will reduce the cost of things like having to wash our poles twice or four times or six times a year” — or worrying about “particulates from the refinery.”
The argument for undergrounding is made as a cost argument: repeated pole washing is an operating expense that capital investment would reduce. The Rule 20A undergrounding allocation is raised again in July 2023.
13 Ten thousand miles, not yet approved captions 1057–1220
1:12:10on when we could hope to see some infrastructure like that,
1:12:14something else areto so the infrastructure
1:12:18that ulcerate has, you have some of the most up to date
1:12:21equipment we have just been doing upgrades to El Cerrito
1:12:24substation We call it El Cerrito All of those transport
1:12:29and everything or some of the latest technology
1:12:31that that PG&E has the when you go around
1:12:35and you might see some glass insulators on a pole,
1:12:38if an insulator is doing its job,
1:12:40then we will replace that as we go through the lifecycle
1:12:44of those products.
1:12:45And then you can drive through Oakland,
1:12:47you can drive through san Francisco, Marin,
1:12:49and you'll see the same kind of situation
1:12:51as we switch out insulators and try to bring the resources that
1:12:54are needed so that we can keep rates affordable for so
1:13:01that you we're constantly weighing those two
1:13:05and that's why your substation has been updated
1:13:09with a lot of banks because you have had growth in we've had
1:13:12to increase capacity but we've also
1:13:14had to increase reliability And that's what
1:13:16you got at that substation.
1:13:18So you do have a lot of that latest kind of technology
1:13:21And when it comes to underground right now,
1:13:24we are putting together our case to underground 10
1:13:26thousand miles.
1:13:28That case has to go to cPK and our regulator
1:13:31has to look at that case and has to approve it.
1:13:34So I don't know any of the specifics
1:13:39when it comes to what that underground would be
1:13:41or where it would happen.
1:13:43I do know that it will go into the high fire threat district's
1:13:47I do know that where you have wildfire interfacing
1:13:51areas with what we could call tier one areas which don't have
1:13:55wildfire risk you will have some underground in those tier one
1:13:59areas as they come up against those high fire threat
1:14:02areas of we will be looking at doing our best to try
1:14:07to start that underground in here
1:14:09within the next year or two.
1:14:11And we are having reaching out to all of our cities
1:14:14to get feedback on what they think about underground Now,
1:14:17what what concerns you have in the community
1:14:20we will be having coming back and having these conversations
1:14:23about underground and letting you know
1:14:25where we are in the process.
1:14:26As we go through the process.
1:14:28So my my commitment to to you and your city council
1:14:33is to come back and give an update on where we are
1:14:35with underground as it gets filed with our regulator
1:14:39and go through all of those steps Thank you very much.
1:14:45Council member wilson.
1:14:47Yes, I just have a question related to what was just said.
1:14:50The underground on the surface sounds like a fantastic idea.
1:14:58In assorted However, when you would if you went underground
1:15:04you would not underground one's personal property, say,
1:15:09a house or something to the house,
1:15:13rather Are you would you would would you then
1:15:17be expecting the property owner to undergo
1:15:22underground to pay the underground cost
1:15:26from the street to the house?
1:15:29So when we talk about underground
1:15:32and we're talking about underground in our distribution
1:15:34lines that go to service So we have a we
1:15:37have our transmitter in lines.
1:15:39We have our distribution lines, and then we
1:15:40have service lines Those service lines
1:15:43have not proven to be a risk.
1:15:45So we wouldn't be underground long service lines
1:15:47if somebody would like their service line underground
1:15:50from a distribution circuit that would be at their cost
1:15:56But that's because the service lines don't have that risk.
1:15:59And and that has been the way our regulator
1:16:02has wanted to do that.
1:16:03The reason that our CEO has been talking about underground 10000
1:16:07miles distribution line is we know that our regulator has
1:16:10said we want to look at affordability in underground
1:16:13is usually ten times more expensive.
1:16:16Than overground But we believe that with the savings
1:16:20like council member Mohtarma talked about,
1:16:23and with economies of scale, that we can
1:16:26underground for more miles at a cheaper rate
1:16:28And that's the case.
1:16:29We're trying to put together to put in front of our regulator
1:16:32to say that we can keep this affordable for us
1:16:35to be able to do this plan.
1:16:36We're going to have to come back to you all
1:16:38and ask for your support and say hey,
1:16:40we think we can do this in your community.
1:16:42And, you know, let's convince the regulator.
1:16:44So I would be asking for support as we
1:16:46talk to you about underground throughout the system.
1:16:49It is a very different way of looking
1:16:52at how power lines are done.
1:16:54Nobody has done any kind of underground thing
1:16:56on this scale.
1:16:57So it's going to be a continuous conversation
1:16:59I wish I had specific details.
1:17:01Council member wilson.
1:17:03I just don't.
1:17:04We're in the process of creating the case because
1:17:06with the wildfire risk, we carry it just
1:17:09seems to make sense right now.
1:17:10To underground this distribution circuit Would that include
1:17:13such things Looking at the power lines that come down
1:17:19the hill, the massive ones that go to the power station
1:17:23to those we're looking at transmission lines
1:17:26and distribution lines, the greatest risk
1:17:29that we have right now, we believe within the distribution
1:17:32lines we will be looking at underground
1:17:34in transmission lines and in some cases
1:17:36it does make sense to do that.
1:17:38And we are looking at that.
1:17:39I can't promise that, like the transmission
1:17:42line is not part of the ten thousand miles
1:17:44we have to get underground it.
1:17:46But yes, we are looking at some of those large wires come
1:17:51over the hill, so to speak.
1:17:52As to what can we do to make sure that they are
1:17:54safer before we underground.
1:17:56Those, though, council member Avildsen I
1:17:58just want you to know we are hardening
1:18:00those transmission lines.
1:18:02We're making sure that they are covered what is called
1:18:04covered conductor So there's extra coverings on those wires
1:18:08to make sure that we don't have things
1:18:11that could spark a wildfire or anything like that.
1:18:13So we do have a program on those lines
1:18:15to to make sure that those are hardened
1:18:17and we're going to continue to harden
1:18:19those and then figure out if some of those
1:18:20should be underground.
1:18:22But you're going to see some of those lines
1:18:24underground in the in the Bay Area.
1:18:26I'm just not And those are called transmissions Those
1:18:30are the transmission lines.
1:18:31Yes, ma'am.
1:18:32Those are the ones that take big power
1:18:34and move it across the state.
1:18:37And then the distribution lines of the ones
1:18:39in your neighborhood that come from the substation like El
1:18:41Cerrito, that come from that substate And you have
1:18:44a big significant substation in El Cerrito It brings
1:18:48in your transmission and then it actually feeds other substation
1:18:51options to do distribution So it's a very
1:18:54important substation to us.
1:18:55You all have worked well with us as we've
1:18:58made improvements there.
1:18:59So we appreciate that.
1:19:00And, you know, we hope to continue our partnership
1:19:06that that i will pay their decision on I was just going
1:19:20to say the beauty of Chris Tredway
1:19:23is that if he was still writing for the West county Times,
1:19:26this would be an article in the paper and our citizens,
1:19:30our residents would know that this is a local issue.
1:19:32So that's the importance of journalism that has gone away.
1:19:36But my what my first point, Daryn, is that that undergrad
1:19:42effort that you're talking about, if I'm correct
1:19:45and I read the press release correct,
1:19:46it's a billion dollar promise that PG&E has given to us,
1:19:49right?
1:19:50Yes, sir.
1:19:51It's probably not.
1:19:52Yeah, so we look forward to communicating
1:19:56back with us in any way we can to make that happen.
Klein answered on equipment and undergrounding.
First, a correction on the local equipment: El Cerrito has “some of the most up to date equipment,” with upgrades just completed at the El Cerrito substation — adding capacity for growth and “increas[ing] reliability.”
On the glass insulators she had noticed: “if an insulator is doing its job, then we will replace that as we go through the lifecycle” — the same picture in Oakland, San Francisco and Marin, balanced against “keep[ing] rates affordable.”
Then the undergrounding position: “right now we are putting together our case to underground 10,000 miles.”
The constraint: “that case has to go to” the CPUC, and “our regulator has to look at that case and has to approve it.”
So: “I don't know any of the specifics… what that underground would be or where it would happen.”
What he could say: “it will go into the high fire threat districts” and where there is wildland interface.
He said PG&E hoped to start undergrounding in the area within a year or two and would come back as the case was filed. Abelson asked who pays for lines to the house: service lines carry little risk and would be undergrounded only at the owner's cost. Undergrounding is usually ten times more expensive than overhead lines, and PG&E would ask cities to support its case for economies of scale. Big transmission lines over the hill are being hardened with covered conductor. The Mayor called it a billion-dollar promise and said Treadway, were he still writing, would have made it a local story.
PG&E's 10,000-mile undergrounding program had not yet been submitted to its regulator, so no city could be told whether or when it would be included. PG&E said undergrounding would go into high fire threat districts and adjoining areas.
14 Salt, dust and birds captions 1221–1289
1:19:59We have a lot of streets like Richmond
1:20:01that need to be repaired and we'd
1:20:04like to coordinate all that.
1:20:05So that we have this kind of conflict
1:20:08among our community when this happens.
1:20:10So thank you for that.
1:20:11My other questions about GONK and councilman baramati,
1:20:17I'm kind of hit on it.
1:20:20I was wondering Richmond elsewheres,
1:20:22no one in the state.
1:20:23Is it because of the refineries It's
1:20:25not number one in the state.
1:20:27It was just marked that way on the map
1:20:29to say there are six areas that we're concerned about.
1:20:32We have had more problems in Salinas
1:20:35because of the dirt that gets kicked up from farm equipment,
1:20:39ag equipment, and stuff like that where the gunk has been
1:20:41much worse The gunk that we have found
1:20:46is salt coming off of the bay in the air.
1:20:50That salt is part of the gunk and creates
1:20:54a little bit bigger problem.
1:20:56Now, we didn't have this problem in prior years.
1:21:00To this to this dramatic extent that we've had with the longer
1:21:04outages and everything this year seem to be well,
1:21:10a kind way to say special This year
1:21:14we did not realize with how dry it was that it was creating
1:21:19such a problem and what happens with the salt and all
1:21:25of that stuff is when a fog comes through that acts
1:21:29like a sponge.
1:21:30So usually it gets wet enough that the gunk
1:21:33falls off of an insulator because they're
1:21:35bell shaped here.
1:21:37This gunk just wasn't getting enough moisture
1:21:39because it was so dry that it was like a sponge
1:21:43that created kind of an electric circuit that went
1:21:46around the insulator, hit the pole,
1:21:49and then there was an arc flash and and now this arc flash can
1:21:54happen if a squirrel or a bird flies up against the insulator
1:21:57and part of the bird hits the pole
1:22:01and part the bird hits the wire, that also creates an arc flash.
1:22:04And you'll have an outage.
1:22:06And we've had outages where we found like a dead bird
1:22:09at the bottom of the pole and we realized
1:22:10that's what created the outage.
1:22:14I'm not saying that's the whole reason why
1:22:16this happened was the birds.
1:22:17This was the gonk, and that is just made up
1:22:21in the salt we believe is what makes it a little bit more
1:22:24acute.
1:22:26And that's what we've been looking at and
1:22:28and washing more So we will stay in touch.
1:22:30Are there any other questions or comments before we
1:22:33move on Nicarico?
1:22:36Daryn, thank you very much for coming.
1:22:38We expect to keep this relationship strong.
1:22:41Oh, you got mayor.
1:22:43Thank you.
1:22:44Thank you very much.
1:22:49Want to move on now to public hearings.
1:22:51And we start with the fire hazard
1:22:53Our continuous fire hazard abatement process
1:22:57here in El Sarino, which is somewhat similar themes going
1:23:01through all the things that we talk about
1:23:03and we're going to be adopting a resolution declaring weeds
1:23:07and rubbish litter on certain real properties, a problem
1:23:12And then we may be we will be conducting a public hearing,
1:23:15possibly upon conclusion, adopt a resolution ordering over
1:23:22overridingly objections by the property owner
1:23:24if he or she is here Chief Peconic can we hear from you,
A councilmember asked PG&E to coordinate with the city on streets such as Richmond that need repair, so residents are not hit twice.
Asked whether the Richmond and El Cerrito area was marked first in the state because of the refineries, the PG&E representative said it was not: the map simply showed “six areas that we're concerned about.”
Other places had it worse — Salinas, where dirt kicked up by farm equipment fouls the insulators. Here, he said, the problem is largely “salt coming off of the bay in the air.”
The mechanism again: in a normal year the bell-shaped insulators get wet enough for the “gunk” to fall off; this year fog acted “like a sponge,” carrying current around the insulator to the pole.
He added that birds and squirrels bridging wire and pole cause arc flashes too — “we've had outages where we found like a dead bird at the bottom of the pole” — but said the salt was the main factor this year.
The Mayor thanked him and the Council moved to the fire hazard abatement hearing.
PG&E puts El Cerrito's pole fires down mainly to bay salt, not refinery emissions, and says the area is one of six of concern rather than the worst in the state. Salinas, with farm dust, had it worse.
15 One property captions 1290–1331
1:23:29please?
1:23:30Most certainly.
1:23:31Good evening, Mayor and Councilman members.
1:23:35Tonight's our theme tonight is something you have seen already
1:23:40a few times this summer.
1:23:43It's dealing with the fire hazard abatement program
1:23:46As you're aware, this was design and a number
1:23:49back in a number of years ago, back
1:23:51in I believe, nineteen ninety three in an effort
1:23:55to reduce the fire hazards on a large number
1:23:58of the public properties within the city.
1:24:03Tonight, we're here to, as you stated,
1:24:07to adopt a resolution declaring the rubbish in particular, one
1:24:13property as a as a fire hazard.
1:24:17And if need be or and then to conduct a a public hearing
1:24:22and potentially adopt a resolution overriding
1:24:27any objections to it, again, this
1:24:31is as I said, this is a continuing present that we keep
1:24:37coming back to the council as you know, and may
1:24:41of every year, sometimes a little bit earlier,
1:24:43we do a citywide inspector of all the properties this year.
1:24:48We began it on May 10th.
1:24:51And went and basically inspect a almost all the properties
1:24:57and also any complaints that we've
1:24:59got over the last few months.
1:25:02We've come back to you with the same request
1:25:05to adopt different resolution And those properties
1:25:08have been abated and or were cleared by the property
1:25:12owners for tonight.
1:25:14We're coming for just one property.
1:25:17This was a complaint that was that
1:25:20was I was called or emailed in to the fire department We did
1:25:26do the inspection and we have done
1:25:29the appropriate notifications to this property property
1:25:33is located at twenty five or seven Our Avenue which is just
1:25:40adjacent to the task of our park right
1:25:44on the border of the very high fire severity zone.
1:25:48In an area that has numerous trees of various types
1:25:54And while it's on the borderline,
1:25:55it definitely is in a in a high fire danger area
1:25:59for notifications have been made upon the city council dropping
1:26:06its resolution The property owner will have
The fire hazard abatement item concerned a single parcel.
The Chief set out the program's history: designed “back in… 1993 in an effort to reduce the fire hazards on a large number of the” properties in the city.
The annual cycle: a citywide inspection of “almost all the properties” beginning 10 May this year, plus any complaints received since.
Everything from that round had been “abated and/or… cleared by the property owners.”
Tonight's item arose from a complaint emailed to the fire department, followed by inspection and notification.
The property: 2507 Arlington Avenue, adjacent to the park and “right on the border of the very high fire severity zone,” in “an area that has numerous trees of various types.”
“While it's on the borderline, it definitely is in a high fire danger area.”
The abatement program dates from 1993 and inspects nearly every property in the city each May — and this year one parcel reached the Council, from a complaint rather than the inspection. By August 2022 the escalation is 137 notices and 129 violations with 21 reaching the hearing, and the hearing is canceled because everyone complied.
16 “Friend of a friend” captions 1332–1419
1:26:09between November 8th November 19th to abate the property
1:26:15on their own, of which, if it hasn't been done,
1:26:18the city will go in and do the forced abatement
1:26:21and then we will be back in December for a costarring
1:26:27for the council to do that.
1:26:29Ah, goal, of course, is that the property owner will take care
1:26:34of this on their own It's my understanding
1:26:37they have tried today to make some contact
1:26:40with the fire department.
1:26:42I have not got an update on it.
1:26:44But again, if we can get the property owner to mitigate
1:26:47this, that would be great.
1:26:49As far as how we go that's the end of my report.
1:26:54I am available for questions not then.
1:26:58It's it's back to you then to adopt action Any questions
1:27:05from the council chief?
1:27:09You're saying they reached out today to talk I
1:27:13it's my understanding Well, it was basically
1:27:16it was third party that they were trying
1:27:18that the property owner was trying to get
1:27:21a hold of the fire department.
1:27:23Not like I said, it was third party and info friend
1:27:27of a friend I'm hoping, you know, if that is the truth,
1:27:31I'm hoping they are in the public tonight
1:27:34to make a statement And as I said,
1:27:38once we were here to make the declaration,
1:27:41if the property owner does abate property themselves,
1:27:45then there will be no additional, no additional cost
1:27:49to them or or any reason to come back for you to do a cost
1:27:54sharing OK, any further questions,
1:28:00do I have a motion to approve the resolution
1:28:02declaring the property Twenty five or seven
1:28:05Alvar under consideration.
1:28:07It's moved by council member Avildsen
1:28:10and seconded by council member Mohtarma Can
1:28:14we have a roll call?
1:28:17Fidele.
1:28:17I potemkin till i can't remember Eagleson
1:28:22I can't remember Mohtarma.
1:28:25I can't remember.
1:28:26I think I motion carries Thank you at this time.
1:28:31The members of the public who wish to provide public comment
1:28:34for this item should use the raised hand feature
1:28:37to request to speak City clerk can we proceed I
1:28:45do not have any hands requested to speak on this public there.
1:28:48OK, so maybe they didn't hear about this then.
1:28:52Can we have a motion to close the public hearing
1:28:55motion to close Ms. Motion by a council member?
1:28:59Rudnick, and seconded by council member Abels Can
1:29:02we have a roll-call vote on this Fidele I potemkin
1:29:06till I can remember Apison.
1:29:09I can't remember angioma.
1:29:12I can't remember redneck.
1:29:14I carries Thank you.
1:29:17And from your packet can do I have
1:29:19a motion to approve the resolution
1:29:20overridingly objections.
1:29:25Yes.
1:29:25Council member able son i.
1:29:28I'm sorry.
1:29:28I'm move seconded.
1:29:32Thank you.
1:29:34Rudnick.
1:29:35Maybe i have a roll call vote on the split man Fidele.
1:29:39I may have attempted to buy council member Abels
1:29:43in I can't remember my gMA.
1:29:46I can't remember redneck.
1:29:48I motion carries Thank you.
1:29:51Thank you Chief.
1:29:52Thank you.
1:29:53Appreciate all the effort all year long.
1:29:56As we hear it's not just the three month it
1:29:58it's all year long.
1:30:01Yes, it and this is the most significant
1:30:04we do to educate and prep our residents here
1:30:07and also so we really appreciate that.
1:30:10You're most welcome.
1:30:11Thank you.
1:30:13I'm going to move on to accessory dwelling unit
1:30:17regulations and another public hearing
1:30:22that we will have to do on updating our ad.
1:30:25You ordinance may we have a report from our staff.
1:30:33Sean Moss, please.
1:30:36Yes, thank you.
1:30:39Mayor Fidele council members So our assistant planner Diego
1:30:46Romero and I will will jointly give the staff report
1:30:48But I'm going to I'm going to go ahead
1:30:50and introduce the the topic.
The procedure after declaration, and an uncertainty about the owner.
The window: the owner has “between November 8th [and] November 19th to abate the property on their own.”
If not, “the city will go in and do the forced abatement,” returning in December for a cost hearing.
The Chief's preference was clear: “our goal, of course, is that the property owner will take care of this on their own.”
And if they do, “there will be no additional cost to them” and no need to return.
On whether contact had been made: he understood the owner had tried that day — but “it was third party… a friend of a friend.”
His hope: “if that is the truth, I'm hoping they are in the public tonight to make a statement.”
The resolution passed. The Clerk reported no hands raised. Fadelli: “so maybe they didn't hear about this then.”
After the hearing closed, the resolution overriding objections passed.
The Council declares a property a fire hazard while the only report of the owner's engagement is secondhand — and nobody speaks at the hearing. The mayor's remark, “maybe they didn't hear about this then,” follows the Chief's report that the required notifications had been made.
17 A granny unit by any name captions 1420–1482
1:30:51So we're here tonight to discuss an ordinance adopting
1:30:58permanent 80 new regulations or street
1:31:00dwelling unit regulations.
1:31:02Otherwise known as Abu Regulations in the city.
1:31:11To give you some background.
1:31:13So there have been a series of state laws
1:31:17that have been enacted in recent years that have affected
1:31:21the development of accessory dwellings
1:31:24So the first round of state law changes
1:31:27came in back in two nineteen when there were a series
1:31:31of bills that were adopted by the legislature that led
1:31:36to changes to our 80 year ordinance at that time,
1:31:41So at that time, prior prior to twenty seventeen the well,
1:31:48let me just say the the zoning ordinance in El Cerrito
1:31:51has allowed 80 use for a long time.
1:31:55The previous version of our zoning ordinance that
1:31:58was in effect prior to 2008 allowed them are two thousand
1:32:02and eight zoning ordinance allowed them.
1:32:04There have been various terms that have been used so
1:32:07for example, the two thousand eight zoning ordinance
1:32:09referred to these types of units second units, rather, an easy
1:32:12to use but it's the same thing.
1:32:15It's just different, different terms.
1:32:18There, variety of different terms that are used frequently
1:32:21to describe these types of units, accessory dwelling
1:32:24units, accessory living units, second units, in line units,
1:32:28granny units, these are all referring to the same thing.
1:32:33So in twenty seventeen, the legislature
1:32:37adopted a series of laws that required cities to update
1:32:43their regulations with regard to the use
1:32:46So we did that And at that time we saw an uptick
1:32:51in the production of ideas.
1:32:52And I'll describe more on the next slide Sorry, Diego,
1:32:56go back for a second.
1:32:59But in twenty nineteen the state again
1:33:02adopted a whole series of bills and those are all listed here.
1:33:05SB thirteen aB sixty eight five eighty seven six seventy six.
1:33:10Seventy one eighty one It was a whole slew of legislation that
1:33:14all got adopted and signed by the governor around the same
1:33:17time at the end of twenty nineteen that required us
1:33:21to update our regulations again by january twenty twenty If we
1:33:27hadn't done that these state laws would
1:33:29have just gone into effect and it would
1:33:32have been kind of chaotic.
1:33:33The city wouldn't have had any regulations in place
1:33:35to regulate them and we wouldn't have
1:33:37been able to craft any of our own local regulations as well.
1:33:43So we did that.
1:33:44The city council adopted an an interim ordinance I'm sorry,
1:33:49interim regulations as an urgency ordinance on December
1:33:53seventeenth twenty nineteen.
1:33:55So those are the regulations that are
1:33:57in effect right at this moment.
1:34:00But this interim ordinance is expiring
1:34:03and it will expire on December 16th.
1:34:08Twenty twenty one So we are coming back to you
1:34:13with permanent regulations for the development of adios
1:34:20So as you can see from this side as I mentioned,
1:34:23there's been a big uptick in the development of abuse.
1:34:27So like I said, the very first batch of major legislation
1:34:33was passed in twenty seventeen.
1:34:35And so our revised ordinance first
1:34:38our first revised ordinance went into effect in twenty eighteen.
Permanent accessory dwelling unit regulations came forward, replacing interim ones.
The terminology: “accessory dwelling units, accessory living units, second units, in-law units, granny units — these are all referring to the same thing.”
El Cerrito's zoning “has allowed ADUs for a long time,” including under the ordinance in effect before 2008.
The state sequence: legislation in 2017 required cities to update, which the city did, “and at that time we saw an uptick.”
Then in 2019 the legislature adopted “a whole slew of legislation” — SB 13, AB 68, 587, 670, 671, 881 — requiring another update by January 2020.
The consequence of not acting would have been severe: the state laws “would have just gone into effect and it would have been kind of chaotic — the city wouldn't have had any regulations in place” and “we wouldn't have been able to craft any of our own local regulations.”
So an urgency ordinance was adopted in December 2019; it expires 16 December 2021.
Staff say that if the city had not updated its ADU rules, state law would simply have applied, and the city could not have crafted any local regulations.
18 Four to five times as many captions 1483–1700
1:34:41So you can see that in twenty eighteen marks,
1:34:46a turning point and production of a use
1:34:50has increased by a factor of about four to five
1:34:53since that time.
1:34:55Twenty nineteen was was our, our peak year so far.
1:35:00Twenty, twenty was a bit lower and of course
1:35:03we think that that's probably due to the global pandemic.
1:35:07But things are trending upward again.
1:35:08So to date in twenty, twenty one we've had seventeen eighty.
1:35:12You building permits issued so far.
1:35:18So just to give you an overview of this ordinance process,
1:35:21so the Planning Commission considered this ordinance
1:35:24that's before you tonight They recommended approval of it
1:35:27on September.
1:35:28Twenty second.
1:35:30And as i mentioned, the city council
1:35:33must adopt these permanent regulations by November 16th.
1:35:38When our interim ordinance expires.
1:35:42If that doesn't happen, then we'll be out of compliance
1:35:45with state law We won't have any of our own local 82 regulations
1:35:50in place And all of these all the requirements in the state
1:35:54law will still apply but it'll be pretty messy to to implement
1:35:58that if we don't have a local ordinance in place So
1:36:03what we're hoping is that tonight the council will
1:36:06introduce the ordinance and adopt
1:36:08it and conduct the second reading to adopt
1:36:11it at your next meeting.
1:36:13On November 16th.
1:36:20So just to give you kind of an overview
1:36:22of what is being proposed.
1:36:24So jagow is going to go over.
1:36:26I guess I'll start by saying that the proposed ordinance
1:36:30that's before it tonight is very similar to the ordinance we've
1:36:35made.
1:36:35So we've made some small proposed changes as a result
1:36:39of our discussions with staff at the state level,
1:36:42at the Department of Housing and community Development.
1:36:45They've been very helpful in guiding us and making sure
1:36:48that our ordinance is consistent with state law
1:36:51And so all of the changes that you will that Diago will go
1:36:54over are the result of those discussions
1:36:58But other than that, what's before you tonight is
1:37:01is basically the same as the interim ordinance
1:37:06So what that would do so sort of.
1:37:10So when we talk about what the ordinance will do,
1:37:12we're mostly talking about what the interim ordinance
1:37:16has already done.
1:37:17Just to be clear, but this ordinance will
1:37:21would repeal to replace Section nineteen twenty one nine
1:37:24zero of the zoning ordinance, which is where all
1:37:28of the standards for use are are maintained
1:37:34And it would add section nineteen twenty one nine
1:37:37five which is a new section that we created for Junior Eddowes.
1:37:40And I'll go over junior areas in a minute.
1:37:43But that was basically a new Kattegat that the state created
1:37:46and then required us to allow and so we had to create
1:37:49a new section to create the regulations for Junior Avios
1:37:52And in addition to that, there's there's some clean up items
1:37:56We had to add some add and clean up
1:37:59some of use classified stations for different residential uses.
1:38:03So that's in this section here.
1:38:05And there were some terms and definitions that
1:38:08needed to be cleaned up and the OK, street parking requirement
1:38:12Diego is going to go over parking requirements for you
1:38:15to use, but we had to amend that also
1:38:18because it's mentioned in this off street parking chapter
1:38:21as well.
1:38:25So as I mentioned, junior Adios is one of the one
1:38:28The new things that we did as part of the interim ordinance
1:38:32that's continued in this ordinance
1:38:35So Junior is to use our you can think of a junior to use sort
1:38:39of as a it's kind of a converse Usually what
1:38:45they end being a sort of converted bedrooms in a house
1:38:49They do have to have their own separate exterior entrance.
1:38:55But there no more than five hundred square feet
1:38:58They're entirely within an existing single family
1:39:01residence and they can have shared sanitation facilities,
1:39:05meaning shared bathrooms So a junior
1:39:09you doesn't need to have a bathroom within the junior.
1:39:12You the bathroom can be down the hall
1:39:16or otherwise shared with the primary unit.
1:39:19They do need to have an efficiency kitchen
1:39:22and the building code contains some definition with regard
1:39:27to requirements for efficiency kitchens.
1:39:30But basically it's sort of you can think of it
1:39:32as kind of a small kitchen and automat planning approval
1:39:41is the next topic that I'm going to talk about.
1:39:44The last topic that I'm going to talk about before I come back
1:39:46at the end But the this the the state laws that are passed
1:39:52require us to allow certain types of use
1:39:55to proceed straight to a building permit
1:39:58So there's no additional planning approval that
1:40:01is required And so what we're what we're required to allow
1:40:07with when I say automatic approval goes straight
1:40:10to a building permit, And what we're required to allow
1:40:14is one one to you and one Jagdeo So the reason I put
1:40:18attatched detached here in parentheses and the reason
1:40:20for that is that when these new state laws were first enacted,
1:40:27there was different language.
1:40:30So initially we were required to allow one detat state to you
1:40:36and one jayati if you had an attached meaning,
1:40:40it was attached to the to the primary unit to the House
1:40:45then you weren't automatically entitled to have a jayati.
1:40:48You as well.
1:40:50The the legislature has since adopted a clean up bill where
1:40:54they changed one little word that changed in and to an
1:40:57or I think it was an order to an end I think
1:40:59was in order to an end.
1:41:00Sorry.
1:41:01And what that did is that makes it so your
1:41:06your you can now have one can be attached or detached
1:41:10and one Jado and both of those,
1:41:14both of those can go straight to building permit the
1:41:17if the eighty two is detached the type of detached way
1:41:20to use that we have to allow to go straight to a building
1:41:22permit are eight hundred square foot foot maximum They have
1:41:27a minimum of four foot set backs on the rear and the side
1:41:30to the rear inside property lines
1:41:32and there a maximum of sixteen feet tall
1:41:36four properties with multifamily dwellings
1:41:40and duplexes We are required to allow
1:41:48at least one interior Aido and no more
1:41:53than twenty five percent.
1:41:56So no more A maximum number of to use.
1:42:00That's no more than twenty five percent of the number
1:42:03of existing units.
1:42:04If that's clear, and then a maximum of to detach
1:42:08detached to use the other thing.
1:42:11So on properties with multifamily dwellings
1:42:15what the state legislation requires us to allow
1:42:18is conversion of area that are not livable spaces to use
1:42:26So those are areas frequently i'm
1:42:31trying to think of the the types of in state law.
1:42:35There's actual language and it includes
1:42:37things boiler rooms, parking areas, mechanical spaces,
1:42:45things like that.
1:42:48And what what we have seen so far
1:42:50is some existing parking areas converted to either converted
1:42:56to ideas or interest in converting existing multiform
1:42:59parking areas into a use There was a question
1:43:03we got a question today from council member Modi'in
1:43:05and I'm going to try to sort of summarize that question
1:43:10and answer it.
1:43:10But council member money, I'm if I'm not getting it quite right,
1:43:14please follow up at the end with with another question.
1:43:17But the question is basically why?
1:43:20Why is it only these areas that are Invision for conversion
1:43:24to eighty issues?
1:43:25The answer is that that's what's required under the state law.
1:43:28And I think what the what the state was going for was you
1:43:34know, conversion They weren't looking to necessarily take
1:43:40space away from existing residential multifamily
1:43:44residential units to create new new units.
1:43:48What they were you looking at is sort
1:43:50of underutilized, non livable spaces,
1:43:53parking being one of the primary drivers
1:43:57and as we were thinking about this today,
1:43:59actually the there's we've seen this multifamily thing used
1:44:05in a couple of different scenarios
1:44:07and they're pretty different.
1:44:10So what I think the state was targeting
1:44:15was a lot of older apartment buildings and older
1:44:19multifamily properties.
1:44:21The other scenario where we've seen
1:44:23this used is one very newly developed project on San Pablo
1:44:29Avenue was asking about you know, convert
1:44:34some amenity spaces to a use And those
1:44:39are pretty different scenarios.
1:44:41So I think we've been a little bit careful in sort of how we
1:44:45look at this, because what we what we don't want to happen
1:44:47is we don't want we we would like to not incentive is
1:44:54the conversion of things that are amenities for residents
1:45:00into new units in a lot of circum stances,
1:45:04because those those are nice, a nice amenities opens spaces
1:45:08and community rooms and community
1:45:11spaces for existing residents.
1:45:12And we'd like those to be preserved
1:45:15in a lot of instances.
1:45:17So hopefully that answers your question.
1:45:19If I didn't get it quite right, then we
1:45:20can circle back at the end But at this point,
1:45:23I'm going to pass the presentation off to Diego He's
1:45:27going to walk you through a lot of other things
1:45:29that are included in the ordinance.
1:45:30And then I'll wrap up at the end Welcomed.
1:45:40Thank you so the maximum floor area that's
1:45:43allowed for a use are only a studio or one bedroom
1:45:47is up to eight hundred and fifty square feet.
1:45:50If the eighty you can into two or more bedrooms,
1:45:52it's allowed to be up to a thousand square feet and then
1:45:55for attachés to use they're subject to the above standard
1:45:59or fifty percent the primary, all the existing primary
1:46:03dwelling, whichever less, with the one exception that we must
1:46:07allow you, that is eight hundred square regardless of this fifty
1:46:11percent provision for any use, they have a minimum set back
1:46:18of four four feet from the rear end of side property and then
1:46:24detach to use have a max of six feet and then attach it to use,
1:46:29have to comply with the daylight planning requirements.
1:46:31Of whatever zone they're located, with the exception
1:46:34being that those eight users are allowed to go up
1:46:37to six feet tall there is no replacement,
1:46:44there is no parking requirements for new to use and for any
1:46:48to you that converted to Roger Rogers, demolished
1:46:51for the construction they do.
1:46:52There is no replacement parking that is required
1:46:58So some additional required by the ordinance
1:47:00or the the ordinance is that it removes the owner completely
1:47:05requirements for to use that between on twenty,
1:47:07twenty and twenty twenty five.
1:47:09It using Jay to use that require automatic approval cannot be
1:47:14rented for a term less than 30 days and for Windows although
1:47:19it's not required by the state law staff city staff proposes
1:47:23requiring a new windows less than five feet from shared rear
1:47:28side or rear property line shall be clear story,
1:47:30which means it has to be a minimum of six and a half feet
1:47:33above the finished floor height City staff recommends
1:47:37a requirement to minimize privacy
1:47:39impacts of proposed to use upon neighbouring properties.
The production figures show what the legislation did.
The turning point was 2018, when the city's first revised ordinance took effect following the 2017 laws.
Since then, ADU production “has increased by a factor of about four to five.”
2019 was “our peak year so far.”
2020 was lower — “we think that that's probably due to the global pandemic” — but “things are trending upward again.”
Staff explained why a permanent ordinance was needed now: without a local ordinance in place when the interim one lapses, the city would be out of compliance with state law. The permanent version is basically the interim one with small changes to stay consistent with the state, including a new category the state created, street parking rules, and junior ADUs of no more than 500 square feet, which need not have their own bathroom.
The permanent ordinance carries forward the interim rules with the local provisions the state allows the city to keep.
Seventeen ADU building permits had been issued so far in 2021, and the Planning Commission recommended approval on 22 September. The state requires one ADU and one junior ADU to go straight to a building permit; a detached one of up to 800 square feet with four-foot setbacks and 16 feet in height must be allowed. Multifamily properties must be allowed ADUs converted from non-livable space, up to 25% of existing units, and up to two detached. Answering Motoyama, staff said the state targeted underused space such as parking, and the city would rather not encourage converting resident amenities such as community rooms.
ADUs can be up to 850 square feet for a studio or one bedroom and 1,000 for two or more. There is no parking requirement. Owner occupancy cannot be required for ADUs from 2020 to 2025, and ADUs approved automatically cannot be rented for less than 30 days. Staff also proposed that new windows within five feet of a side or rear property line be clerestory, to protect neighbors' privacy.
ADU production rose four to five fold after the 2018 ordinance, with 2019 the peak year and the pandemic year lower; seventeen permits had been issued so far in 2021.
19 What changed from the interim rules captions 1701–1790
1:47:41Given the reduced back requirements,
1:47:43with the exception being that we can require,
1:47:45we can require this requirement on it.
1:47:47Use that are subject automatic approval So as mentioned
1:47:54previously, this proposed ordinance is
1:47:56pretty much the same as the adopted interim emergency
1:47:59ordinance, but it has some minor changes with from result input
1:48:03from the California housing Community Development
1:48:06Staff Some of these changes, these changes
1:48:09are the interim ordinance was changed to accessory dwelling
1:48:13units are allowed on any large zone
1:48:15to allow single family or multifamily residential use.
1:48:19Instead, that previously stating the specific zones
1:48:21within the city that it use are allowed
1:48:24in the interim ordinance.
1:48:25The restriction on our occupancy requirements sections
1:48:28were originally different sections
1:48:30And now these two sections are combined.
1:48:33So it's more apparent that a restriction will not be
1:48:35required for any you permitted before December thirty four
1:48:38point twenty four language was added in the development
1:48:43Standard section to make it more apparent that regardless of any
1:48:46unit size large size lock coverage for a ratio
1:48:49and or open space requirements and to you that is up
1:48:52to a hundred square feet with the minimum four feet side
1:48:56and rear setbacks and a maximum of six feet must be allowed
1:49:00and that the enter the new proposal requires
1:49:05or the original ordinance on the part of the detached to use not
1:49:09be located closer in the primary dwelling
1:49:11unit to the street facing side last line The section
1:49:14was removed because the set back it
1:49:17used cannot be more four feet from
1:49:19the side of your property line.
1:49:26I think it's not going to Great, thanks, Daigo.
1:49:36So in wrapping up, I just another topic that's come up.
1:49:39I wanted to touch on.
1:49:40I just wanted to let you all know that I last week met
1:49:44with representatives from el Cerrito,
1:49:47Fire Safe who were interested in this issue as well.
1:49:52As SB nine, which is a separate issue
1:49:57that I can go into a little bit if anybody's interested.
1:49:59But those you this series of Aido legislations
1:50:05and sB nine have sort of the same goal of increasing
1:50:10the production of housing especially the focus being
1:50:15on single family residential properties
1:50:18But they are separate and distinct pieces
1:50:21of legislation and efforts I do want to be clear about that.
1:50:25And what we're here tonight primarily to discuss
1:50:28is the is the ADA regulations So I had this discussion members
1:50:33of makale Street on Fire Safe who
1:50:35were interested in this issue.
1:50:38There are some cities that have started
1:50:40to take actions with regard to fire
1:50:44safety with regard to A2 use.
1:50:47And we will continue to monitor those developer as these issues
1:50:53progress And if we also are going to be embarking
1:50:58on a housing element update next year, so that also is
1:51:05will be a good time for us to look at a wide range
1:51:08of housing policies.
1:51:09But if in the future anything does warrant
1:51:13any future amendments to this ordinance,
1:51:16and we'll bring it back to the city council at a future time
1:51:22But I just wanted to touch on that And then just to wrap up,
1:51:25I'll just say again that we hope that the city council
1:51:31introduces this ordinance tonight
1:51:34and brings it back for a second reading at your next meeting.
1:51:38So that we can adopt it before the interim emergency
1:51:43ordinance expires.
1:51:45And continue the success that we've
1:51:47had with implementing these regulations
1:51:50and promoting development of accessory dwelling units
1:51:54so that concludes our presentation and diego
1:51:56and I are happy to answer any questions
1:51:59that you might have Thank you.
1:52:00Questions from our council members Council member
1:52:05Montejano Thank you, Mayor and thank you,
1:52:11Sean and Diego, for the presentation is very thorough.
1:52:15I did want to clarify my question
1:52:18to sean that I was not asking whether it
1:52:20could be done everywhere.
1:52:22I just wanted to understand if clearly there should be limited
1:52:26options on building amenity spaces,
1:52:29particularly if they are part of the approvals.
1:52:32So I just want to understand that that you
1:52:34can't like you're not going to take
1:52:37away the community you're in.
1:52:38You're not going to take away specific open spaces
1:52:41in this area.
1:52:42Ordinance as it stands Is that correct?
1:52:47That was not the intent of the state legislation.
Staff explained how the permanent ordinance differs from the interim one, with changes made on input from the state Department of Housing and Community Development.
ADUs are now allowed in any zone that allows single-family or multifamily residential use, rather than in listed zones; the owner-occupancy provisions were combined; and language was added making clear that a small ADU with four-foot side and rear setbacks must be allowed regardless of other size, coverage and open space limits.
Staff had also met representatives of El Cerrito Fire Safe, and stressed that SB 9 is “separate and distinct” from the ADU laws, though both aim to increase housing on single-family lots.
Some cities had begun acting on fire safety and ADUs; staff would monitor them and look at housing policy broadly in the housing element update the following year.
The request: introduce the ordinance that night so it could be adopted before the interim ordinance expired. A councilmember then asked whether the ordinance could take away “specific open spaces” that were part of earlier approvals; staff said that “was not the intent of the state legislation.”
20 Sheds, style and owner occupancy captions 1791–1900
1:52:50I believe But we did because we did get an inquiry on one
1:52:55The projects that I mentioned We did have to have to check
1:53:00with staff at HGV the Department of Housing
1:53:04and Community Development and they
1:53:08did clarify that issue for us.
1:53:10So in that instance, it's the not
1:53:13livable is is really the key.
1:53:16It's these are areas that are that were not built
1:53:22for human habitation and don't meet the the building code
1:53:25requirements to to be such before conversion to NATO
1:53:30So in that instance, I believe the feedback we got from CD
1:53:34was that that that was a conversion that was allowed
1:53:38as we get future inquiries, we will
1:53:42check back with them as well.
1:53:44To make sure that we're proceed appropriately
1:53:48Thank you Questions Council member Avildsen.
1:53:55Yes, I so does that mean things like
1:53:59what are usually called shed's, which
1:54:01could be used for this purpose?
1:54:09On a That is correct.
1:54:12Shedder are allowed to be converted into a use
1:54:18So what if they have to have again, they would have to have
1:54:25a bathroom Do they have kitchen If it's an
1:54:32if it's an eighty, you not.
1:54:34We're not talking about a jury to you
1:54:36because this is a detach the sample is a
1:54:39is a detached and so in order.
1:54:42So the by definition an eighty, you includes
1:54:45cooking and and sanitation facilities
1:54:48So it would need to include a kitchen and a bathroom
1:54:54OK, just interesting enough, my next door neighbor who lives
1:55:01actually in a different city than elsewhere, you know,
1:55:04albany is currently converting a shed to a office with
1:55:13and a bathroom which seems like a really
1:55:19good use of space right.
1:55:25Questions I have some quickfire questions I can
1:55:31I don't need long answers.
1:55:33I just want to be clarify what I think.
1:55:36I heard a CD helped us but this effort is correct.
1:55:41Yes.
1:55:42Make sure that things lined up pretty well OK,
1:55:46and is it true that cities aren't going to have much
1:55:49left to do with the state laws?
1:55:53Regulating I mean, and and without zoning
1:55:57are we losing a revenue source here?
1:55:59Are we will we still have some sort of permitting
1:56:02revenue coming nowadays?
1:56:04Well, we're not we're not losing our ability to zone to create
1:56:08land zones to create zoning districts All of our zoning
1:56:14districts remain in place The state is an i you know,
1:56:19I will be honestly every year the state
1:56:23does seem to add a new layer or a lot of complexity
1:56:30to existing land regulations.
1:56:35But you know what they've done so far
1:56:37is require local jurisdictions to allow a to use and junior
1:56:44to use in zoning districts that allow
1:56:48single family homes and multiple family residential units.
1:56:53So no short term rental Is that correct?
1:56:58Right.
1:56:59Yeah, that's great.
1:57:00OK, what does it mean when the ad
1:57:07has to be compay hateable with the style
1:57:09of the primary residence?
1:57:10Who decides You know, that's not something
1:57:18that we that's sort of meant as it's meant to prevent
1:57:26really extreme things.
1:57:28It's not something, you know, in in my like almost 14 years here
1:57:34at the city, I, I think maybe maybe
1:57:38like once we've ever had to talk to somebody about having
1:57:42an idea that was we don't have to match the style
1:57:46of the primary residence.
1:57:48Right.
1:57:49Yeah.
1:57:50And I mean, that's another thing that the state
1:57:51has made us do is is make our make
1:57:54our standards pretty objective.
1:57:57So we've we've tried to do that.
1:57:59OK, I was a little confused about the primary owner
1:58:02being there or not being there.
1:58:04And something's changed Do they still have to be there
1:58:08with a junior or a regular aide to you in one of the two units
1:58:13or not?
1:58:14So for a junior to you?
1:58:16Yes, for junior, a junior at OSU has to still,
1:58:20you know, still required to be the property is still required
1:58:24to be owner occupied primary owner could
1:58:26rent out his home, his or her home,
1:58:28and the ADA would not be there.
1:58:31Correct.
1:58:31So so any aid to you that developed between when when all
1:58:38of this went into effect in twenty, twenty and twenty,
1:58:40twenty five during that period of time,
1:58:44we cannot in force owner occupancy requirements
1:58:49for eighty use only.
1:58:50So there's only on the property if there's only a primary unit
1:58:55and an eighty you we cannot enforce owner occupancy OK,
1:58:59so and that then that's true for any
1:59:02avenue that is developed during that time period in perpetuity.
1:59:08OK, my last question is on the fire issue.
1:59:11Thank you for meeting with our fire concerned residents.
1:59:14I appreciate that.
1:59:16What are the little things that you mentioned that we could
1:59:18do to make them more fire safe?
1:59:20Other than not building them Well,
1:59:24there are some there are a lot of provisions for fire safety
1:59:29already.
1:59:30So the you know, the first thing that comes to mind
1:59:34is the four foot step back requirement
1:59:37to side and rear property lines While that might seem reduced
1:59:42for you, reduced from our normal five foot side step back
Staff finished the open space answer: the state housing department had clarified that converting areas “not built for human habitation” into an ADU is allowed.
Abelson asked whether that covers sheds. It does — but a detached ADU must include a kitchen and a bathroom.
A councilmember's quick questions: zoning districts remain in place, though “every year the state does seem to add a new layer”; ADUs cannot be short-term rentals; and the requirement that an ADU be compatible with the main house is meant only to prevent extremes — in almost fourteen years staff recalled raising it maybe once.
On owner occupancy: a junior ADU still requires the owner to live on the property, but for ADUs built from 2020 to 2025 the city cannot enforce owner occupancy — in perpetuity.
For ADUs built between 2020 and 2025 the city can never require the owner to live on site. Junior ADUs are the exception, and there the requirement is recorded against the deed.
21 San Rafael's narrow moratorium captions 1901–2039
1:59:51requirements, typically what we have,
1:59:53it does, you know, the wording i'm trying to i'm
1:59:57looking at you all and not the ordinance in front of me,
2:00:00but the the wording and the ordinance
2:00:04is actually gives some discretion to the fire marshal.
2:00:11I believe as the main concern evacuation and too many people
2:00:18in cars So, yeah, so that is an issue that's been brought up
2:00:22and that was one of the things that I
2:00:25was alluding to is some cities.
2:00:28So the city of San Rafael recently passed a very narrowly
2:00:35tailored moratorium on A-T use in certain hillside areas
2:00:42And it was very you know, it's very carefully and narrowly
2:00:47tailored to areas where there are constraints that you know,
2:00:57that could make evacuation a problem.
2:01:00So very narrow streets and and things like that.
2:01:04So, you know, we like I said, we'll
2:01:07we'll continue to monitor these kinds of activities
2:01:10from other cities and especially as as this progresses
2:01:16and as we embark on the housing element next year,
2:01:19and if we feel that anything is warranted, in the future,
2:01:24then we'll bring that back to the council council
2:01:28Yeah, i was wondering what just said that the primary unit has
2:01:37to be owner occupied.
2:01:39Right on So right now, on that only only when there's
2:01:44a jAYATI or junior Addio OK, let's say
2:01:48it's a that's OK then change my question to the the jati.
2:01:53You Michael question has to do with what
2:01:57if the owner in the primary unit passes away
2:02:05and the property goes to say a child of that person
2:02:11and that person already has a house
2:02:14and doesn't want live in it, can they rent it out Well,
2:02:21there's a you know, I mean, we we
2:02:23also we try to be sensitive and flexible on this issue.
2:02:27As you know, when in certain situations warranted
2:02:30such as that So when when jDSU is developed,
2:02:38there's a deed restriction that's
2:02:40recorded against the property that says that the the owner
2:02:43will live on the property You know, for and for an owner
2:02:49that passed away.
2:02:51I I think we're going to try if that was if that was somehow
2:02:57like an enforced an issue that came up,
2:02:59I think we would try to be pretty
2:03:01sensitive that in that instance, there are a lot a lot
2:03:05of things we would want to be sensitive to.
2:03:06One is there an existing tenant that could be displaced You
2:03:12and other things like that?
2:03:15But you know, ultimately the owner
2:03:18is supposed to live on the property
2:03:20So we would we would in the long run,
2:03:22we would need to get to a situation
2:03:24where the property was owner occupied.
2:03:27So that means the the child that I was referring
2:03:31to would need to sell the property to somebody
2:03:36willing to do that.
2:03:37That has a big I think a big tax consequence potentially having
2:03:45to do with inheritance so that that that would
2:03:49be one way to rectify that.
2:03:52That situation, another would be if you know,
2:03:55if two units aren't rented out separately,
2:03:59i think I think we would not view the eight
2:04:04or or, for example, a junior to it
2:04:06would be fairly easy because a junior at a pretty simple
2:04:10would be fairly easy to eliminate the junior eighty.
2:04:13You as well.
2:04:14So you could you could remove the kitchen you could remove
2:04:18the the exterior entrance You know, these are all things that
2:04:22could be done to remove the junior radio
2:04:25and then the property could be rented just as one unit
2:04:30So it could be used, for example, as an office let's
2:04:34say, like my neighbors doing Well, I'm
2:04:38just I'm using example where office and the house
2:04:43could be the the house that could
2:04:45all be rented by one person.
2:04:47Would that be an example?
2:04:48So that so that the owner doesn't
2:04:51have to sell the house Right.
2:04:53Right.
2:04:54OK, and any other questions OK, if not I'd like
2:05:03to move to the public hearing.
2:05:05It's now open at this time.
2:05:07Members of the public was to provide comments on asylum
2:05:10should use the raised hand feature
2:05:12to request to speak the clerk.
2:05:14Please continue in camera.
2:05:17I will just quickly announce that we did receive written
2:05:19public comment on this item.
2:05:20I'm Jim onis, Gary Post and Sue Duncan
2:05:24today against deadline today and at this time
2:05:27I do not see any request to speak on this item.
2:05:30OK, do I see a motion to close the public motion
2:05:34to close the public hearing?
2:05:35Second motion move by a council member rubberneck and seconded
2:05:39by council member Can we have a roll call, please?
2:05:43Fidele, I potemkin till I council member Apison
2:05:48I can't remember tianmen.
2:05:51I council member Resnick.
2:05:53I motion carries.
2:05:55Thank you.
2:05:57And now i have a motion to introduce by title only
2:05:59and hold the first reading of the ordinance council
2:06:03member more Tianmen This motion and council member
2:06:06Rudnick seconds.
2:06:07Can we have the roll call vote please.
2:06:10Fidele I mean Potemkin till i can't remember Apison
2:06:15I can't remember the Tiamat.
2:06:18I can't remember.
2:06:19I think I motion carries Thank you.
2:06:23Thank you Shah.
2:06:25And there are you know, to the city of Sarino Yes.
2:06:30I started myself this year I was going to apologize
2:06:32for never having met you.
2:06:33How long have you been on board Since January.
2:06:37Welcom.
2:06:38You got a lot of work ahead of you here.
2:06:39Good, good.
2:06:40To have.
2:06:41You have been with us since January.
2:06:42And he's going to be he will already next meeting
2:06:46have his second council meeting We'll be back.
2:06:49We'll be back with you next meeting to discuss vehicle
2:06:52Miles traveled testing by fire.
2:06:55Thank you to diago and thank you, Sean.
2:06:58We welcome Thank you.
2:07:01Our next item is the amended food ordinance
2:07:03requiring food oRL to be reusable for compost
2:07:07and prohibiting the iS or sale of plastic straws and plastic.
2:07:11Sturt's can we have a city report on this, please?
2:07:19Unblended as well, Nick rather to sign on to anyone other
2:07:31than you and that is he just doesn't
2:07:33have a camera on at the moment.
2:07:35Perfect.
2:07:35I see everybody.
2:07:36OK, good evening everyone.
2:07:38Good evening, Max.
2:07:39City Council.
2:07:40Thank so my name is well Provest City's Operations
2:07:44and Environmental Services division Manager
2:07:46and for Consider for your consideration tonight
2:07:49is a public hearing and ordinance amending Chapter
Council questions turned to whether ADUs could worsen evacuation in the hills.
The ordinance's own answer: its wording “actually gives some discretion to the fire marshal” where “the main concern [is] evacuation and too many people in cars.”
Staff pointed to what another city had done: “San Rafael recently passed a very narrowly tailored moratorium on ADUs in certain hillside areas.”
The tailoring was the point: limited “to areas where there are constraints that… could make evacuation a problem — so very narrow streets and things like that.”
El Cerrito's position was to watch rather than follow: “we'll continue to monitor these kinds of activities from other cities.”
On junior ADUs, where a recorded deed restriction requires the owner to live on the property, staff said they would be sensitive in cases such as an inherited home, and one remedy was to remove the junior ADU's kitchen or entrance so the house is rented as one unit. Written comments had come from three residents, and no one spoke at the hearing. The ordinance was introduced on Motoyama's motion, seconded by Rudnick.
The Council welcomed one of the presenting planners, with the city since January. Will Provost, the operations and environmental services division manager, then opened the public hearing on the amended foodware ordinance, which would require foodware to be reusable or compostable and restrict plastic straws.
Staff cite San Rafael's narrowly tailored moratorium on hillside ADUs where narrow streets could make evacuation a problem, and say El Cerrito will monitor such measures and revisit them with next year's housing element. The city's own fire chief tells the Council in May 2022 that neither El Cerrito nor Kensington has a facility meeting the state definition of an evacuation shelter.
22 Put on hold, then restarted captions 2040–2140
2:07:51eight point two for of the Municipal Code which would
2:07:55build upon the city's existing ordinance that prohibits
2:07:57the use of Styrofoam food where to prohibit other products
2:08:02such as that now require and would now require food
2:08:04to be reusable or compostable.
2:08:07I'm joined here today by Claire Wilson with our three
2:08:09consulting who has been instrumental in conducting
2:08:12public outreach and support for this effort.
2:08:14And by minorities, the city's public
2:08:16works director public meeting and public meetings
2:08:19and outreach around this ordinance
2:08:21were first conducted in early twenty twenty.
2:08:23But due to the covid-19 pandemic,
2:08:25impacts on businesses, the effort
2:08:27was put on hold after making modifications
2:08:30to the implementation timeline based on feedback received
2:08:33from businesses the city began a new public outreach
2:08:36process this fall, and we are pleased to be presenting
2:08:39with a final draft ordinance for your consideration,
2:08:41which incorporates feedback received
2:08:43throughout the process.
2:08:45I will now hand to Claire, who will provide
2:08:47more background ordinance and the specifics
2:08:49of what is being proposed.
2:08:51But about I are also on standing by to answer
2:08:53any questions All all right.
2:08:57Thank you so much.
2:08:58Well, I'm going to go ahead and share my screen
2:09:00and we can get the presentation going all right.
2:09:05So thank you so much for well, for the introduction
2:09:09and council members for listening for this audience.
2:09:13So let's the presentation will go with the outline reasons
2:09:19for updating the ordinance, some key changes and amendments
2:09:22to your current ordinance.
2:09:24The public process and feedback consistency with city policy
2:09:28and then staff recommendations.
2:09:30The next steps for So as a little bit of a background
2:09:35and if you're not already familiar
2:09:37a city currently has a food where
2:09:39ordinance that was adopted in 2013
2:09:42That ordinance prohibits polystyrene foam or Styrofoam
2:09:46containers and it also requires that food
2:09:49where that is in the city to be packaged for takeouts.
2:09:53If neither reusable recyclable or compostable containers.
2:09:58So the proposed ordinance would phase out
2:10:00these disposable plastic items and require those containers
2:10:04to be either reusable or compostable
2:10:08and who would be covered under the ordinance
2:10:11The same folks that are currently covered
2:10:13So all food providers in the city
2:10:15would be covered under this bigger ordinance.
2:10:19So it's consistent with the current food where ordinance
2:10:24And just to start out of what when
2:10:26we talk about disposable food, what do we
2:10:28actually mean by those things?
2:10:30So it's really anything that your takeout food containers
2:10:35or your food or beverage.
2:10:38So your containers bowls, plates,
2:10:40things like that as well as cups,
2:10:41lids, utensils, straws, Sturt's etc.
2:10:48And some of the reasons of why we're choosing to update
2:10:52the food ordinance is first and foremost it
2:10:55improves the environment food, whereas often a common found
2:11:00litter and pollutant in the community
2:11:03and in various waste studies.
2:11:06It also would reduce the overall amount of food
2:11:09where chemicals in food where which we'll talk about a little
2:11:12bit later and the overall amount of waste
2:11:14to landfill with moving towards more reusable items
2:11:18It also improves stormwater quality.
2:11:20Again, that's on reducing the overall amount of litter
2:11:23in the community.
2:11:25It also reduces recycling contamination costs,
2:11:28plastic food where that is not recyclable
2:11:30is often found in the recycling stream
2:11:33and it also decreases greenhouse gas emissions overall.
2:11:36By having items either upon request
2:11:39or moving to reusable items.
2:11:41You're you're using less disposable products
2:11:43in the first.
2:11:45And of course, it aligns with the city's climate action
2:11:47plan and strategic switch will also get into a little bit
2:11:49later So key changes to the current food where ordinance,
2:11:56as we mentioned before, the food where
2:11:59we're moving to a reusable or compostable food
2:12:02where items and those food items would be required if they are
2:12:07compostable to be free of polychlorinated substances
2:12:11commonly known as CEPHAS So there
2:12:13are going to be exceptions for products
2:12:17with no available substitutes However,
2:12:20this is also consistent with recently passed legislation
2:12:24banning face in food,
2:12:25where and cafes are chemicals that are persistent chemicals
2:12:30that often don't break down in the compost process
2:12:34and have been linked to a whole host of health issues.
2:12:38So permanent straws would only be required upon request.
2:12:42So instead of receiving a straw, you would have to ask for one.
2:12:46There are exceptions for those in need of a straw for medical
2:12:51or if you have a disability need a straw and those straws
2:12:56can be plastic.
2:12:57There also are hardship waivers that
The foodware ordinance was presented, and the history explains why it took two years.
What it does: amend the municipal code to “build upon the city's existing ordinance that prohibits the use of Styrofoam foodware,” extending it to other products and requiring foodware “to be reusable or compostable.”
Outreach had first been conducted in early 2020.
Then it stopped: “due to the COVID-19 pandemic['s] impacts on businesses, the effort was put on hold.”
What changed before restarting: “modifications to the implementation timeline based on feedback received from businesses.”
A new public outreach process ran that autumn, producing the final draft.
The work was done with a consultant who had been “instrumental in conducting public outreach.”
Claire Wilson of R3 Consulting said the existing 2013 ordinance banned polystyrene foam; the update would cut litter, chemicals, landfill waste, stormwater pollution and recycling contamination. Compostable items must be free of PFAS, and straws would come only on request, with plastic straws still available for medical or disability needs.
The foodware ordinance was paused for eighteen months because of what it would have cost restaurants during the pandemic, and restarted with a longer implementation timeline drawn from their feedback. The outgoing mayor cites exactly that in December as why it passed “while not detrimentally impacting our local retail restaurants.”
23 What the ordinance requires captions 2141–2249
2:12:59could be granted to food providers who apply to the city
2:13:03if they feel as though that the applying or adopting
2:13:08the ordinance would be too difficult for them
2:13:12The city is also required to procure
2:13:14these reusable or compostable food items as well.
2:13:17At city facilities and implementation
2:13:21The ordinance were to be adopted.
2:13:22Would begin in July of twenty twenty
2:13:24two This allows for ample time for brochures
2:13:28and other education and outreach materials
2:13:29to be developed and distributed by city staff So exactly.
2:13:35And also provide additional public feedback and awareness
2:13:39to the smooth transition and use of existing stock
2:13:43and enforcement.
2:13:44Will is propose to begin January one.
2:13:47Twenty twenty four.
2:13:48This timeline is fairly extensive
2:13:51to allow for businesses to use up
2:13:54their existing non-compliant food
2:13:56to get educated of where to source
2:14:00and procure these new products.
2:14:02And make sure that everyone's on the same with the ordinance
2:14:07Here's a little bit of a timeline As Will mentioned
2:14:09in the introduction, this process began back in twenty,
2:14:13twenty where the development of the food,
2:14:16where ordinance was first drafted and stakeholders
2:14:20engaged.
2:14:21That was put on pause in march of twenty twenty
2:14:24when covid happened and things began again in summer.
2:14:29Of this of this year.
2:14:31So we re-engage stakeholders that
2:14:33included a whole host of meetings
2:14:35outreach via letters and brochures and etc.
2:14:40and we are now at the bringing the Food
2:14:43Ordinance, the final ordinance for city council consideration.
2:14:47And again, implementation of the proposed ordinance
2:14:50would begin July twenty twenty two
2:14:53and enforcement would begin January
2:14:55one of twenty twenty four.
2:14:57And I should also mention that the January one twenty
2:15:00twenty four also aligns with other state
2:15:03law, SB thirteen eighty three.
2:15:05The enforcement of that state laws
2:15:07will so be public engagement that occurred
2:15:12for this proposed ordinance.
2:15:15We sent out letters to all affected businesses
2:15:18in a factory was created in three different languages
2:15:22and hand delivered to applicable food.
2:15:27Provide in February of twenty twenty
2:15:30And then again this year in September of twenty twenty
2:15:33one There were also articles published
2:15:36and bill inserts intouch with information of how to join
2:15:40public meetings and information of the food where women in were
2:15:44also public meetings in march and September
2:15:47of this year for the economic Development
2:15:50Committee of the Environmental Quality committee
2:15:53and the Chamber of commerce, where we received feedback.
2:15:57And we've also accepted comments on the draft
2:15:59ordinance on the city's website from August to September.
2:16:03Of this year and those changes are detailed a little on this
2:16:07page So So some of the comments that we received that will
2:16:13incorporate this was really prior to covid as well,
2:16:17was a longer enforcement time to for food operators
2:16:21to adjust So the enforcement timeline
2:16:23was pushed to january one.
2:16:26Twenty, twenty four.
2:16:28And also there was a specific prohibition products
2:16:31that contained polychlorinated chemicals of those PPFA
2:16:35That was feedback.
2:16:36That was received by city staff in the twenty twenty outreach
2:16:40and was incorporated into this round of the final food
2:16:43where ordinance other comments that weren't incorporated
2:16:47But we wanted to share with you were
2:16:50to actually begin enforcement.
2:16:51B prior to January one twenty twenty four.
2:16:54So sooner enforcement requirements
2:16:57for all single food were to be only offered for a fee, which
2:17:01is something the ordinance does not
2:17:03have to require single food accessories
2:17:07to be provided upon request.
2:17:09This is actually passed in a state law that
2:17:11will talk a little bit later about that state law was passed
2:17:15on October 5th of this year.
2:17:17And to see you continue to develop further policies
2:17:21to reduce sale and distribution of single use plastics
2:17:25in the city This graphic provides
2:17:30a little bit of information around what messaging could
2:17:32look like So the audience, again,
2:17:34really requires either food, water
2:17:37to be reusable or compostable.
2:17:40So reusable is the best option.
2:17:42However, composable, where is compliant
2:17:45and a plastic food where that is not necessarily recyclable
2:17:48or is is going to go away.
2:17:51So a brochure which is going to detail
2:17:54a lot of the requirements of the food where audience, as well
2:17:57as having graphic rich visuals, will be produced in early
2:18:01twenty, twenty two and distributed to businesses
2:18:07and some consistency City policy is first and foremost
2:18:10the city's climate action plan.
2:18:11Waste goal to reduce waste Going to landfill
2:18:14is a key piece of this by transitioning to more reusable
2:18:18compostable items the waste reduction strategies
2:18:22as well city facilities because ordinance would also apply
2:18:25to city facilities to procure the reusable or compostable
2:18:29food It also aligns with a strategic plan.
2:18:32Goals goal f and goal is to foster
2:18:35environmental sustainability by reducing the overall amount
2:18:38of waste generated in the city and ensuring
Food providers who find compliance too difficult can apply to the city for a waiver, and the city must buy reusable or compostable items for its own facilities.
The timeline is the concession to businesses: implementation from July 2022, with enforcement from 1 January 2024 — aligned with SB 1383 — so businesses can use up existing stock and find suppliers.
The history: drafting and stakeholder work began in 2020, paused in March 2020 when COVID hit, and resumed in the summer of 2021.
Outreach: letters to all affected businesses and a fact sheet in three languages, hand-delivered in February 2020 and again in September 2021, plus bill inserts and meetings of the Economic Development and Environmental Quality committees and the Chamber of Commerce.
Changes from feedback: the longer enforcement timeline, and a ban on products containing PFAS chemicals. Not adopted: earlier enforcement, and charging a fee for single-use items.
The foodware and organics ordinances arrive within a fortnight of each other and work as a pair: one governs what containers are made of, the other where they go. A councilmember describes the combination in November as “a little thing that we're doing… to prevent global warming.”
24 Three laws, passed last month captions 2250–2380
2:18:40public health and safety by supporting initiatives.
2:18:43Decrease pollution And finally, it also
2:18:46aligns with the the municipal stormwater regional permit
2:18:51which requires that their reduction and litter that's
2:18:55entering the stormwater systems And like I
2:19:00mentioned before, there are some alignment
2:19:02with recent state laws.
2:19:04So these three laws were passed in early October of this year.
2:19:08So just about a little less than a month to go.
2:19:11And the first and foremost is AB Twenty
2:19:16one 12 zero zero which is the PFA bans for food packaging.
2:19:21So this aligns really nicely with the city's ordinance
2:19:24to also prohibit PPFA some food where And so starting in twenty
2:19:29twenty three in California, there would be a prohibition
2:19:32on distribute and sale of any food
2:19:34where packaging has these chemicals
2:19:37which will also make them more widely
2:19:38available on the marketplace.
2:19:41Maybe to Twelver, one is a interesting piece
2:19:46that is helps kind of align with what we're talking
2:19:50about with composable food.
2:19:52So it prohibits the sale of products that are labeled
2:19:55a term compostable or compostable,
2:19:58as you have to meet certain requirements in the states
2:20:01going to be developing labeling to help better
2:20:04educate consumers about what is actually compostable
2:20:08and what is not.
2:20:09And finally, there's AB twelve seventy six,
2:20:12which would be touched a little bit before,
2:20:16but it expands on the plastic straw us upon request
2:20:19It's a part of the city ordinance
2:20:21to include other single use accessories
2:20:24to be provided upon request.
2:20:26And there is a piece of this while a law was again just
2:20:30passed The regulations have not been developed yet,
2:20:33but there is a requirement for cities to enforce designated
2:20:37enforcement agency by June of twenty twenty
2:20:39two So this may come back up on future council meeting
2:20:45as we couldn't incorporate it due to the timing.
2:20:47But is something that may be brought up later So
2:20:52the next steps are to consider adoption of the proposed
2:20:55ordinance and if adopted, staff would produce resources again.
2:21:00The brochure to be produced early
2:21:01twenty twenty two to help again, a smooth transition to all food
2:21:07providers that would be affected should
2:21:09the ordinance be adopted.
2:21:11So with that, we will be happy to answer any questions
2:21:15or Thank you, Clair.
2:21:17Councilman questions.
2:21:19Mayor pro Tem Quintel.
2:21:22Thank you very much.
2:21:23Will and to Claire.
2:21:25Great present And I know you know covid stopped everything
2:21:29and and so I appreciate that.
2:21:32Were gradually going to work on this because I know with covid
2:21:40many of our small businesses have a lot
2:21:43of utensil and and product that are
2:21:48leftovers from many, many years.
2:21:52And they're not able to use it.
2:21:54So if and that was the number one thing that I heard from
2:21:59small businesses when we were abridges League to put this
2:22:03through is all of the utensils and all of the things
2:22:07purchased to Forté out.
2:22:11You know, it would take a long time to use all that.
2:22:15So but so i appreciate that this is going to be in effect
2:22:21in twenty twenty for my question is, will there be state
2:22:27money to help the city employ maintain this for example,
2:22:37thirteen eighty three There is money available with senator
2:22:43Layard's bill, which yeah.
2:22:45Didn't pass but was put into the budget this year.
2:22:50I believe that's twenty million dollars to what would we
2:22:54be able to use funding from that Yeah, we are closely tracking
2:22:59those bills related to speak their committee three and to be
2:23:03coming back to council in a couple weeks
2:23:05with a similar ordinance outlining additions
2:23:09to our municipal code to implement requirements
2:23:11But there may be three money for four Implementation of that law
2:23:16won't be available to implement this
2:23:19But I will say that we already have a food
2:23:21water ordinance in place.
2:23:22We already are required to implement those state programs,
2:23:25to contact businesses inspect businesses.
2:23:28So it's our expectation that implementing US law this
2:23:31expanded our ordinance will not take a lot of resources
2:23:35There will be initial brochures and outreach in the near term.
2:23:39But once that will be easily incorporated,
2:23:41and once that subsides and businesses get on board,
2:23:44it really will likely be complaint driven
2:23:47as the current startup companies and likely
2:23:50will be very few incidences of non-compliance annually.
2:23:53So i don't think much funding will
2:23:56be needed long term Thank you.
2:23:58I appreciate that.
2:23:59Another thing i'm concerned about
2:24:01is a lot of our small businesses are Asian speaking languages
2:24:08So I'm hoping know we are we want to work on equity
2:24:11We want to work on inclusion.
2:24:13I want to make sure our Asian businesses,
2:24:16we have a lot of Chinese speaking a lot
2:24:19of Chinese restaurants.
2:24:22I want to make sure that they we will specifically reach out
2:24:27to the Asian American community to make sure that they are
2:24:32educated So but you hoping that we
2:24:36can look at that to make sure that we'll
2:24:40have the opportunity to have brochures and chinese at.
2:24:45Absolutely.
2:24:45And so our fact sheet that we distributed, we hand delivered
2:24:48to businesses, was actually in three
2:24:50languages including Spanish and Chinese and certainly.
2:24:53And so even though so implementation will into effect
2:24:57July 1st Twenty twenty two.
2:24:58But enforcement begin for two years until January one.
2:25:02Twenty, twenty four And so that two year period
2:25:04is really all about education.
2:25:06You know, we're just multiple languages brochure,
2:25:09lots of different resources.
2:25:10To make it easy for businesses.
2:25:12So definitely noted and well heard And we'll we'll
2:25:17do our best to reach the businesses in their languages
2:25:21that are best for them.
2:25:22Thank you very much.
2:25:24Appreciate that request.
2:25:26Council member Mableton, I have a question There was a picture
2:25:31of food containers were empty at those at the end of the section
2:25:40of this presentation.
2:25:42Could we look at that slightly?
2:25:46Let me go ahead and share Was this
2:25:53the business See the picture It didn't have an X on it.
2:25:58No, it had a Faucon.
2:25:59They also leave with no no, it was in color black
2:26:06at the end of a section there.
The case for the ordinance included alignment with obligations the city already carries.
It supports “public health and safety by supporting initiatives” that “decrease pollution.”
And it aligns with the municipal stormwater regional permit, “which requires… reduction [of] litter that's entering the stormwater systems.”
There was also new state law: “these three laws were passed in early October of this year” — about a month before the meeting.
The three: AB 1200, banning PFAS in food packaging from 2023; AB 1201, on what may be labeled compostable; and AB 1276, extending on-request rules to other single-use accessories, which requires cities to designate an enforcement agency by June 2022 and could not yet be folded in.
Quinto asked about state money. Will Provost said SB 1383 funding might not cover this, but the city already runs a foodware program, so long-term costs would be small and enforcement likely complaint-driven. He also confirmed outreach in Chinese and Spanish, at Quinto's request for Asian-owned businesses.
The foodware ordinance also serves the city's stormwater permit, which requires litter reduction, as well as the climate action plan. Three state laws on the same subject passed a month before this meeting; staff said the AB 1276 enforcement requirement could not be incorporated yet and may come back.
25 A metal bowl and a compostable napkin captions 2381–2444
2:26:10That's the last Yeah, What that intended to represent.
2:26:16It looks like this.
2:26:18It looks like a regular for a regular little metal thing.
2:26:25And i don't know what the white thing represents,
2:26:30what was by that i let you go.
2:26:34Yeah.
2:26:35So this is an example of of what a potential option
2:26:39could look like for a reuse of bill option.
2:26:41So while the ordinance is, you know,
2:26:44we're talking a lot about composable products
2:26:47to go where there are also options for dining in,
2:26:51let's say, where you could start integrating more reusable
2:26:55options here like the reusable bowl
2:26:58that the salad looks like is in the salad dressing
2:27:02a metal container versus a compostable container, and then
2:27:07a fork.
2:27:08And you could still choose to have
2:27:10a a compostable napkin instead of let's a cloth napkin.
2:27:14But it's an example as we move towards more waste reduction
2:27:19that reusable bags are where you're
2:27:20going to see that reduction in waste overall.
2:27:24So is takeout So this is an example for dining,
2:27:29but it yeah, it is filled I was thinking
2:27:33it was representing takeout I didn't quite it didn't click
2:27:39but this was OK.
2:27:41It's questions council member Matsuyama,
2:27:52thank I find on that question.
2:27:56Is there anything in the audience?
2:27:58I didn't see anything that presented
2:28:00bringing your own containers Is that completely separate?
2:28:04And that is is that sort of on business by business basis?
2:28:10Yeah, that's not covered by this ordinance.
2:28:11And there's nothing in this ordinance that would prevent
2:28:14that But just building on the last discussion reusable
2:28:17is something that we would encourage and prefer
2:28:20and definitely when we were thinking about definitions
2:28:22of reusable we wanted to make sure it
2:28:24included people bringing their own stuff or returning.
2:28:28Maybe this isn't necessarily a dining experience.
2:28:31Somebody is using.
2:28:33The business provides reusable bowl
2:28:35and you have to return it later.
2:28:37So there's interesting new models being experimented
2:28:39with that we wanted to be able to be flexible for So those are
2:28:44possibilities down the road.
2:28:45But nothing in this ordinance precludes anyone
2:28:47from bringing their own, um, materials
2:28:50Thank you The questions I have a couple
2:28:57and they deal with exemptions I just want to make sure
2:29:01what it looks like is that a retailer has
2:29:03an issue or a problem.
2:29:05They can come to our city, into the city
2:29:08manager to get relief for a year or so, make that determination.
2:29:13This is above and beyond the extra time that we're giving
2:29:16the retailers that correct?
2:29:18Yes, absolutely.
2:29:19And so that's similar Our existing broodmare
2:29:22ordinance has the same.
2:29:23So this all builds on existing food
2:29:25where ordinance in our municipal now.
2:29:27And that has a hardship exemption where businesses can
2:29:31apply I'll note, I'm not aware of any businesses that have
2:29:35applied for a hardship under a Styrofoam prohibition
2:29:38But similarly, if they did apply we
The presentation used an image to show what the ordinance is ultimately aiming at.
A councilmember could not read the picture: “it looks like a regular little metal thing, and I don't know what the white thing represents.”
The explanation: it is “an example of what a potential option could look like for a reusable option.”
The distinction being drawn: “we're talking a lot about compostable products to go” — but “there are also options for dining in… where you could start integrating more reusable options.”
In the image: a reusable bowl, dressing in “a metal container versus a compostable container,” a fork — and you could “still choose to have a compostable napkin instead of… a cloth napkin.”
The larger point: “as we move toward more waste reduction… reusable” items “are where you're going to see that reduction in waste overall.”
Motoyama asked about bringing your own containers: not covered, but nothing in the ordinance prevents it, and staff wanted the definition of reusable to allow it. Asked about relief for individual businesses, staff said a hardship waiver carries over from the existing ordinance, though no business had applied for one under the Styrofoam ban.
Compostable is the transitional answer and reusable is the destination — the ordinance requires the first while pointing at the second. Staff said the SB 1383 ordinance would come to the Council in a couple of weeks.
26 “Flexible is the word” captions 2445–2628
2:29:41could analyze the circumstances and grant that waiver
2:29:45And then additionally, we do offer
2:29:48a kind of categorical waiver.
2:29:49So rather than if it comes to our attention
2:29:52that businesses can't find hot cup lids that are compostable,
2:29:55which we've been hearing we can create short term categorical
2:29:59exemptions so we don't have to provide
2:30:01a waiver for every business, but instead can
2:30:04say for the next or hot cup lids,
2:30:07it's still allowed to be plastic until there's
2:30:09a competitive alternative.
2:30:12And so we also have that flexibility to flexible
2:30:15is the word.
2:30:15I mean, we're going to be flexible on this, right?
2:30:18That's the other thing I need a little help with is exemptions.
2:30:22You're a until you're in the actual ordinance
2:30:26where WordStar by saying prepared foods that are
2:30:29prepared or packaged outside the city of Sarino
2:30:32are exempt I get that But what is
2:30:35as well as prepared foods prepared and packaged
2:30:38in a city of El Cerrito for use outside
2:30:41of the city of El Cerrito.
2:30:43What are you talking about there?
2:30:44We're not talking about our city bringing Plass to other places.
2:30:48If we have a city picnic somewhere or what?
2:30:51Well, so that comes from our existing ordinance to
2:30:54and I think the idea is you don't want to disadvantage
2:30:56retail businesses.
2:30:57So if Ulcerate businesses are creating prepared food,
2:31:01a bakery or pie shop or what have
2:31:04and they're going and selling those all over the Bay
2:31:06Area or the state or country, if you OK,
2:31:09you don't want to disadvantage or else retail businesses
2:31:11by saying they have to use packaging
2:31:13to meet our standards when none their competitors are.
2:31:16And so that's that's about if it's prepared
2:31:19and also for sale for use.
2:31:20And also we want to meet our standards.
2:31:23But if it crosses borders, we don't want to kind of
2:31:27make it uncompetitive for them.
2:31:28OK, that's a good answer.
2:31:30And food trucks right They will have to abide by this.
2:31:35And and maybe a city manager or someone
2:31:38can answer is off the grid going to be coming back to our city?
2:31:41And will they have to comply with this
2:31:44Is there any is there any good news on that?
2:31:50The first part and they would have to comply
2:31:53and city the city, too.
2:31:54And so we'll have to think about integrating
2:31:57or we'll have to integrate this fully into fourth of July.
2:32:00Or just our city facilities.
2:32:01And so we're going to walk the walk to many food trucks are
2:32:04already doing compostable things What I'm saying, Karen,
2:32:11do you want to answer it off the grid?
2:32:12It's coming home to us and I am texting a couple of people
2:32:15as we speak.
2:32:16I have not heard of any updates at this OK, fingers crossed.
2:32:21Yes, Council member Rubberneck I did it from what I understand,
2:32:26off the grid is having a lot of financial problems
2:32:29from losing contracts with Google
2:32:31So they've significantly scaled down their operations.
2:32:34So i don't think just from a business perspective,
2:32:37they're going to be coming back any time soon.
2:32:41According to according as just going
2:32:43to say, according to Melanie, we are in touch with them.
2:32:45But we don't have an update yet.
2:32:47We're hoping for keeping our fingers crossed.
2:32:50So but we are in touch with them.
2:32:52We'll continue to stay in touch with them.
2:32:53Thank you And the last question before we
2:32:56go to a public hearing on this.
2:32:59OK, i'd like to open the public hearing at this time.
2:33:03Members of the public who wish to provide comments
2:33:06on this event should raise their hand
2:33:09to speak city clerk, can you proceed and help us Thank you.
2:33:13May well, we get an opportunity to raise hands Just quickly
2:33:17announced that we did receive written comments on this item
2:33:20We packed Kleck, Rebecca and I, Barbet and Ogonowski,
2:33:26at this time, it looks like we have two hands
2:33:30requesting to speak Thank you.
2:33:34Quickly OK, we'll go to him first.
2:33:42Speaker who?
2:33:43Which is how gary think you should be able to meet him.
2:33:50Begin your time now.
2:33:52Good evening, Marin.
2:33:53My name is How live in 032.
2:33:57And thank you for bringing this ordinance.
2:34:01I only encourage you to pass it as a member of the public
2:34:07and that Ukichi have been involved in this issue right.
2:34:12I guess from the first where ordinance
2:34:16and on this update I think since at least twenty eighteen.
2:34:22So I fully support the ordinance and I hope you pass it.
2:34:28I am You know, a little disappointed by the timeline.
2:34:32I understand the need for you know, circumstances
2:34:38and the and easing it in.
2:34:40But one thing that we heard a lot, as you can see,
2:34:45taking public comment during this process
2:34:48was that the public is is confused often when they're
2:34:54trying to deposit things for recycling, composting,
2:35:00and and this ordinance is a great step in simplifying
2:35:05things that, you know, compostable stream food
2:35:10and composable food where it goes together
2:35:13rather than having the problem separating supposedly
2:35:18recyclable and contaminating the recycling stream with food
2:35:23or, you know, contaminate the composting stream with, you
2:35:27know, non recycled bottles I'm just concerned we're prolonging
2:35:33that confusion by having a long period of before things
2:35:41will be enforced.
2:35:43And I really encourage early adoption
2:35:46and and that education to show that this is going
2:35:50to be a much better solution.
2:35:51For everybody.
2:35:52If we can get to it sooner rather than later,
2:35:54because two more years is kind of too long.
2:35:58I consider this kind of old business.
2:36:00It's it's great that we're doing it now.
2:36:02I don't want to take away from the achievement of doing it.
2:36:06But, you know, we started talking about this you know,
2:36:09three years ago and it's only happening now
2:36:12and it's going to take another two
2:36:13years to be fully implemented.
2:36:15So that's really just, you know, too long and too slow.
2:36:20And we need to make this happen.
2:36:22It's a good ordinance and it's it's really going to be helpful
2:36:25And I just hope we can move forward with it
2:36:28rather than, you know, drag it out longer than necessary.
2:36:32Thank you for bringing it.
2:36:33And approving it.
2:36:34And I hope we can implement it as soon as possible.
2:36:36Thank you.
2:36:37Thank you.
2:36:38Thank you.
2:36:39And next Speaker is Robin Mitchell.
2:36:43Robin, you should be able to meet him.
2:36:44Begin your time now.
2:36:46Thank you.
2:36:47I just wanted to basically reiterate how he said
2:36:50it's been a long time coming.
2:36:52I'm really glad that it's now finally
2:36:58my my apologies That's OK.
2:37:01That head of my unmuted now.
2:37:05Yes.
2:37:06OK, ok, thanks.
2:37:07So anyway, I just i'm glad that it's finally here.
2:37:11And I hope that you will support I think it will be a good step
2:37:15forward for the city.
2:37:18Thanks Thank you.
2:37:20Thank you.
2:37:20May.
2:37:21That does conclude.
2:37:21I request to speak oK.
2:37:28Can we have a motion to close the public hearing council
2:37:34member able anselmo's from councilman Rudnick
2:37:40can we have a roll call vote on that?
2:37:43Fidele, I potemkin.
2:37:45So I can't remember everything.
2:37:48I can't remember my i can remember redneck.
2:37:53I mentioned Charis.
2:37:56Thank you And and be before we see commotion are there
2:38:01any final comments about this at all
2:38:03before we go to that If there's not,
2:38:07I just want to say that I totally concur in what
2:38:12howdy and Robin were saying.
2:38:14I was liaison to the QC three or four years ago I was pressing,
2:38:21why don't we have this Why don't we have this What's wrong?
2:38:26And history in fact, came in between us and passing
2:38:30this so i'm very excited.
2:38:33I'm I'm as I mentioned last week,
2:38:35go out at least a couple of times a year on a green team
2:38:38and pick up waste And there's so much
2:38:42plastic straws and utensils.
2:38:45It drives you crazy and it's all clogging up our sewage systems
2:38:49and our waterways and everything else.
2:38:52I just heard.
2:38:54And in this in this week of climate change,
2:38:56nPR had an article on cleaning up plastics.
2:39:00Might be the number one thing we can do for climate change
2:39:03because of the oil based products And at the same time,
2:39:07we're seeing articles about restaurants
2:39:09not coming back as fast as we would like them to do.
2:39:13So, As'ad, as I am about not moving this half year or a year
2:39:17faster I'm satisfied that there are two two things that we need
2:39:21to do We need to pass this and get this
2:39:23as an ordinance and give retail and restaurants
The exemptions structure was the part the Council wanted understood.
Rather than handling each business individually, the city can “create short term categorical exemptions, so we don't have to provide a waiver for every business.”
The example given: “hot cup lids — it's still allowed to be plastic until there's a competitive alternative.”
So the ordinance does not require products that do not yet exist.
The Mayor's summary: “we're going to be flexible on this, right?” and “flexible is the word.”
Food prepared in El Cerrito for sale elsewhere is exempt so local businesses are not disadvantaged against competitors, and food trucks must comply. In public comment, Howdy Goudey supported the ordinance but called the timeline too slow: “two more years is kind of too long,” prolonging residents' confusion about what goes where. Robin Mitchell agreed it was long overdue. The Mayor said he concurred, having pressed for it as a liaison years earlier, and that he was satisfied the timeline gave restaurants time to recover.
The ordinance was introduced, with second reading on 16 November.
Categorical exemptions let the city exempt a product class until a workable alternative exists, rather than processing a waiver per business. Plastic hot cup lids are the example given.
27 First quarter captions 2629–2810
2:39:27time to learn about it.
2:39:28And the public and move on So do I have a motion for this?
2:39:33Yes.
2:39:34Council member Rudnick.
2:39:35So most council member Abels and seconds this.
2:39:38Can we have a roll call vote, please?
2:39:42In Fidele.
2:39:43I mean, person tell council member
2:39:47Apison I can't remember tamma.
2:39:50I can't remember that.
2:39:52Think I mentioned carries This is good news This is good news.
2:39:59OK, and now we move to maybe some more good news on policy
2:40:03matters We have our general fund budget
2:40:05quarterly update through September twenty twenty one.
2:40:08And it's Karen Pincott going to be our guest
2:40:11that we are city manager.
2:40:13Yes.
2:40:13Thank you so much.
2:40:16And congratulations.
2:40:17Council Those are two very big ordinances.
2:40:19You though, just to get started tonight,
2:40:25I am acting as the interim interim finance director
2:40:29in addition to being a city manager So first and foremost,
2:40:33I want to thank Lucie's, who is our senior accountant.
2:40:36She and i put this report together for you
2:40:39with an assist of templates and calculations
2:40:43from our consultants at management partners.
2:40:45So I want to thank you in advance for your patience
2:40:48and for your indulgence as you know, we're extremely short
2:40:51staffed and city management and finance.
2:40:53So we really did our best to put this together.
2:40:55For all of you and just to make you
2:40:57know that we're looking forward to feedback to improving
2:41:00the report over time.
2:41:01So I want to take this opportunity
2:41:03to let you know as well that we are working with management
2:41:06partners on a candidate to provide
2:41:07the city with interim finance support
2:41:10over the next couple of months.
2:41:12We're looking to as we as we indicated at the last city
2:41:15council meeting in the on the consent calendar
2:41:19that the council passed, that we're we're
2:41:21hiring a recruiter to work with us to hire
2:41:24a permanent finance director.
2:41:25And that will likely be very early next year.
2:41:28So definitely keep the council posted on this entire process.
2:41:32At this time.
2:41:33However, we are indeed able to keep things moving.
2:41:36We're still working to make sure we're making payroll,
2:41:38paying the bills keeping our heads above water.
2:41:41So so, again, I thank you for your patience
2:41:45but that also includes trying to continue to provide
2:41:47the council with information.
2:41:48So hence the report before you this evening.
2:41:51So to begin, as you know, the city council
2:41:54adopted your annual budget for beginning fiscal year twenty
2:41:57one twenty two in back in June And the council
2:42:01has been closely monitoring the city's
2:42:02budget and financial position over the last two fiscal years.
2:42:05Including during and in continuing
2:42:08the covid-19 pandemic and the impacts on the city.
2:42:11And the city council's directions staff
2:42:13produced general fund budget reports
2:42:15that were provided monthly to the City Council
2:42:17through the end of last fiscal year.
2:42:20Also, as you the report that was issued by state auditor
2:42:23in March twenty twenty one recommended that the budget
2:42:26report should include information
2:42:27on departmental budgets So we did
2:42:29include that in budget report issues
2:42:32As you may have seen in April, the city council
2:42:35appointed the subcommittee of council members yoma
2:42:38and Regnant to work with studies city staff
2:42:40on preparing the required six month update to the state
2:42:43auditor and consideration of implementation
2:42:46of the various recommendations, including
2:42:48these updated reports.
2:42:50So we've worked with the subcommittee.
2:42:51We worked with our our consultants,
2:42:54management partners and again, this is all still working.
2:42:58So again, I appreciate your patience
2:43:00but the subcommittee had reported to the city council
2:43:02in September that for at least the first quarter,
2:43:05of this fiscal year or so, July through September,
2:43:08the report will be provided to you
2:43:10as a quarterly report instead of each month
2:43:13That's mainly for two reasons.
2:43:15One, that the first quarter of the fiscal year
2:43:17does not have as much activity, particularly
2:43:19on the revenue side.
2:43:21And of course, the fact that the finance department is pretty
2:43:23depleted right now.
2:43:25So this is the first version again.
2:43:27So we'll appreciate your feedback.
2:43:29But we definitely will be improving once we're
2:43:32able to get our interim finance report in probably
2:43:35within the next couple of weeks over the next couple of months.
2:43:38So the next set of reports before you
2:43:42could change or may be different are
2:43:43certainly implemented updated.
2:43:45And then once we get our new permanent finance
2:43:47director on we can we can work with with that as well.
2:43:51So continued work in progress So I will share my screen
2:43:56and just give you some of the highlights.
2:43:58I won't read the report to you because i
2:43:59assume that you have done that.
2:44:01But i will show you some highlights
2:44:02to be able to share with the public
2:44:05if I can find the correct window Just one moment.
2:44:11Oh, To begin I have all of my notes performing All right.
2:44:29So these again, I'm not going to read the whole
2:44:31I'm just showing some some highlighted
2:44:33charts from the report.
2:44:35You'll note that the report was meant to be a little bit more
2:44:38of a narrative format, although I did also try to make some
2:44:41of those highlights in the stack report as well on So, again,
2:44:46one of the one of the recommendations
2:44:49to the state auditor was to show departmental budgets.
2:44:52And so here depicts through the first quarter
2:44:56revenues and expenditures by apartment The the big one here,
2:45:02if you can see my screen where this is this is a grant payment
2:45:06that we received that we're reallocating
2:45:09so that is a bit of an anomaly.
2:45:11But everything else is trending The totals
2:45:14trending about fourteen percent right now
2:45:17of our adopted budget, our adopted budget is forty million
2:45:20dollars in revenue Again, this is just the general fund
2:45:23These are the actuals, the non departmental
2:45:26is essentially the largest part of our revenue budget.
2:45:31Because that is where all of the taxes, all of the general taxes
2:45:35and anything that's not specifically collected
2:45:37by department is collected So that's
2:45:40why this number is so large compared to all the others.
2:45:44But I will note that the departments are doing oK as
2:45:49of note, I want to give a shout out
2:45:50to the Community Development Department for all
2:45:54the shorting stoppages and all of the issues
2:45:56that we had in the building division,
2:45:58they are cranking stuff out and we've
2:46:00had a few big project that have come in
2:46:02and a few more that have come in since then.
2:46:05So right now we're almost at fifty percent of our budget
2:46:08and that's outstanding.
2:46:11Public works.
2:46:11As you know, this is general fund.
2:46:13The majority of public works is revenues are expenditures
2:46:17are in special funds as well.
2:46:20Fire This is a lot of the revenues
2:46:23have to do with our payments from Kensington
2:46:25Fire Protection District.
2:46:27Those are incremental over each month.
2:46:29So that'll go up each month.
2:46:34So, again, we brought in about five point
2:46:36five million dollars At this point.
2:46:38This is, again, a very, very light activity quarter
2:46:42when it comes to revenue as far as expenditures
2:46:45by department total.
2:46:47Twenty five percent right on track Love couple a little
2:46:50bit above and below.
2:46:51One of the things that we're definitely tracking
2:46:54is that, as you know, we have quite a few vacancies around
2:46:57and we have had to replenish some functions
2:47:01with some temporary staff.
2:47:02So that should even out as far as salary savings at this
2:47:06point.
2:47:06But again, we are pretty much right on track at twenty five
2:47:10percent That going to my next So this is the my notes
2:47:29OK, the the balance sheet.
2:47:33This reflects as you can see, the last two
2:47:36audited fiscal years and our unaudited numbers
2:47:40And I'll talk about the bottom line and just one moment.
2:47:43We're right here.
2:47:44This is year to date and this does kind
2:47:49of break us out by category.
2:47:50So, again, taxes of note where an improper taxes,
2:47:56we are already at.
2:47:57Forty four percent of our real property
2:47:59transfer tax budget as you know, we budgeted three million
2:48:03We're almost at half that.
2:48:05And first quarter of the year the real estate
2:48:07market continues to thrive and it has benefited of course,
2:48:11greatly However, again, as I've talked to each of you
The FY2021-22 general fund update through September was presented by the City Manager, “acting as the interim finance director in addition to being a city manager.”
She had prepared it with the senior accountant, using templates from the consultants Management Partners, and asked for patience: “we're extremely short staffed in city management and finance.” A recruiter was being hired for a permanent finance director, likely early the next year.
Monthly reports had gone to the Council through the previous fiscal year. The State Auditor's March 2021 report had asked for departmental budgets, now included.
The subcommittee of Motoyama and Rudnick had agreed that the first quarter would be reported quarterly rather than monthly — because the first quarter has little revenue activity, and because “the finance department is pretty depleted right now.”
Revenues were trending at about 14% of the $40 million adopted general fund budget.
Community Development was at almost 50% of its revenue budget after a run of big projects, and about $5.5 million had come in. Expenditures were at 25%, on track, with vacancies partly filled by temporary staff. Transfer tax was already at 44% of its $3 million budget, though she was watching for the housing market to turn.
The quarterly report is compiled by the City Manager herself, acting as interim finance director with one senior accountant. The two reasons given for quarterly rather than monthly reporting are the light first-quarter revenue and the depleted finance department; quarterly reporting is written into the financial policy in September 2022.
28 Where the transfer tax went captions 2811–2930
2:48:14individually, we're definitely watching that cautiously
2:48:18because at some point, is this going to be housing
2:48:21bubble is going to burst?
2:48:22Is inventory going to run out?
2:48:23So we're certainly taking advantage of the extra revenues
2:48:26that we've been that we've been getting.
2:48:28But we're just we're keeping an eye on this.
2:48:30And that's why we haven't increased the budget more
2:48:33than we have Yes.
2:48:36Can I just on that point, did you take
2:48:38away the transfer tax lineI?
2:48:42I couldn't Or did you fold it into property taxes?
2:48:45It's folded into property tax.
2:48:46I'm sorry about that.
2:48:47I love I can help you.
2:48:49I can have that.
2:48:51Yeah, that nice one.
2:48:53Yeah.
2:48:53And then also as a note on that a couple of council members
2:48:58over the past month or two have asked about our rebate program
2:49:02And I'm going to have i'm going to try to put together
2:49:05something like something good to report to the council,
2:49:08maybe at our next update That's a show.
2:49:10There have been several residents that have taken
2:49:12advantage of our real property transfer tax rebate program,
2:49:16and they so they've made their houses safer
2:49:18and we're still being able to benefit
2:49:21from the increased revenue.
2:49:22So I'll I'll put together a report on that as well
2:49:24for the council at a future meeting
2:49:28So personal costs go down to expenditures your
2:49:34personal costs as you know, or.
2:49:36Seventy five percent of our expenditure to twenty three
2:49:40point nine million that we've got about 30 million
2:49:43or right here.
2:49:44I'm sorry, twenty nine million that we've expended so far.
2:49:50I'm sorry.
2:49:50That's unedited from last year.
2:49:52I misspoke This is our budget is thirty million
2:49:55We have expended eight million so far.
2:49:58And again, that's right about as far as about twenty
2:50:01a little bit above a quarter of the way
2:50:03through the fiscal year.
2:50:08Of no as I pointed out, and by the way,
2:50:12this column specifically for September
2:50:14this column is year to date.
2:50:16So we had spent about again Twenty five percent here,
2:50:19nine point nine million in expenditures
2:50:22while we brought in five point five million.
2:50:24So that's what this shows.
2:50:25The difference between our revenues and expenditure
2:50:27is right now is at four point four million,
2:50:30which is also on the next on the income
2:50:32statement The next sheet, as you we have a projected
2:50:36surplus at this time of four hundred nineteen thousand
2:50:39dollars The council has asked us to reach a goal of one one
2:50:44million dollars surplus in subsequent years,
2:50:47depending on how revenues continue to increase.
2:50:50This may be adjusted at midyear.
2:50:53So we will come to you with that here.
2:50:56I did want to point this out and I
2:50:58noted this in the in the staff report
2:51:01and this is a bit of good news.
2:51:02As the mayor alluded to.
2:51:04So this shows that the unaudited fund balance,
2:51:08general fund balance from last fiscal year was at five point
2:51:12five million.
2:51:14This does not include the big difference
2:51:17was, again, a big increase in real property transfer tax.
2:51:21We also received higher than budgeted utility users
2:51:25tax that came through in the end of the last quarter as well
2:51:28as sales tax and an additional one point forty one point five
2:51:32dollars million above budgeted.
2:51:35So that contributed to this along with this right here,
2:51:40which as you can see, this was our unaudited fiscal year
2:51:44expenditure total almost three million lower
2:51:48than it was last year.
2:51:49For a million dollars.
2:51:50And it was two years to go.
2:51:52The the the the common and of increasing revenue as well
2:51:57above budget and making these big cuts
2:52:00sacrifices that we've done over the past two fiscal years.
2:52:04Has resulted in this.
2:52:06This is a big deal This also as well showing the next sheet we
2:52:11were able to do write off the loan, as you all know, at one
2:52:16point three million dollars giving us an audited fund
2:52:20balance of about four million dollars
2:52:22I'm going to pause right here and take a note This will be
2:52:26the first time that the city's met
2:52:29our minimum fund balance per hour policy since twenty five.
2:52:34And while we all deserve a lot of I
2:52:36think this is a big accomplishment,
2:52:38we all deserve a lot of we deserve to take a moment
2:52:41and appreciate that.
2:52:43But I also want to make sure we understand
2:52:46that we're not we're not done This
2:52:50has brought us to our minimum.
2:52:53So the new baseline, what we have that looks forward
2:52:57for all these numbers in the future as far
2:53:01as i'm concerned, that four million dollars is
2:53:03essentially untouchable, zero.
2:53:05I mean, unless, again, we come up with an emergency,
2:53:08we're only back to where we should have been
2:53:11So now that we're here, we just have
2:53:13to make sure we're continuing to do the work we
2:53:16have to build on this.
2:53:17We have to continue to move forward.
2:53:18We've been making structural changes as the council
2:53:21alluded to, over the past year.
2:53:25We still must continue to build our fund balance that doesn't
2:53:29mean that we stop We do have to start to build back that we are
2:53:33going to need more people not having people
2:53:36Has not this certainly proven We've dropped some balls.
2:53:39We've been we've been really struggling
2:53:41morale I'm concerned about.
2:53:43So we do need to start thinking about building back but we do
2:53:45need to be very thoughtful and very strategic about what
2:53:49that looks like.
2:53:50So while, again, we're really and again, once our funding is
2:53:56allocated, kicked in, this is something at the council
A councilmember caught a change in how the report was presented.
The question: “did you take away the transfer tax line? Or did you fold it into property taxes?”
The answer: “it's folded into property tax.”
She also promised a report on the transfer tax rebate program, which several residents had used to make their houses safer.
The projected surplus stood at $419,000 against the Council's goal of $1 million. The unaudited general fund balance was $5.5 million, helped by transfer, utility users and sales tax well above budget and spending almost $3 million lower than the year before; after writing off the $1.3 million loan it was about $4 million, which she said was the first time in years the city had met its minimum fund balance policy. The work was not done, she added; that $4 million was “essentially untouchable,” and building back staffing would need to be strategic.
Staff offered to restore the breakout.
A councilmember notices the transfer tax line has been folded into property tax, and the City Manager offers to break it out again. Transfer tax had reached 44% of its $3 million budget after one quarter, and she cautioned the market could turn.
29 “Not letting a good crisis go to waste” captions 2931–3000
2:53:59and staff will be able to work with.
2:54:01But that four million dollars, huge achievement.
2:54:04But we're only at the baseline We need to keep moving.
2:54:07So so I just I just want give the council a lot of credit
2:54:12and thank all of you for all of your support
2:54:15I think you've heard me say not letting
2:54:16a good crisis go to waste.
2:54:19We've had to make a lot of changes
2:54:20We've had to go through a lot and everyone
2:54:22has has taken something.
2:54:24Everyone has had to to come up with something
2:54:27Every single department, every single staff member.
2:54:30I want to thank all of the council I want to thank all
2:54:31of the staff because we wouldn't have been able to get back
2:54:34to without all of that data and hard work
2:54:39and a little bit of of good real estate market
2:54:43are there any questions on any of these?
2:54:45I thought I would pause right here.
2:54:47And ask if there are any questions I for Rubberneck
2:54:55I see that the personnel line item has a twenty seven point
2:54:59six three and if we are experiencing salary savings
2:55:06from lack of staff what explains it being a little bit higher
2:55:10than twenty five percent likely overtime as we have had to have
2:55:15some overtime and also a few people have left
2:55:20and so that does the payouts for people
2:55:23who have left for vacation or or anything like that.
2:55:26Would also come out of this line Thank you,
2:55:29council member Abels.
2:55:31Yeah, could you keep that to that slush
2:55:36that showed administration with a large number?
2:55:41And could you explain that?
2:55:43Because that looks like the sort of thing
2:55:45that would appear on a report that would be
2:55:49circulated to other agencies?
2:55:51Yeah, I I noted that that was a grant And then
2:55:54after we published this, I think that that grant
2:55:57should will have to be allocated out to other departments.
2:56:00So that's that is a bit of an anomaly.
2:56:03And I apologize.
2:56:04But was put under administration and I
2:56:08think it was allocated to the city manager's department
2:56:11and then it needs to be reallocated elsewhere.
2:56:14So I will provide an update on where that went.
2:56:17If the next one, it would seem to me that it shouldn't be This
2:56:22is like a holding thing, right?
2:56:25We're we're it's holding its place to deposit It's like you
2:56:31got to put it somewhere exactly where you
2:56:34figure out what it is exactly.
2:56:37I have to categoric that, but not call it ministration
2:56:41because I've seen historically where we've done
2:56:46this sort of thing and when it's how we had the library
2:56:49expenses under city council and that has nothing
2:56:54to do with the city council.
2:56:57Right.
2:56:57That's a good point in this in this administration the way
2:57:02that the categories were set up in our system,
2:57:04administration also includes the finance
2:57:06department You'll notice that the finance
2:57:08department is broken out here.
2:57:10So that was housing finance.
2:57:11And so much you with an update on that next.
2:57:15Maybe it needs to be so that we don't end
2:57:18up seeing something like that.
2:57:21Will not be easy to explain.
2:57:24Well, we absolutely fix that Thank you.
2:57:28But are you going to fix it for this data, though?
2:57:31Correct.
2:57:32Yes.
2:57:32OK, thank you.
2:57:34Because we don't want to set a situation where we agree.
The City Manager gave her own assessment of the year's achievement and its limits.
The number: “that four million dollars, huge achievement.”
Her immediate qualification: “but we're only at the baseline. We need to keep moving.”
Her phrase for the period: “not letting a good crisis go to waste.”
What it required: “we've had to make a lot of changes… everyone has taken something. Everyone has had to come up with something — every single department, every single staff member.”
Her thanks went to Council and staff, with one acknowledgement of luck: “a little bit of good real estate market.”
Rudnick asked why personnel was at 27.6%, above a quarter: overtime and payouts to departing staff. Abelson asked that a grant shown under administration be reallocated, so the report does not mislead other agencies.
“We're only at the baseline” — the City Manager's qualification on a $4 million reserve the Council was celebrating. She credits it to cuts that “every single department, every single staff member” made, and “a little bit of good real estate market.”
30 The graph on page 112 captions 3001–3090
2:57:38And I yeah, I see administrations doing
2:57:40better than everybody else.
2:57:42Right.
2:57:43Yeah.
2:57:43Yeah, that's Yeah, no.
2:57:45So that was again, forgive me.
2:57:48Interim interim finance I'm trying to find a questions,
2:57:53other questions I have one.
2:57:57Yes.
2:57:57Mayor Pro Tem of thank you.
2:57:59Mayor Fidele Can we look at the the
2:58:02there's a graph there with the El Cerrito General Fund balance
2:58:07on page one of five one twelve I don't have that here.
2:58:16But what I can if I can bring that up
2:58:21or I can bring that up next, but I can't so that is the graph
2:58:27that I put into the agenda.
2:58:28Bill, is the ten year plan that was presented to the city
2:58:32council in August So that ten year plan was was put
2:58:38together by management partners and actually does
2:58:40include funding.
2:58:42So and I'll pull that up after I after we go over this part.
2:58:46If you don't mind.
2:58:47And then I can explain that is or did
2:58:48you have a specific question?
2:58:50Go Have we can we can wait then.
2:58:51OK, great.
2:58:52Thank you.
2:58:52Thank you.
2:58:54Your so this is the Ballan street
2:58:58and again this is the the ins and outs, as you'll see.
2:59:03Oh thank you.
2:59:05So here last two fiscal years that we were in the negative
2:59:10this year we are in the positive.
2:59:12So this is all I'm sorry, these three columns for fiscal years
2:59:16year to date.
2:59:18What we've taken in what we've what we've put out right now,
2:59:23this is the difference.
2:59:25And as we pointed out, we did this monthly every single month
2:59:28last year.
2:59:29Same thing applies This changes literally month, month
2:59:32as these numbers continue to change and grow
2:59:36So this is just where we're at right now.
2:59:39As of September, and this will continue to increase over time.
2:59:44You get to eventually whatever the end of this
2:59:47will be So no Any questions Let me great I have a close up.
2:59:59So i'm sorry.
3:00:00Go ahead.
3:00:03Just trying to read this slide that we
3:00:05were just on the bottom Oops.
3:00:09Where to go So I'm on the other end, not the bottom line,
3:00:17but the red line.
3:00:19Yes, that's the bank balances.
3:00:20What is red represent I that was literally a red red highlight
3:00:27to show what that was.
3:00:28This perhaps could have been black
3:00:31but this was just highlight what the fund balances where just I
3:00:34just made that a different color But in thinking about it,
3:00:38this should have been black because it is in the book.
3:00:40Yeah.
3:00:41Or the parentheses could be Yeah.
3:00:44Yeah.
3:00:44The parentheses show that the negative.
3:00:46So that it's the other end it's confuse to have red
3:00:55and the parentheses Can you tell a non finance director,
3:01:00Mr. Thank no problem Yoma Thank you.
3:01:12I just wanted to have just asked city manager to just confirm
3:01:19that that four million eighty seven three forty four
3:01:23is what you are talking about before in terms
3:01:26of the fund less the one point three million
3:01:30that was written off for the redivide lawsuit.
3:01:36So this current fund balance and it does not include our fund.
3:01:41So this is really this this is our fund
3:01:43balance different by accounts to be confirmed.
3:01:48Exactly.
3:01:48Exactly.
3:01:49That is exactly right.
3:01:52And store.
3:01:53And Holly, did you say you had that graph?
3:01:56Can you put that more easily than me?
3:01:59Look at you.
3:02:00OK, so you're my question on this one
3:02:04is to so you did say this includes our funding,
3:02:09is that correct?
3:02:09Correct.
3:02:10But it does because this was prepared in August
3:02:13And I, I included this to sort of show the direction we've
3:02:16been going in, what this doesn't include
3:02:19is the most recently updated numbers that I just showed you.
3:02:23So once So this doesn't aRPA.
3:02:27And remember, in August, we were looking at a two million
Quinto asked to look at a specific chart: the graph of the El Cerrito general fund balance on page 112 of the packet.
The City Manager could not bring it up at once but offered to: it was the ten-year plan Management Partners had presented to the Council in August.
A remark in passing on departmental performance: administration “doing better than everybody else.”
Motoyama asked her to confirm the fund balance of $4,087,344, net of the $1.3 million written off for the redevelopment lawsuit — “that is exactly right.”
The finance function was being run by the City Manager herself as interim finance director.
The city's finance function is interim at this point, months before the permanent director starts and works “pedal to the metal” to complete the overdue annual financial report. The general fund balance forecast on page 112 is the ancestor of the chart carrying the 17% line presented in May 2022.
31 Six million, in a special fund captions 3091–3200
3:02:29dollar surplus That's what this reflects.
3:02:32Now that we've collected everything.
3:02:35And again, this all needs to be confirmed by the auditor.
3:02:38The plan will be to update this ten year forecast
3:02:41with the exact fund balance.
3:02:43No and ARPA.
3:02:45So just a word on ARPA.
3:02:48One of the things that we've been talking about
3:02:50is making sure that we're being, again,
3:02:52thoughtful careful about that.
3:02:53And what what ARPA what the funds will will be paid for
3:02:59or what they'll be used for.
3:03:01So we've received our first payment of three million
3:03:05and that has been placed a special fund
3:03:08And what will happen is we'll get another three million
3:03:12in May of next year.
3:03:14As well.
3:03:14So we'll have six million in our work with will.
3:03:18Again, we need to confirm with our auditor,
3:03:21our work with management partners and our consultants
3:03:24have determined that the entire six million
3:03:27dollars can be considered revenue loss
3:03:30under the federal guidelines.
3:03:32So this means that as the council directed,
3:03:34we can use this for general purpose,
3:03:36for general fund purposes, they have to be tracked.
3:03:41So we still have to make sure that we're
3:03:42tracking for revenue loss.
3:03:44We don't have to report now to the federal
3:03:46government until april.
3:03:49So we do have more time.
3:03:51But that additional three million dollars
3:03:53is in a special fund right now.
3:03:55That is something we want to bring back to you
3:03:57by midyear to be able to have that broader
3:04:00conversation of that will go.
3:04:03The idea is for that to backfill general fund.
3:04:05So what this shows, again, shows a two million dollars.
3:04:08So that line would be a little bit higher
3:04:11But to be able to backfill and use that as a general fund
3:04:14revenue means that we would have about seven million
3:04:19in our fund balance So that presents some choices
3:04:22to the city council, including as you've all discussed,
3:04:25things like section one fifteen, trust, things like do we want
3:04:28to start looking at a few, maybe restored positions at mid-year
3:04:33So this is really positive news.
3:04:35But again, I just want to make sure that we, the staff
3:04:39council, everybody, we are all on the same page
3:04:41that we want to be very strategic and thoughtful
3:04:43about moving forward.
3:04:44The news is good, but i'm still super paranoid.
3:04:48I'm not going to lie and I want to make sure
3:04:50that we're doing this as carefully
3:04:52and strategically as possible.
3:04:53Will not get back to any anywhere near where we were.
3:04:57That is my absolute firm goal.
3:05:01It's not even a goal.
3:05:01I will that is just something that is incredibly important.
3:05:05So my question is, you know, when will we get that?
3:05:12The new chart that will show new Yeah,
3:05:17the current Marni's bandele store.
3:05:21So so, again, i'm going to be hopefully working
3:05:24with our interim finance support once we're
3:05:25able to get someone on board in the next couple of weeks.
3:05:27To be updating things.
3:05:29But when the we're expecting that the financial reports
3:05:32and the audit will be complete, hopefully by the end
3:05:34of december, again, we're working really,
3:05:37really hard as as well as we can with who we have But
3:05:41so what We still think we're on track
3:05:43to have the audit complete.
3:05:44And once cAFO is complete, we'll be
3:05:47able to give the council a draft again, hopefully
3:05:49by the end of December.
3:05:50Maybe presented to you in january
3:05:53or early February at the latest Have the auditor
3:05:55come and speak to you.
3:05:57So once we have the firmest numbers possible
3:06:00which will happen before the first completed,
3:06:02we'll be able to have those farm closed books.
3:06:05We'll be able to redo this chart and provide
3:06:07that to the council.
3:06:08OK, so making sure that that our Rosada know and they see
3:06:13this chart what it is right now with with the two million
3:06:17that we have in their and you look at the the years ahead
3:06:22and the difficult years ahead, with that I just want to make
3:06:28sure that our residents see this and see what we need to plan
3:06:32out in the years ahead, because with all the baby
3:06:36boomers retiring in these years, this is why
3:06:40we see the green graph lower.
3:06:44So i just want to make sure that a resident see this
3:06:48and see what there will be more sacrifices ahead
3:06:52And I just want to make sure everyone knows this
3:06:55and I want to make sure that our residents know
3:06:59that the importance of getting a new finance director aSAP
3:07:06and that we get new fab members and ASKAP
3:07:11to make sure that we'll be able to work on this together.
3:07:15Starting in the New Year.
3:07:17And that's going to have the goal that I think we all need
3:07:20to make sure that we keep to keep
3:07:24an eye on this and to keep an this
3:07:26always absolutely We don't.
3:07:28I am concerned about pOS ability of this being a bubble
3:07:35and we've bubbles in the past And and I
3:07:38am concerned about making sure that we know
3:07:45about the sacrifices with our partners and labor
3:07:48and that, you know, we get we need to get the help that you
3:07:54need to move the city forward.
3:07:58I am also concerned about the years ahead in twenty four.
3:08:04Twenty five.
The ARPA position was reported, and staff were careful about the money's status.
The caution: the city needed to be “thoughtful [and] careful” about “what the funds will be used for.”
What had arrived: “our first payment of three million… placed [in] a special fund.”
The second tranche: “another three million in May of next year” — giving “six million” in total.
And the qualification: “we need to confirm with our auditor” how it may be treated.
The consultants had determined that “the entire six million dollars can be considered revenue loss under the federal guidelines,” so it can be used for general fund purposes if tracked; the first federal report was due in April.
Using the ARPA money to backfill the general fund would mean a fund balance of about $7 million, which opened choices such as a Section 115 trust or restoring some positions at midyear. “The news is good, but i'm still super paranoid,” she said; the audit and annual financial report were hoped for by the end of December. Quinto asked that residents see the forecast, warning of more sacrifices ahead, the need for a new finance director and Financial Advisory Board members, and the possibility of a bubble.
Six million in federal relief arrives in two tranches and is held in a special fund while staff confirm its treatment with the auditor. The consultants' view, given here, is that all of it counts as revenue loss, spendable for general fund purposes if tracked.
32 2029, maybe 2030 captions 3201–3290
3:08:05Twenty five.
3:08:05Twenty six.
3:08:06Originally, the the Treasurer said that we would have better
3:08:11years after twenty twenty seven, twenty twenty eight
3:08:16But I see out later maybe twenty, twenty nine.
3:08:20Twenty, thirty but not by much so you know
3:08:24look making sure that our residents know the future what
3:08:29we need to deal with and that we're
3:08:31where this is a concern that that all of us
3:08:35should have here in El Cerrado and that we keep track of.
3:08:38So thank karen for this.
3:08:41Absolutely.
3:08:41I think that that's what's valuable about a chart
3:08:43like this, is that we can anticipate some things
3:08:46happening in the out years that we can
3:08:48make changes well in advance.
3:08:49To ensure that we're not dipping below that line.
3:08:52That's absolutely critical.
3:08:54Yeah, but now that we are in the black,
3:08:56making sure that that five fifteen is
3:08:59is implemented that is part of what
3:09:03the state auditor has recommended
3:09:06So I look forward to having that done.
3:09:08Absolutely.
3:09:09I need to 550 115 115.
3:09:15Yeah.
3:09:15Yeah, Council member Avildsen Yeah, I was just
3:09:19going to say on the one we're talking
3:09:22about the use of the six million dollars one time we re it seems
3:09:30to me that we need to think about one one time
3:09:34uses for that absol lately.
3:09:37Absolutely.
3:09:38So we need to use the money that we're
3:09:44that we need to use other money to fund
3:09:47other things That's right.
3:09:50I I guess because it's one time money we don't want
3:09:54to go through the, you know, a bunch of layoffs
3:09:58like we just had, again, ever.
3:10:01I think now I my heart Yes, my remote theama.
3:10:11I thank you, Mayor.
3:10:12I did have a couple of comments on the ten year forecast
3:10:18I know from our work budget workshop
3:10:21that there is this is this is a summarized version of take
3:10:26Your Forecast that there's kind of a robust model that can be
3:10:30populated so that we can really look at the assumptions
3:10:34and start doing some stress testing of those assumptions
3:10:38so that we that we're on track and as everyone else said,
3:10:41I would like to really be any kind of non one time
3:10:45expenditure, particularly hiring as an ongoing expense
3:10:50I hope that we can include those assumptions into this model.
3:10:54To make sure that we're making good decisions that
3:10:56don't impact our long term health
3:10:59when we make those decisions.
3:11:01So i hope that as you work with your partners,
3:11:05that we can have more detailed and more robust ten year
3:11:10forecast as as some of the samples that you provided us.
3:11:14The other cities are doing that, that we
3:11:15can we can have some meat to dig into and understand
3:11:19and where things are going.
3:11:21So I look forward to seeing that and and thank you
3:11:25for this report in a really thank you
3:11:27to the staff for being such a partner
3:11:30in making the budget changes that were really painful.
3:11:34But now we have a really good outcome
3:11:36and it's really incumbent on us to make sure that hello Kitty
3:11:40may budget Kitty, retain all the good things that we know
3:11:46that this fund reserve is going to get us
3:11:50And I think you didn't mention it,
3:11:52but really it affects things like our bond rating
3:11:55and you also mentioned like our liability things that you know,
3:12:00I think the retiree health issue is really
3:12:03tied to that massive four and a half million
3:12:06dollars of liability that we need to address as well.
3:12:10So, I mean, we have some big big things that all these things
3:12:15are tied back down to the budget and it
3:12:18each individual choice and decision is painful,
3:12:22but it's all forces broader goal of long term
3:12:25fiscal sustainability.
3:12:27So thank you.
3:12:28Yes, thank you.
3:12:29And thank you for bringing that up.
3:12:31Actually, before we go accounts.
3:12:34No, Rudnick, I the liability that
3:12:38would be alleviated by separating the retiree health
3:12:41costs has been that is, we confirmed that
3:12:44with our actuarial consultants on Friday just Friday,
3:12:49that the idea is that the action of the council
3:12:52will eliminate that liability off our books.
3:12:55Eventually within the next several years.
3:12:58Actually, might even Alex you were the one who
Quinto read the forecast's out years.
What she had been told previously: “the treasurer said that we would have better years after 2027, 2028.”
What the current chart showed: “I see [it] later — maybe 2029, 2030, but not by much.”
Her conclusion about what follows from that: “making sure that our residents know the future, what we need to deal with” — and that “this is a concern that all of us should have.”
The City Manager agreed on the value of the chart: “we can anticipate some things happening in the out years that we can make changes well in advance” of.
The forecast's recovery date moves again, to 2025-26, once the redevelopment property tax return is modeled.
Quinto asked that the Section 115 trust recommended by the State Auditor be implemented. Abelson urged one-time uses for the one-time money, so there would be no more layoffs “like we just had.” Motoyama asked for a fuller forecast model to stress-test assumptions, especially ongoing hiring, and tied the retiree health decision to a liability of about $4.5 million. The City Manager said the actuary had confirmed the Council's action would remove that liability from the books within several years.
A councilmember reads the forecast and finds the recovery has slipped from 2027-28 to “maybe 2029, 2030 — but not by much,” and asks that residents be told. By May 2022 the structural turning point is modeled as 2025-26, when property tax captured by the dissolved redevelopment agency returns to the general fund.
33 “It wasn't just the budget savings” captions 3291–3427
3:13:02who spoke with our actuary.
3:13:03I don't know if you had any updates on that.
3:13:05It wouldn't take that long.
3:13:06Would be able to to weed out over over time.
3:13:10That would probably be several years.
3:13:13But the idea is that we are not if we're not
3:13:16subsidizing any of those costs, that it won't
3:13:18show up on our books at all.
3:13:20And so that has been the action that was taken.
3:13:24It wasn't just the budget savings.
3:13:26It's the fact that our long term health,
3:13:27as you heard to council member Moriyama, will be impacted.
3:13:31That will impact our bond rating.
3:13:32That will impact our financial statements
3:13:35And that is exactly the goal that we're
3:13:37that we've set out to keep.
3:13:39Thank you So I'm a redneck Thank you, Mayor.
3:13:44I'd like to thank the city manager and staff for bringing
3:13:47us this quarterly report.
3:13:49It really shows that you're listed
3:13:51that the feedback that council has been given
3:13:53and that feedback from the subcommittee is being heard.
3:13:57And I think that this is demonstrate progress
3:14:01in the right direction.
3:14:03I don't think that we should while these numbers feel really
3:14:09good I don't think that we should feel
3:14:10comfortable with these numbers.
3:14:12And it's just bringing into that direction and one
3:14:15of the callers at the top of the meeting said that you have
3:14:19money now and this is this is not money This is this is
3:14:25getting us to fiscal health And this is going to take a lot
3:14:30of time and i really encourage by this report being both
3:14:35qualitative and explain to folks what's going on as well
3:14:40as giving the same quantitative when we were getting those
3:14:46monthly reports So it's that infamous plus so i'm very
3:14:51appreciative and I look forward to when we have a true interim
3:14:55finance director and then when we
3:14:57have a permanent finance director I
3:15:00can see that we are laying the
3:15:02groundwork for when we bring in this expertise
3:15:06to make this so much better.
3:15:07So this demonstrates a lot of hard work.
3:15:11And I want to probably recognize that.
3:15:12So thank you Thank you so much.
3:15:16Great.
3:15:16Thank you all.
3:15:17I concur with everything that's been said.
3:15:19I think this is the first time I haven't heard the mayor,
3:15:22Mayor pro tem use the word frugal
3:15:24So I'm going to use the word frugal
3:15:26that we've all agreed that we need
3:15:28to move on our frugal path.
3:15:30And I think that's what we're doing
3:15:32And we have a slight smile.
3:15:34But that just meaning that we're on the right frugal path
3:15:38can just the last question I had is
3:15:40you mentioned that we would hear back mid-year about the ARPA
3:15:44plan or was that at the end of the year when the kafirs here
3:15:47are we talking April, May, that will have some sort of No,
3:15:52I was actually thinking because the end of this calendar year,
3:15:56we're hoping to have CAFO completed at mid fingers.
3:16:00Fingers crossed again, i know we've got
3:16:01some we're working really hard.
3:16:03So I'm hoping mid-year budget will be able to have a lot more
3:16:07conversation with the council about where we're
3:16:09at and and and you should expect that we'll be bringing
3:16:12will likely be bringing the council multiple adjustments
3:16:16So we're already I really like the quarterly compilation.
3:16:21It we can visualize a lot better and see where we're
3:16:24going more than every month.
3:16:26So any final comments from our council members?
3:16:32If not?
3:16:32Thank you, Karen.
3:16:35Heading toward the end of our road here tonight.
3:16:38And as far as city council local regional is on assignment
3:16:43are there any parts for Sorry, I'm sorry.
3:16:46Is there, Poppy, as public comments Yes.
3:16:50Just announcing if there's anyone on the call who
3:16:52wishes to speak on policy item, now's
3:16:55the time to raise your hand.
3:16:57Thank you for doing that.
3:16:59I'm hundred percent here and my i'm not seeing any hands here.
3:17:03Oh, OK.
3:17:04Thank Then we will move on to the city council.
3:17:07Regional leaders assignments.
3:17:09Are there any reports i have to brief ones You know,
3:17:17Holly and I the West County mayors Group this year
3:17:20with the West county mayors and we
3:17:22did have Jody london from our county Sustainer ability
3:17:26project speak to us last week.
3:17:28And she was very open, even though they're
3:17:30having staffing issues at the county level as well.
3:17:33That they will help us with any of our food water issues
3:17:36or any of our other sustainable issues.
3:17:38So we're going to be making reaching
3:17:40our hand out to the county for those kinds of issues.
3:17:44Also, i stood in for mayor tom Bodett to last week,
3:17:52and there's a big issue that concerning the Richmond San
3:17:56Rafael Bridge that maybe all of us
3:17:58need to know a little more about,
3:18:00about the marin Municipal Water District asking that a new tube
3:18:05of water be placed on the bridge,
3:18:07whether it's in the bike lane or underneath the top level
3:18:11to bring water from East Bay Mud to Marin.
3:18:14So us in West County.
3:18:17We're very concerned because no one has been talking to us
3:18:19about what this means.
3:18:21My life commute, it means putting new equipment in point.
3:18:24Richmond no one was spoken to.
3:18:26Important Richmond we just were told the East Bay.
3:18:30I reached out to East Bay Mud and said we would
3:18:32love to be updated on this.
3:18:33And they've reached out back to us
3:18:36that they would like to give a briefing to our counsel.
3:18:39And before the year's And so we're looking forward
3:18:43that And any other comments before I
3:18:47adjourn and memory of someone, someone very special.
3:18:51I wanted adjourn tonight in memory of Grace McNeil who
3:18:57everybody seems to know she was a long time
3:19:02president of the Friends of the Library here read.
3:19:05She was an executive on the Library Foundation
3:19:08And for a long period of time, she
3:19:10was the manager of the city city Library
3:19:13and head of research in a library.
3:19:16Her research helped us do needs assessment for our new library
3:19:20going forward.
3:19:21Some of that information still exists
3:19:24for hopefully a new library.
3:19:26And I'll sarino we're going to be doing
3:19:28a resolute mission which details a little bit more
3:19:31of her history and her life.
3:19:33But up until now, I'd like to adjourn at Tenno five
3:19:38in her honor and to announce that the next city council
3:19:43meeting will be on November six.
3:19:47Everybody have a good night.
3:19:48This meeting is adjourned.
3:19:50Thank you.
The City Manager tied the retiree health action to the city's long-term finances.
Her point: “it wasn't just the budget savings” — “it's the fact that our long term health… will be impacted.”
What that reaches: “that will impact our bond rating. That will impact our financial statements.”
And so: “that is exactly the goal that we've set out to keep.”
Rudnick thanked staff for the report.
Rudnick cautioned that the numbers should not make anyone comfortable: “this is not money… this is getting us to fiscal health.” The Mayor reported that the county's sustainability staff had offered help with foodware issues, and raised a Marin Municipal Water District proposal to run a water pipe across the Richmond–San Rafael Bridge, on which West County had not been consulted; EBMUD offered the Council a briefing. Grace MacNeill had been president of the Friends of the Library and the library's manager, whose research informed planning for a new library.
Liaison assignments followed, and the meeting adjourned in memory of Grace MacNeill.
The City Manager says the retiree health action was not just about budget savings: once the city stops subsidizing those costs, the liability leaves its books, which affects the bond rating and financial statements. The bond rating is cited again in May 2022 as the condition for Measure H funding its own master plan projects.